Terms & Conditions
Please read full terms. If you have any questions regarding any lots, call or email. All items sold ‘as is, where is’. Standard policy: watches and clocks are not guaranteed to be in working order.
VEHICLES WILL NOT BE RELEASED UNTIL PAYMENT CLEARS.
Terms and Conditions of Sale
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.
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.
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 received by Bidder.
4. 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.
5. PAYMENT – IMMEDIATE PAYMENT IS REQUIRED
For buyers who use any form of absentee bidding (phone, absentee bid form, internet or Proxibid) a 16% buyer’s premium is added to the hammer price. All property purchased via absentee bidding must be paid for immediately at conclusion of auction. Cady Auction Gallery & Appraisal may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price in invoices that are outstanding over thirty (30) days after the date of the sale.
Local buyers – can pay cash or check on pick up. Please notify us prior to the auction if possible or ASAP so we do not ship your items.
6. 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 and all costs and expenses, including: storage fees, handling charges, the expenses of both sales and our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees and incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, and 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.
7. 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.
8. 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.
9. Antique Firearms: If you purchase an antique firearm, we will mail this firearm to your desired address once we obtain a copy of your drivers license. This allows Cady Auction Gallery to verify the age of the individual buying the gun.
Curio & Relic Guns: If you purchase a gun that is over 50 years of age, we will mail to the buyer(s) if we obtain a copy of your C&R license.
All other gun transfers: Cady Auction Gallery will mail all post 1898 guns to purchasers if we obtain a copy of your C&R license (if applicable), your FFL license (if you have one) or obtain a copy of an FFL license holder in your area that will handle the transfer for you. Licenses can be mailed, faxed or emailed to our location. Guns will be shipped within 4 days of receipt of these licenses. Guns can be picked up at our location within 10 business days of the auction. If you pick up the gun and are from out of state we will have to charge Iowa Sales Tax unless we obtain a copy of your sales tax license. If the gun is an antique, we will take a copy of your driver’s license, if the gun is a C&R and you have a C&R license we will need a copy of your license. If you have an FFL, we will exchange licenses, Iowa Residents with a CCR permit that is post November 22nd, 2005 will be exempt for NICS checks. Iowa residents with a valid purchase permit will be exempt from NICS checks. NICS checks will be performed on all other individuals at our place of licensure at 833 Shaver Road NE, Cedar Rapids, IA. Please call before arrival to arrange an appointment. ATTENTION CA RESIDENTS: THERE WILL BE AN ADDITIONAL $10 CHARGE.
NOTE: ATF rules indicate that buyers may be put on delay for up to 3 days.
ALL FIREARMS ARE SOLD ‘AS IS.’ SINCE MANY FIREARMS ARE OF CONSIDERABLE AGE, CADY AUCTION GALLERY & APPRAISAL STRONGLY SUGGESTS THAT ALL FIREARMS BE EXAMINED BY AN AUTHORIZED PROFESSIONAL GUN SMITH BEFORE USING OR FIRING. CADY AUCTION GALLERY & APPRAISAL IS NOT LIABLE OR RESPONSIBLE FOR THE WORKING CONDITION OF ANY FIREARM. CADY AUCTION GALLERY & APPRAISAL IS HELD HARMLESS FOR ANY MISFIRE OR ANY MECHANICAL OPERATION OF ANY FIREARM.
10. 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.
CONDITION OF LOTS: Please read carefully. If you have not examined the item, we recommend you do not bid. Call Cady Auction Gallery for condition report. We do not refund due to condition.
The items sold are often of considerable age or used, and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of Cady Auction Gallery & Appraisal is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Cady Auction Gallery and Appraisal recommends that they not bid on the property. All dimensions are approximate.
All bidders are required to have a bidding number. Bidding numbers will be assigned for online auctions. There is no charge for a bidding number. All lots will be sold in numerical order according to the printed catalogue and approximately 75 – 100 lots will be offered per hour.
Bidding may open above or below the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction. When leaving absentee bids, please make sure your bids fall within the proper increments.
** Bidding increments may vary at auctioneer’s discretion.
Shipping: All items that need to be shipped will be shipped out 2-3 business days after the end of the auction and payment has been received. All items will be shipped Fedex or USPS, whichever is less. A $7.00 handling and packaging material fee per package will be charged. Guns have a $10 handling fee per package. Items will be combined for packaging as it is safe to do so and as packaging materials are available. All items will be shipped with insurance through the carrier. Shipping charges plus insurance are not up-charged. For online bidders all shipping and handling fees will be charged to the credit card on file. Payment will need to be arranged for phone and absentee bidders.
ALL FURNITURE, LARGER PIECES OF ART AND LARGER PIECES IN GENERAL WILL BE OUTSOURCED FOR SHIPPING. WE WILL ASSIST YOU IN THE ARRANGEMENTS. PLEASE CONTACT US FOR INFORMATION.