Auction Terms & Conditions North American Auction Company, Terms and Conditions
A. Conditions of Sale
1. This terms and conditions is a legal binding agreement between the bidder and North American
Auction Company (hereinafter North American Auction Company will be referred to as Auction Co. and
the user or persons will be referred to as bidder or buyer).
2. Bidders must be at least 18 years of age to participate or register in the auction.
3. Any bidders participating or registering for the auction agree to be bound by and accepts these
Terms and Conditions. All bidders must meet the Auction Co. qualifications to bid. Any Bidder who is not
in good standing with the Auction Co. may be disqualified or declined, with such determination made by
the Auction Co. in its sole and unlimited discretion, at any time prior to, during, or even after the close
of the auction.
According to U.C.C. § 2-328 (3). Sale by Auction
" U.C.C. § 2-328 (3). Sale by Auction:
Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an
auction with reserve the auctioneer may withdraw the goods at any time until he announces
completion of the sale
All items in this sale are offered subject to reserve according to the above statement. Auction Co. holds
the rights to pass, sell, or hold the sale subject to seller confirmation on any and all items in this auction.
5. All property is sold AS IS where is with all faults, and neither the Auction Co. nor any consignor makes
any warranties, representations, or guarantees either expressed or implied with respect to the property,
and in no event, shall they be responsible for the correctness, nor deemed to have made any
representation or warranty, of description, genuineness, authorship, attribution, provenance, period,
culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of
sale, or invoice or elsewhere shall be deemed such a warranty of representation or as an assumption of
liability. Details in the catalog are opinion and are written as an aid to potential bidders. Auction Co.
acknowledges that there may be errors in what is listed in the catalog. Auction Co. strongly recommends
that the Bidder has an acknowledged expert view the item. All bidders are required to physically or
visually either in person, virtually, or by proxy inspect the items during the inspection and preview
period for correctness, description, genuineness, authorship, attribution, provenance, period, culture,
source, origin, and condition. The bidder will then rely entirely on their own inspection for any and all
bids or opinions given without holding the Auction Co. liable for any and all statements made. All sales
are final. There will be no refunds, no exchanges, and no partial refunds of any kind.
6. Auction Co. shall determine the highest bidder as the purchaser. In the case of a disputed bid, the
Auction Co. shall have sole discretion in determining the purchaser from any of the bids left whether
they be the highest bidder or not and may also, at the Auction Co. election, withdraw the lot or reoffer
the lot for sale. The Auction Co. shall have sole discretion to refuse any bid, or refuse to acknowledge
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any bidder. The Auction Co. also holds the right to terminate the purchase for any 37 reason, even in the
38 event the bidder was given notice that he/she is the high bidder and purchaser, the bidder agrees that
the Auction Co. may terminate the purchase or agreement, in which case the Auction Co.'s only liability
shall be the return of the highest bid amount the buyer paid with exception to any and all extra cost
including but not limited to buyer's premium and shipping.
7. Consent to Suit in Montana: In the event of legal proceedings arising from this contract or from the
auction in connection therewith, the Buyer consents to being subject to the personal jurisdiction of the
courts of the State of Montana. A Buyer also agrees and gives consent that venue shall be in Gallatin
County, Montana and that the laws of the State of Montana shall govern this Agreement and the
parties' transaction hereunder.
8. The Buyer expressly agrees to indemnify and hold the Auction Co., consignors and their assigns
harmless from an against all claims, losses, expenses, damages or liability, (including but not limited to
attorney's fees), directly or indirectly caused by or resulting from Buyers negligent acts or omissions or
breech of this agreement, except for damages caused by or resulting from the Auction Co.'s sole
9. Item Removal: All merchandise purchased must be paid for and removed from the premises the day
of the auction. Buyers who cannot for any reason be present on the day of the event are required to make prior arrangements with the auction company before bidding for time and date for removal of items suitable with the auction company.
purchased must be removed without damaging any property or altering any property in any way. All
cost, responsibility of risk of such removal shall be subject to the Buyer or any persons on the Buyers
behalf. The Buyer does not hold the Auction Co. liable for any damages or alternations made to the
property after or during the announced removal period. If for any reason the Buyer fails to remove any
of the merchandise purchased within the time specified, the Auction Co. shall have the right, in its sole
discretion, to resell, discard, or remove and store said property at the Buyers sole risk and expense.
