Conditions of Sale
UNIFORM AUCTION CONTRACT
THE FOREGOING ARE THE TERMS AGREEMENTS;
These are the terms of auction conduct for all auctions conducted by DANGELCO Dwight Angel Companies including all activities of all divisions; Dba's, Brands and Trademarks; including any live and online internet auctions; including all live and online auction sites.
FEDERAL FIREARMS LICENSED DEALER;
Dwight Angel is a federal firearms licensed dealer.
FLORIDA LICENSED AUCTIONEER & AUCTION BUSINESS;
Our auctioneer license number is AU4267. Dwight Angel Auctioneer.
Our auction business license number is AB3729.
BIDDER AGREEMENT
1. Bidder(s) agrees that the auctioneer and/or the auction company reserves the right to accept and/or reject any bid and/or bidder(s) participation in any auction. The auctioneer and/or auction business may cancel and/or terminate any participant's participation and/or membership at will and/or in the best interest of bidders, sellers, and/or the auction and/or auction business, in any auction, either live or online.
RIGHTS TO CANCEL, POSTPONE OR RESCHEDULE AN AUCTION RESERVED
1.a. Bidder(s) and consignor(s)(s) agree that the auctioneer may cancel, postpone or re-schedule any auction at will, without penalty for doing so.
BIDDER(S) MUST BE ABLE TO FORM A LEGAL CONTRACT
2. Bidder(s) must be legally able to participate to form a contract in their place of residence.
BIDDER(S) BILLING ADDRESS & INFORMATION REQUIRED TO REGISTER
3. Bidder(s) must have a bill to name, address, telephone number, e-mail address and drivers license or state issued id to register for our auctions.
BIDDER(S) AGREE TO BE PLACED ON EMAIL MAILING
LIST WHEN REGISTERING AND/OR PLACING A BID AT AUCTION
3.a. Bidder(s) agree to have their email address placed on the auctioneer/auction business mailing list for up-coming auction announcements when they register.
BIDDER(S) AGREE ALL GOODS ARE SOLD "AS IS"
4. Bidder(s) agrees that terms of sales are "AS IS" - "WHERE IS", NO RETURNS, NO CANCELLATIONS.
BIDDERS(S) MUST BE OF LEGAL AGE TO FORM A CONTRACT
5. Bidder(s) must be of legal age in the bidder(s) residence jurisdiction.
BIDDER(S) AGREE NOT TO BID IF POSSESSION OF AN ITEM IS PROHIBITED
5.a. Bidder(s) agree not to bid on any item that is prohibited where they reside.
5.c. Bidder(s) agree not to bid on any item that is prohibited for the bidder to possess in their state, region or country to lawfully possess.
BIDDER(S) AGREE NOT TO BID ON FIREARMS IF POSSESSION IS PROHIBITED
5.d. Bidder(s) agree not to place bids on firearms if it is illegal for the bidder to acquire or possess a firearm.
FEDERAL FIREARMS LICENSEE FOR SHIPPING OF FIREARMS REQUIRED
5.e. Bidder(s) confirm they have arranged and or secured an agreement with a federal firearms licensee that will receive a firearm(s) won at auction in their behalf. Bidder(s) agree no monies paid for a winning bid shall be refundable in event the bidder fails to arrange a firearm federal licensee to ship firearms to, within thirty days from close of sale and such failure shall constitute default under this contract. After a 5 days grace period from close of auction, secure storage of any firearm stored awaiting the designation of a firearm ship to licensee, shall result in a $5.00 per day, per firearm, storage charge, not to exceed 30 days from the date of close of auction . Designation of a ship to federal licensee can only be made via e mail to: [email protected].
LIVE FIREARM AUCTIONS BEING SOLD BY A FEDERAL FIREARMS LICENSED DEALER
5.f. When firearms are offered at ESTATE SALES OR LIVE AUCTIONS, the bidder(s) agree;
1) Bidders must be residents of Florida to acquire handguns and a three day wait applies unless a valid Florida Concealed Weapons License is presented by the bidder;
2) Bidders must receive approval to purchase firearms from FDLE for handguns and long guns purchased at auction;
3) Bidders who are residents of states that touch Florida may purchase long guns only at auction and must receive FDLE approval to purchase long guns at auctions.
