Conditions of Sale
The following Terms and Conditions of Sale represent an agreement between Schultz Auctioneers, representing its consignors, and the bidder regarding any items being sold. Bidding on an item indicates your understanding and acceptance of the following Terms and Conditions.
Bidding Information/Online Registration Requirements
Schultz Auctioneers runs live and online auctions, at times concurrently. All purchases represent a contract of sale between the winning bidder and Schultz Auctioneers. Arrangements can be made to bid on your behalf as an absentee bidder or to execute phone bids. Phone bids are offered for a minimum bid per item on a first-come, first-served basis and must be arranged at least 48 hours before the start of the auction. All absentee and telephone bidders are required to register online, to provide & verify their information including a credit card and agreeing to our terms. Schultz Auctioneers makes every effort to execute all bids. Schultz Auctioneers cannot be held responsible for missed bids or failure to execute your bid. Schultz Auctioneers cannot be held responsible for internet issues or outages as it may affect an auction. At Schultz Auctioneer's discretion, we reserve the right to not accept a bid or to withdraw an item for any reason. The buyer will be the highest bidder as acknowledged by the auctioneer, who has sole discretion. Any dispute over the auction process is decided solely by Schultz Auctioneers and will be deemed final and binding. It is the sole responsibility of the bidder, particularly regarding online bidding, to pay careful attention to the process. Schultz Auctioneers will not refund or rescind a sale in which the winning bidder claims to have won a bid mistakenly or unintentionally.
Registration online is for a specific auction only. You must register for each day individually you wish to bid online. Schultz Auctioneers has the authority to approve or deny an individual for bidding at their auctions. All online registrations must be filled out completely with your current address and with a valid credit card. In addition to the requirements, Schultz Auctioneers may require an individual to submit a Proof of ID or valid credit card prior to the auction to be accepted for bidding in person. Non-paying bidders or bidders that do not abide by these terms will not be allowed to bid at future auctions and may jeopardize their ability to participate in future auctions.
Guarantees
There are no warranties of any kind, including but not limited to representations of age, origin, condition, restoration, dimensions, authenticity, provenance, or authorship. Any condition reports, artist, authorship that are part of an item's description are the opinion only of Schultz Auctioneers and do not represent facts or guarantees that may substitute for research and inspection of items by the bidder. Schultz Auctioneers makes every effort to describe items being auctioned accurately, however written and oral descriptions should in no way be considered a guarantee or accurate. Items auctioned are not new. There are inherent imperfections in old and antique items. Any estimates listed with auction items are solely based upon an approximation of the range within which an item may sell for, as determined by Schultz Auctioneers, and in no way represents the value or selling price of those items. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items, or that you have chosen not to examine them. We encourage in-person inspection as well as questions or requests for additional information or images. Schultz Auctioneers will not be held responsible for any errors or omissions pertaining to items listed in the catalog. It is the sole responsibility of the bidder to inspect an item prior to bidding to determine size, condition, authenticity and whether there has been restoration or repair. All items are sold as-is, where-is. We do not accept returns and do not give refunds. All sales are final.
Firearms & Ammo
You must be 18 years of age or order to purchase a firearm and 21 years of age or older to purchase a handgun. Semi-Automatic Rifles cannot be sold to a NY State resident unless they are 21 years of age and have semi-automatic rifle endorsement on their pistol permit. If picking up firearms in house, background checks will be conducted and will require a valid form of identification. If purchasing firearms out of state or any firearms that needs to be shipped must be shipped to another valid FFL dealer. Ammunition cannot be shipped to the following states unless shipping to an FFL dealer, New York, California, Illinois, Massachusetts, New Jersey, & Washington DC. It is the buyer's responsibility to know the laws of their state and will be responsible for their purchase regardless. There is a fee for in house background checks.
