Special Terms
Montrose Auction Inc.
1702 Second Street, Montrose, GA 31065 478-376-4559
Terms and Conditions: All persons bidding in electronic format are responsible for reading, understanding and complying with the terms of sale as specified herein and agree to be bound thereby. Upon registering or making a bid to the auctioneer, buyers agree and accept the following terms and conditions. If you do not accept these terms and conditions, do not bid.
Montrose Auction may auction items at a rate of 140+ lots per hour. Periodically, the Proxibid applet or the internet connection may not keep pace with the auction. We recommend that you place a realistic absentee bid now to help in these instances. The auctioneer may reject an online bid or may reopen a lot after the close of online bidding. By bidding via Proxibid, you agree that the auctioneer shall have final say in all disputes including but not limited to tie bids.
Registration: Bidders must be registered buyers with Proxibid. No other forms of electronic bidding are accepted. Each registered bidder is solely responsible for the use of his/her bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder. The bidder warrants that he/she is not under the age of 18.
Buyer's Premium: Every lot sold by electronic medium by Montrose Auction Inc. is subject to a 18% buyer's premium, which must be paid by the buyer.
Inspection: All items are sold 'As Is - Where Is'. Bidders are urged to inspect property/merchandise prior to bidding. Failure to inspect shall not constitute cause for cancellation of sale. All items are open to public inspection prior to auction.
Condition & Description: The condition of the items being offered can vary. The buyer understands and agrees: 1) that any description is solely for identification, and does not create any warranty, expressed or implied, that the property/merchandise actually conforms to such description; 2) all weights, measurements, values and descriptions must be considered approximations or estimations and do not create any warranty, expressed or implied; 3) that the property/merchandise is purchased 'AS IS', 'WHERE IS', and 'WITH ALL FAULTS'. Montrose Auction Inc. makes no warranties or guarantees whatsoever whether written, oral, or implied as to quality, quantity, condition, usability, saleability, weight, measurement, mechanical condition, performance, or other specification.
Addition or Deletion From Sale: Montrose Auction Inc. reserves the right to withdraw from sale any of the items listed, to sell at this auction items not listed, to group or subdivide lots.
Bidding: This is an open and progressive, (Live) voice auction. It is the bidder's responsibility to pay attention to items being offered for sale and to bid on items in which he/she is interested. When possible, items are sold in the sequence listed in the auction catalog or by random selection by auction staff. Bidders are responsible to ensure that the auction catalog description or announced description of any item they intend to purchase matches the property/merchandise inspected. Sale of property or merchandise will not be canceled due to bidder misunderstanding or failure to pay attention to the bidding. Montrose Auction Inc. reserves the right to accept or reject any and all bids. Bidding increments shall be at the auctioneer's sole discretion. The auctioneer shall have final say in all disputes including but not limited to tie bids. The auctioneer may at his/her discretion re-offer the lot to determine the high bidder.
Consignors: Consignors are not allowed to bid on their own property/merchandise or have an agent bid on their behalf. If the auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any and all items consigned by the offending consignor.
Collusion: Practices that eliminate competition, such as collusive bidding, fictitious bidding, Pooling or conspiring to make a bid by acting as a 'capper', 'booster', or 'shiller' may result in criminal penalties pursuant to the Sherman Anti Trust Act.
Timely Payment: The successful bidder must pay for the purchase of all lots immediately following the conclusion of the auction.
Reserves: Montrose Auction Inc. generally accepts property/merchandise with no reserves. Montrose Auction Inc. will, from time to time, accept items with confidential reserves. This is the minimum price that the consignor will accept for the lot. All reserves are set at or below fair market value and at no time will Montrose Auction Inc. accept a reserve that exceeds what our extensive experience tells us is fair market value for a particular lot.
Payment Form: Acceptable forms of payment are VISA, MASTERCARD.
Firearm Purchases: Montrose Auction is a federally-licensed firearms dealer in the state of Georgia and follows all local, state and federal firearms regulations. A current, signed copy of a dealer's Federal Firearms License (FFL) is required before firearms will be shipped. Please reference the bidder's name and/or invoice number when faxing, 877-373-0634, any correspondence.
Class III Purchases: Class III items are fully transferable after ATF approval on a Form 3 or Form 4 with the applicable NFA tax stamp.
Shipping: 'IN HOUSE' SHIPPING FOR SMALL ITEMS: All Proxibid bidders are responsible for the cost of packing and shipping. Insurance is required for all shipments. All costs will be determined the week following the auction and will be included in the invoice. Payment is expected upon receipt of invoice prior to shipping items. We ship via UPS Insured-Signature Required. SHIPPING FOR LARGE ITEMS & BLANKET-WRAPPED SHIPPING: All Proxibid bidders are responsible for the cost & arrangement of shipping for oversize items. The responsibility of packing and shipping large items lies solely with the winning bidder. Buyers of large items are required to pay for the item within 5 days of the sale, regardless of shipping or pick-up issues. All sales are final. Items may be picked-up, in-person, at the auction house by appointment only.
Refunds: ALL SALES ARE FINAL AND NO REFUNDS WILL BE GIVEN. Removal: All personal property/merchandise must be paid for in full before removal. ALL PROPERTY must be removed by 12:01 pm on the day following the auction. If merchandise cannot be removed, arrangements with auction staff must be made for storage or delivery with buyer paying all costs. Merchandise not picked up within 7 calendar days following an auction will be subject to a storage charge of $5.00 per day unless prior arrangements are made. Items left over 30 days will be sold. Default: Failure to make required payments or effect removal of property/merchandise within time and manner specified shall be deemed forfeiture of any right, title, and interest bidder may have acquired, and the property/merchandise shall revert and repossess to Montrose Auction Inc.
Announcements: Announcements may be made on the day of sale to clarify catalog descriptions or other information specific to a lot or individual property/merchandise item. These announcements take precedence over catalog information pertinent to the property/merchandise but do not alter in any way these basic terms and conditions of sale.
