Special Terms
A bidder must read and agree to all wording in our Special Terms and Conditions before participating. Do not contact the auction after an event to complain that you no longer agree.
Registration/Consent-Completed registration and subsequent bidding activity is considered consent and acknowledgement that you, the registered bidder agree to all Special Terms and Conditions in this legally binding bidder/auctioneer contract.
Hold/Deposit-Some events may require a hold/deposit at the time of registration. This is not a fee to participate. This is not a charge or a purchase. Your registered credit card will not be charged by the auction unless you make a purchase. If you make a purchase, a hold/deposit can be applied to your purchase. A winning bidder who decides not to pay their invoice will forfeit any hold/deposit as well as any additional fees (Sales Tax, Bidder’s Premium, Processing Fee, Storage or Transport Fee, Declined Bidder Fee).
Bidder Vetting-All bidders are vetted for this auction by Proxibid Auction Guard. Office Staff at Falcon America South Inc. can not view your Proxibid User Profile and has no authorization to approve or deny your registration. If you are denied registration, contact a Risk Management team member at Proxibid.com. Do not call the auction for assistance with declined registration. Our staff will not be able to assist you.
Declined Bidders-If the reason for your declined registration is because you were reported to Proxibid by Falcon America South Inc for any reason, you will need to submit a request in writing, via email to the auction for reinstatement. No staff will be able to assist you with such a request by phone. The purpose of a written request is so that the auction may investigate your decline. If an error is found on behalf of the auction, a bidder may be un-reported to Proxibid. Ultimately, the decision to approve a bidder is determined by Proxibid.
Dual Registration-Registration online with Proxibid.com is not the same as being registered for an auction held on-site or in-person. A bidder can not use their online registration for the purposes of bidding at a live, on-site auction event. You must be registered as a on-site bidder. Proxibid registrations are not transferable. All on-site deposits (if any) and documents will apply to on-site registration.
ATG Payments-Payment is accepted online using ATG self-checkout and also payment in-person at the auction. ATG payments are by credit card only. The threshold for an online payment using ATG is $2000. A processing fee will apply. If paying in-person at the auction with a credit card, the threshold is $5000. Please do not confuse the two. On-Site/In-Person credit cards accepted: Mastercard, Visa and Discover. Photo ID may be requested. Cardholders must be present. No exceptions. A credit card processing fee may apply. For assistance with ATG self pay, contact payments@proxibid.com
Wire Transfer-Bidders can pay by wire transfer or direct cash deposit. The auction reserves the right to refuse payment from any source of funding. Checks are not accepted from anyone in any form, no exceptions.
BP-Bidder’s Premium will vary by auction. Everyone pays the bidder’s premium and it is not negotiable. Do not call the auction after an event asking for a lower bidder’s premium.
S&H-Shipping and Handling fees are not included in your initial Proxibid invoice. A bidding is responsible to pay all shipping and handling fees. All firearms, guns, ammunition will be shipped with adult signature. Do not ask the auction to remove it.
Deadlines-Payment and Pick-Up Deadlines are imposed for each auction event. Payment is due during the Payment and Pick-Up window expressed for an auction. Plan accordingly. Whether there is a one-day window or three-day window to pay and pick-up, it is the bidder’s responsibility to be prepared in the event they become a winning bidder. Do not contact the auction upset that you agreed to a one-day pickup and can not show up for several days. Dates are not set arbitrarily. Many auctions are held on non-banking days (Sunday). Payments should be in progress as quickly as possible. Payment and Pick-Up Deadlines are strictly enforced. Do not delay in initiating a wire transfer, overnight payment, etc. Why an invoice is unpaid is not an exclusive factor in whether a bidder will be reported/collected by Proxibid. Invoices are either paid or unpaid in their entirety. It is Proxibid’s discretion to put a non-paying bidder into a blacked flagged status. This status may result in termination of all current Proxibid bidding activity. Any bids currently in progress with Falcon America South Inc. and any other auction may be removed. This auction is a Proxibid Preferred Partner. Merchandise must be picked up by the imposed pick-up deadline. When items are not removed by the deadline, they will be considered abandoned. No refund will be issued to the bidder. The bidder may be responsible for all costs associated with items left behind, not limited to; storage, removal and disposal. A minimum of $50 per day per item late fee may be assessed up to a maximum of 30-days. The auction encourages all bidders who can not meet pick-up deadlines to contact the auction before participating. If the auction can accommodate an extended pick-up deadline for an individual bidder, it must be coordinated prior to bids being placed and must be approved by the auction. It is best to do this via email in order to provide a written confirmation that an extended pick-up is mutually agreeable. Payment and Pick-Up deadlines are provided before the auction. Although most auctions will provide approximately three business days for pick-up, there are auctions that will impose deadlines as short as one-day. If you can not meet the payment and pick-up deadline, you should not participate without written approval before the auction of an extended pickup deadline. Pick-Up of items is the responsibility of the bidder including; liability, expense and risk. Bidder is responsible for providing all labor, material, equipment and insurance to complete pick-up of merchandise.
