Special Terms
TERMS & CONDITIONS
1. UNDERSTANDING THE TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog and addendum sheets will be offered for sale or sold by Christopher Noon, Auctioneer (Lic. # PA AU005664)(known hereafter as 'Auctioneer') and any client for whom Auctioneer may act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. These are the conditions of the sale. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions. The Buyer's rights and Auctioneer’s respective rights and obligations hereunder are governed by the laws of the Commonwealth of Pennsylvania. By bidding at our auction whether in person or by agent, sealed bid, electronic, or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Lehigh, Commonwealth of Pennsylvania and agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Lehigh County.
2. BUYER'S PREMIUM AND SALES TAX. All “Hammer Prices” (the price at which a lot is sold or 'knocked down' to the Buyer) may be subject to a Buyer’s Premium (BP) payable by the Buyerr directly to the Auctioneer. Auctioneer has been authorized by the consignor to retain BP as part of remuneration for services rendered. The amount of BP, if any, may vary by sale and will be announced and displayed conspicuously before and during the auction.
The BP will be added to Hammer Price to determine the Total Purchase Price. Tax is computed on the total purchase price. To establish a tax free sale, a copy of a valid reseller's permit or other instrument of information must be provided to the Auctioneer before making any purchase. Buyer must provide exemption for jurisdiction in which purchaseis made. Tax exemption from any other jurisdiction cannot be accepted and will result in charging full Tax amount due.
3. METHOD OF PAYMENT. Payment for all online sales will be made via MasterCard, Visa, Discover, or Paypal Payments. For all other payment methods, Buyer must contact Auctioneer before purchase is made to determine if accomodations can be made. NOTE TO INTERNATIONAL BUYERS: Method of payment will be U.S. currency.
4. TERMS OF PAYMENT. All sales are final at the fall of the Auctioneer’s hammer, the announcement of 'Sold' by the Auctioneer, or by any other Customary Means. This purchase is subject to all the terms and conditions set forth herein. Buyer assumes full responsibility for all purchases including agreement to pay all charges in full, including BP, applicable Tax, and Shipping charges, where applied.
Buyer must take possession of all Merchandise and remove from Auctioneer’s premises or arrange for items to be shipped at Buyer’s expense no later than five days following the date of sale unless otherwise agreed. If Merchandise is not removed, it may be transferred to a public warehouse for the purchaser at the purchaser’s risk and expense.
Auctioneer retains all rights of a secured party. Whenever the purchaser pays only a part of the total price for one or more lots purchased, Auctioneer may apply such payments, at his sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until all amounts due have been collected and payments have cleared. If the conditions of sale are not complied with, in addition to remedies available to Auctioneer and Consignor by law, Auctioneer may, at his option either (1) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and commission at Auctioneer’s standard rates. Buyer is also responsible for all other charges due to Buyer’s failure to complete transaction, including applicable Attorney’s fees, Incidental damages, etc.
5. INTEREST AND DEFAULT. Payment is due upon receipt of invoice. If the buyer's invoice is not paid in full within 15 days of the auction, Auctioneer has the right and may charge the buyer for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Terms and Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales, interest from the date of the sale as well as any legal or collection fees incurred. Auctioneer shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of Auctioneer to the outstanding debt.
6. WITHDRAWAL. Notice is hereby given that Auctioneer and Consignors retain all rights protected under UCC § 2-328 including within Louisiana and any other jurisdiction in which such notice is required. These rights include, but are not limited to withdrawal of any item or items from the Auction before sale of said merchandise has finalized, placement of a “reserve price” or minimum bid amount on any lots, and refusal to accept bids for any legal reason or no reason at all.
7. PROTESTS, DISPUTES AND THE AUCTIONEER. Auctioneer reserves the right to reject a bid from any bidder for any reason allowed under Federal laws or the laws of the Commonwealth of Pennsylvania, or no reason at all. The highest bidder, acknowledged and affirmed by the auctioneer, will be the Buyer. Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. For any dispute arising after the purchase, Auctioneer’s records will be conclusive in all respects, and supersede any other Record or Accounting of the Auction.
