1. All items are sold “as is”, and neither Burns Auction Service, LLC nor the items 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, you agree to these Conditions of Sale.
2. There is no charge to receive a bidder number to participate in our auctions, but Burns Auction requires a valid, state issued identification card as well as a major credit card as credit information, or a cash deposit.
3. Buyers Fee Schedule:
- Buyers Premium is 15% Credit Card and 13% Cash / Pre-Approved Check.
- 18% buyers premium applies to all Internet sales.
A buyers premium will be added to bid prices and is payable by the buyer as part of the total purchase price.
- Absentee and live phone bidding accepted. Either by calling our office or by clicking here to use our absentee bid form.
- All phone bids will be subject to a $5.00 handling fee per call. Burns Auction Service offers absentee / phone bidding as a convenience, and shall not be held responsible for errors or failure to execute any phone or absentee bids.
4. It is understood by the Bidder and Consignor that The Auctioneer and Burns Auction Service are acting solely as the seller's agents.
5. 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.
6. Burns Auction 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.
7. Burns Auction makes every effort to provide accurate descriptions and commentary given to buyers prior to bidding; however Burns Auction 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. Employees, consignors, or any other representative of Burns Auction 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.
8. Absentee Bids are accepted at Burns Auction's discretion. Phone bids are accepted at the Burns Auction’s discretion. Buyers registering for phone or absentee bids must do so before 11 am the day of the auction. Burns Auction will not be held responsible if we are unable to reach those wishing to bid by phone. Burns Auction shall not be held responsible or liable for absentee bids that are missed or otherwise not executed.
1. 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.
2. 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.
3. Auctioneer reserves the right to accept bids in any increment he/she feels is in the best interest of their sellers. 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 seller.
4. 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.
5. 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.
6. All State and Federal laws will be observed concerning the sale of handguns. If you are not a resident of the State of Oregon, you must have a current Federal Firearms License to take delivery of firearms, or have an FFL holder in your state take delivery of firearms for you. Firearms purchases are subject to a background-check fee.
7. 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.
8. Burns Auction 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.
9. Burns Auction will make an honest attempt to disclose any imperfections in 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 in prior to bidding whether any imperfections we disclosed ahead of time.
10. 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.
11. If bidding online, the buyer is advised that all submitted bids are final and binding regardless of buyers input errors. Burns Auction does not accept liability for technology, website or Internet failure, or unforeseen circumstances that may influence the execution of online bids.
1. Burns Auction’s accepts the following methods of payment: Visa, MasterCard, Discover, and American Express pre-approved check or cash. 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.
2. A buyer's premium may apply to designated auctions. All items must be paid in full before they leave auction premises. Burns Auction reserves the right to withdraw any property at any time before and during actual sale.
3. The buyer is responsible for transporting items from the Burns Auction Facility immediately after the auction at their own risk. Items not collected from the auction facility within 5 days of the auction become the property of Burns Auction.
4. Burns Auction LLC may, at our discretion, hold your items until check or credit card funds clear. If payment is not received within 5 business days, Burns Auction reserves the right to cancel sale and resell the items. Failure to provide payment will result in revoking the buyers right to participate in future sales with Burns Auction.
5. By participating in an auction either in-person, online by absentee or telephone bid, you agree to be bound by these terms and conditions.
6. All items are sold “as is.” Burns Auction does not offer refunds. In rare cases, we may make exceptions at managements discretion. Please carefully view the property at our preview prior to auction start-time before you bid. No employee of Burns Auction 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.
7. 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.
Questions or comments concerning Burns Auction’s Terms and Conditions can be directed to Debra Burns using our contact form or by calling us at: 407-592-6552.