Auction Terms & Conditions
Poulin Auction Firearms Buyer Terms & Conditions - Please Read
1. DESCRIPTIONS: We have attempted to make a consistent effort in cataloging and correctly describing the property to be sold. Should the need arise we will make verbal corrections and provide additional information at the time of sale. A correction to the printed material that is announced by the auctioneer during the auction takes precedence over printed descriptions.
The printed catalog descriptions carry a limited guarantee. It is a limited guarantee to protect you against major discrepancies that would have a major effect upon the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value. Several examples: If we call a Colt a Winchester. Or If we state the firearm is in original finish and it has been re-blued. Percent estimate of finish is an opinion and may vary from individual to individual, so would not qualify.
Not every item included in this auction has been completely disassembled to verify internal components origins. However, if we have made the statement that the item is "all matching" or "internal numbers match", we guarantee that this information is accurate. If an items description does not list the status of the internal components we do not guarantee that they are original or matching or that they are period. If you would like additional information concerning internal components of a firearm that does not mention the internal components in the description please contact us at 207-453-2114 and a consultant will be happy to assist you at their earliest availability.
This limited guarantee is limited to what you paid for the item from us and not what you expect to get if you should have sold it.
Note: It is the sole responsibility of the purchaser to satisfy themselves on the age, authenticity, condition, description and value of each lot before bidding. This includes all bidders whether they be here at the live auction, absentee, phone or internet bidders.
1A. FOR PURCHASERS WHO HAVE ITEMS SHIPPED TO THEM. Should there be a major discrepancy as listed in Item 1 above, a refund may be arranged and the buyer would need to make arrangements for the return within 18 business days of the auction date. Because consignor's payments are sent out on the 20th business day after the auction, ANY REQUESTS MADE FOR A REFUND AFTER 18 BUSINESS DAYS OF THE AUCTION WILL NOT BE CONSIDERED. Please pay promptly to insure that you have time to inspect your purchases. If we do not have all of your payment, paperwork or credit card information for the items to be shipped by the 10th business day after the auction you could be jeopardizing your ability to qualify for a refund. Shipments can take 1-2 weeks from the time we receive the entirety of your required payment & paperwork to process and ship due to the volume of clientele that we are processing after the auction. We are not responsible for any liability with the descriptions if we have not received everything that we need to complete the transaction in time for the items to be shipped to you. NO PARTIAL REFUNDS.
1B. FOR LIVE BIDDERS. It is expected that you have examined the items before you purchased them and that as you pick them up, you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the auction facility. Also, Please check to make sure all components to your lots are there. All possibility of a refund is null & void once you have left our facility with the item(s).
2. WE AT POULIN'S ANTIQUES & AUCTIONS, INC. WOULD LIKE TO MAKE YOUR BIDDING EXPERIENCE AS PLEASANT AS POSSIBLE. Whether you are bidding live, absentee or by phone. We ask that before you bid in any manner that you satisfy all your questions, so that you may feel confident in placing your bids with us. All the items we offer have been pre-owned, loved, handled & used. Keeping this in mind, we suggest you call us with your inquiries. Please call prior to the first day to the auction, at least 48 hours or sooner, to get any questions and/or damage reports available on the items that you are interested in.
3. THE AUCTIONEER IS THE SOLE DETERMINANT AS TO WHO IS THE SUCCESSFUL BIDDER and at his discretion may re-offer and resell the article if a dispute arises. Auctioneer's sale recording shall be conclusive as to who was the successful purchaser and the purchase price. If there is no apparent interest in an item (1/3 of catalog low estimate) or an appreciable opening bid, (when no catalog is printed), the item will be passed from the block by the Auctioneer and will not be re-offered again until possibly a later date.
4. A 5.5% SALES TAX must be charged to all successful bidders.
* Maine residents who do not present a valid ANNUAL RESALE CERTIFICATE at the time of registration will have to pay the 5.5% sales tax. NO EXCEPTIONS.