8. LIABILITY LIMITS. If Auctioneer is prevented by fire, theft, or any other reason from delivering any property to the Buyer, liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
9. GUARANTEE. All property offered for sale is AS IS, WHERE IS, WITH ALL FAULTS, without any Expressed or Implied Guarantee or Warranty. Descriptions in the catalog are opinion, and are to be taken as such. They are not to be considered as Appraisals or Expert Opinions, but are to be accepted as a general description of the identity of the items available for sale. They are written as an aid to potential bidders. However, bidders must make their own examinations of merchandise and use their own Judgement and Expertise in determining the Condition and Value of merchandise on which they will be bidding.Auctioneer makes every reasonable attempt and effort to give correct and accurate information on description and condition of merchandise. However, there may be flaws or variances in the merchandise which are unknown to Auctioneer or errors in the written Catalogue.
Auctioneer strongly recommends Bidder personally view all items he may be interested in or have an acknowledged expert view the item. In the event that a buyer is unsure of an item's authenticity, condition, or grade, it is the buyer's responsibility to notify auctioneer, in writing, that authentication is requested. If so requested, Auctioneer will send item to qualified independent grading and authentication company for inspection at Buyer's expense. In the event that independent grading and authentication company deems the item to be inauthentic, such fee will instead be covered by Consignor and the fee for the item will be refunded to Buyer. This service must be requested in advance of shipping items. Once the merchandise has left Auctioneer's chain of custody, and has been remitted to the shipper for shipment to Buyer, Buyer waives any and all recourse should Buyer later decide to authenticate or grade item independently.
Should a dispute about a lot arise following purchase, it is the buyer’s responsibility to provide a written statement by an acknowledged qualified expert within 30 days of the auction that original Description was nonfactual or otherwise intentionally misleading. If the expert’s statement is indeed correct Auctioneer will make a full refund upon return of merchandise, providing the merchandise is returned in the same condition it was received.
Auctioneer will only honor any potential disputes within 30 days of an Auction. Auctioneer will have no further obligation including refunds or returns if the above conditions are not met within said timeframe. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, physical condition are qualified statements of opinion and not representations or warranties. No employee of Auctioneer is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any property. Any statements made on the day of Auction with respect to items for sale supersede any previous statements made in any catalog or bill of sale or their addenda, notifications, advertisement, or any other representation, whether written or oral.
10. SUCCESSION AND SEVERABILITY. The Conditions of Sale shall bind the successors and assigns of all bidders and Buyers and inure to the benefit of Auctioneer’s successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind Auctioneer unless specifically stated in writing signed by Auctioneer. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
11. BIDDING. Auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Items which do not meet Reserve Price, if any, may be passed, or offered at the Reserve Price regardless of previous bids acknowledged up to that point.
12. CONSIGNORS. Pursuant to the laws of the Commonwealth of Pennsylvania CONSIGNORS MAY NOT BID ON THEIR OWN MERCHANDISE NOR MAY ANY AGENT ON THEIR BEHALF. If Auctioneer recognizes such bidding or is advised of same, Auctioneer reserves the right to withdraw any or all merchandise consigned by the offending consignor, without exception. Additionally, Auctioneer may offer such merchandise to the previous bidder at his or her last Good-Faith Bid.
13. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale Auctioneer may accept bids at our own discretion by telephone or absentee bid which is done only after contacting Auctioneer of such. An Absentee Bid must be received and credit approved in advance of sale date. Auctioneer assumes NO responsibility for failure to execute telephone, left, or website/online bids for any reason whatsoever.
