TERMS & CONDITIONS - Civil War Artifacts Collection - Stephen Dotson Estate
Please read the terms carefully as they are a legal binding contract between you and Hudgins Auctions. To register and bid in this auction you must agree to these terms and are bound by them as a bidder.
All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. All items must be considered used and/or previously-owned property. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. No refunds will be issued for any reason.
Each sales transaction shall be governed by and construed in accordance with the local laws of the State of Tennessee. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and effect as if such provisions had not been included. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
Each Bidder’s determination of its bid should be based upon its own examination of the item(s) and independent investigation, rather than the any reliance as to what is represented in the Bidding Catalog, online or elsewhere. Bidder affirms that it regards any statements made by David Hudgins / Hudgins Auctions concerning the item as solely opinion and that Bidder is making its own inspection and independent evaluation of the goods, and is not relying upon any description or statements by David Hudgins / Hudgins Auctions (including as to quality, authenticity, provenance, ownership, on goods legality, or value) in making its determination to bid on or purchase an item. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW.
David Hudgins / Hudgins Auctions IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. By bidding in this sale, Bidder personally and unconditionally guarantees payment.
Items may appear to be grouped in a photo, or equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the written information and read the descriptions carefully. You are bidding on the described item not the photograph. Occasionally the wrong photo may be displayed. Contact our office if you are unclear as to what is included in a lot. Auction team members made an effort to showcase the items selling in each lot in each photo related to the lot.
Due diligence is the responsibility of the Bidder/Buyer. All sales are final – no credit card chargebacks will be allowed. Buyers assume complete responsibility for care of each purchase at time of sale – that is when the bidding ends on our website and you are the high bidder.
We reserve the right to refuse service to anyone.
The most recent correspondence with buyers via email or our website take precedence over written and/or printed material, posted information on the Internet.
The auction company is not responsible for accidents, thefts, errors or omissions.
The auctioneer reserves the right to add or remove items from the auction, to split or combine lots, to add minimum bids or reserve prices, to cancel, suspend, extend or reschedule an individual item and/or auction event, or to make changes to the auction closing, inspection, or removal times. (at the direction and to the benefit of the Seller / Client)
BUYERS PREMIUM: A buyer’s premium will be added to each purchase. Buyer’s premium is 15% unless stated otherwise. If you bid $100.00, at checkout you will be charged $115.00. Each and every time you place a bid, you are required to confirm and agree to the bid.
AUCTION INFORMATION
AUCTION CLOSING: The closing time of this auction will be listed within the auction information page of our website. The published “Bid-Ending Time” is a START TO END time; online auctions with multiple lots can take over an hour to end.
Our auctions feature EXTENDED BIDDING. Bidding will extend on a lot for 60 seconds past the closing time of that individual lot if a bid has been placed on that lot within the last 60 seconds of the auction. That lot will remain open until there are no bids on that item during the extended time. This only affects lots with last minute bids. Any lot not bid on in the last 60 seconds will close as scheduled. Once the timer runs out, the lot will close. If you are unsure how much time is left to bid on an item, you can check the countdown timer for the lot you are interested in. Extending the end time for an item does not change the end time of the following item, so lots may end out of sequence.
There are occasions when we use Extend all bidding in an auction. In this case, ALL OR MULTIPLE lots are extended if a bid is placed in the last 60 seconds of the auction.
This auction features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You will receive outbid notices via email, but you can also choose to have them sent to your cell phone via text message. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Please remember, you can always raise your max bid, but you CANNOT lower it. Be aware of this while bidding. If you have any questions please call us at 931-994-7144.
Bids will be placed in the order that they are received. If 2 buyers enter a max bid of the same dollar amount, the buyer who entered his/her max FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that same amount and so their bid was placed into the system ahead of yours. The best way to know if you are outbid is to check your email as you should get an email every time you are outbid.
You will receive outbid notices via email. When registering for your online bidding account, you can choose to have them sent to your cell phone via text message as well. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it.
David Hudgins, Auctioneer / Hudgins Auctions is NOT responsible for Internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing.
Email Responsibility: In order to register to bid in any online auction, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact our office if you are not receiving proper emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others.
Your Bidding Profile – When you register to bid with Hudgins Auctions, you must create a bidding profile. This profile contains your personal information – you can always view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you. We are not responsible for emails being delivered to your Junk/Spam folder, or for your email address being wrong in our system. If you need help logging in or resetting information in your profile, contact our office.