Auction Co. may impose, and the Buyer agrees to pay, a 1.5% late charge added to the invoice and any
storage expense in the event the items are not removed from the premises in the announced period, auction day
Buyer agrees that paying any and all outstanding balances with the Auction Co. does
not in any way relinquish them from any late fees or storage charges in the event the item has failed to be
removed within the announced time. Storage fees will be charged to all items that have not been
removed from the auction premise after the last item is sold on the day of the auction. Storage fees will
be charged as follows, $10 per day, per item in additional to all and any additional cost including, but not
limited to a late fee. In the event the storage cost and late fees have exceeded the items hammer price,
excluding buyer's premium, the items will be considered abandoned and the Auction Co. will have sole
possession of any and all items. The buyer agrees that any and all storage expenses and late fees are the
sole responsibility of the buyer.
10. Titled Property: Buyers will be responsible for procurement of any plates and payment of taxes in
their county and/or state of residence on all titled property. Titles will be released by the Auction Co. to
the Buyer on the day of sale if the property is paid in full by Cash, Credit Card, or Wire Transfer. Payment
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made by Personal or Company Checks will result in the Auction Co. holding the title for 75 a minimum of 10
days or until the check clears, at which point the Auction Co. will release the title.
11. PAYMENT: All items must be paid in full prior to the removal of purchased or won lots. Auction Co.
does not accept partial payments. Invoices are payable by cashier's check, cash or credit
card (Visa, MasterCard, Discover, & American Express). North American Auction Company reserve the right to require payment on any invoice by wire transfer. All invoices over $4,000.00 must be paid by wire transfer. Do not bid if you are unable to pay invoices over $4,000.00 by wire transfer. Payment may also be made by Personal and
Company In-State (Montana only) checks, out of state checks will not be accepted. All payments must be
in U.S. Funds. No out of country (non-U.S.A.) checks accepted. Auction Co. reserves the right to charge
the bidders credit card if the balance is not paid.
12. Packing and Shipping: Auction Co. is not responsible for the act or omission in our packing or
shipping of purchased lots or for other carriers or packers of purchased lots, whether or not
recommended by our company. Packing and handling of purchased lots is at the entire risk of the
B. Conditions of Sale of Firearms.
1. Any persons who desire to become a Bidder on any firearms are required to be 18 years of age for any
long gun and 21 years of age for any hand gun. Auction Co. is a licensed and practicing Federal Firearms
Licensed (FFL) dealer. Any Bidders who desire to bid on and purchase any firearms in our auctions
cannot have been convicted of a felony, have any restraining orders, or have any reason that they would
not pass a NICS FFL Background Check. Auction Co. holds the right to run a NICS FFL Background check
on any purchaser. If the Bidder on a long gun is a current resident with correct identification from the
states of Wyoming, Idaho, North Dakota, or South Dakota and are attending the auction, the purchaser
can take possession of the long gun at checkout, only if the Bidder is approved by the NICS FFL
Background Check. If the Bidder is successful on a hand gun and in any state other than Montana the
firearm will be shipped to a Federal Firearm Licensed Dealer of your choosing nearest your residence.
The Buyer agrees to take sole responsibility for shipping of any firearms, including the delivery of the FFL
License of your choosing to the Auction Co. and all shipping/handling expenses.
C. Conditions of Sale: Bidding
1. Live Bidding: The auction event will be held on site located at 4370 3th Street Bozeman, MT 59715 live onsite bidding will be available.
onsite bidding is the most reliable and successful way to bid at our auction. Auction Co. advises any
serious bidders to come to the live event as this will ensure the easiest transaction and give the Bidder
the best opportunity to express their bids.
2. Telephone Bidding: Auction Co. offers Telephone Live Bidding for the auction event. Bidders wishing
to be a telephone bidder at the time an item is being sold must contact the Auction Co. in advance to
make arrangements. The bidder must contact the Auction Co. no later than 2:00 p.m. Mountain Time
Zone the day preceding the sale to make arrangements to bid via telephone. If a bidder contacts Auction
Co. after 2:00 p.m. Mountain Time Zone the day preceding the sale, Auction Co. cannot guarantee that
the bidder's bids will be executed. Bidders are required to fill out the "Phone Bidder Request Form"
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located on our website under the Phone Bidding tab. Once the bidder has filled out 112 the Phone Bidder
Request Form completely the auction company will then send the bidder the Telephone Bidder Terms of
Service Document. Bidders understand that the Auction Co. is not responsible for any lost information
or inability to contact the Bidder and that any form filled out on the Auction Co. website other than the
Phone Bidder Request form will not be an acceptable request for phone bidding. The Bidder is then
required to sign, scan, and email back the Telephone Bidder Terms of Service Document. Bidders can
also fax the Telephone Bidder Terms of Service Document to Auction Co. at 800-686-4216. Once the
document has been received by the Auction Co. then the Bidder will be entered into the Auction Co.
system as a phone bidder. Auction Co. will then have a representative contact you on the telephone
number the bidder has given the Auction Co. a few minutes or when the item is being sold. The Bidder
can then tell the Auction Co. representative to bid on the bidder's behalf. Telephone bidders may also
leave Phone Bidder Absentee Bids with the Auction Co. representative. Phone Bidder Absentee Bids are
a verbal or written request to the Auction Co. representative to leave a max bid amount for the
representative to bid on behalf of the Bidder. Bidders understand and acknowledge that the Auction Co.
is not held responsible for any and all damages resulting in but not limited to the loss of telephone
bidder's bids, misunderstanding of the bidder's amount, missed calls due to bad telephone connection.
