Conditions of Sale
AUCTION TERMS AND CONDITIONS: VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID! ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE TERMS AND CONDITIONS. ALL ITEMS ARE SOLD AS IS WHERE IS. All property is sold "AS IS", and ALL SALES ARE FINAL, there are no returns, exchanges, or refunds. Bidder waves their right to a charge back, and agrees that they will not charge back any credit purchase from any credit card of any kind.
PLEASE READ CAREFULLY All property is sold "AS IS WHERE IS", and ALL SALES ARE FINAL. All Bidders who are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. This includes box lots - there may be damage to item in the box lots that are not described - they are AS IS. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Descriptions are believed to be correct but not guaranteed. Auctioneer may attempt to describe the merchandise in advertising, on the Internet and at the auction In no event shall Monday Night Auction, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose or as to value, we do not guarantee authenticity of items, including but no limited to designer named purses, watches, jewelry, ect. Bidder agrees that everything is sold as is and that they may not return any item they purchase once it has left the auction house. Please call or email for more information on an item prior to bidding. Bidder shall be the sole judge of value. Using YOUR own personal knowledge and experience, form your own opinion of the items and bid accordingly. If any doubt, DO NOT BID. THERE IS NO INSPECTION PERIOD OF ANY KIND ONCE THE ITEM(S) IS PURCHASED AND RECEIVED. This is a real AUCTION and the majority of these item(s) are from estate - the estates are paid and the sale is final. Monday Night Auction reserves the right to withdraw or re-catalog items in this auction.
PLEASE NOTE: The auction house is not responsible for missed bids. The Auction house is not responsible for your internet connection - speed or delay - Your bid is binding there is NO INTERNET ERROR on your bidding if you win or lose.
The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalog (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is Where Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalog, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalog or made at the sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs. Bidder agrees that this agreement shall be governed by the laws of the state of Arizona and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Arizona.
FIREARMS: We are an FFL dealer, so all federal and state firearm laws govern every aspect of these online auctions and any infractions will be immediately reported to local law enforcement agencies and the ATF. You must be 18 to purchase rifles or shotguns and 21 to purchase a handgun. You must be age 18 to purchase long gun ammunition and age 21 or older to purchase handgun ammunition. You are responsible for knowing if your state bars a certain type of firearm/ammo/accessory from being shipped to you. If you purchase an item that cannot be shipped to your state, we will auction this item at the next auction and mail you a check minus the consignment fee. Know your state/federal firearms laws BEFORE bidding. Note also that we DO NOT under any circumstances pay, nor are we responsible for any fees associated with your hometown FFL - that is between you and your FFL dealer. No exceptions.
" BIDDERS of FIREARMS: Read the descriptions of each firearm and view photos carefully and if you have questions call us.
1.) The Auctioneer reserves the right to refuse service to any person. All announcements made day of auction take precedence over any written statements.
2.) Contract: Your bid is a contract. Bidder agrees that this agreement shall be governed by the laws of the state of Arizona and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Arizona. Bidder agrees that this agreement shall be governed by the laws of the state of Arizona and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Arizona.
3.) On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility.
4.) By bidding at this Auction you have read and agree to these Terms & Conditions.
BUYER PREMIUM
For Absentee and Internet Bidders the buyer's premium of 18% will be added to the hammer price of each item sold at auction, this includes the 3% Auctionzip Live Fee. If you are bidding live at the auction the buyer premium is still only 10% - that is an 8% saving by bidding live in house only. Only live bidders will be offered free Popcorn.
Credit Card Information
OUT OF STATE : You must use your Credit Card Billing address. We will call you the morning after the auction if we do not have your card on file. You may call us or email us with your Credit card information. The faster this is completed the faster we will be able to pack and get your item to you
BIDDING
Auctioneer will not be held responsible for errors or unexecuted bids.
PLEASE NOTE: The auction house is not responsible for missed bids. The Auction house is not responsible for your internet connection - speed or delay - Your bid is binding there is NO INTERNET ERROR on your bidding if you win or lose.
Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalog. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction. If it states you are the winning bidder and in fact you are not the winning bidder or the item is not on your invoice then you did not win the item. Please contact Auctionzip for full explanation on why.
PAYMENTS
AUCTIONZIP NO LONGER SHOWS THE AUCTION HOUSE YOUR CREDIT CARD NUMBER
We will be calling you on Monday to retrieve your information to get your invoice paid and start packing you items.
We accept Cash, Visa, Discover, and MasterCard credit / debit cards. your Credit Card Statement will show MONDAY NIGHT AUCTION LLC as the company charging. It will not reference Auctionzip or Auctionlive anywhere.
WE DO NOT ACCEPT PAYPAL - nor do we invoice thru Paypal. ALSO NO CHECKS, Money Orders, Cashier Checks.
IN STATE : You will receive an email invoice by the end of the auction. Buyer agrees to make payment no later than 5pm on Tuesday. All sales are final, NO CHARGE BACKS! Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment.
OUT OF STATE: If you are out of state - You will receive an invoice immediatley after both auctions are over. We will call you on Monday to retrieve your Credit Card information. You will receive a second invoice with the addition shipping handling charge and your card will be billed the addition after it is pack and ready to ship. All sales are final, NO CHARGE BACKS!
So please be available so we may retrieve your information as we will not be able to process your items until the initial invoice is paid. YOU will only have until 5:00pm on Tuesday to pay for you winning bids.
Failure to pay for winning bids (in or out of state) will result in online bidding privileges being removed permanently.
For instate bidders - There will be a $5.00 Storage fee applied to all lots left after 5:00pm on Tuesday following the auction, whether paid for not, in the auction house. If items are left for more than 2 weeks bidder will forfeit all rights and items will be resold with no compensation to bidder.
If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property without notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges.
SHIPPING TERMS
Shipping charges will be billed on a second invoice once the items are packed - NO EXEMPTIONS. Shipping charges will be billed to the credit card on file immediately after the second invoice is sent -we only ship to the verified billing address. This is for your protection as well s ours. For outside of Metro Phoenix area and surrounding towns we will ship most items. We use USPS for shipping only - Fragile items will go priority mail, no excepts. The glass and frame may need to be removed from some pieces prior to shipping, If our shipping department deems this to be necessary.
If you wish to use your own shipping company let us know prior to us sending you the second invoice
1.) $5.00 per Box handling fee plus actual shipping charges and insurance. Unless you have a large item, box lot or set of china, then handling will be adjusted to the amount of packing material used.
2.) Any item to large to go USPS and extremely fragile items will not be shipped - you must make your own arrangements for shipping and notify us by 3pm the day after the auction.
3.) Quoted shipping prices are not negotiable. Auction house will combine shipping on multiple items when possible to give best possible shipping price. We document the contents of each package. If we have missed an item in your shipment our documentation will show that. Please notify us within 2 business days of receiving the package if you think something is not included. If our documentation shows it was not packed we will forward it immediately at our cost. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box or packing material if you think something is missing or damaged.
4.) If shipping charges are not paid for within 2 weeks of the auction you will forfeit all rights to item(s) and they will be resold for storage.
AUCTION HOUSE WILL NOT SHIP LARGER ITEMS-LOCAL PICKUP OR BUYER MUST MAKE THEIR OWN ARRANGEMENTS. This includes but not limited to items such as lighting, large pictures, Appliances, furniture, pallet lots, vehicles or any item too large to go USPS or UPS
State Sales Tax
The State of Arizona Sales Tax is computed on this total purchase price. The purchaser will be required to pay Arizona Sales Tax unless exempted through possession of a valid State of Arizona Sales Tax Resale Number on file with us or is an Out of State Buyer