* Under Maine law, items to be shipped within Maine will have the tax applied.
* If you reside in the state of Maine, but maintain an out of state tax number, you must pay sales tax. This is Maine law.
* Out of State residents. If you are not a Maine resident, we require a copy of your sales tax certificate accompanied with an affidavit (proof of your business, such as business check or card, etc.). Items shipped to out of state residents will not be charged tax.
5. A BUYERS PREMIUM OF 17.5% will be applied to all property sold to be paid by the buyer as part of the purchase price and is therefore subject to applicable state sales tax. A 2.5% discount will be given to those paying by Cash, Wire Transfer, Bank check or pre-approved check.
5A. ARTFACT, PROXIBID, INVALUABLE & AUCTION ZIP BIDDERS. These are bidding services that are provided by separate companies that hosts our auctions live. They charge us a significant fee to upload to their platforms. They charge 3% to the buyer who utilizes their services. This amount is added into your Buyers Premium on your invoice.
6. AUCTION STAFF MAY BID COMPETITIVELY ON ITEMS OFFERED FOR THEIR OWN PURPOSES. Occasionally an item may carry a conservative reserve. Therefore the auctioneer retains the right to bid on behalf of the owner. We will tell you if an item carries a reserve should you inquire.
7. NAMES OF CONSIGNORS ARE CONSIDERED CONFIDENTIAL and will not be given out unless we have prior approval from the consignor to do so or if auctioneer deems necessary.
8. PAYMENT: All items are to be paid for in American Funds the day of the sale. We accept Cash, pre-approved checks, Visa, MC, American Express, Discover & wire transfers. All items must be paid for in full before being removed from our facility. All fees associated with the cost of a wire transfer or bank check are those of the purchaser.
* Must have valid drivers license when paying by charge cards & checks.
* Checks are to be pre-approved by auctioneer prior to the auction (at least 2 business days before auction, NOT the day of the auction). A letter of reference from your bank is recommended to those who have never done business with us before. The auctioneer reserves the right to hold merchandise purchased by checks that have not been pre-approved, until we can see that the check has cleared the bank. It is our policy to hold merchandise on all first time buyers until check has cleared the bank. Our bank has recommended 10 business days. This enables the check to clear the bank & if it does not, then it gives them the time to notify us via mail.
* There will be a $25 fee charged for all returned checks.
* Third party checks are not accepted.
Note: Delay in payment, means delay in shipment to you. Delay in shipment to you could mean you lose all possibility of a return, so please make a prompt payment. Speediest form of payment is Credit Cards or Bank Checks. Personal or Business checks from first time buyers will hold the shipment up for 10 business days until checks have cleared the bank. This could jeopardize the warranties of the descriptions if the shipment exceeds 18 business days.
9. OUT OF COUNTRY BUYERS.
9A. Payment must be in the form of either Wire transfers or Checks drawn on United States Banks. Credit cards are only accepted for the shipping process, NOT for payment. All fees associated with the use of a wire transfer is the responsibility of the purchaser. This includes the $25 fee that Poulin Antiques & Auctions, Inc. is charged by their bank for the international wire transfer.
9B. The payment by wire transfer or bank check qualifies the purchaser for a 2.5% deduction on their Buyers Premium.
9C. All firearms (this includes all antiques, curios or modern firearms), plus edged weapons & any item that has a portion of an animal (ivory, etc..) must go through either an exporter or another FFL dealer that supplies this service. We, Poulin Antiques & Auctions, Inc., will not ship any of these items out of the country without the use of an exporter.
NON-FIREARMS AGENT: If you are registering or executing a bid for someone else, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you're executing or registering for pays you or not. We do not accept third party checks.
FIREARMS AGENT: You must have an agents letter registered with us before bidding on behalf of someone else on a Modern or Curio firearm.
According to the ATF lawyer in Boston - If you are representing some other FFL as an agent you must have the following to qualify:
1/ You must have a letter from the FFL Holder you are representing.
2/ Your agent letter must be on the company's letterhead.
