Regardless of your bidding method, all participants must have an account with Childress Gaffney Auctions and registered for the specific sale in which they intend on participating. Please note the time allowances necessary for processing participation under each method.

All sales are governed by our Conditions of Sale. Please fully read and understand the Conditions of Sale prior to placing any bids. When creating an account online or submitting a bid form, you will be prompted to agree to our Conditions of Sale.

Any questions should be directed to our Client Services Department at 864.674.4008 or you can contact us via info@cgauctions.com.

Conditions of Sale

The following Conditions of Sale incorporate the Guide to Buyers for the auction and apply to all bidders and purchasers in the auction. If there is a conflict between the terms and conditions herein and those in the Guide to Buyers, then the terms and conditions herein shall apply.

  1. Regardless of your bidding method, all bidders must have an account with Childress Gaffney Auctions, LLC (“CGA” and the “Auctioneer”) and be registered for the specific sale in which they intend to bid. By placing a bid in the auction, you agree to be bound by these Conditions of Sale.
  2. Property (a “lot” or “lots”) in this sale may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and CGA below which the lot will not be sold. In most cases, the reserve will be set below the low auction estimate, but in no case will it exceed that amount. A representative of CGA will execute such reserves by bidding for the consignor. In any event and whether a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
  3. Except as provided in paragraph 2 above, the highest bidder as determined by the Auctioneer shall be the purchaser. In the case of a disputed bid, the Auctioneer shall have sole discretion to withdraw any bid or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, refuse to acknowledge any bidder, or to change the bidding increments on a lot. Bidder spending in excess of $100,000 will be required to make a deposit of good funds with CGA at least five (5) days in advance of the sale to participate in an auction.
  4. All purchasers shall pay for and removed purchased property from the premises within seven (7) days of the auction. CGA may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within thirty (30) days of the date of sale.

    CGA shall have no liability for any damage or loss to property left on its premises for more than seven (7) days from the date of sale (“Removal Period”). If any property has not been removed by the end of the Removal Period, at the option of CGA (a) CGA may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed within the Removal Period, and/or (b) CGA may place the merchandise in a subsequent auction, without a reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser.
  1. CGA accepts cash, check, credit cards, and wire transfers for payment. Personal checks will be acceptable only if credit has been established with CGA or if a bank authorization has been received guaranteeing a personal check. CGA reserves the right to hold property purchased by personal check until the check has cleared the bank. The purchaser agrees to pay CGA a handling charge of $25.00 for any check dishonored by the drawee. Please contact Accounting for additional payment methods.
  2. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, CGA may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser’s breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
  3. In no event will the liability of CGA to any purchaser with respect to any lot exceed the purchase price actually paid by such purchaser for such lot.
  4. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shipping companies. Some property may be subject to export restrictions from the U.S., such as items that include material from some endangered species. The purchaser is solely responsible for applying for and obtaining any applicable export license or approval for a lot. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of the lot.
  5. Sales in South Carolina are subject to sales tax. Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of proper documentation.
  6. The purchaser will be charged a premium (the “Buyer’s Premium”) equal to 20% the final bid price up to and including $500,000, plus 15% of the amount by which the Sale Price exceeds $500,000, to be paid by the purchaser as part of the purchase price.
  7. Bidding on any item indicates your 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.
  8. CGA makes a limited warranty to the original purchaser of record concerning the authenticity of each lot for a period of fourteen (14) days after purchaser’s receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is authentic, the buyer may, at his or her own expense, obtain the opinion of two mutually-agreed-upon, recognized experts in the field of the disputed lot. If these experts determine that the lot is not authentic, the buyer’s sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the lot. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. CGA shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty.

Except as provided in the immediately preceding paragraph, ALL PROPERTY IS SOLD “AS IS,” and neither CGA nor any consignor makes any warranties or representation of any kind or nature 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 an assumption of liability.

  1. CGA and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. CGA expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for CGA relating to a lot, including the contents of this catalog, is, and shall always remain, the property of CGA and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
  2. These Conditions of Sale shall be governed by the laws of the State of South Carolina (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against CGA in connection with the transactions contemplated by this agreement shall be brought, in the courts of South Carolina or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.

