Terms & Conditions

TERMS & CONDITIONS

1. OVERVIEW

The following are the terms and conditions (the “Terms”) under which You (a “Bidder” or “Buyer”) may use the website and services of Wild West Auctions, a dba of 4J Enterprises, Inc. (the “Auctioneer”, “We”, “Our”, “Us”) at online auction or online store (any or all of which are herein referred to as the “Auction Service”).
Please read these Terms carefully before accessing or using our website and services. Your use of the website and/or the Auction Service constitutes your agreement to all terms, conditions, and notices contained herein and otherwise posted on the website. If you do not accept any of the provisions of the Terms, you must not use the website or the Auction Service.

Any new features or tools which are added to the website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Auctioneer may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer and will not limit or otherwise affect these Terms.

2 USE OF WEBSITE & SERVICES

These Terms apply to all users of the Auction Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. A breach or violation of any of the Terms will result in an immediate termination of your Auction Service.

2.1 AGE & ELIGIBILITY OF USER

Our services are available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a minor, you may use our services only in conjunction with your parent or legal guardian. Further, your account, user ID and Bidder number may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to these Terms.

2.2 MATERIAL ON WEBSITE

The contents of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (“Material” or “Materials”), are protected by copyright laws, and are owned or controlled by Auctioneer or by third parties that have licensed the use of the Material to Auctioneer. Auctioneer authorizes you to view and download a single copy of the Material solely for your personal and non-commercial use. All rights in and to the Material not expressly granted to you by the Terms are reserved. Neither the availability of, nor anything contained within, the website shall be construed as conferring any license under any of Auctioneer’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

2.3 EMAIL ADDRESS COLLECTION

Our use of email addresses is strictly for contacting you directly, regarding your consignment, bid or purchase, or communicating via our email list, per your permission; any use of this private information by anyone else or for any other reason is strictly prohibited.

2.4 TECHNICAL ASSISTANCE

Auctioneer does not warrant that the website and the Auction Service will operate error-free, continuously or without interruption, or that the website or its server are free of computer viruses or other harmful content. If your use of the website, the Auction Service or the Material results in the need for servicing or replacing equipment or data, Auctioneer is not responsible for those costs.

For technical assistance relating to Wild West Auctions website use, please contact Wild West Auctions customer support at admin@wildwestauctionswyo.com. Email enquiries will be responded to within 24 hours on weekdays. Emails sent on weekends or public holidays will be responded to on the next business day.

2.5 OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

2.6 LINKS TO OTHER WEBSITES

The website may contain links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Auctioneer of the contents of such third-party websites. Auctioneer is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

2.7 USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (including, but not limited to: comments, testimonials, contest entries, etc.) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

2.8 ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on our website or in the Auction Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your item, bid or order).

We undertake no obligation to update, amend or clarify information on the website or in the Auction Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or in the Auction Service, should be taken to indicate that all information on the website or in the Auction Service has been modified or updated.

2.9 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or Auction Service, other websites, or the Internet. We reserve the right to terminate your use of the website or the Auction Service for violating any of the prohibited uses.

3 GENERAL AUCTION GUIDELINES

Auctions are presented by Wild West Auctions, a dba of 4J Enterprises, Inc., (“Auctioneer”), as identified with the applicable licensing information on the title page of the catalog or on the website. The auction is conducted under these Terms and applicable state and local law.

You are solely responsible for providing accurate information that will be used to identify you as a Bidder, and to deliver notices to you and to allow Auctioneer to contact you. If your contact information changes, then you are responsible for updating it. Auctioneer will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner or provide in a legible writing.

Your personal identifying information will be protected as per Auctioneer’s privacy policy, which is incorporated by reference into these Terms. Auctioneer may refuse to provide services to anyone at any time in its sole discretion. You will be suspended or permanently banned from this site if you provide false information when registering, such as false name or false contact information. You will also be permanently banned from this website if you are the Buyer in an auction and do not honor your auction bid.