AGAIN: NO RETURNS BASED ON CONDITION: All lots are selling as is, an item may be missing something or altered from its original state, have damage, etc. We suggest hands-on examination. All lots are sold AS IS and there will be NO RETURNS for any reason. The printed conditions and descriptions in the catalog are OPINION ONLY without legal obligation. The items sold are often of considerable age and will exhibit wear, usage and damage often NOT LISTED IN THE CATALOG ENTRY. Subsequently, if a prospective buyer, or buyers agent, has not examined the property to their satisfaction before the auction and prospective buyer is successful, buyer understands and agrees to these terms. Prospective buyers are in ALL CASES responsible for determining the physical condition, age and any other information important to them in making their decision to bid on lots offered. This disclaimer applies to any condition or descriptions given over the phone or emailed as well. The absence of a condition report does not imply there are no condition issues with the lot. Please inquire for a detailed condition report.
Payment Terms
Payment for purchases must be received within 3 consecutive days of the auction. If you are mailing a check, sending a wire or paying when you pickup in person please let us know immediately by emailing [email protected] or call the auction house at 716-407-3125.
If you would like to pay with credit card, please let us know and we can send you a link to pay online through Schultz Auctioneers Square Account. Payment through Invaluable can only be made by ACH Transfer.
We accept payment in cash, check, wire transfer and credit cards. Payments made using credit cards are assessed an additional fee of 3% of the purchase price, which includes the hammer price, buyer's premium and sales tax if applicable.
**IMPORTANT** Any Commodities such as Gold, Silver, Coins, & Jewelry OR Any Invoices $5000 and Over MUST BE PAID BY CASH, Cashiers Check, CHECK, OR WIRE TRANSFER. Credit Cards will NOT be accepted for these items.
If paying with credit card, we will only ship to the billing address on the card - No Exceptions
Any fees associated with wire transfers will be the responsibility of the buyer. Checks should be made out to Schultz Auctioneers and mailed to: Schultz Auctioneers 11177 Main Street Clarence, NY 14031. Checks will be held for 7-10 business days or longer until payment has cleared then your items will be released. Please note, even if the funds are removed from your account that does not mean they were deposited in our account.
*Firearms cannot be paid through the Invaluable credit card processor and must be paid to Schultz Auctioneers directly.
*All sales are subject to sales tax unless the buyer holds a valid tax exempt/resale certificate.
*A 5% monthly interest rate will incur on all unpaid invoices after 30 days, in addition to storage fees.
ALL SALES ARE FINAL.
Shipping Terms
Schultz Auctioneers provides In-House shipping for most items.
Buyers are responsible for all costs associated with packing, shipping, and handling, including any necessary insurance. A 3% surcharge will apply if shipping costs are paid via credit card.
All items valued at $1,000 or more will be shipped with signature confirmation required upon delivery to ensure safe receipt.
Once Schultz Auctioneers shipping team has invoiced you for shipping you must pay this within 72 hours. This insures your items can be shipped & received within the insurance coverage. Schultz Auctioneers reserves the right to forward your item to an outside shipper if the item is too large or fragile. You can also pick up your items in person or arrange your own shipping. Schultz Auctioneers will assist with finding a 3rd party for delivery if requested.
In-House Shipping charges are not determined until AFTER your merchandise invoices are paid for. You will be billed separately for shipping charges. There will be a 3% Surcharge if paying with credit card. Items won will be shipped within 2-3 weeks after payment is received and/or payment is cleared. Once Schultz Auctioneers shipping team has invoiced you for shipping you must pay this within 72 hours. This insures your items can be shipped & received within the insurance coverage. If a claim is denied for any reason, Schultz Auctioneers is not responsible to pay. If you need your items sooner - please arrange your own shipping or pick up.
If paying with credit card, we will only ship to the billing address on the card - No Exceptions
Our staff will not be available to help move heavy items. Auction items will not be released unless they are fully paid for and payment has cleared. If payment is made by an out of state check, items will be held 7-10 business days minimum before an item is released for shipping. Please note funds may have been removed from your account but that does not mean they have been deposited into our account at the same time.