For Auctions in which Online Bidding has been enabled, Bidders may leave online Absentee Bids, including “Maximum Bids” (the Highest bid amount a Bidder is willing to pay for an item). The online platform will then place bids up to and including the Maximum Bid price on Bidder’s behalf in accordance with Auctioneer’s bid increments for that lot. Unless otherwise instructed by the Bidder to use absentee bid as a “Knockout Price” Auctioneer will not use the Maximum Bid or percentage thereof as a starting bid for any lot and will only use accept Bidder’s Maximum Bid when it has been incrementally achieved. Instead, Auctioneer will solicit bids in the Customary manner, accepting the Online Absentee Bidder’s Maximum Bid or portion thereof once the asking bid to the floor is at or incrementally above the current asking price.
In the event that a floor bid or other Live Bid is entered at the same time and in the same amount as an Absentee bid, Auctioneer may, at his sole discretion accept the Live bid first. In the event that an absentee bid does not conform to the current bidding increments being used on a particular lot, Auctioneer reserves the right , at his sole discretion, to ignore such “off-increment” bids, even if such bid is higher than the current bid price.
14. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Pennsylvania State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms unless otherwise specified. Dealers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter of agency as well as an original signed copy of the dealers Federal Firearms License (FFL).
Auctioneer makes no warranties or representations whatsoever and no employee or consultant of Auctioneer has the authority to do otherwise, concerning the operation of firing condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at Auction is entirely at the user’s risk. Auctioneer offers for sale the lots as “collector” lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Auctioneer expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
15. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of purchased goods.
16. SHIPPING. All items are packed and shipped via United States Postal Service (USPS). All items may be insured at the Auctioneer's discretion. If, in the opinion of the auctioneer, such insurance is deemed necessary, such insurance is mandatory, unless Auctioneer receives written waiver of insurance from the buyer. In the event that buyer provides written notification of insurance waiver, the buyer forfeits any and all recourse against the Seller or Auctioneer for any items lost, stolen, converted, damaged, or otherwise made undeliverable or unusable to the buyer. Auctioneer is not liable for any acts of omission in packaging or shipping. Purchased lots handled by outside carriers or packers including those Auctioneer may have recommended may carry their own insurance and any claims for losses or damages should be addressed directly to them.
Auctioneer will arrange for packing and shipping at earliest possible convenience. Due to high volume of absentee bids shipping can take up to two weeks after full payment is received to ensure that all items are properly protected for transit. In the case of crating or any exceptional packaging, Buyer will be charged the cost from an outside agent. Buyer pays shipping, packing materials, and insurance charges. In the event of loss or damage during shipment, buyer assumes all liability in pursuing any insurance or other claims against carrier and holds harmless Auctioneer and Seller, both Jointly and Severally.
17. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD “AS IS”. CHRISTOPHER NOON, AUCTIONEER NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST’S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY AUCTIONEER. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AUCTIONEER BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
18. LOTTING. Auctioneer reserves the right to lot items in any manner he may deem appropriate or necessary, including but not limited to, the combining of lots into one larger group, offering lots by 'choice,' or offering lots 'times the money' regardless of any pre-existing absentee or pre-bids that may have been left or placed on individual lots. In the event that lot type changes during the sale, bidder authorizes auctioneer or his agents to bid up to and including the maximum pre-bid on lot type on bidder's behalf.
19. COMMUNICATION. Bidder agrees to accept future communications regarding changes to sale or catalog, notice of upcoming sales or events, and other such notices as deemed necessary or appropriate by the auctioneer including, but not limited to phone, email or other mailing list, or social media.
20. AUCTION DAY. Any statements made by the Auctioneer during the Auction with regards to merchandise condition, quality, or availability or with regards to the manner in which sale shall be conducted supersede any previous statements made by the auctioneer, auctioneer's staff, employees, agents, or affiliates, expressly or implicitly, in any catalog, addenda or marketing in either written or verbal form.
22. ACCEPTANCE. By accepting a Paddle Number and/or by placing a bid in our auctions, Bidder agrees to all terms and conditions of sale above, and agrees to be bound by said terms and to abide by all rules set forth for sale. Failure to comply with terms of sale may result in forfeiture of all bids, cancellation of transactions, and/or banishment from sale and all future sales.
