TERMS & CONDITIONS Updated May 2016 Gateway Gallery Auction Inc. will offer the property described in catalog, salesroom notice or by announcement, for sale on behalf of various consignors. Unless otherwise indicated, Gateway Gallery Auction Inc. will offer all property as agent for the seller. These TERMS AND CONDITIONS OF SALE set forth below constitute the complete and exclusive statement of the terms and conditions on which all property is offered for sale. Gateway Gallery Auction Inc. reserves the right to vary terms of sale and any such variance shall become a part of these conditions of sale. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer agrees to be bound by these conditions of sale. 1. Valid Photo ID and telephone number are required for customer to secure bid number. 2. The auctioneer will be the sole determinant as to who is the successful bidder. The auctioneer has the right to reject any bid. In the event of any dispute, under extreme circumstances, the auctioneer has the right to reopen bidding on a sold lot. 3. Once an item is sold by the Auctioneer, the buyer assumes full risk and responsibility for said items. Gateway Gallery Auction is not responsible for lost or stolen merchandise. 4. Everything is sold "as is" unless announced otherwise. 5. A buyer's premium will be charged. 6. All items purchased today must be paid for today, unless other arrangements are made at the front office. 7. Audio recordings are made of the auctioneer at each auction. Any dispute over bid price, condition or terms given by auctioneer will be settled by reviewing the audio. The auctioneer's word is final. 8. Surveillance cameras are positioned in the lobby and all galleries. Shoplifters will be prosecuted. Payment Policy 9. Unless exempted by law, all purchases are subject to a 6% Pennsylvania state tax (this is also applicable to out-of-state buyers who pick up their purchases in Pennsylvania). PA law requires that ALL DEALERS must have a current signed PA Department of Revenue Sales and Use Tax Certificate of Exemption on file with us (required annually for in-state; per auction for out-of-state) 10. 13% Buyer’s Premium will be charged for in house bidders. 18% Buyer’s Premium for bidders utilizing our online bidding platform. Buyer’s Premium discounted to 10% for cash or approved check for in-house bidders. 11. All items purchased today must be paid for today, unless other arrangements are made at the front office. 12. Acceptable forms of payment are cash (in house only), approved check, bank wire transfer, MasterCard/Visa/Discover, or personal check if customer is known to Gateway Gallery Auction Inc. We reserve the right to require bank checks for purchases over $5000.00. Online bidders may pay through PayPal or the online invoicing system WePay provided by Invaluable/AuctionZip. 13. Buyers not known to us who wish to write a check must provide a “letter of guarantee” from an officer of your bank on original stationary to Gateway Gallery Auction. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at the time of registration. Credit arrangements must be made prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer’s number or to withhold merchandise if appropriate credit has not been verified. 14. All deliveries are subject to “good funds”; funds being received in Auctioneer’s account before delivery of the Purchases; and all payments are subject to a clearing period. Auctioneer reserves the right to determine if a check constitutes “good funds”. Checks drawn on a US bank are subject to a ten business day hold, and thirty days when drawn on an international bank. 15. All returned checks are subject to a $50.00 service charge. 16. Any accounted not paid in full within 30 days of the sale date will be subject to a 2% monthly finance charge. The purchaser shall be liable for all fees and costs associated with the collection of balance due, including attorney fees. Absentee Bid Policy 17. As a convenience to clients, if you cannot attend an auction, you may leave an Absentee Bid. All Absentee Bids are bid competitively. 18. Buyer’s that leave absentee bids with Gateway Gallery Auction staff in person, online or by phone, a buyer’s premium of 13% will be added to successful bid price and is due as a part of the total purchase price. If paying buy cash or approved check, applied buyer’s premium is 10%. 19. Valid credit card information (Visa, MasterCard, and Discover) is required to secure your absentee bid. 20. Absentee bids not uniform to the auctioneer raises will be rounded up to the next bid increment. 21. Bids submitted by telephone or email must be received by Noon of the day preceding the auction. We will accept absentee bids in person up to the time of the auction. 22. In the event of identical absentee bids, the earliest received will be recorded as the highest. 23. We are not responsible for lost or unexecuted Absentee Bids. 24. We will notify all successful bidders by phone or email within 2 to 3 business days of the auction. 25. Payment of successful Absentee Bids must be made within 2 business days of notification of winning bids. Non-Paying Bidder Policy 26. A Non-paying bidder is a person who wins the auction through the bidding process but does not follow through with the transaction. By using our online bidding platform, bidders agree to all terms and conditions of auction. 27. As a bidder, if you have the highest bid and the auctioneer strikes the item down to you - you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as unannounced severe condition problems or clear typographical errors. 28. Bidders who fail to fulfill their obligation to purchase the item(s) they have won through the bidding process will be banned from participating in any future auction. In addition, non-paying bidders will be reported to the online bidding platform; as well as being reported to other auction companies through the National Auctioneer’s Association, Pennsylvania Auctioneer’s Association and any Auctioneer’s association in the state which bidder resides. 29. Any bidder failing to pay for shipping costs due to third party shipper, within two weeks of sale date, surrenders items to Gateway Gallery Auction Shipping Policy 30. Gateway Gallery Auction does not have a shipping department. As a courtesy to our buyer’s, we provided limited packing and shipping for small, easy to box items. Items packed by our staff will be shipped USPS priority mail, insured for bid price of item. Gateway Gallery Auction assumes no responsibility for acts or omissions in such packing or shipping by Gateway staff or other packers or carriers, whether or not recommended by Gateway Gallery Auction Inc. 31. Buyer’s purchasing large lots, heavy or odd size items or items that we cannot readily pack in house, are responsible for arranging shipping of their items. 