Payment-Payment is due in full before any items will be released for pick-up. No items will be removed until an entire invoice has been paid. Items are not considered paid until your method of payment has cleared. It is not necessary to send the auction copies of your financial transactions. If the auction does not display your payment as cleared from our financial institution, it is not going to be marked paid. A pending wire transfer is not a paid wire transfer. Wire transfers can take anywhere from 24-hours to three business days. Contact your bank/financial institution with any specific questions. You may need to make an appointment with your bank to conduct a wire transfer. The auction is not responsible for a bidder’s payment delays or circumstances. Bidders are either paid or unpaid. Unpaid bidders will be reported/collected by Proxibid. Ensure your wire transfer if for the correct amount. If your wire transfer is short (For Example; a foreign bank takes out wire transfer fees), the auction will not consider your invoice paid. The auction must receive no less than your invoice total. A $15.00 fee can be collected for wire transfers less than $3000. Non-Paying Bidder data is reported/collected by Proxibid as soon as the payment and pick-up deadline has passed. Non-Paying Bidders may be black-flagged by Proxibid, revoking all current and future bidding activity. Do not place bids on items you do not intend to pay for. Always keep in mind that you may be the winning bidder on every lot in which a bid is placed. Payment Questions can be directed to the auction by phone (561-844-0440), email (info@falconamerica.com), online (www.falconamerica.com), fax (561-537-7123) or via Proxibid (payments@proxibid.com)Once the payment and pick-up deadline has expired, the auction is under no obligation to provide extended pick-up. Any arrangements for late or extended pick-up need to be coordinated before the deadline. For example, if the pick-up deadline is Sunday, do not complain on Tuesday that you need extra time to pay or pick-up. Deadlines would have been posted for the auction that pick-up was until Sunday. It is the bidder’s responsibility to ensure that their registered credit card/payment type on file with Proxibid is current and valid. If you need to update your credit card information, you can do this online with Proxibid or by contacting payments@proxibid.com. For your security, Falcon America South Inc. does not accept credit card information over the phone for payment of an invoice of any amount.
There is a $50.00 Administrative Fee for all titled vehicles. This fee does not include a title. This fee is above and beyond any and all other motor vehicle fees.
There is a $5.00 Fee collected for all firearms with a hammer price of $25.00 or more. This includes Antique, Curio & Relic.
There is a $10.00 Documents Fee collected on all firearms shipped to the state of California.
Declined CC-Ensure your credit card on file with Proxibid.com is up to date/current. Declined credit cards may result in a bidder being reported to Proxibid for non-payment.
No Financing-Falcon America South inc. does not participate with Simple Finance or any other lease-financing agent. Payments are to be made per our terms and conditions.
Bidder Contact Information-Ensure all Winning Bidder contact information is correct. If the auction can not reach a bidder before, during or after the event, the auction reserves the right to report or restrict that bidder. Phone number and email should be checked for any errors.
Sales Tax-Sales tax will be collected if your profile does not reflect a sales tax exemption for your purchases. It is the responsibility of the bidder to maintain the correct information on your online bidder profile. Any sales tax documentation should be sent to payments@proxibid.com. The auction has no authority to remove or reduce sales tax collected by Proxibid.com. If paying in-person/on-site the auction will require a copy of your sales tax certificate. All sales are subject to a 6% Florida State Sales Tax as well as an applicable County Sales Tax. For example, Palm Beach County sales tax is 1%. The total collected if paid on-site/in-person is 7%. This fee must be paid at the time of the transaction closing. If you are exempt, a valid, current tax exempt form and licensing is required. There are only two exceptions:
1-Out of State Bidders who will be relocating a vessel out of the state of Florida, who are able to produce all necessary documentation to support their residence and by completing a proper affidavit.
