Auction Terms & Conditions
By registering and bidding on any item, the bidder/buyer shows acceptance of the following terms and conditions. Do not register or bid unless you agree to all of the terms and conditions:
All information provided by bidder/buyer during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Rowley's Auction Service, LLC. at its sole discretion, may deny registration to any person or entity.
All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections and errors. Rowley's Auction Service, LLC. and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Rowley's Auction Service, LLC. encourages all bidders to inspect lots in person before bidding. Rowley's Auction Service, LLC. has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Term and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Rowley's Auction Service, LLC. URGES YOU TO NOT BID.
CONDUCT OF THE AUCTION:
Conduct of the auction and increments of bidding are at the direction and discretion of Rowley's Auction Service, LLC. Rowley's Auction Service, LLC. reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. WE ACT ONLY AS AGENTS FOR THE SELLER. Sellers or their agents reserve the right to bid on their own behalf to protect their investment(s). Sale on all items is subject to seller approval. Auction company reserves the right to confirm the sale with the seller, and bid on behalf of the seller, if necessary. Items may have reserves that may or may not be noted. All decisions of Rowley's Auction Service, LLC. are final.
When you place your maximum bid, the current bid price doesn't automatically jump to your max bid. Your bid will go to the next highest increment and will be increase as other people bid against you. The computer will automatically bid up to your max in the increments specified. By placing any bids you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or max bid amount of any bids placed. The buyer agrees and is responsible for every bid amount placed. Remember, Rowley's Auction Service, LLC or anybody for that matter DO NOT force you to place any bid, you and you alone are responsible for your actions. Please bid accordingly.
When you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.
BUYER'S PREMIUM AND SALES TAX:
Unless a specific auction states otherwise, a 13% buyer's premium will be charged on all items and lots. Every bidder/buyer pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item at the auction you will be charged $113 for the item on your auction invoice. Please take this into consideration when bidding. In addition, there will be an discount of 3% buyer's Premium for Bidders who chose to pay via cash or check. 6% MI Sales Tax applies. (Coins & Currency are Sales Tax Exempt) (Farm Use and Sales Tax Exempt will need to fill out an Exemption Form).
All high bids from individuals (Non FFL Dealers) on firearms will be required to complete a NICS Background Check unless buyer holds a valid CPL during time of checkout. There will be a $5.00 processing fee for EACH firearm through Rowley's Auction Service, LLC. to complete final purchase. Please bring either a trigger lock or a gun case for each gun that you purchase. If you do not have a trigger lock or gun case, you can purchase one from Rowley’s Auction Service for $5.00 at the time of checkout. FFL Dealers will need to bring a copy of their FFL license and driver's license upon purchase.
COINS & CURRENCY TERMS & CONDITIONS:
All of the certified coins that have been graded and certified by any independent grading companies: PCGS, NGC, ANACS, NNC, PCI, DGS, etc. Grading of any coins is subjective and may differ among independent grading services and among numismatists, even though grading has a material effect on the value of the coins. Rowley's Auction Service is not responsible for the grades assigned and makes no warranty or representation regarding such grades. Rowley's Auction Service encourages all bidders to inspect lots in person before bidding. Due diligence is the responsibility of the bidder/buyer.
Beginning at the stated closing time, the auction software will conclude bidding for one lot every few seconds in catalog order with the following exception: if a bid is placed in the last five (5) minutes remaining for that auction lot, bidding for that lot will automatically extend the auction for additional five (5) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group. An e-mail of invoice will be sent to the winning bidder/buyer of each auction after auction has completely closed.
All buyers must pay for their purchases in full within the scheduled removal dates after auction ending. Rowley's Auction Service, LLC. accepts the following forms of payment: Cash, Major Credit Cards, PayPal, Cashier's Check, Personal or Company Checks. Any checks valued of $1,000.00 or more, items will be held by Auction Company until check clears, unless know by the auctioneers. All out of state checks must be accompanied by an irrevocable Bank Letter of Guarantee, unless know by the auctioneers. Merchandise becomes the full responsibility of the bidder/buyer at time of payment and the bidder/buyer assumes all risk of loss and damage to property at that time.
All successful bids must be picked up within scheduled removal dates of that specific auction unless other arrangements have been made. No items can be removed until Rowley's Auction Service, LLC. has received and acknowledged payment in full. Any items not picked up by scheduled removal dates (for that specific auction), there will be a $3 per day storage fee starting after removal dates. Rowley's Auction Service, LLC. will hold purchases for 5 business days. After the 5 business days have expired you will forfeit all items of ownership back to seller/consignor. Rowley's Auction Service, LLC. reserves the right to resell any property not paid for in full by the conclusion of the stated removal period. Buyers are responsible for rigging, loading, and removal of all items purchased without assistance from Rowley's Auction Service, LLC.
Rowley's Auction Service does NOT provide a shipping service. If you require shipping services please contact The UPS Store in Imlay City MI at 810-724-2200 to make arrangements. It is the bidder's responsibility to take shipping and handlings & insurance costs into consideration when bidding on items.
Firearms shipped are legally required to be shipped to an ATF licensed FFL dealer within your state of residence for transfer and pickup. You will be responsible for all shipping and transfer costs incurred.
SUSPENSION / PERMANENT BAN:
A bidder/buyer will be suspended or permanently banned from Rowley's Auction Service, LLC. Online Auctions for providing false or fraudulent information when registering. A bidder/buyer will be permanently banned from Rowley's Auction Service, LLC. Online Auctions for failing to honor the "REMOVAL" terms made under that bidder/buyer registration.
In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Rowley's Auction Service, LLC. reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Rowley's Auction Service, LLC. shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Rowley's Auction Service, LLC. has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, and emergencies.
BEFORE THE AUCTION:
You may attend pre-sale viewing for all of our auctions. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly. You may also request condition reports (see below). Rowley's Auction Service, LLC. staff are available at viewings and by contact.
Office - (810) 724-4035
Auction Staff - (810) 417-2065
Email - [email protected]
Or, [email protected]
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.