3.1 CONDITIONS OF SALE

By bidding at online auction, placing an order through our online store, or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Terms, all matters incorporated herein by reference, and agrees to be fully bound thereby.

Before you become a Bidder, you must read the Terms. They represent a contract between Auctioneer and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Terms are controlling over these general guidelines in the event of any conflicts between their respective terms.

3.2 REGISTRATION & QUALIFICATION

All Bidders must sign up and register on our website to place an internet bid or purchase from our online store. You must be 18 years old to register, bid and/or purchase from our online store. In order to become a registered bidder, you will need to provide the following information:

 Name
 Mailing Address
 Phone Number
 E-Mail Address

Buyers may also be asked to provide a driver’s license, as proof of identity and birthdate.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Auction Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All Bidders must meet Auctioneer’s qualifications to bid. Any Bidder who is not a client in good standing of Auctioneer may be disqualified at Auctioneer’s sole option and will not be allowed to participate in the bidding process or be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. Auctioneer reserves the right to exclude any person from the auction.

NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE TERMS ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM.

As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding login and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned login. If, at any time, you feel that your Bidder login and/or password have been compromised, due to lack of security on your part, you must notify Auctioneer immediately.

3.3 PREVIEWING THE CATALOGUE

All property to be auctioned is typically on view for several weeks prior to the auction via website, and these preview times will be posted in advertising and on our website. You are encouraged to examine lots thoroughly. Auctioneer staff are available to answer questions via telephone or email.

Each Bidder’s determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in this Catalogue, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES.

Auctioneer believes the descriptions of lots appearing in all auctions and in advertising prior to the auction sale to be correct. Nevertheless, neither those descriptions nor any oral statements made by Consignor or Auctioneer concerning any lot shall be construed as a warranty either expressed or implied. LOTS ARE SOLD AS IS – WHERE IS AND WITH ALL FAULTS. BIDDER ACKNOWLEDGES THAT ALL LOTS were/are AVAILABLE for inspection PRIOR TO the auction sale and, by these terms; Auctioneer and Consignor strongly encourage Bidder to carefully inspect each lot in which Bidder has any interest. Appointments to view items in person may be arranged by contacting Auctioneer.

If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of the lot, will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties’ agreement and are a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. Auctioneer is not responsible for the actions the Consignor and the Bidders take before, during, and after the Auction Service, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment due to use of this site. Use of the Auction Service is at Bidders own risk and all content is presented as is-where is with all faults. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located in these terms and/or within each auction item’s listing.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.3.1 Owned or Guaranteed Property

Auctioneer offers property consigned by others for sale at online auction or online store; in very limited occasion, lots are offered that are the property of Auctioneer. Consignors guarantee ownership when items are consigned.

3.3.2 Condition of Items

We have made every effort to describe as accurately as possible the condition of our products that appear in our Auction Services. We cannot guarantee that this description will be accurate.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our Auction Services. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the quality of any items, products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.

3.4 BIDDING

By submitting a bid, the Bidder acknowledges that the Bidder has read the Terms, and that they agree to adhere to these Terms.

Placing a bid is a binding contract between you and the Consignor, and the bid cannot be retracted. Once a Bidder places a bid, and the bid is the high winning bid, the Buyer will be obligated to buy the lot at the said price indicated. Placing a bid in an auction, and winning, then not paying for the lot is illegal in most states, and prosecution can result. The Consignor of property sold through our Auction Service reserves the right to reject any and all bids.

The rights granted to Bidders under these Terms are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred on any Bidder by these Terms.

3.4.1 Opening Minimum Bid

Auctioneer will set an opening minimum bid. Once the opening minimum bid is met, the lot item will sell “unreserved”, unless otherwise instructed by the Consignor. The opening minimum bid protects the Consignor from low ball bids only. Consignor has the right to set an opening minimum bid for their consigned items.

