Special Terms
Please read full terms. If you have any questions regarding any lots, call or email. All items sold 'as is, where is'. Vehicles will not be released until payment has cleared.
Terms and Conditions of Sale
VEHICLES ARE NOT RELEASED UNTIL PAYMENT HAS CLEARED.
It is the bidders responsibility to ask questions BEFORE they bid. Cady Auction does not guarantee the accuracy of any part of the catalog & descriptions. Although we do our best to provide good descriptions, no portion of any description is a guaranteed. Cady Auction strongly suggests you do not bid on any item that you have not personally inspected and formed your own opinion. You can email or call with any questions you may have. All items are sold 'as is, where is'. NO RETURNS.
Shipping is the responsibility of the buyer. All vehicles need to be picked up no more than 2 weeks after end of auction. Storage fees will begin after the 2 week period at $20 per day.
Any items that are not picked up or able to be shipped due to proper documents not received, start to accumulate storage fees of $20 per day on the 14th day after the end of the auction.
A 16% Buyer's Premium is added to each lot.
PLACING A BID CONSTITUTES YOUR AGREEMENT TO ALL TERMS & CONDITIONS HEREIN & WILL BE A BINDING CONTRACT TO PURCHASE. PLACING A BID IMPLIES YOU HAVE AGREED TO THE TERMS & TO PURCHASE THE LOT.
1.Most items auctioned are of considerable age or used and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS, and neither we nor the consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. We and the Consignor are not responsible for errors or omissions in the catalogue or any supplement material. The purchaser expressly acknowledges and agrees that in no event should Cady Auction Gallery & Appraisal be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages. Ammunition is sold as "collectible" and not intended to be sold as "usable".
2. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
3. The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder.
4. Internet bidders: Cady Auction Gallery & Appraisal is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Cady Auction Gallery & Appraisal or anyone else if the Internet service fails to work correctly before or during the live auction. Cady Auction Gallery & Appraisal will not be responsible for any missed bids from any source. No sale is final until Cady Auction Gallery & Appraisal has reconciled the sale and an invoice has been recieved by Bidder.
5. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price plus buyer?s premium and any applicable fees such as sales tax at end of auction.
6. PAYMENT - IMMEDIATE PAYMENT IS REQUIRED
14% buyers premium is added to the hammer price. All property purchased via online bidding must be paid for immedialty.
7. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the purchaser or (b) resell the property on no notice either privately or at public auction without reserve & in either event the purchaser will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, & we may retain as collateral security for such purchaser's obligations to use, any property, in our possession owned by such purchaser. Payment will not be considered to have been made full until your check has cleared the bank.
8. Cady Auction Gallery & Appraisal undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids.
9. The bidder's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any of buyer's premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. Cady Auction Gallery & Appraisal and the Consignor shall not by liable for any incidental or consequential damages incurred.
10. By registering to bid on this auction, buyer agrees to all terms and conditions adn enters in a bidding ocntract. All payment must be made within 72 hours of the end of the auction. Payment not received, payment with insufficient funds, charge backs and / or any form of non-payment, will be turned over to Cady Auciton's attorney for legal action, no acceptions.
11. These Terms and Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the State of Iowa. By bidding at an auction, each purchaser and bidder agrees to be bound by these Terms and Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Cady Auction & Appraisal (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by legal action brought in Linn County, Iowa as the sole place for jurisdiction and litigation of any issues between the parties.
12. CONDITION OF LOTS: Please read carefully. If you have not examined the item, we reccommend you do not bid. Call Cady Auction Gallery for condition report. We do not refund due to condition.
13.RESERVES. Generally Cady Auction does not sell items with reserves however occasionally some items may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than what is reasonable for the true market value and, in most cases, the reserve is lower than the market value. This bidding will not generally constitute opening bidding. Items which are not reserved are sold at the auctioneer's discretion and Auctioneer reserves the right to pass.
14. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions.
15. BIDDING. All bidders are required to have a bidding number. Bidding numbers will be assigned for on line auctions. There is no charge for a bidding number. All lots will be sold in numerical order according to the printed catalogue.