4) All buyers must complete US ATF Firearm Purchase Forms.
FIREARMS SOLD AT LIVE ESTATE AUCTIONS OR BY INDIVIDUALS WHO BRING GUNS TO THE AUCTION ON AUCTION DAY FOR AUCTION (WHEN SELLERS RETAIN POSSESSION UNTIL THE FIREARM SALES)
5.g. Auctioneer acts as agent for seller only,
1) No federal paperwork is completed by auction business,
2) No FDLE call in approval applicable.
3) Firearm is being sold directly to purchaser by the owner.
BIDDER(S) AGREEMENT TO PAY FOR ITEMS WON AT BID
6. We have contracted with AuctionZip to bill customer's credit cards through AuctionZip. When you are billed via AuctionZip in our behalf you agree to submit payment.
In event AuctionZip payment processing is not available;
Bidder(s) agree to use one of the following to pay for their winning bids, by selecting one of the following options; Paypal, Stripe, Credit Card, Check or Money Order. In event a self checkout method is not utilized bidder(s) agrees to pay the Square invoice we email the bidder, if other payment choices are not utilized.
BIDDER(S) AGREE TO CREDIT CARD CHARGES
6.a. Bidder(s) agree that winning bids may be charged to any credit card the bidder(s) have placed on file with the auctioneer/auction business/auction platform provider. ALL ONLINE AUCTIONS REQUIRE A VALID CHARGE TO CREDIT CARD.
6.b. Shipping charges are billed separately from winning invoices.
Shipping is billed at actual shipping costs plus;
$2.50 per box handling, packing and bubble wrapping charge,
firearm long boxes for shipping cost $15.00 each box.
BIDDER(S) AGREE ALL SALES ARE FINAL
7. Bidder(s) agrees all sales are final and may not be cancelled, revoked or ignored by the bidder.
BIDDER(S) AGREE TO PAY INVOICES IN 24 HOURS
8. Bidder(s) agrees to pay any online auction invoice(s) upon receipt. In event an invoice is not paid withing 24 hours of the ending date of the auction, all rights to purchase the item for the bid amount may be terminated at will of the auction business.
BIDDER(S) MEMBERSHIP REVOCATION
9. Bidder failure to pay for an item will result in bidder authorization of membership being cancelled and/or revoked.
NO CLAIMS AGAINST PROPERTY FOR AUCTION /OWNERS OF PROPERTY
10. Consignor(s) affirm they are the lawful owners of all consigned merchandise and no liens, claims and/or encumbrances exist on the property being consigned whatsoever.
STOLEN PROPERTY CHECKS ON CONSIGNED PROPERTY
10.a. All serial numbered property is entered into the Florida Crime Information Center. This database contains Florida stolen property information as reported to the Florida Department of Law Enforcement by law enforcement agencies throughout the state and authorized for release to the public. Any item which returns a want and/or is reported stolen, will be turned over to the Gadsden County Sheriff Department.
AUCTIONEER LIMITATIONS OF LOSSES DISCLAIMER
10.b. In event any item is seized and/or turned over to law enforcement due to stolen property claims, the consignor(s) shall incur complete and total losses and the auctioneer and/or auction business shall in no manner be liable for any loss.
10.c. In event of fire, theft, man made disasters or acts of God, the auctioneer, auction business and/or Dwight Angel, and/or DANGELCO Dwight Angel Companies, SHALL NOT be held liable for damages or loss, including economic loss and/or all other types of loss which may take place. The consignor and or bidder agrees to provide sufficient insurance for the consignor and/or bidder interest in any property offered for auction, or held in storage for either a consignor and/or bidder.
10.D. At any live auction bidder(s) agree that they alone are responsible for their winning bids which are made on their bid number and agree to be totally responsible for safeguarding their property once an item is won at auction.
AUCTION VENUE
11. The jurisdiction/venue of this auction is located exclusively in Gadsden County, Florida and all bidder(s), consignor(s) and/or visitor(s) agree the venue shall not be subject to change.
