Cash or wire transfer required on all titled vehicles and invoices over $2,500. Visa and Mastercard accepted on smaller purchases. 10% buyer’s premium applies to all purchases.
Terms & Conditions of Sale: The following conditions constitute the complete terms and conditions for items offered by Michael Hoffman, Auctioneer, and Hoffman Auctions. Participation in the auction through bidding signifies agreement to these terms. Any announcements made before or during the auction, whether announced orally or displayed, form part of this agreement. By accepting a bidder card, number, or completing online registration, you acknowledge and accept these terms. Bidders are solely responsible for their actions, including errors such as bidding on the wrong lot. The auctioneer is not responsible for any mistakes made by the purchaser.
Buyer's Premium: A 10% premium will be added to the final bid price (hammer price) of each item, forming the total purchase amount. This fee applies regardless of the payment method. For example, a $100 bid will result in a $110 total charge.
Method of Payment: For high-value items or titled vehicles, such as vehicles or trailers, payments are restricted to wire transfers or cash. Invoices exceeding $2,500 require payment via cash or wire transfer only. Invoices under $2,500 can be paid in cash or via Visa or Mastercard, but chargebacks are not permitted. The auctioneer may require a wire transfer as payment to ensure transaction security. All sales are final, and items are sold "As Is," without any guarantees or warranties on their condition. No refunds will be issued.
Terms of Payment & Transfer of Title: The auction's conclusion marks the final sale, binding the buyer to the purchase under these terms. Payment is due at the conclusion of the auction or as otherwise agreed upon with the auctioneer. The purchaser assumes full responsibility at the fall of the hammer and agrees to pay the total amount due within the specified time frame. Buyers are advised against initiating chargebacks, and any disputes should be addressed directly with the auction company. Unauthorized chargebacks will attract a $50 administrative fee. Ownership and title do not transfer to the buyer until all payments and fees are paid in full.
Non-Payment: If full payment is not received by Michael Hoffman, Auctioneer within three (3) days following the sale, through cash or verified wire transfer, the following measures may be taken: (a) applying a late fee of 1.5% per month on the outstanding amount; (b) initiating legal action to recover the total due plus interest, legal fees, and costs; (c) canceling the sale; (d) reselling the item with terms set by us and charging the defaulting buyer for any shortfall and related costs, including commissions on both sales; (e) barring the buyer from future auctions; and (f) taking other actions deemed appropriate. Defaulting buyers also grant us a security interest in any of their property in our possession as collateral security. Payment will not be deemed complete until funds have been collected and confirmed as authentic by Michael Hoffman, Auctioneer.
Withdrawal: Michael Hoffman, Auctioneer reserves the right to withdraw any item from the auction at any time before the sale is finalized for any reason.
Protests, Disputes, and the Auctioneer: Michael Hoffman, Auctioneer, and Hoffman Auctions reserve the right to reject any bid. The highest bid acknowledged by the auctioneer will secure the purchase. In case of a dispute, the auctioneer has the sole and final discretion to resolve the issue, which may or may not include re-offering and reselling the item in question. Our records will be considered conclusive in any dispute following the sale.
Failure to Deliver Purchaser's Property: If Michael Hoffman, Auctioneer, and Hoffman Auctions are prevented by fire, theft, or any other reason from delivering an item to the purchaser, our liability is limited to the amount actually paid by the purchaser, with no additional or consequential damages.
Catalog and Descriptions: All statements made by Michael Hoffman, Auctioneer, and Hoffman Auctions in the catalog, or made orally or in writing elsewhere, are opinions and should not be relied upon as factual statements. Every effort is made to accurately catalog and photograph lots, but liability for accuracy in descriptions, images, or estimates is not assumed. Sizes and weights are approximate. The absence of any reference to the condition, or the buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or free from wear and tear, imperfections, or the effects of aging. Estimates of the selling price should not be relied upon as indicators of the item's value or final selling price. Neither Michael Hoffman Auctioneer, and Hoffman Auctions nor the seller are responsible for any errors or omissions in the catalog or any supplemental material.
Buyer's Responsibility: Prospective buyers bear the responsibility for personally inspecting or verifying satisfaction with lots of interest. By placing a bid, you signify that you have either inspected the lot to your satisfaction or chosen not to. For absolute certainty, especially regarding authenticity or condition, consider consulting an independent expert before bidding. It is the bidder's duty to determine all relevant factors about the lot. Pre-bid inspections are strongly recommended.
Guarantee: All items are sold "AS-IS" with no warranties or guarantees provided. All sales are final, with no returns or exchanges. Catalog descriptions represent opinions, not factual statements or guarantees, and errors in descriptions are possible. Viewing items personally or consulting an expert is advised, as condition statements are subjective opinions, not factual guarantees. Items offered for sale, as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere regarding authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition, are qualified statements of opinion and not representations or warranties. No employee of Michael Hoffman, Auctioneer, and Hoffman Auctions, or any person purporting to act on their behalf, is authorized to make any representation or warranty, oral or written, with respect to any lot or item for sale.
Absentee Bidding: Michael Hoffman, Auctioneer, and Hoffman Auctions offer absentee bidding as a convenience, without establishing an agency relationship with bidders. The auctioneer's primary duty is to the sellers, and there is no obligation to disclose the ownership of any auctioned item. Absentee bids are executed as if the bidder were present, with no liability assumed for execution failures.
Reserves: Certain lots may have a reserve price, the minimum threshold below which the lot will not be sold. Michael Hoffman, Auctioneer, and Hoffman Auctions retain the right to disclose or not disclose the reserve amount. We may also bid on behalf of the seller for lots under reserve to reach the minimum selling price.
Telephone Bidding: Telephone bidding is not offered for this auction.