Items can be picked up in person or by a shipper at 11177 Main Street Clarence NY 14031 - BY CONFIRMED APPOINTMENT ONLY. Please contact the auction house 24 hours in advance to make an appointment. Pickup can be scheduled for Monday through Friday between 9am - 4pm beginning the Monday after the date of the auction. Please note that all first-time buyers that wish to pick items up in person must pay with cash. We DO NOT accept out of state checks for immediate pick up unless the check has been mailed and cleared before pickup. If you have any questions regarding shipping contact Schultz Auctioneers by email [email protected]
Purchased items that have been paid for but not picked up or shipped from our auction facility within 2 weeks of the auction will be charged a minimum storage fee rate of $5 per day per lot.
Storage fees and late fees must be paid before items are released. There are no exceptions. Items not picked up within 30 days of the auction date will be considered in default and become the property of Schultz Auctioneers. ***
Condition Terms
There are no warranties of any kind, including but not limited to representations of age, origin, condition, restoration, dimensions, authenticity, provenance, or authorship. Any condition reports, artist, authorship that are part of an item's description are the opinion only of Schultz Auctioneers and do not represent facts or guarantees that may substitute for research and inspection of items by the bidder. Schultz Auctioneers makes every effort to describe items being auctioned accurately, however written and oral descriptions should in no way be considered a guarantee or accurate. Items auctioned are not new. There are inherent imperfections in old and antique items. Any estimates listed with auction items are solely based upon an approximation of the range within which an item may sell for, as determined by Schultz Auctioneers, and in no way represents the value or selling price of those items. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items, or that you have chosen not to examine them. We encourage in-person inspection as well as questions or requests for additional information or images. Schultz Auctioneers will not be held responsible for any errors or omissions pertaining to items listed in the catalog. It is the sole responsibility of the bidder to inspect an item prior to bidding to determine size, condition, authenticity and whether there has been restoration or repair. All items are sold as-is, where-is. We do not accept returns and do not give refunds. All sales are final.
AGAIN: NO RETURNS BASED ON CONDITION: All lots are selling as is, an item may be missing something or altered from its original state, have damage, etc. We suggest hands-on examination. All lots are sold AS IS and there will be NO RETURNS for any reason. The printed conditions and descriptions in the catalog are OPINION ONLY without legal obligation. The items sold are often of considerable age and will exhibit wear, usage and damage often NOT LISTED IN THE CATALOG ENTRY. Subsequently, if a prospective buyer, or buyers agent, has not examined the property to their satisfaction before the auction and prospective buyer is successful, buyer understands and agrees to these terms. Prospective buyers are in ALL CASES responsible for determining the physical condition, age and any other information important to them in making their decision to bid on lots offered. This disclaimer applies to any condition or descriptions given over the phone or emailed as well. The absence of a condition report does not imply there are no condition issues with the lot. Please inquire for a detailed condition report.
Buyers Premium
Buyer's Premium
A buyer's premium of 25% will be added to the hammer prices for lots purchased through Invaluable. **Sales tax and credit card fee, and processing fees, if applicable, are added to the hammer price and, along with the buyer's premium, constitutes the total final purchase price.
Taxes
All sales are subject to New York sales tax unless the buyer holds a valid tax exempt/resale certificate (from any state) and submits a signed and dated State of New York Resale Form with their tax-exempt information prior to release of the purchases, even for tax exempt bidders who will be having their items shipped out of state. We do not collect sales tax on items shipped to other states unless a particular state's sales tax nexus has been met. Sales to out-of-state buyers without a resale certificate, that are picked up by the buyer's representative, will be charged New York sales tax unless the representative is a licensed commercial shipper and provides a Bill of Lading with their DOT # at the time of pick up. If paying through Live Payments on Live Auctioneers or Invaluable, you must upload your valid tax exemption certificate to your online account to ensure your purchases are not subject to sales tax.