3/ Must be typed.
4/ Must be signed by the FFL Holder.
5/ Must be accompanied by a copy of the FFL.
6/ Must state that you are an employee for the FFL Holder.
7/ Must be dated.
Please Note: If you do not have a "completed" letter with ALL of the above requirements you will not be able to represent another FFL Holder in this capacity.
11. TITLE. A title passes upon the fall of the auctioneer's hammer or when announced as sold by the auctioneer.
* The auctioneer is the sole determinant as to who is the successful winning bidder.
* It is then the responsibility of the buyer to make full payment prior to removing the items from the premises.
* It is both the buyer's risk and expense for removal and must be made at the conclusion of the sale unless other arrangements are made with Poulins Antiques & Auctions, Inc. All items to be packaged by the purchaser, unless the items are to be shipped.
* If an item(s) cannot be removed on sale date, storage may be arranged for an agreed amount of time. A fee of $25 a month - per item will be charged for any item(s) being left in our facility longer than 30 days from auction date. ALL ITEM(S) left will be at purchaser risk, Poulin Antiques & Auctions, Inc. is not liable for any damage or loss occurring during storage on behalf of the purchaser. Items will not be released to the purchaser until all storage fees and any other balance due to Poulin Antiques & Auctions, Inc. is paid in full. Fees continue until the balance has been paid in full.
* IF CONTACT CANNOT BE MADE WITH THE BUYER TO MAKE ARRANGMENTS FOR PAYMENT AND SHIPPING WITHIN 15 BUSINESS DAYS AFTER THE AUCTION THE AUCTIONEER RESERVES THE RIGHT TO OFFER THE ITEM TO THE UNDERBIDDER.
12. THE BUYER IS RESPONSIBLE TO HAVE FULL KNOWLEDGE AS TO WHETHER THE ITEM THEY ARE BIDDING ON IS LEGAL FOR THEM TO POSSESS OR IMPORT INTO THEIR RESIDENT STATE OR COUNTRY. If a buyer purchases an item that is either illegal to possess in their resident state or will not be cleared through customs the buyer is responsible for the purchase and will not be issued a refund. The item determined illegal in their resident state or country will be offered in the next auction and a sellers commission and restocking fee will be deducted from the proceeds of the sale of the item(s) resold on behalf of the purchaser.
NOTE: Poulin Antiques and Auctions Inc. will not change the name or amount on an invoice, or alter any paperwork in any manner for any item.
13. WITHDRAWALS. We reserve the right to withdraw any property before the sale and shall have no liability for such withdrawal.
14. ABSENTEE & PHONE BIDS ARE ACCEPTED AT POULIN'S. Absentee bidding is a free service we provide to our customers. Bidding on items shows that you agree with all terms & conditions of bidding.
* We accept Absentee & Phone bids with the condition that bids are written clearly and that a lot number & brief description of each lot is written out. (I.E.: Lot 101 - Colt Woodsman Revolver - $850.00.).It is necessary that this format is followed to be sure that we can check for accidental errors that are made by the absentee bidders with an incorrectly written lot number resulting in the purchase or bidding on an incorrect lot. PLEASE NOTE: IF A BIDDER MISIDENTIFIES A LOT NUMBER OR ITEM THAT THEY ARE INTERESTED IN BIDDING ON RESULTING IN THE PURCHASE OF THE LOT(S) IT IS THE RESPONSIBILITY OF THE BUYER TO PAY FOR THE PURCHASE EVEN THOUGH HE MADE AN ERROR WHEN BIDDING ON THE LOT(S). Poulin Antiques & Auctions, Inc. is not responsible for these errors with absentee bids.
* Poulin's Antiques & Auctions, Inc. shall not be held responsible for any failure to properly execute an absentee or phone bid whether it be due to equipment failure, lack of description on bid form, clerical error, loss of connection or failure to hear or understand the bidder's directions, etc..
