Terms & Conditions of Sale

These Terms and Conditions of Sale constitute an agreement between Schultz Auctioneers (representing its consignors) and the bidder regarding the sale of items. By bidding on an item, you acknowledge that you have read, understood, and accepted these Terms and Conditions.

1. Bidding Information and Online Registration Requirements

1. Auction Formats: Schultz Auctioneers conducts both live and online auctions, often concurrently. By placing a bid, you enter into a binding contract of sale with Schultz Auctioneers.

Bidding Options:
Schultz Auctioneers offers several bidding options to accommodate all participants, including live in-person bidding, absentee bidding, and online bidding.

 Live Bidding:

• In-Person Bidding: Attendees can participate in live auctions by registering at the auction house on the day of the event. Bidders must check in at the registration desk to receive a bidding paddle or number.

• • • All in-person bids are executed in real time, and the auctioneer has sole discretion in acknowledging bids. Bidders should raise their paddles clearly to signal their bids to the auctioneer.

• Live Online Bidding: For those unable to attend in person, Schultz Auctioneers facilitates live online bidding through its website and platforms like Live Auctioneers and Invaluable.

• • • To participate in online bidding, you must register in advance and create an account on the respective bidding platform. Ensure that your account is verified prior to the auction day to avoid any last-minute issues.
    • Online bidders can view the auction in real time and submit bids as the auction progresses. Please note that internet lag may affect the timing of bids; therefore, it's advisable to place bids early to avoid missing out.

• Absentee Bidding: If you cannot attend the auction live or bid online, absentee bidding allows you to submit your maximum bid ahead of time.

To place an absentee bid, you must fill out an absentee bidding form, which can be found on our website or requested via email. This form should include your maximum bid for each lot you wish to purchase.

Absentee bids are executed at the lowest possible price necessary to secure the item, starting from the next lowest bid.

• Phone Bidding: Schultz Auctioneers offers the option of bidding by phone for those who wish to participate live but cannot attend in person.
• To arrange a phone bid, contact Schultz Auctioneers at least 48 hours before the auction to schedule. Phone bids are accepted on a first-come, first-served basis, and a minimum bid per item applies.

A staff member will call you during the auction to facilitate your bidding, but you must be available to answer the call at that time.

2. Registration Requirements:
   • All absentee and telephone bidders are required to register online. This includes providing and verifying your personal information, including your current address and a valid credit card.
   • You must agree to these Terms and Conditions as part of the registration process.
   • Online registration is specific to each auction. If you wish to bid on multiple days, you must register for each auction day individually.
   • Schultz Auctioneers reserves the right to approve or deny any registration at its discretion.
3. ID Verification: In addition to online registration, bidders may be required to submit proof of identity or provide a valid credit card for verification purposes before the auction begins, particularly for in-person bidding.
4. Bid Execution: Schultz Auctioneers will make every effort to execute all bids as received. However, we cannot be held responsible for missed bids, including those placed via online platforms. Technical issues, internet outages, or other disruptions may affect the execution of bids.
5. Bid Acceptance: The auctioneer has sole discretion in acknowledging the highest bid. Any disputes regarding the auction process will be resolved solely by Schultz Auctioneers, and those decisions will be final and binding.
6. Bidder Responsibility: Bidders are responsible for carefully monitoring their bids during the auction process. Schultz Auctioneers will not refund or rescind a sale if the winning bidder claims to have made a mistake or bid unintentionally.
7. Non-Payment Consequences: Bidders who fail to pay for their purchases or who violate these Terms may be barred from participating in future auctions. This could also jeopardize their ability to bid at any subsequent events hosted by Schultz Auctioneers.
8. Contact Information: For any questions or assistance regarding the registration or bidding process, please contact Schultz Auctioneers at info@schultzauctioneers.net or call (716) 407-3125.

2. Binding Agreement

By submitting a bid, you agree that your bid represents a legally binding offer to purchase the lot if accepted by the auctioneer. You assume personal responsibility for paying the purchase price, plus the buyer's premium, and for all associated risks, costs, and expenses, including handling, shipping, insurance, taxes, and export fees. All sales are final.

3. Item Guarantees and Condition

All items are sold "as-is" and "where-is" without warranties, express or implied. Condition reports are provided as a courtesy, but buyers are encouraged to inspect items before bidding. No statements regarding condition, value, or quality shall be construed as warranties. The absence of a condition report does not indicate the absence of condition issues. All sales are final, and no returns will be accepted.