Shipping: Shipping may or may not be available for this auction. Bidders are advised to review the auction listing for specific shipping information. If shipping is offered, it will either be handled directly by Michael Hoffman, Auctioneer, and Hoffman Auctions, or by external shipping companies with their own insurance policies. Claims for loss or damage should be directed to the respective shipping contractor. All shipping costs, including packing materials, insurance, and handling fees, are the purchaser's responsibility. For firearms, a licensed FFL will manage paperwork and shipping to the purchaser's FFL, with all associated costs borne by the purchaser. Items must be insured and require signature confirmation. Unclaimed items within 20 days revert to Michael Hoffman Auctioneer, and Hoffman Auctions' ownership. Our packing service is billed at $60/hour plus material and shipping costs. Full payment for shipping and handling must be received before release. We assume no liability for international shipment losses or damages, and tracking or insurance may not be available for all services. All shipping claims must be filed within three business days of delivery. Unpaid shipping invoices within 24 hours will be charged to the registered credit card. Tracking for firearm shipments is not provided to prevent unauthorized redirection.
Auctioneer Recognition of Bids: The auctioneer will consider bids from various sources, including the live audience, online platforms, absentee bidders, and, where applicable, phone bidders. Bidding increments are at the auctioneer's discretion, aiming to best serve the seller's interests. If an in-person bid matches an online bidder's maximum, the auctioneer's acknowledged bid prevails, irrespective of the timing of bid submissions.
Technology Issues: If technical difficulties, such as software malfunctions or internet disruptions, arise post-lot closure, we reserve the right to reopen affected or all auction lots for additional bidding. In the event of a major outage during the auction, Michael Hoffman, Auctioneer, and Hoffman Auctions may decide to reopen the entire auction and extend the closing to a future date and time. In such cases, previously "closed" lots will be reopened for further bidding. Only in the absence of internet outages, service interruptions, or computer software issues will a "closed" lot be considered "sold." The auction company will invoice the winning bidder as confirmation that the lot is sold. We are not liable for missed bids or software failures, and registered bidders will receive email updates as necessary.
Disputes under This Contract: In case of disputes arising from auction participation or transactions, except for non-payment by the purchaser, both parties agree to first seek mediation, with mediation costs borne solely by the purchaser. If mediation fails, disputes will proceed to binding arbitration in Fairfield County, Ohio, following American Arbitration Association standards. Any initiated legal action without prior written notice disqualifies the claimant from recovering attorney's fees. If the purchaser fails to make full payment, Michael Hoffman, Auctioneer, and Hoffman Auctions may proceed directly to court. All legal actions are confined to Fairfield County, Ohio. Participation in the auction signifies agreement to these dispute resolution procedures. No lawsuit shall be filed until all mediation and arbitration proceedings are completed in good faith.
Limitation of Liability: All property is sold "As Is" and "Where Is," with no warranties or representations made by Michael Hoffman Auctioneer, and Hoffman Auctions, or the consignor/seller regarding the title, condition, merchantability, or fitness of the property. Descriptions, including those about genuineness, attribution, provenance, or period, are provided as opinions and not guaranteed. Michael Hoffman, Auctioneer, and Hoffman Auctions expressly deny any warranty of fitness for firearms and ammunition, which are sold solely as collector's items. It is strongly recommended that a competent gunsmith evaluate these items before use. We do not offer grading on any items and disclaim any guarantees related to grading. By participating in this auction, the purchaser acknowledges that Michael Hoffman, Auctioneer, and Hoffman Auctions shall not be liable for any direct, indirect, incidental, or consequential damages arising from the purchase. Additionally, no representation or warranty is made regarding whether the purchaser acquires any copyrights or other intellectual property rights in the lots sold, or whether a work of art is subject to the artist's moral rights or other residual rights of the artist.
Load Out: Item pickup is available by arrangement, but not on auction day. Storage is not provided. Buyers are responsible for their own loading arrangements and must bring their own moving personnel and equipment if needed. We do not assist with loading. Items not collected within the specified timeframe will be considered forfeited unless alternate pickup or shipping arrangements are made.
Caution: Items may be presented together for demonstration purposes but are sold individually. Bidders should verify lot contents based on descriptions, not just visual pairings. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions carefully.
Catalog Discrepancies: Bids should be based on item descriptions, not photographs, as images may not always accurately depict items or colors, and occasional photo mismatches can occur. Always read the item description carefully.
Choose Wisely: All sales are final. We strive for customer satisfaction with their purchases. However, responsibility for bidding mistakes cannot be shifted to our clients or the auction company. If you bid on an incorrect item or later deem it unsuitable for your intended use, we cannot assume the costs of these errors. In cases of uncertainty regarding an item's condition, completeness, or suitability, we urge you to bid with caution. The onus of bidding decisions rests entirely with the bidder.
Abandoned Lots: Items not fully paid for and collected within 30 days from the sale will be considered abandoned, except where prior arrangements have been made with Michael Hoffman, Auctioneer, and Hoffman Auctions. Abandoned items will not qualify for refunds under any circumstances and will be disposed of at the discretion of Michael Hoffman, Auctioneer, and Hoffman Auctions. The buyer may incur disposal fees. This policy underscores the importance of adhering to payment and pickup deadlines.
Additional Terms: The auctioneer holds the authority to modify the auction inventory, including adding or withdrawing items, adjusting lot compositions, and setting or altering reserve prices and minimum bids. We also reserve the right to alter auction operations, including cancellation, suspension, extension, or rescheduling of items or the entire event, along with adjustments to viewing or collection schedules. Registration for the auction implies consent to join Michael Hoffman, Auctioneer, and Hoffman Auctions' mailing list, though you may opt out at any time.