NOTICE OF CONSIGNOR(S) TERMS
12. Consignor(s) agree to all of the terms and conditions of auction when consigning an item(s) to the auction business.
BUYER'S PREMIUM
12.a. Consignor(s) agree that the Buyer's Premium is collected for the auction house or auction business, and it is an earned commission charged when selling any item for sale at auction. Consignor(s) agree the buyer's premium is earned income of the auction house. The buyer's premium is set at 20%. If an buyer pays by cash or money order the buyer's premium is reduced to 15%.
BIDDER(S) AND/OR CONSIGNOR(S) ACCEPT TOTAL RESPONSIBILITY
12.b. Bidder(s) and Consignor(s) hold harmless the auctioneer, auction business and/or auction house in any action, claim, suit or legal action, which may arise from selling merchandise at auction, accepting the auction terms of "AS IS", "Where Is", without guarantee or warranty.
12.c. Bidder(s) and consignor(s) accept all risk related to purchasing and/or selling auction items.
12.d. Bidder(s) agree to obtain owners manuals and/or obtain any training required to safely operate any item purchased at auction.
12.e. Bidder(s) and Consignor(s) agree that there is no warranty whatsoever on items sold at auction.
12.f. Bidder(s) agree to hold harmless the Auctioneer and/or Auction Business in event a product supplier is unable to furnish an auction item and/or an auction item is broken, damaged or lost, and in such event, the bidder payment for the item will be refunded with shipping charges included, and no other auction, penalty or remedy shall be available to the original winning bidder, it is agreed.
SHIPPING OF AUCTION GOODS
13. Bidder(s) agree that shipping of goods will be accomplished via the US Postal Service flat rate boxes when item shipping is permitted under post office rules. Bidder(s) agree that UPS will be used when shipping of any item(s) is prohibited by US Postal Service rules.
Bidder(s) agree to pay set post office flat rates when indicated in an items auction listing or pay total shipping charges for items combined using flat rate mail.
Boxes shipped include a $2.50 per box handling charge for labor, packing and bubble wrap materials.
Bidder(s) agree that shipping will be billed separately when items are being combined in US Postal Service flat rate boxes.
INSURANCE REQUIREMENTS
14. Bidder(s) agree that item contents shipped by the auction house will be insured to protect against damage, loss or theft, at the amount paid for the items at auction, unless specifically instructed in an email not to insure items at the price paid at auction for the boxed contents. Shipping insurance is an included part of the shipping bill. Winning bidder(s) agree to have items shipped to the address on their drivers license unless an e mail is sent instructing us otherwise.
14.a. When items are too big to ship by Postal Service boxes or boxes that are reasonably available to the auction house, the winning bidder(s) agrees to arrange for item pickup, crating and shipping themselves, at the winning bidder(s) expense.
LIABILITY/INSURANCE
14.a. The auction business and/or auctioneer shall incur no liability whatsoever in event any item is damaged or lost in transit during shipping and the ship to bidder(s) agree all claims shall exist solely against the shipping carrier who handled the item during shipping. All insurance claims must be file by the bidder(s) who suffered damage or loss.
NO REFUNDS FOR ABANDONED PROPERTY
15. No bidder(s) item payments shall be refundable in event the winning bidder(s) abandons an item (s) and/or refuses to pay for and/or arrange for shipping, when shipping is declined by the consignor(s)/seller(s) due to size or other prohibitions.
15.a. Bidder(s) agree to forfeit all rights to property, including any monies paid, in event the winning bidder(s) fails to make appropriate arrangements and payments for shipping of over sized items within thirty (30) days of close of auction.
15.b. Any item may be declared abandon by the auction business if an item is not paid for in full, including buyer's premium, tax and shipping costs within 24 hours of close of auction, and/or,
15.b.1. the bidder(s) fails to make proper arrangement for shipping of items within 30 days of close of auction, and/or,
15.b.2. in event any item remains in the auction house past thirty (30) days from close of auction.
FIREARMS SOLD AT ONLINE AUCTIONS
16. Firearms are sold to US citizens only and are shipped within the United States only.
16.a. Online firearms auctions are shipped to a federal firearms licensee only.