4. Payment Terms

1. Automatic Charges: All credit cards on file with Live Auctioneers, Invaluable, and Schultz Auctioneers will be automatically charged 72 hours after invoices have been issued.
2. Payment Deadline: Full payment for purchases must be received within three consecutive days following the auction. Failure to meet this deadline may result in additional charges or penalties.
3. Payment Methods: Schultz Auctioneers accepts the following payment methods:
   • Cash: Payments made in person.
   • Check: Personal or business checks are accepted. Please make checks payable to Schultz Auctioneers and mail them to:
     • Schultz Auctioneers
     • 11177 Main Street
     • Clarence, NY 14031.
   • Wire Transfer: Buyers wishing to pay via wire transfer must ensure all associated fees are covered, and that the transfer is completed within the payment deadline.
   • Credit Cards: We accept major credit cards. However, please be aware of the following surcharges:
     • An additional fee of 3% will be applied to in-house credit card payments, encompassing the hammer price, buyer's premium, and applicable sales tax.
     • Payments made through Live Auctioneers are subject to a 3.75% surcharge on the total purchase price, including hammer price, buyer's premium, and sales tax.
     • A 4.25% surcharge applies to the processing of firearms and other high-risk items.
4. Invoices Over $5,000: For purchases exceeding $5,000, payment must be made using cash, check, or wire transfer. Credit card payments are not accepted for these transactions.
5. Non-Payment Penalties: Invoices that remain unpaid after 30 days will incur a monthly interest rate of 5%, along with applicable storage fees. Non-payment may also lead to further action, including the cancellation of sales and legal collection measures.
6. Payment Notification: If you plan to mail a check, wire transfer, or pay in person, please inform us immediately via email at info@schultzauctioneers.net or call us at (716) 407-3125 within the 72-hour window to avoid your credit card being charged.
7. Payment Clearance: Please note that checks will be held for 7-10 business days or longer until the payment has cleared. Items will not be released until the payment is confirmed. Even if funds have been withdrawn from your account, this does not guarantee they have been deposited into our account.
8. Shipping Restrictions: If paying by credit card, we do not permit shipping to an address that is not associated with the credit card used for payment. Additionally, we do not accept credit card payments for jewelry, coins, or silver unless transacted through Live Auctioneers.
9. Payment Links: Credit card payments can be made conveniently by clicking the “Pay Now” button on either Live Auctioneers or Invaluable.
10. Payment Inquiries: If you have questions regarding payment methods, outstanding invoices, or payment processing, please reach out to Schultz Auctioneers at info@schultzauctioneers.net or call (716) 407-3125.

5. Buyer’s Premium

1. Definition: The hammer price, as acknowledged by the auctioneer, represents the final sale price of each lot. The buyer's premium is an additional fee added to this hammer price, and it is calculated as a percentage of the hammer price.
2. Rates:
   • A buyer's premium of 20% will be applied to all hammer prices for lots purchased through:
     • Schultz Auctioneers’ internet platform,
     • In-house absentee bidding,
     • Telephone bidding,
     • Live bidding conducted directly at the auction.
   • A buyer's premium of 25% will be applied to all hammer prices for lots purchased through third-party internet platforms, specifically:
     • Live Auctioneers,
     • Invaluable
     • Auction Zip
3. Total Purchase Price: The total final purchase price for any lot is calculated by adding the buyer's premium to the hammer price. This total will also include any applicable sales tax and additional fees (such as credit card processing fees).
4. Sales Tax: New York State sales tax will be applied to the total final purchase price (hammer price + buyer's premium). Please refer to the sales tax section for specific details.
5. Payment Processing Fees: If payment is made by credit card, an additional processing fee will be applied, which varies depending on the payment method used:
   • For in-house payments, a 3% surcharge will be applied to the total amount, including the hammer price, buyer's premium, and applicable sales tax.
   • Payments processed through Live Auctioneers will incur a 3.75% surcharge.
6. Acknowledgment: By participating in the auction, you acknowledge and accept these terms regarding the buyer's premium, as well as the total final purchase price, which includes the hammer price, buyer's premium, sales tax, and any additional fees.

6. Sales Tax

All purchases are subject to New York sales tax unless a valid tax-exempt certificate is provided before purchase release. Out-of-state buyers without a resale certificate will also be charged sales tax if items are picked up in person.