2-Recognized Dealers who produce and file a valid State of Florida Resale Certificate and sign a statement indicating this purchase is for the purpose of resale.
Permission to Charge Bidder Credit Card-If balance of payment is not satisfied to the terms and conditions of this contract, the auction, Falcon America South Inc. reserves the right to charge the Winning Bidder’s credit card for the remaining balance of the entire purchase. Falcon America South Inc. reserves the right to charge your credit card after the auction for the entire balance of an unpaid invoice. All charges are billed as Falcon America South Inc. Bidder agrees that under no circumstances will the bidder initiate a chargeback to their credit card. Registration for this auction will result in an email confirmation from Proxibid. If you do not receive an email within 12-hours of your registration, check your spam folder or contact Proxibid to ensure your registration is complete. Always ensure your registered email address on your Proxibid User Account is correct. Both Proxibid and Falcon America South Inc. may need to communicate with you before, during or after an auction.
Read & Agree-The Bidder should not participate in any auction event without reading and agreeing to all Terms and Conditions of this bidder/auctioneer contract. Assistance with this document is available by contacting Falcon America South Inc.
Inspection & Preview-Inspection and Preview is held before an auction. There is no right to inspection preview after you have become the winning bidder.
Off-Site Items-Cataloged items may be listed as off-site. This means that the item is not located where the live auction is being held. Off-site items may be located at private residences or marinas. It is highly encouraged that a bidder make an appointment to preview/inspection an off-site item. These items may not have been viewed, inspected or photographed by the auction company. Description information may have been provided solely by the consignor or third party representative. Location details may not be published to listings to protect the privacy of the consignor. For your safety, all off-site preview and inspections should be coordinated exclusively with Falcon America South Inc. An auction representative may not be present at the time of your appointment.
Disclaimer-All Property is sold, “AS IS”, “WHERE IS” and “WITH ALL FAULTS.” All property is being offered and sold in its, AS IS, WHERE IS condition at the time of the auction, with all faults, including any hidden defects of any nature. Neither the Auctioneer nor Seller makes any representations, warranties or guarantees whatsoever, express or implied regarding the nature, value, source, authenticity, fitness, merchantability and/or any other aspect or characteristics of such property. No statement anywhere, whether express or implied, including verbal statements made by Auctioneer will be deemed a warranty or representation by Auctioneer or Seller. Without limiting the generality of the foregoing, there are no warranties of non-infringement, authenticity, origin, merchantability or fitness for a particular purpose. All of which are expressly disclaimed. The bidder acknowledges and agrees that you cannot rely, and have not relied on any representation, warranty or guarantee made by Auctioneer or Seller or anyone acting as an agent of the Seller, orally or in writing. By bidding you acknowledge and agree that you have had a full and fair opportunity to inspect the property and that you are relying solely on, or that you have waived such inspection and investigation (1) in determining whether to bid, (2) in determining the amount of a bid and (3) in bidding. There are no warranties which extend beyond the description of the item.
Bidder Acknowledgement-By submitting a bid, the registered bidder is acknowledging that they are familiar with the merchandise and have agreed to accept the purchased goods as per the terms and conditions of this contract.
Identification Numbers-Serial Numbers, Maker Marks, Vehicle Identification Numbers are provided on many items. It is highly recommended that a bidder use this information to research an item’s history prior to placing a bid.
Responsible Bidding-The Bidder is responsible for knowing which item(s) they are bidding on at all times. Once a bid is placed, the bidder will have affected a contract and will be expected to pay for items which the bidder was evidenced to be the successful bidder, whether in-person/on-site or online with Proxibid.com. The Auctioneer will not honor alleged bidder mistakes. Registered Bidders are responsible for all bids placed from their Proxibid User Account. When placing pre-bids, it is highly discouraged to bid on any item you do not intend to win and ultimately pay for. A Bidder is not to contact the auction after the event, upset that they bid on several items and surprisingly, won all of the items. Any item that a bidder places bids on can result in that bidder becoming the high bidder.