16.b. Only federal licensed firearms dealers may ship a firearm across a state line or to any person, unless a firearm owner is shipping a gun to a federal licensed dealer, and the shipping must be sent by Federal Express of UPS.
16.c. Only the actual purchaser of a firearm may receive the firearm, no straw purchaser is permitted.
16.d. When a bidder(s) wins a firearm at auction, he/she must furnish a ship to firearms license copy of the federal firearms dealer license to [email protected] within five (5) days of close of auction.
16.e. Any bidder(s) of a firearm must provide payment within 24 hours of close of auction.
16.f. After five (5) days from auction close, if a ship to federal firearms licensed dealer license copy has not been submitted to [email protected] the firearm will be placed in secure storage at the rate of five ($5.00) per day in storage until a federal firearms licensed dealer copy is provided by email, not to exceed 30 days in storage in totality.
16.g. PROVIDED no firearm shall be stored after thirty (30) days from close of auction and on the 31st day from close of auction, if no federal firearms licensed dealer copy has been received the winning bidder(s) shall FORFEIT all monies and fees, and loose any rights to the firearm, by virtute of BIDDER(S) DEFAULT, which is agreed to by the bidder(s).
BIDDER(s) AND/OR CONSIGNORS AGREEMENT TO THESE TERMS AND CONDITIONS CONTAINED HEREIN AND NO VERBAL STATEMENTS SHALL APPLY TO THIS CONTRACT WHATSOEVER
17. Bidder(s) and/or Consignor(s) agree to these terms of auction by registering, bidding and/or participating in any auction.
BIDDER(S) CONCERNS
18. Bidder(s) may direct any concerns, disputes or questions an e mail: [email protected].
VALIDITY OF CONTRACT
19. Any section or provision of this contract determined to be invalid by a court of competent jurisdiction shall not invalidate other sections or provisions contained herein.
VENUE OF CONTRACT
20. The venue of this contract shall be designated in Gadsden County, Florida and the Gadsden County, Florida Court jurisdiction.
THE COMPLETE AUCTION CONTRACT/AGREEMENT
21. These terms numbered 1-21 shall consist of the complete and total auction contract, terms and provisions, and no verbal statements whatsoever shall apply to this contract. Bidder(s) and consignor(s) are in full agreement to these terms as indicated by placing a bid or listing an item at auction.
IF YOU ARE NOT IN COMPLETE AGREEMENT TO THESE TERMS, DO NOT USE THIS WEBSITE AND/OR PARTICIPATE IN ANY AUCTIONS CONDUCTED BY DANGELCO DWIGHT ANGEL COMPANIES INCLUDING ANY AND/OR ALL ACTIONS OF ALL DIVISIONS, DBA'S, BRANDS AND TRADEMARKS.
IF YOU ARE NOT IN TOTAL AGREEMENT TO THESE TERMS,
DO NOT REGISTER, DO NOT PLACE A BID, DO NOT LIST ANY ITEM FOR AUCTION.
Copyright 2018, All Rights Reserved.
Conditions of Goods
All goods specified as new, are new, sold as is.
All goods not specified as new are used goods, sold as is.
Action terms, all goods sold as is, no returns, no cancellations.
Shipping Terms
Allow 10 working days for shipping completion, from the date payment is received.
Shipping is actual cost to ship billed as shipping once the item(s) are shipped. We combine shipping and use Postal Service flat rate boxes when possible. All boxes shipped are charged a $2.50 handling charge.
We charge $ 2.50 per box shipped handling fee.
Long guns require a $15.00 special shipping box.
Buyer's Premium 20%
20% Buyer's Premium
Winning Bid Payment
When an auction closes please submit payment for auction winnings!
Bidder cards may be charged 4 days after an invoice has been sent
We accept money orders and credit cards via Square Payments. Our business name on Square is Midway Auction House and our e mail at square is [email protected].
We accept Paypal. Our business name is [email protected]
Shipping is actual cost to ship billed as shipping once the item(s) are shipped. We combine shipping and use Postal Service flat rate boxes when possible. All boxes shipped are charged a $2.50 handling charge.
Florida Resident Taxes
Florida residents pay 7.5% sales tax. Buyer's premium is taxed.