* Absentee & Phone bidders must review their bids for correctness prior to submitting their bid(s). If you supply an email address, when the bids are processed here, you will then be sent a copy of your processed bids. Please review this and determine if any corrections should be made. Notify us immediately with any corrections or changes you may have. Poulin Antiques & Auctions, Inc. will not be responsible for errors in absentee bids.
* At times we may make a verbal correction from the block at the time of sale. In this case absentee bids left on an item will be considered void unless we can confer with the bidder prior to the item being sold.
* All absentee and phone bids must be accompanied by a credit card for 20% deposit on bids placed.
* Invoices will be emailed out within 24 hours of the end of the final auction day.
* NOTE: If for any reason the invoice and any shipping and handling fees are not paid within 18 business days of the auction date the credit card will be charged the full purchase amount due to Poulin Antiques & Auctions, Inc. By placing absentee bids, phone bids, internet bids or registering for live bidding in person you are authorizing Poulin Antiques & Auctions, Inc. to charge the card provided for any purchases made and any fees that are associated with the purchase including but not limited to shipping, handling, insurance & storage.
Disclaimer: Any advice or opinions provided by Poulin's Antiques & Auctions, Inc. or its employees are given strictly as a courtesy and are not a warranty of condition, authenticity, age, attribution or description of said property.
14A. ABSENTEE BIDDING:
* Absentee bids must be in by the start of the auction. Please try to get them in at least by 5:00 PM EST the day prior to auction. If you wait and place your bids just moments prior to the start of the auction we do not guarantee that your bids will get placed.
* We do not accept + 1 bids.
* We accept bids that end in 0 or 5 only. Bids that are placed in amounts such as $501.00 or $500.01 will be lowered to the closest amount ending in 0 or 5.We will never raise a bid higher without permission from the bidder.
* A staff member will competitively bid for the absentee bidder. We let the audience start the bidding unless there is more than one bid at the book. If there is more than one bid then the bidding will be started above the under bidders. Example: We have a bid for $1500 and one @ $3000. The bidding will then start at $1600 and will then be bid competitively to the limit the absentee bidder set. For this reason it is possible that an absentee bidder may get their item for much less than what they bid. In the case of two bids being the same amount the bidding will start at that amount and the winner shall be the person who left the bid first.
* Please note: Being the first ABSENTEE BIDDER does not guarantee that you will be the winning bidder if the floor, phone or internet bidding ties during the live auction. The auctioneer is the sole determinant as to who is the successful bidder. The date and time that you submit a bid only determines the winning bidder between two absentee bidders with the same amount.
* We do our best to execute all bids correctly, however, errors are made at times. In the event of an error of omission or failure to properly execute a bid, the auctioneer shall not be held liable.
* All left bids are considered confidential, and as such the names of the absentee bidders and the bid amounts will not be given out.
* Please call prior (at least 48 hours) to the 1st day of the auction to get any info or damage reports pertaining to the items.
* We will not accept a bid that does not have an amount associated with it. We have had people on occasion tell us to buy the lot for them no matter what it goes for. We suggest that you place a bid substantially higher than the estimate and what you would be comfortable in paying for it. We do not want to be responsible for your personal choice of amount.
14B. PHONE BIDDING:
*Phone bidding is allowed, when available, only under pre-arranged conditions determined by and discussed with the auctioneer prior to the auction.
* All requests for phone bidding must be made before 5:00 PM EST, prior to day of the auctions. The closer to the sale we get the less likely a phone line will be available.
* NO PHONE BIDS WILL BE ACCEPTED ON THE DAY OF THE AUCTION. At this point we will only accept absentee bids.
* All bidding by telephone is solely at the risk of the bidder.
* We do not accept phone bidding from out of the Continental USA.
* We reserve the right to reject bids on items that we feel may be too difficult to explain by phone.
* To be a Phone Bidder you must be willing to start an item for 1/2 of the low catalog estimate or $100.00, whichever is the greater.