32. All packing/shipping costs are the sole responsibility of the buyer. 33. Purchases will be released to the shipper when they are paid in full to Gateway Gallery Auction. 34. Payment for shipping is made directly to the shipper. Please notify us within one business day if you wish to arrange pick-up of your items. 35. Purchases held until “good funds” are received will be shipped via USPS registered mail. Buyer is liable for shipping and handling fees. 36. Lots won will be shipped in a reasonable time after payment in good funds for the merchandise and shipping fees is received. 37. The only shipping company in Chambersburg, Pa is the UPS Store. For shipping quotes, please contact them directly. Be sure to include the sale date, lot number and/or item name. You should be aware that for large, heavy and/or valuable items, shipping charges can be substantial. UPS Store Wayne Avenue Chambersburg, PA 17202 (717) 267-2700 Refunds 38. Refunds will be given at the discretion of the auctioneer. Request for refunds in regards to condition for items purchased in person at the gallery must be made as soon as possible and before those items leave the gallery. 39. Refund requests, on the grounds of authenticity, must be made within 15 days of the auction. Request must be accompanied by at least one supporting statement in writing from an authority recognized by the auctioneer. 40. Absolutely no refunds will be made after 15 days of the auction date. 41. Do not return any item until a refund authorization has been obtained from Gateway Gallery Auction. 42. Unless prior arrangements have been made with Gateway Gallery Auction, any merchandise not removed within two weeks of sale date will be subject to a monthly storage fee; any merchandise not removed within 60 days of the sale date will be considered abandoned and will be disposed of as seen fit by Gateway Gallery Auction. 43. These terms and conditions, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in the commonwealth of Pennsylvania. Firearms PA state law requires background checks. If you are interested in purchasing firearms, read the following information 1. All firearms made after 1898 or for which modern commercially made ammunition is readily available must be transferred by a federal firearms licensed dealer (FFL). 2. Gateway Gallery Auction Inc. is a FFL holder. Transfers will take place at Gateway Gallery Auctions located at 643 Kriner Road, Chambersburg, Pa 17202 3. The cost of a transfer is $15 per gun. This fee will be waived for in house bidders only. 4. All payments and transfers of guns must be made within 5 business days of the auction. 5. Long guns may be transferred to Pennsylvania and out of state residents who pick up the firearm in person upon completion of the required Federal/State forms and the Approval of the PICS (Pennsylvania Instant Check. Buyers must have a current PHOTO driver’s license or Identification card from their state of residence. Long guns being shipped out of state must be shipped to an FFL dealer in the buyer’s state of resident for pick-up as stated below. 6. Hand guns may be transferred to Pennsylvania residents who pick up the firearm in person upon completion of the required Federal/State forms and Approval of the PICS (Pennsylvania Instant Check). Buyers must have a current PHOTO driver’s license or Identification card from their state of residence. Out of State buyers must arrange with an FFL dealer in their home state to transfer the handgun under the laws of that state. The out of state dealer must send a signed copy of their FFL to Gateway Gallery Auction for the handgun to be shipped to that dealer for transfer. Out of state dealers should send a signed copy of their FFL to: Gateway Gallery Auction Inc. 643 Kriner Road Chambersburg, PA 17202 Fax: (717) 263-0188 Email: heather@gatewayauction.com 7. It is the sole responsibility of the buyer to make sure that they know their ability to pass a background check and to know the laws of their home state regarding firearms. NO REFUNDS will be given for failure to pass a background check or for not being able to receive your purchase due to the laws of your state or local jurisdiction. You will be required to pay for the firearm. The firearm will then be placed in a future auction with you as the consignor. 8. License Holders: Buyers who have a current FFL or Curios & Relics (C&R) license must bring a copy of their license for guns to be eligible for transfer. Licenses must be signed in front of staff. 9. Gateway Gallery Auction has the right to refuse transfer to any persons suspected of trying to make a straw purchase. 10. PA does not accept carry permits as proof for instant approval. PA residents with a carry permit must complete required paperwork and be approved by the PICS system. Payment of Firearms 11. Please read carefully the payment policy stated in Terms 9 through16. 12. Online buyers of Firearms may not pay through WePay - Invaluable/Auctionzip payment system (due to their company’s internal requirements). Shipping of Firearms 13. We cannot ship any firearms unless it is to a licensed dealer in your state. Make sure that the licensed dealer notes your name or buyer # when they send the license (this avoids confusion and potential for error). Once you have sent the FFL, please contact our offices to make sure we have received it. 14. All guns will be shipped via UPS. UPS requires handguns be shipped overnight. 15. Buyer is responsible for all packing and shipping costs. 16. Buyer’s will be charged initially for the purchase price of the firearms including BP and any applicable tax and then charged a second time for packing/shipping. 17. Buyer’s purchasing handguns or Buyer’s in the state of Alaska – shipping charges can be substantial. 18. Lots won will be shipped in a reasonable time after payment in good funds for the merchandise and shipping fees is received. 19. Gateway Gallery Auction assumes no responsibility for acts or omissions in packing or shipping by Gateway staff. 20. These terms and conditions, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in the commonwealth of Pennsylvania.