Terms & Conditions
Be a Part of the Auction:
- All items are sold “as is” and neither Burns Auction Service nor the item’s consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness, or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. Buyers agree and understand they must rely entirely on their own inspection and knowledge. By registering for a bidding number, or when placing an Absentee, Phone or FAX bid, buyer agrees to these Conditions of Sale.
- If you are present at an auction, it is your responsibility to inspect all items thoroughly for nicks, chips, cracks, breaks or any other damage. Once an item has been removed from the auction facility, it will not be accepted for returns of any kind.
- There is no charge to receive a bidder number to participate in our auctions, but Burns Auction Service requires a valid, state issued identification card. A valid state tax number/form must be presented to waive state sales taxes.
- It is understood by the bidder and consignor that the auctioneer and Burns Auction Service are acting solely as the seller’s agents.
- Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or his/her agent, before, during or after an auction while on auction premises, and further agrees to hold auctioneer harmless from any personal injury to himself or his/her agents, and any property damaged incurred on auction premises.
- Burns Auction Service and its employees shall not be held liable for any damages or accidents to any person or property sustained as a result from handling, lifting, moving, loading, or packaging of merchandise before, during or after the auction.
- Burns Auction Service makes every effort to provide accurate descriptions and commentary given to buyers prior to bidding; however Burns Auction Service makes no guarantee or warranty of any kind with respect to the physical condition, size, quality, rarity, medium and materials, age, authenticity, provenance, culture, source, or historic significance of any goods. If an item is called as chipped or any other damage, it is being sold as such. Employees, consignors, or any other representative of Burns Auction Service are not authorized to provide written or verbal guarantees. Buyers must depend on their own review of the merchandise. Buyers are cautioned to purchase sight-unseen at their own discretion.
- Absentee Bids are accepted at Burns Auction Service’s discretion. Phone bids* are accepted at the Burns Auction Service’s discretion. Buyers registering for phone or absentee bids must do so before 7 am the day of the auction. Burns Auction Service will not be held responsible if we are unable to reach those wishing to bid by phone. Burns Auction Service shall not be held responsible or liable for absentee bids that are missed or otherwise not executed.
During the Auction:
- Bidder becomes solely responsible for all items purchased by him/her immediately following the public confirmation of his/her winning bid. At this point the bidder assumes full risk and responsibility for the item. He/she is advised to guard their items at their own discretion.
- Bidder is responsible for knowing which item he/she is bidding on. If unsure, he/she should inquire or not bid. When you become a winning bidder at an auction, you have entered a contract and will be expected to pay for items in which you were evident of being the successful bidder.
- Auctioneer reserves the right to accept bids in any increment he/she feels is in the best interest of their consignors. Auctioneer also reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he/she feels are not in the best interest of the consignor.
- Auctioneer reserves the right to reopen a bid due to any disputes and auctioneer’s designation of buyers will be final, according to state regulations and Uniform Commercial Code. If any dispute arises after the sale, our sales records will be conclusive in all respects. Auctioneer retains the final say.
- Consignors may not bid on their own items. Consignors who wish to have their items withheld from auction need to do so by alerting management before the scheduled auction begins. Consignors who bid on their own items will be subject to all bidders’ fees plus an additional $50 per-item penalty fee and risk being able to consign additional items with Burns Auction Service.
- All lots in the auction may be subject to a “reserve” (a confidential minimum price below which the lot will not ordinarily be sold). As the Contracted Agent for Consignor we may place bids during the auction if and when the highest outstanding bid at any time during the sale is below the reserve which may have been previously established on the lot being offered.
- Burns Auction Service reserves the right to withdraw any property at any time before and during the auction, and reserves the right to reject a bid from any bidder.
- Burns Auction Service will make an honest attempt to disclose any imperfections on items at the time the item is on the block for bidding. However, it is the sole responsibility of the buyer to inspect any and all items he/she is buying prior to bidding irregardless of whether any imperfections were disclosed ahead of time.
- In the event of a dispute, the Auctioneer’s decision during or after an auction will be final and undisputed. All information regarding items being sold is subject to clarification, changes or disclaimer at the time of the sale and will be sold based on Auctioneer’s verbal or written information at time of sale.
- If bidding online, the buyer is advised that all submitted bids are final and binding regardless of buyers input errors. Burns Auction Service does not accept liability for technology, website or Internet failure, or unforeseen circumstances that may influence the execution of online bids. When online bids are bid against floor bids, the auctioneers declaration of the winning bid is final.
After the Auction:
- Burns Auction Service’s accepts the following methods of payment: Visa, MasterCard, Discover, and American Express. Pre-approved check or cash is accepted ONLY at the site of auction. All internet based sales will be paid by Credit Card on file. Payment in full for items purchased during the auction is required immediately after the auction. All sales are final regardless of method of bidding or payment options.
- A buyer’s premium may apply to designated auctions. All items must be paid in full before they leave auction premises. Burns Auction Service reserves the right to withdraw any property at any time before and during actual sale.
- The buyer is responsible for transporting items from the facility immediately after the auction at their own risk.
- Burns Auction Service may, at our discretion, hold your items until check or credit card funds clear. Failure to provide payment will result in revoking the buyer’s right to participate in future sales with Burns Auction Service.
- By participating in an auction either in-person, online by absentee or telephone bid, you agree to be bound by these terms and conditions.
- All items are sold “as is.” Burns Auction Service does not offer refunds. In rare cases, we may make exceptions at management’s discretion. Please carefully view the property at our preview prior to auction start-time before you bid. No employee of Burns Auction Service is authorized to make on our behalf, or that of the consignor, any representation or warranty, oral or written with respect to any items listed for sale in our auction.
- All sales are completed at the discretion of the Auctioneer and the Auctioneer reserves the right to cancel any sales and deny future transactions with any buyer if these terms are not met.
- If you were present at an auction, it is your responsibility to inspect all items thoroughly for nicks, chips, cracks, breaks or any other damage. Once an item has been removed from the auction facility, it will not be accepted for returns of any kind.
Questions or comments concerning Burns Auction Service’s Terms and Conditions can be directed to Tom Burns by calling at: 407-592-6552.
*Phone bids are accepted for items with an estimated selling price of $300 or more. Bids under this estimated value will be treated as an absentee bid.