3.4.2 Estimate Prices

In addition to descriptive information, each item in the catalog sometimes includes a price range which reflects opinion as to the price expected at auction. In other instances, estimate prices can be obtained by calling Auctioneer at (307) 654-3727. The estimated prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer’s premium or sales tax (see under separate heading).

3.4.3 Reserves

The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold. This amount is set by the Consignor at the time of consignment.

3.4.4 Bidding Increments

Bidding is done in increments and will vary by lot according to the current price, and is per Auctioneer’s discretion. The general bidding increments are as follows, but may change for a specific auction or item:

 Between $1-$49, bids increase by $5
 Between $50-$99, bids increase $10
 Between $100-$499, bids increase by $25
 Over $500, bids increase by $50

3.4.5 Authorized Agents

If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. If Bidder is an agent, the agency must be disclosed in writing to Auctioneer prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.

If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation’s agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Auctioneer or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Auctioneer.

3.4.6 Bid Retractions

There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any Buyer who refuses to purchase the lot may be banned from all future auctions.

Auctioneer 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 & applicable sales tax) that the Bidder is willing and able to pay. Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.

Despite efforts to avoid the withdrawal of lots from the auction sale after they are listed, it may sometimes be necessary to withdraw lots; therefore, the Consignor reserves the right to do so at any time before or during the auction sale.

3.4.7 Winning a Bid or Purchasing an Item From the Online Store

You are legally responsible for payment of any items won at online auction or purchased from our online store. The Buyer has 24 hours to pay for purchases in full, after which there will be a $10.00 delinquent handling charge placed on each item not paid for.

Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Buyer. Auctioneer reserves the right to require payment in full before delivering any lot to the Buyer.

Again, you are legally responsible for payment of any items won at auction with us, and any fees or charges accumulated. If payment is not made, this will in turn forfeit all of your bidding rights to any of the upcoming sales, and possibly invoke legal action.

3.5 BUYER’S PREMIUM AND SALES TAX

The Bidder acknowledge and agree that a buyer’s premium may be added to the hammer price on all individual lots, under the express condition that any property purchased by cash or PayPal shall not be refundable, returnable, or exchangeable, and that no credit will be issued under any circumstances. All purchases are subject to sales tax unless the bidder possesses a Sales Tax Exemption Certificate, provided prior to the bidding process.

3.5.1 Buyer’s Premium

The use of a “Buyer’s Premium” will be implemented at any time, and may vary from 3% to 15% between online auctions, the online store, or any combination thereof. The Buyer’s Premium will be advertised per auction on the website, catalogue and in all media advertising.

3.5.2 Sales Tax

All purchases are subject to the 5% Wyoming sales tax unless you are a registered dealer, and you have given us your dealer tax-ID in the registration form. If you represent a tax-exempt entity, before your first purchase, you will have to sign a one time only Tax Exempt form, for us to keep on file. Sales tax will be charged on the hammer price only.

3.6 PAYMENT

By bidding in this sale, Bidder personally and unconditionally guarantees payment.

Payment for purchases must be made payable to Wild West Auctions, unless otherwise noted in the specific online auction’s terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer.

Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full is not received within 24 hours of the auction or within 24 hours of the invoice date. Buyer shall be responsible for making arrangements for delivery of merchandise. All bids are in US dollars; all settlements will be paid in US dollars. Title passes to the high Bidder upon receipt of full and good funds for each lot.

Bidder grants to Auctioneer or its assigns the right to offset any sums due, or found to be due by Auctioneer, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Auctioneer or from any sums due to Bidder by Auctioneer. Bidder further grants Auctioneer a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Auctioneer such security interest. Bidder agrees that Auctioneer and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Auctioneer, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.

3.6.1 Payment Options

All sales are strictly for cash or credit/debit cards via PayPal in United States dollars (including U.S. currency, bank wire, cashier checks, eChecks, and bank money orders, and are subject to all reporting requirements). 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.