 

Any questions about these Conditions of Sale should be directed to our Client Services Department at 864.674.4008 or info@Childressgaffneyauctions.com.

Last Updated: December 2018

Bidding At Auction

Regardless of your bidding method, all participants must have an account with Childress Gaffney Auctions, LLC (“CGA” and the “Auctioneer”) and be registered for the specific sale in which they intend to bid. Please note the time allowances necessary for processing participation under each method.

All sales are governed by our Conditions of Sale. Please fully read and understand the Conditions of Sale prior to placing any bids. When creating an account online or submitting a bid form, you will be prompted to agree to our Conditions of Sale.

Any questions should be directed to our Client Services Department at 864.674.4008 or info@cgauctions.com.

All Bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to CGA, all registrants are required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid credit card. By registering with CGA with an Auction Registration Form or submitting a Bid Form for absentee or phone bidding, registrant authorizes CGA to obtain a copy of his or her consumer credit report and authorizes CGA, at its sole discretion, to use the information contained therein to make business decisions regarding the registrant’s participation in the bidding process.

Our bid increments are:

$0 – $200 $10
$200 – $500 $25
$500 – $1,000 $50
$1,000 – $2,000 $100
$2,000 – $5,000 $200
$5,000 – $10,000 $500
$10,000 – $20,000 $1,000
$20,000 – $50,000 $2,000
$50,000 – $100,000 $5,000
$100,000 – $200,000 $10,000
Over $200,000 Auctioneer’s Discretion

Absentee, Telephone & Internet Bidding

Absentee and telephone bidding is offered as a free service to our customers and prospective Bidders. CGA shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via the internet. CGA cannot warrant or guarantee any phone or absentee bids made or altered on the day of the auction. All bids must be placed in U.S. Dollars and reflect the bid increments as defined by the Auctioneer.

You may register for live bidding and receive a bid number during the auction preview or before/during the live auction. We will verify a valid photo ID (Driver’s License or Military ID) and a credit card. If you are not a previous or known customer to us and wish to pay with a check, we may require a bank letter of guarantee prior to registration. If you have any questions about registration or payment, call 864.674.4008 or info@cgauctions.com

To bid in our sales buyers must register an account with Childress Gaffney Auctions and register and complete our Auction Registration Form for the specific auction in which they want to participate. You can register for live online bidding with cgauctions.com, Liveauctioneers.com, and or Bidsquare.com, and to place absentee and telephone bids please complete our Bid Form.

To register for the sale on cgauctions.com, Liveauctioneers, or Bidsquare.com click Bid Online. Please note that some sales are “online only,” meaning you may only participate through the designated online bidding platforms available for the sale. In these instances, in-person and telephone bids are not accepted.

Absentee Bidding

Print and complete our Phone & Absentee Bid Form and check “ ABSENTEE BID” for the designated lots indicating your “MAXIMUM BID" on each lot. Absentee bids are executed confidentially on your behalf up to your maximum bid.

Absentee bids are accepted via phone, fax, email and on CGA website. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest Bidder. Absentee bids that are faxed or emailed to CGA need to be in the office at least 2 hours before the sale begins.

An absentee Bidder unknown to CGA may be required to submit a bank letter of credit prior to the auction, or, using a credit card, deposit with CGA a fee equaling 30% of the absentee bid.

All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee Bidder only if necessary. CGA does not accept “buy bids,” or absentee bids which have no limit. In the event of a tie bid between a floor and an absentee Bidder, the floor bid will be honored.

Bidding Online

To bid in our sales buyers must go to our website and register an account with CGA and register for the specific auction in which they want to participate. You can register for live online bidding and place absentee and telephone bids online.

To register for the sale, click “Log in” Then “Bid Online” on our Home page. Please note that some sales are “online only,” meaning you may only participate through the designated online bidding platforms available for the sale. In these instances, in-person and telephone bids are not accepted.

Additionally, our online bidding is available with our auction partners on Liveauctioneers or Bidsquare. Go directly to Liveauctioneers.com or Bidsquare.com, and search for Childress Gaffney Auctions and follow the instructions. Liveauctioneers.com and Bidsquare.com also all offer bidding on iPhone and Android smart phones. There may be terms which apply solely to internet bids that should be reviewed online at the time of sale. CGA is not responsible for any failure to execute a bid and shall have no liability to any Bidder for any technical or other failure associated with an internet auction.