* Please note: The employee calling you may be calling from a personal cell phone not belonging to Poulins. Because of this it may not show on your caller ID as Poulins Antiques & Auctions, Inc. Please do not attempt to contact the telephone line that has contacted you for phone bidding services, they will not answer. If you have any questions during and after the auction, please contact 207-453-2114 or fax 207-453-2192 to reach an office staff member.
* Also Please Note: Please call in advance (at least 48 hours) of the auction if you need conditions or descriptions of the items. Staff members who are calling to handle your phone bids will not be able to answer questions pertaining to condition or description during the auction.
* The staff member that will be on the phone with you during the auction will be very busy concentrating on the current lot, so as not to miss your item that you are interested in. EMPLOYEES ARE DISCOURAGED FROM DICUSSIONS DURING THIS TIME SO THAT THEY DO NOT MISS THE ITEM YOU ARE INTERESTED IN. Any discussion that takes place can & has interfered with customers bidding in the past. Our employees will be polite and talk to you, but please keep in mind that this could cause them to lose track of your item and consequently miss your bid. We would not want that to happen, so we have asked our employees to keep all conversations extremely brief.
* If you would like to add another lot to your bidding, we will TRY to accommodate you but regrettably may not be able to because of other bids that are already arranged in our system & because of time constraints.
* Phone Bidding Procedure: An appointed staff member will confidentially bid for the Phone bidder. (Note: There are limited phone lines available). An employee will identify themselves to you and explain that the Phone bidding will commence when the live floor bidding starts to slow a bit. It is simply moving too quickly to ask for an amount when bids are flying. They will then tell you the amount the auctioneer is looking for. Please answer quickly, loudly & clearly either YES or NO. It can be difficult to hear over the auctioneer so speak loudly. Once done the employee should then Thank you for participating and explain that someone will be calling, emailing or mailing you an invoice after all the days of the auction is done. They will then exit fairly quickly unless you have another bid that will take place within the next 5 items. We apologize if the quick exit seems to insult you in any way, but the employee will be responsible for other phone calls and also will not know the answers to payment, shipping or who will be handling your other bids if any. That is not their role.
* Cover Me Bids: To help insure that you don't miss out on an object, some people like to place a cover me bid at the time they make phone bid arrangements. No system is perfect and sometimes it is impossible, for one reason or another to get through to the client on the telephone. A "Cover Me Bid" is a bid left only with your phone agent. If he/she cannot get through to you on the phone, they will bid up to that amount on your behalf. The only way they execute this bid is if they cannot get through to you.
* Stop Point Bids: A staff member will contact you within 3-5 items prior to the item that you are interested in bidding on. We ask that you consider a "Stop Point". This is a designated amount you wish the staff member to bid up to on this item for you. Because of the noise level that occurs during an auction, this creates less confusion on the phones for us and our customers. Once they reach this "Stop Point" amount they will then query you for the next desired amount that the auctioneer is asking for. You can then bid higher or stop if you so desire.
15. INTERNET BIDDING: Live internet bidding is available with Auctionzip.com, Invaluable.com or Proxibid.com. These are separate companies that are not owned by Poulin Antiques & Auctions, Inc.
* You must submit a credit card with them when signing up to bid. These card numbers are not supplied to us. You will have to contact our office if successful and submit your credit card information to us.
* These are bidding services that are provided by separate companies that host our auctions live. They charge 3% to the buyer who utilizes their services. This charge will be included in your invoice Buyers Premium.
* Review all lots that you are interested at least 24 hours prior to the auction. Sometimes we find a "change" in condition or listing. We cannot notify each person individually, so what we do is remove the photo and place a statement "No bids accepted online. Please call office to place bids."
* Please Note: These online platforms tell you when you are the highest absentee bidder. This is only within their platform. Invaluable & Proxibid do not share bid information and so they do not compare your bids with each other or with bids that we have taken in. If they tell you that you are the highest bidder that is only within their platform, not others.