3.6.1.1 Cash, Money Order or Cashier’s Check

Preferred method of payment. Made payable to Wild West Auctions. Auctioneer reserves the right to determine if a check constitutes “good funds”. Clients with pre-arranged credit status may receive ability to make and immediate credit for payments via personal or corporate checks.

3.6.1.2 Credit Card via PayPal

Credit Cards may be used for payment via PayPal. Follow the directions during the checkout process or within your emailed invoice.

3.6.2 Default of Purchase

If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a one and one-half per cent (1.5%) late fee on the invoice amount. If the Auctioneer refers any invoice to an attorney for collection, the Buyer agrees to pay attorney’s fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its house counsel, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.

If any applicable conditions herein are not complied with the Bidder will be in default and in addition to any and all other remedies available to Auctioneer and the Consignor by law, including, without limitation, the right to hold the Defaulting Bidder liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, Auctioneer, may (a) cancel the sale of that, or any other lots sold to the Defaulting Bidder at the same or any other auction, retaining as liquidated damages all payments made by the Defaulting Bidder, or (b) resell the purchased property, whether at public auction or by private sale, or (c) effect any combination thereof. In any case, the Defaulting Bidder will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, Auctioneer’s commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. Auctioneer may apply any proceeds of sale then due or thereafter becoming due to the Defaulting Bidder from Auctioneer or any affiliated company, or any payment made by the Defaulting Bidder to Auctioneer or any affiliated company, where or not intended to reduce the Defaulting Bidder’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to Auctioneer or any affiliated companies.

In addition, a Defaulting Bidder will be deemed to have granted and assigned to Auctioneer a continuing security interest of first priority in any property or money of Auctioneer’s owing to such Defaulting Bidder in Auctioneer’s possession, and Auctioneer may retain and apply such property or money as collateral security for the obligations due to Auctioneer.

Payment will not be deemed to have been made in full until Auctioneer has collected good funds. In the event the Bidder fails to pay any or all of the total purchase price for any lot and Auctioneer elects to pay the Consignor any portion of the sale proceeds, the Buyer acknowledges that Auctioneer shall have all of the rights of the Consignor to pursue the Defaulting Bidder for any amounts paid to the Consignor, whether at law, in equity, or under these Terms. In cases of nonpayment, Auctioneer’s election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller’s and buyer’s premium) on the lot and any other damages pertaining to the lot.

Any Defaulting Bidder will not be allowed to bid on any new items. A $10.00 reinstatement fee is required, should any delinquent customer desire to become a registered bidder again (with the approval of the Auctioneer). No refunds of incomplete payments will be given!

3.7 PICKUP, DELIVERY & SHIPPING

Items may be picked up, delivered (within delivery area), or shipped by arrangements made by the Buyer. All items are sold and shipped “As Is”. Auctioneer absolutely accepts no responsibility for condition of items shipped. Buyer should purchase insurance through shipping company. Buyer is responsible for all packing and shipping costs to be paid directly to shipping company. Auctioneer may assist in packaging for a fee determined per item and paid in full prior to releasing the item to the shipping company.

Arrangements for payment, pick-up, delivery, or shipment, must be completed within one week from the receipt of good funds, during our scheduled hours of operation.

Buyer is liable for shipping and handling. Buyer agrees to pay all shipping and handling costs if they apply, as well as any delivery charges, if applicable. There will be a minimum $5.00 handling fee to assist in costs associated with shipping an item, such as supplies, labor, etc. Bidder agrees that Service and Handling charges related to shipping items which are not pre-paid may be charged to the credit card on file with Auctioneer.

Items that are paid for within the required time but left with Auctioneer will be given 10 days of free storage. However, if any one (1) paid item is not picked up within the 10 day period, then storage fees will go into effect at that time.

Any item stored more than 10 days will incur storage fees at a rate of $1.00 per day, per item. When the accumulated fees equal the selling price of the item, (or 90 days has elapsed without any service), then it will become the property of the Auctioneer and it will be resold.

The Auctioneer relinquishes all responsibilities for the safeguard of any items after the pick-up deadline.