Auctioneer Announcements-All announcements made on the day of the auction supersede all printed / published material. For example, if there was a typographical error to a cataloged item or update to an item, such a the inclusion or exclusion of additional merchandise, the auctioneer would declare this information prior to its sale. This information may also be presented via the Proxibid Live Bidder Application in the form of a message to all bidders, effectively becoming a documented record.
Catalog Errors-The auction is not responsible for catalog mistakes in the areas of; typographical errors, photography uploads or taxonomy categories/labels if the correct information for the item exists elsewhere in the listing/description. For example, if the mileage is incorrectly listed in the item's taxonomy label, but correctly presented in the photographs of the item, the auction will not be responsible because the correct mileage was contained in the listing. A bidder should always read the entire listing/description of an item as well as view all photographs. The bidder should bring any listing discrepancies to the attention of the auction as soon as possible. Never bid on an item until a concern is fully answered or resolved. VIN and SERIAL numbers are extremely useful in assisting the bidder in making an informed decision.
Pre-Bids-Pre-Bids can not be removed. A Bidder should not contact the auction asking if their bids can be removed. This is an unfair bidding practice, causing disruption to the pre-bidding activity for all involved. It is also unfair to a consignor for those items. Unless a legitimate bidding error has been made, it is likely a request to remove pre-bids will result in a bidder’s loss of privilege to continue bidding. Once the live auction begins, no bids can or will be removed. Pre-Bidding on an item prior to the live auction does not imply or guarantee that the bidder will effectively become the highest bidder, even if the final hammer price is equal or less than the amount of the maximum pre-bid. A bidder can still be outbid, depending on the increment offered.
Bidder Proxibid User Account-The Bidder is responsible for all bids placed from their Proxibid User Account. The auction does not register bidders for the auction, nor bid on a bidder’s behalf. The auction is simply notified by Proxibid that the bidder has registered for the auction. It is only the bidder that can register and select a source of payment to fund the items they are bidding on. The auction can not see a bidder’s credit card information, nor any other auctions that the bidder may be participating in. During the live auction, the auction can accept or decline a bid from a Proxibid User. The auction can not place or remove bids for the bidder. Bids can only originate from the bidder. A bidder should not call the auction claiming that bids were placed on their behalf. There is no system in place within the Proxibid platform for this to exist. Do not contact the auction alleging that someone else placed bids for you, such as a grandchild, spouse, neighbor, pet or ghost. It is the bidder’s responsibility to secure passwords to their account and not to leave the Live Bidding Application unattended during an event.
Device Advice-Bidding from a desktop computer is the most optimal way of using the Live Bidder Application. Falcon America South Inc. highly discourages the use of mobile phones and tablets to place bids. The auction will not be responsible for a bidder’s technological issues or capabilities. Computer speeds vary. A bidder should be knowledgeable with the device they are using to place bids. Be warned that a bidder having technical issues can result in unwanted purchases. If you or your device is not capable of functioning properly, it is suggested that the bidder refrain from participation.
Refunds-No refunds will be issued on abandoned merchandise. No items are removed without an invoice that is completely satisfied. There is no right to partial pick-up on a partially paid invoice unless otherwise agreed upon by the auction. For example, if a bidder makes an appointment to pay and pick-up their merchandise, and an item is missing/can not be located at the time of pick-up, the bidder will not be obligated to pay for that item at the arranged time of pick-up. The bidder will not be held liable for storage fees for items not provided at the designated pick-up.
