Great Expectations Auction Company, LLC
Terms & Conditions of Sale
Important Information: Before Registering to Bid, Please read all terms and conditions in full, as when you register you are agreeing to abide by said terms. Great Expectations Auction Company LLC. is a licensed live auction house with a variety of bidders from different venues. This auction is open to the public and conducted by licensed auctioneers.
1. General Conditions of Sale
The offering and sale of property by Great Expectations Auction Company LLC. is subject to the following conditions of sale, as modified or supplemented by other provisions (a) of the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Great Expectations Auction Company (c) in notices posted by Great Expectations Auction Company, LLC. and (d) in announcements made by the auctioneer, prior to or at the time of the sale (the "Conditions of Sale").
Agent for Sale of Property
Unless otherwise stated, Great Expectations Auction Company, LLC. is acting only as an agent for the consignor of property offered for sale, at auction or otherwise, in this catalogue (the "Property"). The consignor may either be the seller of the Property or an agent for the seller. Property Sold by Lot. Property is sold by lot and all bids are by lot as numbered in the catalogue.
2. Disclaimers Concerning the Property As-Is
All Items are sold As-IS, Where-Is. All Sales are Final. The consignor warrants good title to the purchaser. Great Expectations Auction Company, LLC. makes no independent warranty of title. All Property is sold AS-IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY GREAT EXPECTATIONS AUCTION COMPANY, LLC. AND THE CONSIGNOR. Great Expectations also disclaims all warranties arising from course of dealing and usage in the trade.
Descriptive Information. To the greatest extent permitted by applicable law, neither Great Expectations Auction Company, LLC. nor the consignor makes any representation or warranty with respect to the correctness or completeness of information about the Property, such as but not limited to the characteristics of age, condition, size, weight, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance of the Property. Neither Great Expectations Auction Company, LLC. nor the consignor shall be liable for damages or otherwise with respect to incorrect or incomplete information, except to the extent provided for in Paragraph 11 below. If you have questions, Please Ask before Bidding.
We cannot be responsible for any item that is misrepresented, or incorrectly described. We certainly do our best to authenticate items, but do not warrant our opinions.
Communications Not Intended as Binding
No information or statement communicated, at any time, to bidders or buyers by Great Expectations Auction Company, LLC. (or its directors, officers, employees, agents or representatives), orally or in writing, shall be deemed a legally binding representation or warranty (or assumption of liability) with respect to any of the above mentioned characteristics or other information about the Property, except to the extent applicable law specifically requires otherwise.
Inspection of Property
The Property is exhibited for inspection by bidders prior to the sale. It is the
bidder's sole responsibility to be fully satisfied about the characteristics and condition
of the Property, including matters relating to any restoration, repair or alteration of
the Property. If a bidder or bidder's agent (not a Great Expectations Auction
Company, LLC. employee or representative) has not examined the Property, Great
Expectations Auction Company, LLC. recommends that the bidder make no bid on
Intellectual Property Rights
No representation, express or implied, is made by Great Expectations Auction
Company, LLC. or the consignor as to whether or not a purchaser will acquire any
reproduction rights, copyrights or other intellectual property rights in, or with respect
to, the Property.
The Auctioneer will attempt to follow bidding increments as precisely as possible, but retains the discretion to change increments and further reserves the right to reject any bid or raise in bid. As a service to our customers Great Expectations Auction Company, LLC. offers Internet Bidding, both Absentee and Live, through Live Auctioneers and eBay. Please visit the eBay website to review current sale offerings and deadlines for bidding. The Auctioneer is not liable for, nor has control of, online transmission speeds or bid increments placed by registered eBay users. Great Expectations Auction Company, LLC. reserves the right to limit lots offered for auction through Live Auctioneers and/or eBay and is not liable for any errors or failure in execution of any bid in connection with this process. Certain lots may be subject to a reserve or minimum price as agreed upon by Great Expectations Auction Company, LLC. and the Consignor. The Auctioneer will execute the reserve on behalf of the Consignor. Great Expectations Auction Company, LLC. reserves the right to withdraw any property prior to the Auction. We reserve the right to refuse service to any person, and shall not be held responsible for any “missed” bids. In-Gallery Bids will take precedence over online bids.
4. Sale to the Highest Bidder and Auctioneer's Determinations Final Highest Bidder
Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer.It is the auctioneers discretion to advance or reject bids as She/He sees fit.
IF YOU ARE THE WINNING BIDDER: Please provide us with your correct contact information when registering, to include your email address and phone number. If you are the winning bidder, you will be contacted within 48-72 hours of the close of auction, with payment procedures and shipping information if needed. Please do not attempt to pay through any payment method until you have been contacted by us. We will provide you with an invoice. You may pay by credit card online, or over the phone.
