Auction Terms & Conditions Agreement (Updated 3-1-19)
By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.
Inspection, Assumption of Risk and Disclaimer of Warranties
Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW.
Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others.
Agreement Not to Dispute Credit Card Charges
Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge.
Governing Law and Venue
This Agreement and the rights of the Parties shall be governed by and construed in accordance with the laws of the State of Arizona without the application of any conflict of law principles that would require or permit the application of the laws of any other jurisdiction. Any action at law or judicial proceeding instituted by any Party relating to this Agreement shall be instituted and maintained only in the state or federal courts in Maricopa County, Arizona.
1. EVERYTHING MUST BE PAID FOR IN FULL ON THE DAY OF THE AUCTION REGARDLESS OF WHEN IT IS PICKED UP. ITEMS NOT PICKED UP WITHIN 30 DAYS WILL BE FORFEITED (INCLUDING ANY AND ALL MONIES PAID FOR THE ITEM OR ITEMS). Items which have been left unpaid and not picked up within 7 days will become property of the auction house and resold at our discretion.
2. Everything will be sold "as is, where is", with no guarantees of any kind, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Statements on Certificate(s) Of Authenticity, Grading Certificates, Valuation Certificates, Certificates of Appraisal, Gemological Lab Reports, and the like (collectively referred to herein as COA) are the opinion of the company or entity which issued the COA, and not those of Pot Of Gold Estate Liquidations, LLC. The information contained on the COA is added to the written descriptions of items solely as an attempt to fully disclose any information accompanying the item, and in no way constitutes a guarantee of the validity of the information on the COA. It is the sole responsibility of the bidder to verify the claims made on said COA before placing any bids on that item. When placing bids on item(s) accompanied by COA(s) it is the sole responsibility of the bidder to research the company or entity which issued the COA and base bidding activity on the strength of the reputation of the company which issued the COA(s). No refunds will be given due to disputes over the validity of information contained on COA(s).
3. Grading and authentication is not an exact science, and it is possible that two people do not always grade or evaluate the same item alike. Any stated grade or condition or estimated value represents the opinion of the third-party professional whose opinion is quoted in the item(s) description. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. Absolutely no exceptions will be made regarding this policy. Given the opinionative nature of autograph authentication, autographed items which are accompanied by the Third Party Authentication(s) listed with a lot represents the opinion of the third-party professional, and no further warranties or guarantees of opinion from outside authenticators, or so-called "experts", is being implied or guaranteed in any way. LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion on their level of satisfaction of authenticity PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot.
4. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid. Therefore, he is advised to further guard his items at his own discretion.
5. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. In accordance with Federal Law every gun purchase must be approved via a background check. It is the responsibility of the purchaser to be aware of his or her ability to pass a federal NICS check. It is the responsibility of the interstate purchaser to be aware of the laws of their state regarding the legality of receiving any item, and for providing us with a receiving FFL Dealer in the bidder's locale. Due to Federal Regulations we unable to sell any firearm-related merchandise outside of the United States.
7. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller.
8. 13% buyers fee will be added to invoice.
9. Shipping charges are: exact cost, we generally ship via USPS and FedEx, shipping costs start at $7.50 depending on weight, size, and distance as the shippers' fee schedules dictate. Additionally, every package is insured based on invoice value, plus $7.50 for packing material and handling, as well as $2.25 for signature confirmation. Guns will be shipped for a flat rate of $35.00 each + $7.50 handling, and insurance, unless special packaging or shipping instructions are required.
Packing and shipping of large items and hard-to-pack items will be handled by Westside Mail Center. You will pay Westside Mail Center for shipping charges. Please feel free to reach out to them if you have any questions about approximate shipping charges. Let them know you are calling about Pot of Gold Auctions and reference the auction date and lot numbers.
As before, all shipping and handling charges are to be paid by the bidder and all packages must include insurance and a signature confirmation for your protection.
Westside Mail Center
IT IS THE RESPONSIBILITY OF THE BIDDER TO VERIFY AND CONFIRM THE SHIPPING ADDRESS AS IT APPEARS ON EACH INVOICE (Found in the Sold To section of each invoice).
10. ON-LINE ABSENTEE BIDS ARE ACCEPTED UP UNTIL 1 HOUR BEFORE THE LIVE AUCTION BEGINS. These bids are NOT THE FINAL RESULT. Absentee bids become part of the live bidding action during the auction and are entered by a Proxy Bidder who acts on behalf of the absentee bidder. (Note: The exception of any ON-LINE ONLY auctions, which have NO LIVE PORTION.)
11. Invoice totals for Out-of-state Bidders and Non-Local Bidders will be charged to the credit card on-file on the night of the auction, and at a rate of 13% Buyer's Premium.
12. This clause pertains to consignments. Occasionally consignors will bring items that we ultimately are unable to sell due to condition or value. When that occurs, consignors agree, as spelled out here in Clause #12 in our Terms and Conditions, to pick up items within seven days of notification (usually via email) by Pot Of Gold Estate Liquidations, LLC, or else those items will be forfeited, to be disposed of at our discretion.