Merchandise Removal-Falcon America South Inc. reserves the right to deny removal of merchandise won by any person if feels may not be qualified to remove an item in question. Bidders will remain liable for removal of items in question with the same time constraints of auction terms. Bidder shall comply with all applicable laws and regulations regulated thereto. Before entry into a building or property for removal of merchandise, those in the preceding sentence shall provide Falcon America South Inc. with a certificate of insurance. Auction should be informed within (30) days written notice to cancellation of such policy. Bidder to assume all responsibility for the removal of property purchased and any and all risks associated with such removal. Bidders agree they are fully financially responsible for any damage or liability to persons or property resulting from pick-up and removal at auction location for themselves and their agents. Bidder is responsible for any damage, holes, scrapes and tears, whatsoever to the building and surrounding area from the removal of purchased items. Bidder is responsible for any damage Falcon America South Inc. deems that the bidder is responsible for. Bidder and its agents, contractors, employees shall not unreasonably interfere with business operations in the building, property or residence. Bidder agrees that in the event that any merchandise contains environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, bidder shall provide to Falcon America South Inc. evidence reasonably acceptable that bidder its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Auction, seller, its agents or representatives will not be responsible for containment, storage or removal of hazardous material. Bidders must remove all purchased items. There will be no right of abandonment during the pick-up. All persons participating in auction pick-up must check-in with the auction’s office staff. ID may be required of anyone participating/assisting with a winning bidder’s pick-up to ensure coverage is valid and current for the duration of the pick-up.
Sign-Up Genius-Sign-Up Genius is the platform the auction provides to the bidder to coordinate appointments for payments and pick-up. This application is only available during the designated payment and pick-up period for an auction event. When an appointment is selected from 4:30pm-5:00pm there is an expectation that the bidder will arrive at 4:30pm, not later. In this circumstance, a 30-minute window has been provided for pick-up. Showing up at 5:00pm would mean that a bidder has missed their appointment. All bidders are expected to be courteous to auction staff as they would to you. If you are running late for your appointment you are expected to communicate such with the auction so we may accommodate if possible. The auction will not pay staff to wait around for late bidders. Bring any tools or support that you will need to any pick-up appointment. A one hour appointment should not take several hours or days. The cost of delays will be assumed by the bidder. The auction will not pay its employees to assist bidders who arrive unprepared. When auction employees need to spend time assisting those who arrive late, the cost of labor will be assumed by the bidder. Furthermore, if a bidder and its agents make a mess during pick-up, they will be expected to clean it up before they leave. Plan accordingly to bring your own trash bag(s), paper towels, cardboard boxes, hand wipes or other cleaning supplies.
Bidder Dispute-In the event that a dispute arises over bidding, purchase, terms and conditions or events of the auction, Falcon America South Inc. shall be entitled to recover any and all costs, expenses and attorney fees incurred, not limited to all appellate proceedings or fees for the enforcement of terms of this contract. The parties shall also agree that Palm Beach County is the proper venue for all legal actions and Florida Law shall apply. Thus, the bidder agrees that this agreement shall be governed by the laws of the State of Florida with jurisdiction in Palm Beach County and/or Martin County, Florida. If a dispute arises between two or more bidders, the Auctioneer may decide the outcome, or at their discretion, put the lot in the ring and sell it again to the highest bidder. The decision of the Auctioneer is always final and absolute. The record of sale maintained by the Auctioneer will be taken as final in the event of a dispute.
SNAD-For items alleged SNAD, Significantly not as described, the bidder will be required to return the item to Falcon America South Inc. Bidders will be responsible for any shipping, insurance, delivery confirmation or other associated fees. Return of an item is at the bidder’s expense and will not be reimbursed or credited. Proof of Delivery may be required. If it is determined that an error has occurred on behalf of the auction (for example, wrong item shipped or item defective), Falcon America South Inc. will make every attempt to resolve and remedy the situation as swiftly as possible. All returns must be authorized in writing by Falcon America South Inc. and will be subject to visual inspection. A refund may be denied if it is determined that any damage, improvement, removal or replacement of parts, or any other modification has been made to the item. Both damage and improvement can be subject to interpretation, therefore any modification of the item from its original state can invalidate a claim to a refund. Any bidder that initiates a chargeback for any reason will be reported/collected by Proxibid. The auction will be under no obligation to coordinate, discuss, assist or communicate with a bidder who has filed a chargeback. The auction will only then correspond with the involved financial institutions. In the event the item is firearm related, a chargeback may result in Falcon America South Inc. reporting the bidder to ATF-Alcohol Tobacco and Firearms.
Odometer Discrepancy-Falcon America South Inc. is not responsible for odometer mileage on any vehicle nor the information contained in the odometer mileage statement which Seller, as Transferor is required to complete and deliver. Buyer as transferee is required to acknowledge.
