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Terms & Conditions


PLEASE NOTE: All bidders at McClain Auctions acknowledge that they have read these terms and conditions of sale and agree to be bound thereby. If you do not understand any of these terms or conditions, please ask a staff member for clarification before registering. A 15% BUYERS PREMIUM WILL BE ADDED ON ALL LOTS PURCHASED

  1. Identification - All purchasers are required to have a Bidder Number to bid and shall supply McClain Auctions with their full name, address and telephone number.

  2. Addition to or withdrawal from sale - The Auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in bulk.

  3. The auctioneer has the right at her absolute discretion to refuse any bid. The highest bidder shall be the buyer at the hammer price.

  4. Dispute between bidders - If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.

  5. Condition of items sold - The auctioneer shall not be responsible for the correct description, authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold as is, where is and without recourse.

  6. Manner of payment - All lots are to be paid in full by cash, wire transfer, approved check, MasterCard or Visa. Auctioneer reserves the right to hold merchandise until a buyer’s check clears and reserves the right to not accept a check. There will be a $25.00 service charge for any check returned from the bank for any reason. Checks should be made payable to McClain Auctions. McClain Auctions invoices include buyer's premium and any applicable sales tax. We accept cash, wire transfer, cashier’s checks, personal local checks (WITH Hawaii Driver’s License, State ID or Military ID), MasterCard, and Visa.  Processing fees for credit card and Wire Transfer payments may apply.  Any other form of payment must be approved prior to auction.

  7. Shipping: Winning bidders are responsible for all costs to ship their items. Shipping is not included in the price of your auction item(s). McClain Auction does not do shipping but is able to recommend shippers for you to work with on item(s) you purchase.  Removal for all items that will be shipped must be removed within one (1) week from the date of the auction, unless other arrangements have been made.  The shipping company must coordinate with McClain Auctins for pick-up for items to be shipped.

  8. Removal:  shall be at the expense, liability, and risk of the purchaser. Purchases will be delivered only on presentation of paid invoice.

  9. For In State Auction Bidders: purchasers will have one (1) week from the date of the auction for removal by appointment only.  Please call (808) 782-9922 to schedule an appointment.  Purchasers requiring additional removal time will be assessed $25.00 per hour of additional access.  Auctioneer shall not be responsible for goods not removed within the time specified. Items not removed during the above removal times will be deemed abandoned at the discretion of McClain Auctions.  Abandoned items are forfeit, and Auctioneer shall have the option of reselling at the expense and risk of the purchaser any article purchased. and no refunds will be made.  NO LOT MAY BE TAKEN FROM MCCLAIN AUCTIONS UNTIL CHECKED OUT BY AUCTION STAFF.

  10. All measurements and sizes - are approximate.  If not stated please call (808) 782-9922 for further information.

  11. Minimum bids – There are no minimums, no reserves.

  12. Claims - No claims will be allowed after goods are removed from premises.

  13. Personal and property risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor her principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.

  14. Records - The record of sale kept by the auctioneer and clerk will be taken as final in the event of any dispute.

  15. All lots - ALL ITEMS ARE SOLD "AS IS, WHERE IS" AND ALL SALES ARE FINAL WITH NO GUARANTEE IMPLIED.  While descriptions given are believed to be correct, prospective bidders are required to inspect the property carefully before bidding.  NO ADJUSTMENTS CAN BE MADE ONCE AN ITEM HAS LEFT THE PREMISES.

  16. This sale is being conducted pursuant to Section 2328 of the Uniform Commercial Code and Section 530.5 of the Penal Code.

  17. Additional terms and conditions - Any additional terms or conditions of sale, added by auctioneer, shall be announced prior to auction.

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