By becoming a telephone bidder, her/she understands and acknowledges they are taking on sole risk of
any and all damages resulting in the telephone bidding. Telephone bidders also understand that any bid
the representative places on behalf of the bidder is a guarantee of purchase and that the bidder agrees
to purchase any items won on behalf of the Auction Co. representative at the representative's highest
. Absentee Bidding: Auction Co. offers bidders absentee bidding
approval to bid and that the Auction Co. has the right to refuse or decline any bidder without
limitation. If the bidder is not able to bid live online or live onsite at the auction event the Auction Co.
advises the bidder to leave the maximum bid amount the bidder is willing to spend on any given item.
Bidding on any item indicates your acceptance of these terms and all other terms, written
posted, or announced at the time of sale whether bidding in person, through a representative, by
phone, by internet, or other absentee bid. All bids placed with the Auction Co. whether in person,
through a representative, by phone, by internet, or by absentee bid are taken in full confidence and
will not be shared or used incorrectly (Auction Co. DOES NOT bid on behalf of the consignor or share
with any persons the confidential bids placed by any persons). Auction Co. will not be responsible for
any errors or failures to execute bids placed (via absentee bidding without limitation including in
person, through a representative, by phone, by internet, or other absentee bid) including without
limitation, errors or failures caused by (i) a loss of connection to the internet or to any hosted
software platforms; (ii) a breakdown or technical problem with any of the hosted software platforms;
(iii) a breakdown or problem with a client's internet connection, mobile network or computer; (iv) the
failure to relay the bids placed for any reason without limitation due to the hectic nature of the live
auction event. Auction Co. is not responsible for any failure to execute an online bid or for any errors
or omissions in connection therewith. Online bidding via all hosted internet platforms will be recorded.
All bidding is subject to approval by the Auction Co. and Auction Co. Auctioneer representative at the
live auction event. Auction Co. holds the right to refuse or decline or accept in any order the bids
presented to the Auctioneer at the time of the live event. Bidders understand that all bids placed are
considered and executed as Competitive Bidding. Competitive Bidding is allowing the Auction Co. to
start the bid at the amount the Auctioneer will accept a bid regardless of any bidder's maximum bid.
understand that due to the hectic nature of the live auction event that the Auction Co. and Auctioneer
will not take into account the date at which any bid was placed (Example No.1: If the Auctioneer is
asking all bidders for a $1,000 bid and a live onsite bidder in person, a bidder through representative,
a telephone bidder, an internet live bidder from all of the five available hosted platforms, and an
absentee bidder all at the exact same time bid $1,000, the Auctioneer will award the high bid solely at
his discretion without limitations. Example No. 2: A bidder number 1 left an absentee bid of $1,000 on
a lot. The auction event is in processes and the bidder number 1 is the highest accepted bid at $100
and the Auctioneer according to his sole discretion sets the bidding increments at $100 and then
continues to call bids. The bidder number 1 is then accepted as the highest bidder at $900 and the
Auctioneer ask for $1,000 and accept the bid from another bidder, bidder number 2, at $1,000. The
Auctioneer then calls for any more bids at $1,100 and then sells the item to the bidder number 2.
Since the original bidder, bidder number 1, was accepted at $900 and the Auctioneer has chosen $100
increments the next accepted bid must be $1,000 and bidder number 1 cannot bid again as the
Auctioneer already has accepted his bid at $900. When the Auctioneer calls for $1,100 bidder number
1 no longer will show the Auction Co. representative any available bids and the item will be sold to
bidder number 2). Auction Co. is not liable for any damages or responsible for selling the item to
another bidder at your maximum bid amount without limitation.
. By registering to bid or/and bidding on any item this indicates the bidder's acceptance of these
terms and all other terms printed within, posted, and announced at the time of sale whether bidding in
person, through a representative, by phone, by internet, or other absentee bid. Auction Co. advises
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any persons who does not fully understand and acknowledge the terms written herewith 206 to refrain
from bidding in any manner. All bids left are an acknowledgement and agreement of these terms and
a guarantee for all payment invoices on any successful or purchased lots including any additional
expenses including but not limited to buyer's premium and storage cost and late fees when applicable.
Signature: ___________________________________________ Date:
Print name: __________________________________________ Date:
Seller User Terms
Bidder User Terms