Decision of Auctioneer is Final
The auctioneer will also have the sole and exclusive power and authority, without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance in the bidding, and (d) otherwise regulate the bidding and its increments. If the auctioneer receives more than one bid of the same value, only the first received will be accepted. "Auctioneer" as used in these Conditions of Sale means an employee or representative of Great Expectations Auction Company, LLC. duly licensed as an auctioneer or otherwise authorized by Great Expectations Auction Company, LLC. to conduct an auction.
5. Buyer’s Premium and Sales Tax
Each individual Lot sold is subject to a 18% Buyer’s Premium which will be added to the successful bid price of each Lot and is payable by the Purchaser as part of the total purchase price. A 6% State of Florida sales tax will be added to the total purchase price, unless purchased for resale or exempt from tax by other Florida law. All Bidders who qualify for exemption must file a Sales Tax exemption form with Great Expectations Auction Company, LLC. Items physically picked up in Florida by buyers without a sales tax exemption will be charged the State sales tax. Items shipped by common carrier out of State will not be charged State sales tax.
All lots offered may be subject to a reserve. A reserve is the confidential minimum
price established between Great Expectations Auction Company, LLC. and the
consignor. The reserve is generally set at a percentage of the low estimate of the lot
and will not exceed, in any case, the low estimate of the lot. Reserves do not include
the buyer's premium, any applicable taxes or other charges. Great Expectations Auction Company, LLC. prohibits consignors from bidding on their own property.
The auctioneer may implement the reserve by bidding on behalf of the consignor at the auction. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor and may continue bidding for the consignor by placing responsive or consecutive bids, but only up to the reserve. If the item does not reach the reserve price, it will not be sold. If Great Expectations Auction Company, LLC. has an interest in the lot, Great Expectations Auction Company, LLC. may bid up to the reserve to protect that interest.
7. Payment, Collection and Shipping Responsibilities of Purchaser
On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass and the successful bidder thereupon assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise). Payment is due immediately following sale. Please Contact us Before or After the auction to discuss Exact Shipping Costs. Our Priority is to make sure that you receive your item(s) in excellent condition, therefore we take every precaution with packaging and handling the items to include Shipping Insurance, which will be the responsibility of the purchaser.
8. Methods of Payment and Fees : Acceptable Methods of Payment
ALL PAYMENTS MUST BE MADE WITHIN 3 BUSINESS DAYS OF THE CLOSE OF AN AUCTION. A purchaser may use one or more of the following methods of payment: Visa, Mastercard, American Express, and Discover. To ensure that delivery is not delayed, new bidders should supply Great Expectations Auction Company, LLC. with bank or suitable credit references before the sale
Storage Fee: A storage fee of $10 per day will be charged for each purchased lot remaining in Great Expectations Auction Company, LLC.’s possession seven (7) business days after the date of sale.
ON-SITE STORAGE INFORMATION FOR SOLD PROPERTY
Please note that all lots listed in the catalog are subject to Great Expectations Auction Company, LLC.'s new onsite storage policy. For the convenience of the winning bidder of one or more of these lots, all purchases will be held on-site at Great Expectations Auction Company, LLC. Auction Gallery. Please read the Conditions of Sale regarding the removal of sold lots.
1. Buyers will be expected to pick up all property from Great Expectations Auction Company, LLC. within seven (7) days.
2. After auction, all items will be stored at 2121 US Highway 1 South, Suite 1, St. Augustine, FL 32086 at The Ponce De Leon Mall.
3. Buyers will have seven (7) days of free storage to retrieve their property. STORAGE FEES WILL BEGIN TO ACCRUE ON THE EIGHTH DAY OF STORAGE. After the seventh day, Great Expectations Auction Company, LLC. charges $10 a day per lot.
9. Purchaser Default
Great Expectations Auction Company, LLC. remedies upon purchaser default. If any provisions of the Conditions of Sale are not fully complied with by the purchaser, the purchaser will be in default. In addition to other remedies available to Great Expectations Auction Company, LLC. and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Conditions of Sale, Great Expectations Auction Company, LLC. may, at its option, (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of 9 (a) and (b). In the event of any default by purchaser, purchaser will be liable to Great Expectations Auction Company, LLC. and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Great Expectations Auction Company, LLC. regular rates and other damages. Great Expectations Auction Company, LLC. may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Great Expectations Auction Company, LLC. possession to reduce or satisfy, if possible, the purchaser's obligations with respect to the unpaid lots and other deficiencies and damages.
10. Governing Law
The law of the state (excluding its conflicts of law rules) in which the Property is auctioned or sold shall govern, provided however, that if the Property is auctioned or offered for sale only through the medium of an online auction, the law of the State of Florida (excluding its conflicts of laws rules) shall govern.