PAYMENT
All accounts must be settled by the conclusion of the auction. We accept Visa, MasterCard, American Express and Discover cards, cash, cashier’s check, wired money or in-state personal check (PHOTO ID REQUIRED). Cash and/or check will only be accepted in person at the Pickup. No out of state checks will be accepted. Payment must be made prior to receiving / loading items. Each transaction necessary to collect insufficient funds will have a $25 fee imposed.
Any invoice over $1,000.00 will require cash, wire transfer or certified funds unless otherwise arranged with Hudgins Auctions prior to end of sale. Credit/debit cards will not be accepted for invoices over $1,000.00.
No credit card charge backs will be allowed. NO refunds will be given.
Hudgins Auctions will charge Purchase Price and Buyer’s Premium on each item won.
If purchases are not settled within 5 business days of the close of the auction, they are considered in default.
Payment must be made prior to release of items won. You cannot pickup any items that have not been paid for in full.
Once you’ve paid, Hudgins Auctions will send you an invoice via email with confirmation of items won, the purchase total and applicable fees as well as the pickup address / location. You MUST bring your paid in full invoice (printed or digital) with you to claim your items. It is your responsibility to ensure you have your invoice before pickup time. Invoices do not automatically generate; please allow us time to create and email them. Invoices will be sent no later than 7:00 p.m. on the day before Pickup.
Titles, if applicable, will be disbursed on the auction Pickup day ONLY IF payment is made in cash. Otherwise, titles will be processed and mailed 14 days after the auction Pickup, contingent upon confirmed payment.
PICKUP DAYS
Winning Bidders must pick up their items at the time specified on their invoice or scheduled appointment. This is the ONLY TIME that Pickup will be offered for this auction so pay close attention to the day and time. Pickup times will be determined after we know how many winning bidders there are, but before invoices are emailed. Any items left after the specified load out date will be considered forfeited. You will need to bring your own tools, packing materials, moving equipment, and manpower.
The specific times that are listed for pickup are the strict start and end times. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. You need to arrive in time to pack and remove ALL your items before the end of pickup.
If you are unable to pick up at the time listed on our website, you must contact auctioneer.
The exact start and end times of Pickup will be relayed to winning bidders via email with paid invoice. You are responsible for ensuring you have your paid invoice. Our office will not assume responsibility for emails that did not arrive at your server.
Any item(s) remaining after 30 days of auction close are considered forfeited and become property of Hudgins Auctions. No refunds will be given. Any item(s) remaining on sale site after pick-up are also subject to forfeit with no refund given.
Items may only be removed upon receipt of payment in full. Paid in full invoice must be presented by buyer or assigned representative prior to loading items.
If there is ANY damage done to an individual item or the pickup location due to the attempted removal of an item, the buyer assumes full responsibility for the damages incurred while retrieving his/her item.
SHIPPING: Shipping may be accommodated. PLEASE NOTE not all items will be eligible for shipping; it will be on a per item basis. If you would like to request shipping for an item, you may contact our office before bidding to see if there are any arrangements that can be made. There will be no international shipping available. Our first priority is to deliver your new purchase in excellent condition. The auction company - through the United States Postal Service, FedEx or UPS - can arrange packing, postage, and insurance. Buyer will be solely responsible for any and all shipping costs including pickup fees, postage fees, packing, handling, tracking, insurance and any other associated costs. Packing, postage, and insurance options can be discussed before shipping but not before the items arrive at our office. You may receive communication from a local “Pack & Ship” company regarding payment and delivery.
All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Hudgins Auctions may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Hudgins Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Buyer should be aware that there will be several people that may handle each item during the Preview. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL.
There will be no international bidding/shipping available.
Bidders who bid online understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Hudgins Auctions shall endeavor to describe in detail each item and any pertinent information about it. Hudgins Auctions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Hudgins Auctions is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Hudgins Auctions or anyone else if the Internet service fails to work correctly before or during the Online Auction. Hudgins Auctions will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction ends. Hudgins Auctions reserves the right to withdraw or re-catalog items in this auction.
The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected entered a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder.
The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.
Titles, if applicable, will be disbursed on the auction Pickup day ONLY IF payment is made in cash. Otherwise, titles will be processed and mailed 14 days after the auction Pickup, contingent upon confirmed payment.
Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.
Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.