* IMPORTANT ALL LIVE INTERNET BIDDERS MUST READ THIS DISCLAIMER: Live internet bidding is a fast paced process and can be very fun. However, problems can arise during the process that can result in a purchase or bid being accidently enacted by the buyer or some entity. This could be that your internet/computer speed or a lag in the connection may cause your computer to slow and then all of a sudden the computer may catch back up causing the bidding to "jump" to a level that you are unprepared to bid. It could also be that your cat, dog, 2 year old or Martians from a far distant planet in a galaxy far, far away enacted a bid that you were not prepared to place. No matter the reason that may come up it is the responsibility of the bidder to pay for the purchase regardless of the reason. The bidder must log in with their personal log information and in doing so understands the risks that they are taking by participating in live internet bidding and agrees to pay for any and all purchases. Any bids placed by your identity is your responsibility.
* If you place absentee bids on these platforms do not ask us to change or void these bids. We do not have control of your accounts within these platforms and so do not have control of your bids. You must change them yourself within your account. If you are having difficulty with this process please contact the platforms that you are participating with for assistance. I believe that all changes must be done 48 hours in advance of the auction start. Check your platform to make sure of the time frame and how to make changes when necessary.
16. NOTIFICATION OF SUCCESS: Only successful bidders are contacted. To expedite the process we ask that you fill out and send in the "Payment & Shipping" Forms as well as the copy of the FFL or C&R that you intend to use along with your bid sheets. If you are paying by Credit Card for your purchase, please make sure you check the appropriate box for this or remark somewhere on your bid sheet that we are to charge your card for purchases as well as your shipment. If you have done this and included all your paperwork for your items, then your invoice will go right to shipping and be at the "TOP" of the shipping list. Otherwise successful bidders will be notified in one of the following manners:
A. If an email address is provided we will email your invoice along with the shipping and payment forms for you to fill in. These will be sent to everyone even if you have already supplied it with your bids. I apologize, but the computer program does not distinguish between who has supplied the necessary info and who has not. So all successful bidders get these.
B. If no email then if a fax number is provided we will fax your invoice along with the shipping and payment forms for you to fill in.
C. If no email or fax number provided, then an invoice will be mailed to the address you provided. This makes for a slow transaction which can lead to an expiration of any possible guarantee on the items you purchase.
17. INTEREST &?DEFAULT: Payment is expected immediately following the sale. Any items not paid for within 18 business days of the auction, Poulin's Antiques & Auctions, Inc. retain the right & will charge the buyers credit card for the total amount due. Interest will be charged on all balances not paid at the rate of 1 1/2% monthly ( 18% APR) effective 18 days from the date of purchase/auction. Should the buyer not comply with any of the Terms & Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales as well as any legal or collection fees incurred. Poulin Antiques & Auctions, Inc. shall hold any money deposited in partial payment on account of any liability of the defaulted item.
18. PHONE INQUIRIES REGARDING YOUR SUCCESS CANNOT BE ANSWERED UNTIL THE THIRD BUSINESS DAY AFTER THE FINAL AUCTION DAY. PLEASE DO NOT ATTEMPT TO CALL US IN THE 2 DAYS FOLLOWING THE AUCTION. I apologize, but we have a large volume of customers that are here picking up merchandise on these days and all our personnel are handling them so consequently they are not able to answer the phones.
19. SHIPPING: We do not attempt to make money on shipping but neither do we wish to lose money on shipping. Following is our shipping policy and shipping/handling & insurance charges.
* $5.00 per box used in your shipment. No charge if it is a free box supplied by the carrier. (We do not carry all box sizes from these carriers, only generally sized ones).
* $15.00 for hard cases. These are usually used for items that have sold for $2000 or more. Or upon request.
* Handling charges: Handguns $5.00 per gun. Longarms $10.00 per gun. Misc. items & larger Class III items will vary depending on material used and time it takes to package. Labor rate is $30.00 an hour on these other items.
*Insurance: Charged at the rate of .85 cents PER each $100.00. This covers the Hammer & Buyers Premium only. Does not include shipping. Does not include what you expected to get for the item if resold.