11. Forum for Lawsuits Consent of Bidders and Purchasers to Jurisdiction.
If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the state courts of, the State whose law has been chosen to govern as provided in the preceding "Governing Law" Paragraph 10. Any Debt collection or dispute proceedings will be heard in St. Johns County, Florida. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Great Expectations Auction Company, LLC. in the collection of funds. The purchaser agrees that a fee of 3% per month may be added to the balance of any unpaid balance due, as well as any other costs or losses incurred by Great Expectations Auction Company, LLC. from the purchasers’ failure to adhere to these terms and conditions.
12. Limitation of Liability
Great Expectations Auction Company, LLC. acts only as agent for the consignor and in no event will Great Expectations Auction Company, LLC. be liable for any breach or default by the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Conditions of Sale, (a) in no event will Great Expectations Auction Company, LLC. liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Great Expectations Auction Company, LLC. have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenues, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Great Expectations Auction Company, LLC. or Great Expectations Auction Company, LLC. agents, representatives, officers, directors, employees or affiliates.
Export or Import.
An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of purchasers to familiarize themselves with any required license, and import or export requirements or limitations. Great Expectations Auction Company, LLC. will have no responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in purchaser's collection of or paying for any purchase, (b) a rescission or cancellation of a purchase by purchaser or (c) purchaser not otherwise fully meeting purchaser's obligations to Great Expectations Auction Company, LLC.
For bidders who do not choose to attend a sale in person or for online auctions, Great Expectations Auction Company, LLC. may accept absentee bids at no cost to bidders. Purchasers who wish to participate in auction sales as absentee bidders must complete the applicable forms printed elsewhere in (or along with) this catalogue and shall comply with and be bound by the additional provisions applicable to such bidding. Please contact us at email@example.com or (904)806-4274 to do so.
If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
These Conditions of Sale shall apply to both auction and private sales of Property.
Unless Great Expectations Auction Company, LLC. consents in writing, purchasers may not assign their rights or any of their obligations relating to an auction or other sale by Great Expectations Auction Company, LLC. . Any assignment without Great Expectations Auction Company, LLC. consent will not be effective.
14. Firearms Sales
ALL FIREARMS SOLD BY Great Expectations Auction Company, LLC. will go through a Federal Firearms License (FFL) Licensee in Florida. FLORIDA BUYERS-Must pass the Florida Bureau of Investigations background check for all firearms. A $5 fee will be charged for the background check, and a $25 Transfer fee will apply to all Firearms sales. If you do not pass the background check, you still must pay for the firearm(s), and it will be sold at a later auction and appropriate commission will be charged. Thus, if you are concerned about whether or not you will pass the background check, DO NOT BID!
Pick-up: Guns may be picked up by the purchaser at Great Expectations Auction Company, LLC. , 2121 US Highway 1 South, Suite 1, St. Augustine, Florida 32086. All purchases must be paid for the day after the auction, regardless of when you pick the firearm up.
Shipping: If you prefer to have the firearm shipped, a standard $25 shipping fee will cover most guns to be shipped. In some cases an extra fee may be charged if shipping costs exceed the normal costs.
Out of State Buyers: BUYER’S FROM OUTSIDE FLORIDA OR OUT OF AREA BUYERS- IMMEDIATELY FOLLOWING THE AUCTION YOUR CREDIT CARD WILL BE CHARGED FOR YOUR PURCHASES AND BIDDING FEE’S. YOU ARE REQUIRED TO Contact a Federally licensed firearm dealer in your state who will accept shipment and transfer the firearm to you in your state.
A COPY OF THE RECEIVING FFL MUST BE FAXTED TO US BEFORE THE GUN(S) WILL BE SHIPPED. YOU ARE RESPONSIBLE TO DETERMINE YOUR ABILITY TO PURCHASE A FIREARM IN YOUR STATE. IF YOU FAIL TO QUALIFY IN YOUR STATE YOU WILL THEN OWN A WEAPON THAT YOU CAN’T POSESS. ALL SALES ARE ABSOLUTELY FINAL ON THE DAY OF SALE. Great Expectations Auction Company, LLC. will arrange shipping on all firearms through a local FFL Dealer. The cost of the shipping will be paid by the purchaser prior to shipment. HANDGUN’S REQUIRE OVERNIGHT SHIPPING. Visa, Master Card and Discover are accepted for payment. YOU MUST BE OVER 18 YEARS OLD TO BUY LONG GUNS. YOU MUST BE OVER 21 YEARS OLD TO BUY HANDGUNS.
Disclaimer: ATF FORMS WILL BE FILLED OUT ON ALL GUNS. Great Expectations Auction Company, LLC. has not fired any firearm in this auction (Unlees otherwise noted). As such we cannot warranty these items. Our conditions range from New in Box, Outstanding, Excellent, Very Good, Good, Fair & Poor. Please pay attention to our ratings. They are our opinions only, but you should make every effort to inspect them yourselves.