Damage-If an item is allegedly damaged during shipping/transit, the bidder must retain any and all packaging materials and contact the auction company immediately. It is required that a claim be filed with the carrier that transported the item. An inspection by that carrier will require all packing materials for visual inspection. Disposal of said materials may void or forfeit the bidder’s ability to file a claim or inspection. The auction company subsequently may not be able to assist you in furthering your claim and will not assume any responsibility or liability for your claim. Most items shipped from Falcon America South Inc. will include delivery confirmation, tracking information and often a required and/or adult signature. A replacement or compensation/refund will not be provided unless it has been determined by the carrier to be damaged due to improper packing prior to shipment. Most items are packaged and shipped from the auction’s in-house shipping department. It is encouraged if a bidder detects any exterior damage to a package received that it is promptly photographed before opening and when possible during and after opening. Often when a bidder claims that they are missing parts or pieces, it is concluded that the items were received, wrapped in bubble or tissue. Please check the entire contents of your package before contacting the auction.
Knowledge is Power-Read descriptions of items. Review photos. Ask questions. Attend Preview & Inspection Day whenever possible. If you cannot attend, consider sending some by proxy on your behalf.
Online Bidding Responsibility-Internet Bidding is provided as a convenience. The bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall the bidder have any kind of claim against Falcon America South Inc. or its agents or employees if the service fails to work correctly before or during the live auction. Every effort is made to prevent errors from happening. If in the event an error is made, the auction may refuse or cancel the sale of any item(s) affected. For example, if any item should have sold for $2500 dollars and a technological error caused the item to display as selling for .25 cents, the auction reserves the right to cancel or correct that mistake. The auction is not responsible for missed bids of any kind. Bidders are encouraged to use the pre-bidding feature on Proxibid. Registering for the auction at least 24-hours prior to the live event is also encouraged. Falcon America South Inc. reserves the right to withdraw, pass, group, re-catalog, resell items as well as cancel any winning bids. Bidder agrees to hold harmless Falcon America South Inc. and any of its partners or employees against any claims arising from the auction agreement, including; full responsibility and liability for themselves, their employees, family members, guests, friends, etc. Falcon America South Inc. is acting as an agent only and is not responsible for the acts of its principals or consignors.
Restricted Items-If a bidder is unable to receive an item purchased from the auction due to a legal restriction or other, the bidder maintains responsibility for payment in full (which includes buyer’s premium, sales tax, storage and any other applicable fees). Bidders may request that Falcon America South Inc. re-consign and resell items at a future auction, charging the current standard seller’s commission. Such a request must be completed in writing before the end of the payment and pickup period for that auction. If the bidder does not notify the auction in writing of such requests within the payment or pickup time period, item(s) will be considered abandoned and disposed of, with no compensation to the bidder.
Loading & Transfer Fees-Individual listings may have loading and/or transfer fees. These are often applicable to boats, trailers, motor-vehicles or heavy equipment type items. When these fees are posted to the item’s listing, the bidder is responsible for those fees. Furthermore, the auction will not load any item to an undesired or unsafe transport vehicle or hauler.
Email Permission-All registered participants, either on-site or online with Proxibid, expressly agree to receive / sign-up for the auction’s email newsletter. This list is never shared, sold or traded with any other entity. Email list is fully compliant via Constant Contact, regulated by the (FTC) Federal Trade Commission Anti-Spam Act, CAN-SPAM guideline. Any bidder who wishes not to receive email from Falcon America South Inc. may opt out at any time. An unsubscribe link will be included with any emails received by the auction. Bidders may email a request to unsubscribe to info@falconamerica.com
Catalog Removal-Due to the high volume of our auctions, catalogs do not remain online or listed in Proxibid auction archives. Once all winning bidders have been invoiced after an auction, the catalog is closed from public view. Winning bidders have access to information for all items they have won in their private Proxibid User Account portal online. Ensure when you are searching for an invoice online in your Proxibid portal that you select the correct month in the menu’s drop-down box. Photos of your items can be requested after the payment and pickup process has been completed. There is no guarantee your request will be processed. It is strictly prohibited for a winning bidder to use Falcon America South Inc. photographs for resale, advertisement or any other purpose than personal review.