* Shipping cost: Whatever the cost is from the carrier. All firearms (including antiques) are shipped with adult signature required. Any item(s) shipped with a value of $1000.00 and up is shipped with signature required.
* Shipping does not begin until the following Friday. This is a multiple day event that covers our preview, our auction and James D. Julia's Auction, because of this, shipping cannot start until both auctions are done.
* Multiple winning bids will be combined to save buyer money.
* We reserve the right to not ship an item if we feel an item is too fragile or bulky for us to handle.
* We are happy to assist you in your shipping needs but please understand that we will try to expedite your shipment when requested, but we make no guarantee that it can be completed in such a time frame as you may request or in the manner that you may request.
19A. HAZMAT INFORMATION:
*Aerial flares (Non-USCG Approved) are restricted in the following cities and/or states: All of Alaska; Sacramento, CA; San Francisco, CA; All of HI; All of MA; NYC, NY; Bronx, NY; Brooklyn, NY; Manhattan, NY; Staten Island, NY; Queens, NY; Washington D.C.; APO & FPO Addresses, No PO boxes. Flares considered hazardous material and requires an extra S&H charge.
*Other hazmat items include primers in original boxes and smokeless gunpowder in original containers.
*HAZMAT DISCLAIMER Commercial Carrier (FedEX) charges a $30.00 handling charge for each package containing Hazardous Materials. HAZMAT items will be shipped via FEDEX Ground only. NO 2nd Day or Next Day shipment on HAZMAT items or ammunition. If you have questions please call the number: 1-207-453-2114.
*Note: We will not declare an item as something other than what it is, change the name on the invoice and we will not declare an item to be of lesser value than what was paid for it. We will not break the law in description or value so that an item can get through customs.
20. ANY LEGAL DISPUTES: Any legal disputes arising from this auction shall be settled in the court system in the State of Maine. The Maine Uniform Commercial Code, Title 11, Section 2 - 328 applies to this auction sale.
21. MAINE AUCTIONEER RULES AND REGULATIONS are regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta, Maine 04333.
22. LISTING SUBJECT TO OMISSIONS AND ERRORS.
23. WARNING !! ALL FIREARMS AND AMMUNITION IN THIS AUCTION ARE SOLD AS COLLECTOR ITEMS. THEY ARE NOT EXAMINED, TESTED OR WARRANTED BY POULIN ANTIQUES & AUCTIONS INC, ITS' CONSIGNORS, EMPLOYEES OR AGENTS AS TO THE SAFETY AND SHOOTABILITY OF ANY FIREARMS OR AMMUNITION INCLUDED IN THIS AUCTION. WE STRONGLY RECOMMEND THAT ALL AMMUNITION AND FIREARMS ARE CHECKED FOR SAFETY BY A COMPETANT GUNSMITH BEFORE YOU ATTEMPT TO FIRE ANY FIREARM OR AMMUNITION. BY AGREEING TO THE TERMS & CONDITIONS YOU ARE RELEASING POULIN ANTIQUES & AUCTIONS INC, ITS CONSIGNORS, EMPLOYEES OR AGENTS FROM ANY LIABILITY ASSOCIATED WITH INJURIES, DAMAGE OR DEATH THAT YOU, ANY PARTY, ANY PROPERTY OR ANY PERSON MIGHT INCUR FROM THE ATTEMPT TO FIRE ANY FIREARMS OR AMMUNITION PURCHASED FROM THIS AUCTION.
24. STEPHEN POULIN AUCTIONEERS LICENSE NUMBER 1115.
25. BIDDING ON ARTICLE(S) INDICATES YOUR ACCEPTANCE OF ALL OF THE TERMS & CONDITIONS TO THE BUYER. IT IS THE RESPONSIBILITY OF THE PURCHASER TO SATISFY THEMSELVES AS TO THE CONDITION, AGE, AUTHENTICITY, LEGALITIES AND VALUE OF AN ITEM BEFORE BIDDING ON IT.
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.