Auction Terms & Conditions Terms of Sale
CNY Militaria & Collectibles Auctions LLC, (herein referred to as CNYMCA) Bidders participating via any bidding medium agree to be bound by these terms of sale. Prior to agreeing to the terms or executing a bid, please read all terms of sale. Executing a bid constitutes your agreement to the terms of sale and is a binding contract to purchase the lot. Auction Bidding Venues/Mediums: Internet Only
NOTE: All Invoices are sent within 72 hours of the completion of the auction. Please be patient as we compute the total with shipping cost and prepare your invoice.
Please be patient in the days following invoicing as our staff is flooded with phone calls and messages for payment and questions. We will respond as soon as we can.
1. SHIPPING: By appointment, large items may be picked up in-person in Syracuse, NY at a to be agreed upon location. Items requiring shipment will be shipped by CNYMCA in-house shipping staff or in some cases a 3rd party shipping agent for large, bulky, framed, especially fragile items, or any other item or lot at CNYMCA’s discretion. Lots transferred to our 3rd party shipping agent (UPS Store or FEDEX) are no longer in the custody of CNYMCA and therefore any loss and/or damage occurring beyond that point is not the responsibility of CNYMCA. Please allow up to 14 business days after receipt of cleared invoice payment for purchases to be packed and shipped, however we strive to ship items much faster than that. Shipping costs will be added onto your invoice after auction, so please watch for additional invoice(s) with shipping costs added onto it. Once shipped, buyers will receive their shipment tracking information by email. We only ship to the address you have on file at the time of purchase, so please have this updated prior to bidding. Domestic shipments are sent via USPS, FedEx or UPS, whichever is cheaper to save you money, and we do not charge a handling cost. International shipments are sent USPS Express, USPS Priority with Insurance, FedEx, or UPS. All Domestic shipments include tracking, insurance, and signature delivery confirmation. Insurance may be waived upon buyer’s request in writing. International shipments cannot be insured and are sent at the buyers' risk. CNYMCA must be notified of shipping claims, damage or loss within 7 days of receipt. CNYMCA assumes no responsibility for lost or damaged items sent through shipment. All shipping damage / loss claims must be processed and resolved through the organization by which they were shipped or insured. Please note that some countries charge tariffs or customs taxes to receive your items. This is independent of CNYMCA, and we therefore have no involvement or responsibility associated with said tariffs or customs taxes. If a package is returned to us for any reason beyond our control, the bidder will be required to pay for re-shipping fees.
2. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Conditions provided are only the opinion of the auction house. The bidder is ultimately responsible for determining the condition and originality of a lot. All lots and single items are sold 'as is, where is' absolutely no exceptions, warranties or guarantees', and the ultimate determination as to authenticity and condition is the responsibility of the bidder. Returns will only be accepted if CNYMCA has grossly misrepresented the item in photos and/or description. The placing of a bid will be taken as full agreement to all terms & conditions. The auction house has the right to withdraw any lot. Auctioneer reserves the right to cancel / nullify the sale of any lot sold through auction.
3. BIDDING: The method of bidding in a CNYMCA is via internet platform only through LiveAuctioneers, BidSpirit, Phone, or emailed Absentee Bids. In the event you cannot bid online, we will accept absentee bids in writing. In submitting an internet bid, the bidder agrees to all terms and conditions. There are no in-person previews available. If a bidder requires additional photos and information, please contact CNYMCA via email and we will do our best to provide it. The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced 'sold', the high bidder acknowledged by the auctioneer has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
4. BUYER'S PREMIUM: A buyer's premium of 22% applies to all bids made on LiveAuctioneers, and 20% respectively for bids made through out website or BidSpirit. Buyer's premium is added to the hammer price of each lot. The buyer's premium helps us offset costs of advertising, payment processing, and listing fees. According to New York State law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to New York state and local sales tax at the current rate of 8% when applicable.
5. PAYMENT: PAYMENT: All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. Accepted forms of payment are cash, check, USPS Money Order, and all major credit cards. Payments made via credit card or PayPal will be assessed an additional 3% fee from the payment processor. Please notify us As Soon As Possible if you plan to mail your payment in lieu of an online payment to save on this fee! Payment must be received within 7 days or CNYMCA reserves the right to deem the sale null & void and the bidder will not be permitted to participate in future auctions with us. We reserve the right to verify funds (check must clear bank) on personal checks. A $35 fee will apply to all returned checks. Invoices must be paid in full prior to shipping. Credit Card payments can also be made via Square, also subject to the 3% processing fee.
6. SALES TAX: Shipments going to New York addresses and bidders picking up in person are required to pay applicable New York state and local sales tax on all taxable items purchased. Tax-exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file.
7. RESERVE: In the instance of a reserve, the auctioneer will announce the lot being sold as 'having a reserve' in the description. The reserve will never be greater than the high estimate. If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received, we will pass the item. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
8. IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number if asked. This information will not be shared with anyone outside of CNYMCA. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. CNYMCA is not responsible for any delays or losses due to false or incorrect information provided at the time of registration.
9. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor. Auctioneer reserves the right to cancel, postpone or reschedule the auction for any reason whatsoever.
10. BID INCREMENTS: All bids must be on increment. The auctioneer reserves the right to deviate from the established increment at his discretion. Increments are as follows:
$1 - $100: $5
$100 - 300: $10
$300 - 800: $25
$800 - 2,000: $50
$2,000 - 5,000: $100
$5,000 - 10,000: $150
$10,000 - 25,000: $250
$25,001 - Greater: $500
11. DISPUTE or TIE BETWEEN BIDDERS: In the event of any dispute between bidders or a tie bid between any bidder, bidding medium or platform, the auctioneer has sole and final discretion to determine the successful bidder and award the winning bid. The auctioneer’s sole resolution of dispute is final.
12. CONSIGNORS: Consignors or agents of Consignors are not permitted to bid on their own items. This is called "shill bidding" and is illegal by both New York State General Business Law and Federal US Code. By placing your item up for auction, you have agreed to sell by the terms of the consignment agreement.
13. GENERAL TERMS & INFORMATION: Employees and associates of the auction house are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Onondaga, State of New York.
14. INTERNET BIDDING: Bidders are able to bid via the Internet on this website, BidSpirit, or LiveAuctioneers. When bidding live via the Internet, please bid quickly. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidders' behalf until your bid is either successful or exhausted. This means that if you leave an Internet absentee bid of $500, and the winning bid increment is $350, your winning bid is $350. Internet bidders may be required to agree to additional terms established by the Internet bidding venue.
15. UNSOLD LOTS: In the event that a lot goes unsold and is marked as “Lot Passed,” interested parties may purchase it after the auction has ended at the opening bid plus the buyer’s premium. Please email CNYMCA to arrange a purchase. Prices will not otherwise be discounted post-auction.
If you have any questions, please do not hesitate to reach out to us via email for clarification or more information.