Terms and Conditions
Bidding on any item indicates the bidder's acceptance of the following terms and conditions:
1. A buyer's premium will be added to the final bid price. The buyer's premium for purchasing in the saleroom will be 10%. The buyer's premium for purchasing through live bidding on the Invaluable website will be 15%. There will be an additional 3% convenience fee for anyone paying by Paypal or credit card.
2. Accepted methods of payment are cash, personal or business check, wire transfer ($15 fee), or credit cards through Paypal. There will be an additional 3% convenience fee for anyone paying by Paypal or credit card. There is a handling charge of $35.00 for any returned check. Currency is U.S. Dollars.
3. All items that are purchased by online buyers must be paid for within 5 business days of the auction. (November 27, 2015. An invoice will be emailed to all Invaluable winning bidders within 48 hours of the end of the auction. Caswell Prewitt Realty reserves the right to hold all purchases until checks or credit card transactions have cleared to the satisfaction of Caswell Prewitt Realty and its bank. All items that are purchased in the saleroom must be paid for after auction closes and before being picked up.
4. Sales Tax: Residents of Kentucky will be charged a 6% state sales tax that will be applied to all sales, including Buyer's Premium, unless a KY tax exemption certificate has been completed and signed prior to the close of the auction. Out of state sales tax exemption ID numbers may be used when completing the KY tax exemption form. Kentucky state sales tax will not apply to items shipped out of state but will apply to items purchased by out of state buyers and picked up in the state of Kentucky.
5. Your bid is a contract. Do not place a bid that you are unwilling or unable to honor. If you are declared as the winning bidder, you have entered into a legally binding contract to purchase the property offered. If you have questions about an individual item, please contact the auctioneer before bidding.
6. The high bidder acknowledged by the Auctioneer shall be the purchaser of that lot. The Auctioneer is the sole determinant as to who is the successful bidder. Once an item is declared as "sold", the successful bidder assumes full risk and responsibility for the purchased lot.
7. All property is being sold "AS IS". Inspection opportunities are available to those who wish to preview at the auction site located at the Clay Community Center, 3400 Indian Mound Drive, Mt. Sterling, KY. on Thursday, November 19, from 4 pm-7 pm or Friday, November 20 from 3 pm until sale time. Bidders who take advantage of off-site bidding acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder's sole responsibility to determine whether or not to bid on any item. Caswell Prewitt Realty has endeavored to accurately describe all items being sold but all property being offered is to be sold "AS IS". No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of, or person in the employ of Caswell Prewitt Realty shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that photographs may have had size modifications for display purposes, or have been trimmed to exclude framing, matting, and wide blank margins. Also, variations in color may occur due to digital processing. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Caswell Prewitt Realty shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging.
To obtain a condition report, please contact Dave Diederich at (859) 745 2900 or [email protected]. All items will not be delivered to the venue until Wednesday, November 18.. We are not able to provide condition reports until then as the items are all packed and will not be delivered and opened until the November 18 date. We will be happy to provide a condition report and can email or phone you after the November 18 date.
8. The Auctioneer reserves the right to withdraw any lot prior to being offered in the auction and shall have no liability whatsoever for withdrawal of the property.
9. Live internet bidding is available as a courtesy during the auction. Caswell Prewitt Realty WILL NOT BE HELD RESPONSIBLE FOR LIVE INTERNET BIDS THAT ARE NOT SENT, RECEIVED, OR EXECUTED BY THE ADMINISTRATOR.
10. FIREARMS All firearms transfers will be in strict accordance with all International, Federal, State and local laws. Be sure to check your country, state and local laws before bidding. If you are unable to import, purchase or own a firearm according to your residency laws, do not bid on these items. If you bid and find out later you cannot legally own/accept delivery, the bid is still a valid contract that the buyer must pay.
All firearms in this auction are post 1898 and as such are modern firearms. The exception is lot 195 which is a replica flintlock which possession can be transferred at the auction site.
Checkout will be at the auction location and pickup or transfer of possession will be at a local FFL dealer in Mt. Sterling, Ky. The FFL dealer is:
Walters Arms
270 Evans Avenue
Mt. Sterling, Ky. 40353
(859) 432-1095
Open Saturday, 10 am- 3 pm
Bruce Walters, Owner
If you are a out of state buyer, then shipping will be provided by that FFL dealer to a FFL dealer in your geographical area.
The same person to whom the bidder number is registered must be the person to pick up the firearm(s) at the conclusion of the sale Federal Law disallows anyone else from accepting the transfer.
Firearms sales to non-licensed bidders who are picking up guns at the FFL dealer in Mt. Sterling, KY. will require the completion of a background check. This process to fill out forms and obtain a response may take 5-10 minutes. The transfer cost ($10 per gun) from the FFL to the new owner will be borne by the new owner. If you are Denied by FBI / NICS background check, you will not be able to take possession of the firearm and the firearm will be consigned to the next available firearm auction. If you are appealing a Deny decision, we will hold the gun only if you pay in full for the item.
Licensed bidders, i.e. Federal Firearms Licensees or Curios & Relics License holders must present a current signed copy of their license. (C&R licensee purchases must conform to the ATF C&R requirements).
Shipping
Any firearms shipped are legally required to be shipped to an ATF licensed FFL dealer within your state of residence for transfer and pickup. You will be responsible for all shipping and transfer costs incurred. .
Modern Long Guns are shipped via ground to the FFL dealer.
Upon paying for the gun you can contact a licensed dealer to send their FFL to Caswell Prewitt Realty with the paid invoice number notated.
Caswell Prewitt Realty will not be responsible for exporting modern firearms or any ammunition. Buyer will need to locate a US Dealer that can export these items to their country.
Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age, or older. Dealers are bound by these minimum age requirements.
Since all firearms sold are collectible items, Caswell Prewitt Realty does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting.
Caswell Prewitt Realty reserves the right to deny the sale of a firearm to any buyer.
11. All packing and shipping of merchandise will be at the risk and expense of the buyer. Caswell Prewitt Realty does NOT provide in-house packing or shipping. Shipping arrangements may be made through the buyer's own shipper, or upon request, we will supply a list of shippers that can pack and ship small items or large. We do not provide estimates for shipping. You must obtain your own estimate by contacting your choice of shipper. Shippers are independent of Caswell Prewitt Realty and are not endorsed by it; therefore, we are not responsible for problems associated with shipping. Merchandise must be removed from our storage facility within two weeks of the auction. Merchandise is stored at the risk of the purchaser.
Pickup of items that are not firearms will be the evening of the sale or Saturday, November 21 from 10 am-4 pm. Items that have been purchased over the internet will be transferred to a secured storage area and held at the buyer's risk until pickup, which needs to be completed within two weeks unless other arrangements are made. Saunier Moving and Storage will be on premise on Friday night and Saturday to assist with any delivery issues and they also provide storage and shipping services on larger items. Their phone number is 859 744 6310 to make arrangements.
12. By registering for this sale and bidding on any item, all bidders are entering into a contract and agree to abide by and accept these terms of sale.
For additional information, contact Dave Diederich (859) 745-2900 or [email protected]
Shipping Terms
See terms and conditions. If you need any help, please call Dave Diederich at 859 745 2900.
Taxes
All items picked up in the State of Kentucky will be subject to a 6% tax unless a valid resale certificate is presented.