Phone Bidding

Print and complete our Bid Form in order to bid by phone. The deadline for Phone Bids is 5 p.m. Eastern time the day before the auction. Unless the Bid Form is signed and received then a reservation will not be confirmed.

During the auction, a staff member will call you about 5-10 lots before your lot comes up. We auction at about 80 – 100 lots per hour and lots run in consecutive numerical order. CGA will attempt to reach each telephone Bidder, but CGA is in no way responsible for missed calls.

For CGA to efficiently serve the needs of those who wish to bid by phone, please note the following:

(a) To participate in the auction by telephone, potential Bidders must complete and sign the Bid Form and check “ TELEPHONE BID” for the designated lots. Potential Bidders may also reserve a phone line on CGA website. If faxing or emailing requests for phone bidding, they need to be in CGA office 2 hours before the sale begins. Once the auction begins, bids left on CGA website or emailed may not be retrieved by the staff.

(b) As a registered telephone bidder, Bidders are aware the bidding begin at the minimum of one half of the low estimate.

(c) Telephone Bidders are advised to indicate an “insurance bid”, which amount will become an absentee bid, pursuant to the absentee bidding process set forth above, if CGA cannot reach the Bidder by telephone for a indicated lot.

(d) Telephone Bidders must disable any caller ID or other call blocking mechanism.

Payment Details

Invoices for successful bidders are emailed or mailed to successful bidders within 72 hours after close of auction.

Payment is due upon receipt of your invoice. If you are bidding in-person, payment is due the day of the auction. We reserve the right to require payment by wire transfer from any winning bidder domestic or Internationally.

Your items will be released for shipment as soon as we receive the total payment due.

Buyers are required to pay any applicable state and local sales tax.

All sales to South Carolina residents are subject to a state sales tax, unless the buyer provides a valid vendor resale certificate. Sales tax excluding gold and silver coinage.

If you have any questions about methods of payment, contact us in advance of the auction by email at bid@cgauctions.com or phone at 864.674.4008.

CGA may impose late charges of 1.5% per month (or the highest interest rate allowed) on any amount owed to CGA that remains unpaid after 30 days. Buyer shall be liable for any collection costs or attorney’s fees incurred by CGA to collect payment, to the extent permitted by law.

Shipping & Packing

CGA does not provide packing and shipping services. We have a list of recommended third-party shippers to assist you in shipping. Please see our Shipping & Packing Form. You must complete our Shipping Release Form to release your property to any third party.

Please note the all property must be removed from our premises within seven (7) days following the last day of the auction.

CGA is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.

ADVICE TO INTERNATIONAL BUYERS

CGA will not ship any package containing a firearm to any location other than within the United States. Buyers outside the United States must make their own shipping arrangements taking full risk for the transportation of any firearm.

Property made of or containing certain plant or animal materials, such as coral, crocodile, ivory, whalebone, baleen, tortoiseshell, etc., may require a license or certificate before exportation from the United States and importation to another country. If a purchase contains these materials, the Buyer must check the government wildlife import requirements in the countries from which and to which the item is being shipped prior to bidding. Since the export and import licenses are independently issued by the countries of origin and destination, obtaining one does not guarantee that you can obtain the other. Purchasers are responsible for making timely payments on items won at auction, even if a license is delayed or denied.

Shipping Release Form

Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately (a) assumes full risk and responsibility for the lot, including liability for loss or damage and (b) is liable for payment of the purchase price, buyer’s premium, and any applicable taxes and fees. It is the buyer’s responsibility to ask specific questions on condition related concerns prior to the auction.

 

REMOVAL AND STORAGE OF PROPERTY AND CANCELLATION OF SALE

It is the responsibility of the Buyer to remove purchased property. If purchased property has not been removed, or CGA has not received authorized Shipping Release Form with shipping instructions within seven (7) days after the auction date, CGA may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, and/or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of CGA costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to CGA.

Phone & Absentee Bid Form

Shipping Release Form

Shipping & Packing Form

Domestic Payment Form

International Payment Form

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