Auction Terms & Conditions
The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Lilly’s Inc. dba Lilly Auction & Gallery, (“Lilly’s”), and any consignor of such property for whom we act as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale.
TERMS AND CONDITIONS OF SALE
Auction Terms & Conditions
The following as amended by any posted notices constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Lilly’s Inc. dba Lilly Auction & Gallery, (“Lilly’s”), and any consignor of such property for whom we act as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale.
TERMS AND CONDITIONS OF SALE
1. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Lilly’s attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 704-821-9951. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. We do not give refunds! All sales are final!
2. All property is sold “AS IS, WHERE IS” and neither Lilly’s nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
3. ATF LAWS APPLIES to All Guns unless Antique or Black Powder.
ALL FIREARMS ARE SOLD 'AS IS'. SINCE MANY FIREARMS ARE OF CONSIDERABLE AGE, LILLY AUCTION & GALLERY STRONGLY SUGGESTS THAT ALL FIREARMS BE EXAMINED BY AN AUTHORIZED PROFESSIONAL GUN SMITH BEFORE USING OR FIRING. LILLY AUCTION & GALLERY IS NOT LIABLE OR RESPONSIBILE FOR THE WORKING CONDITION OR WRONG DESCRIPTION OF ANY FIREARM. LILLY AUCTION & GALLERY IS HELD HARMLESS FOR ANY MIS-FIRE OR ANY MECHANICAL OPERATION OF ANY FIREARM.
If you are purchasing a firearm that requires an FFL or C&R and you do not have one, we can transfer the gun to a firearms dealer of your choice. We will transfer and ship the firearm to them, and they will then transfer it to you. Any charges for this service (which may include a background check) are between you and the dealer. If you come to Lilly’s in person to pick up your purchase(s), we can transfer a long gun to you directly. Handguns can only be transferred to North Carolina residents.
ATF form 4473 will be filled out for all Firearms, unless Transferring to another FFL Dealer. If purchasing a Handgun you must have a permit to purchase a Handgun from your county in North Carolina or a Conceal Carry Permit from North Carolina. All others must have there handguns shipped to a FFL Dealer. If you purchase a non-antique firearm we will ship your firearm(s) to an FFL holder near your location who will then do the transfer to you. We can assist with locating an FFL in your area if needed. Long Guns maybe picked up after filling out and approval of form 4473. You may also pickup your long guns after filling out form 4473 and delivering a handgun permit or conceal permit.
4. There will be a $10 processing fee per Gun. (NO SHIPPING OF ANY AMMO!!!)
5. There will be a buyer’s premium of 20% added to the hammer price of each lot and it will be considered part of the total purchase price. All purchases will be subject to an 6.75% North Carolina sales tax unless you have a Sales Tax Exemption number certificate. Lilly’s must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions!
N.C. Gen. Stat 105-164.3(237) defines "sales price", in part, as the total amount or consideration for which an item is sold, leased, or rented"
A buyer's premium charged by an auctioneer, who meets the definition of a retailer, is part of the sales price and is subject to the applicable rate of sales & use tas imposed on taxable items being sold on the internet or at public auctions.
6. PAYMENT – We accept American Express, Visa, MasterCard, or Discover cards.
IF YOUR CREDIT CARD RAN IS A MISMATCH, YOU WILL BE REQUIRED TO SEND A COPY OF A DRIVER'S LICENSE OR GOVERNMENT PHOTO ID AND A COPY OF THE CREDIT CARD THAT MATCHES THE PHOTO ID. YOUR ITEM WILL NOT BE RELEASED UNTIL THIS PROCESS IS COMPLETE. YOU WILL ALSO BE REQUIRED TO SIGN THE RECEIPT AND RETURN TO LILLY'S.
8. SHIPPING – It is the buyer’s responsibility to pay for shipping. Lilly’s will be packing all Guns and help with, or arranging / shipping other items won on the Internet. A third-party shipper maybe used. Lilly's does not pack anything breakable; it is outsourced to a third party.
Please contact Lilly’s at 704 821 9951 for specific instructions on packing or method of shipping.
Our shipper will be adding a signature confirmation to all items shipped, unless otherwise stated from buyer. A $10.00 fee will be added to the packing and shipping cost for a transport fee to local shipper. If furniture is bought, the buyer is responsible for the shipping, and will have 15 days to remove the item or a storage fee will be enforced of $10.00 per day. If the item is not removed in 30 days, it will become property of Lilly’s and will be resold.
If your item(s) are damaged or lost, the buyer must file the claim with the post office, fed ex or ups. Lillys will NOT be responsible in any way.
OUR PREFERRED SHIPPER IS: Indian Trail Pack n' Post 598 Indian Trail Rd S Indian Trail, NC 28079 704-234-0310 info@citpacknpost.com or UPS Indian Trail, NC 704-882-6796 or store5924@theupsstore.com. Please allow 2-3 weeks on your items being shipped. If the above shipper or any other that may be used; Lilly's is NOT responsible for the items that are in their care, so DO NOT EVEN call Lilly's because we will refer you back to the shipper that was used. These shippers are not related to Lilly's at ALL.
9. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
10. Lilly’s reserves the right to withdraw any lot at any time before the auction without liability.
11. Items left 7 days after the close of the Auction will incur a $10 a day storage fee and after 30 days may be sold and proceeds will be applied to storPICKING UP ITEMS: If you do not pick up your item(s) on the day(s) that are clearly stated, and you come after that and the item(s) are broken or missing, Lilly's will not be responsible and you will NOT be refunded.age fee.
12. A range of estimates may be given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.
13. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Lilly’s at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
14. Lilly’s, cannot be held liable for internet bids that are not sent, received, or executed by the administrator. If you are bidding live, real-time please bid quickly because there is a time delay in receiving live bids, or if you have left bids on-line, In the unlikely, event that we lose our internet connection or have Server / Host Provider Failure, Lilly’s reserves the right in its sole and absolute discretion to continue, to cancel or restart part of or the entire Auction over.
15. Some lots may be offered with a “reserve” which is the minimum price below which the lot will not be sold. Lilly’s may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneer may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. In some event the reserve may be the low estimate.
16. If for any reason you want to cancel a bid or have it removed at a minimum you will be charged 10% of your bid amount.
Gerald R. Lilly NCAL #7526, NCFL #8270