7. Firearms and Ammunition

1. Eligibility:
   • To purchase firearms, bidders must be at least 18 years old.
   • To purchase handguns, bidders must be at least 21 years old.
   • New York State residents must possess a valid handgun license to purchase handguns and a semi-automatic rifle endorsement to purchase semi-automatic rifles.
2. Background Checks:
   • Background checks will be conducted for all firearm & ammunition purchases. Buyers picking up firearms in person must present a valid government-issued photo ID, along with any applicable permits or licenses. Buyers will be charged a small fee for the background checks.
3. Shipping:
   • Firearms must be shipped to a valid Federal Firearms License (FFL) dealer if purchased from out of state. It is the buyer's responsibility to ensure compliance with all local, state, and federal laws regarding firearm purchases and shipping.
   • Ammunition cannot be shipped to the following states unless shipped to an FFL dealer: New York, California, Illinois, Massachusetts, New Jersey, and Washington, D.C. Buyers are responsible for understanding and adhering to the laws governing ammunition purchases in their respective states.
4. Purchaser Responsibilities:
   • If a firearm purchase cannot be completed due to legal restrictions, the sale will be considered defaulted, and the buyer will forfeit any amounts paid.
5. Return Policy:
   • Due to the nature of firearms, all sales are final. No returns or refunds will be accepted based on the condition of firearms or ammunition. It is the buyer's responsibility to ask any questions or request additional information regarding any lot before bidding.
6. Surcharges:
   • A 4.25% processing surcharge will be applied to all credit card transactions involving firearms and other higher-risk items.

8. Shipping and Pickup

1. In-House Shipping:
   • Schultz Auctioneers provides in-house shipping for most items. Buyers should request a shipping estimate by emailing shipping@schultzauctioneers.net at least 48 hours prior to the auction.
   • Shipping charges will be calculated based on the weight, dimensions, and destination of the items, and these charges will be billed separately after payment for the auction items is processed.
2. Shipping Responsibilities:
   • Buyers are responsible for all costs associated with packing, shipping, and handling, including any necessary insurance. A 3% surcharge will apply if shipping costs are paid via credit card.
   • All items valued at $1,000 or more will be shipped with signature confirmation required upon delivery to ensure safe receipt.
3. Third-Party Shipping:
   • If items are too large or fragile for in-house shipping, Schultz Auctioneers reserves the right to forward items to a third-party shipping provider. Buyers may also arrange for their own shipping through a preferred service, and Schultz Auctioneers can assist with finding a suitable third-party shipper upon request.
4. Pickup Instructions:
   • Purchased items can be picked up in person at 11177 Main Street, Clarence, NY 14031. All pickups are by confirmed appointment only.
   • Buyers must contact Schultz Auctioneers 24 hours in advance to schedule a pickup appointment. Available pickup days are Monday through Friday, 9 AM to 4 PM, beginning the Monday following the auction.
5. Payment Before Pickup:
   • All items must be fully paid for before they can be released for pickup or shipping. Payments made via out-of-state checks will be held for 7-10 business days or longer until payment has cleared.
6. Storage Fees:
   • Items not picked up or shipped within 2 weeks of the auction will incur a minimum storage fee of $5 per day per lot. All storage fees must be paid before items can be released.
   • Items left unclaimed for more than 30 days after the auction date will be considered in default and become the property of Schultz Auctioneers.
7. Damaged or Lost Items:
   • Schultz Auctioneers is not liable for any damage, loss, or theft of items once they have been shipped or picked up. Buyers should obtain appropriate insurance to cover any potential risks.
8. Contact Information:
   • For any questions regarding shipping or pickup, please reach out to Schultz Auctioneers via email at info@schultzauctioneers.net or call (716) 407-3125.

9. Important Notices

Due to the fast pace of live auctions, internet connections may experience delays. Placing an absentee bid is recommended as a precaution. In the event of a bid execution failure or delay, Schultz Auctioneers reserves the right to award the lot at its sole discretion. Internet bids are treated the same as floor bids and are subject to potential lag times.

10. Breach and Remedies

Failure to make timely payment or breach of any terms may result in cancellation of the sale, resale of the lot, and collection of any remaining balances due, including applicable fees and legal costs.

11. Payment Processing

Invoices will be sent via email after the auction concludes. Payments must clear before items are released. Please allow time for payment processing. ACH Payments & Checks may take up to 10 business to clear before items are released.

12. Liability Disclaimer

Schultz Auctioneers and its consignors are not liable for any errors or delays in online bidding or any third-party services. All property is sold as-is, without any express or implied warranties. Buyers are encouraged to thoroughly inspect items and understand their bidding responsibilities.

By participating in the auction, you agree to these terms and conditions in their entirety.