3.7.1 Registration & Title Papers

Registration and title papers shall be delivered from the Consignor to the Buyer within 45 days of the Buyer’s payment clearing the bank or acceptance of final payment. The Consignor is responsible for the transfer of registration papers. The Auctioneer assumes no responsibility for registration transfers.

3.8 RETURNS, EXCLUSIONS & ACKNOWLEDGEMENTS

NO RETURN OR REFUND OF ANY ONLINE AUCTION LOT OR ONLINE STORE ITEM WILL BE CONSIDERED EXCEPT BY REASON OF LACK OF AUTHENTICITY, UNLESS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OF SALE.

3.9 COMPANY’S RESERVED RIGHTS

In no event shall the Auctioneer be liable for lost profits or any special, incidental, or consequential damages whatsoever arising out of or in connection with any sale or transaction. Auctioneer reserves the right to reject or void bids, whether winning or not, that Auctioneer deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Auctioneer is the one and only judge regarding the determination of winning bidders, and the single deciding authority if disputes should arise, and accepts no liability for any errors or omissions. Auctioneer reserves the right to reopen bidding on any disputed bids or ties. Auctioneer reserves the right to postpone or cancel a sale without notice; if it is determined that such action is appropriate for whatever reason IS Auctioneer’s sole discretion. Auctioneer will neither have liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of any sale.

4 LIABILITY DISCLAIMERS

We do not guarantee, represent or warrant that your use of our website and/or Auction Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Wild West Auctions (a dba of 4J Enterprises, Inc.), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Information that is used or shared by Auctioneer in connection with consigned items that have been provided by Auctioneers client, the Consignor, is believed to be true and correct. Auctioneer, its owners, agents and other representatives, are not responsible for any misleading information that is provided in connection with our website and/or Auction Service. Auctioneer is not responsible for any claims related to lots.

4.1 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Auctioneer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

4.2 LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website and/or Auction Service and your bidding on, listing, purchase, solicitation of offers to purchase and sell lots.

4.3 NO AGENCY

Bidders, Consignors and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

4.4 ARBITRATION

Any legal controversy or legal claim arising out of or relating to these Terms or our website and/or Auction Service, excluding legal action taken by Auctioneer to collect our fees and/or recover damages for, or obtain an injunction relating to, Auctioneer auction services, intellectual property, and our online commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lincoln County, Wyoming, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. Either You or Auctioneer may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Lincoln County, Wyoming necessary to protect the rights or property of you or Auctioneer pending the completion of arbitration. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Should either party file an action contrary to this provision, the other party may recover reasonable attorney’s fees and costs.

Any dispute, claim, cause of action must be brought within thirty (30) days of the alleged breach, default or misrepresentation or the claim is waived. After thirty (30) days, the Bidder hereby releases and discharges Auctioneer from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that You have or may have had against the Company arising from or relating to any claim whatsoever.

4.5 TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our website and/or Auction Service, or when you cease using our site, pending any open and live consignment contracts and/or live bids.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website and/or Auction Service (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

4.6 GOVERNING LAW

These Terms shall be governed in all respects by the laws of the State of Wyoming; as such laws are applied to agreements entered into and to be performed entirely within Wyoming between Wyoming residents. Consignors and Bidders expressly consent to jurisdiction over any dispute(s) that may arise hereunder or related hereto in the State of Wyoming and home office near Alpine, Wyoming. We do not guarantee continuous or uninterrupted, or secure access to our website and/or Auction Service and operation of our website and/or Auction Service may be interfered with by numerous factors outside of our control. If any provision or portion of a provision of these Terms is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Auctioneer, in our sole discretion, to a third party, in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

4.7 CHANGES TO TERMS OF SERVICES

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. You can review the most current version of the Terms at any time at this page. Your continued use of or access to our website and/or the Auction Service following the posting of any changes to these Terms constitutes acceptance of those changes. The amended terms shall automatically be effective 10 days after they are initially posted on our website.

4.8 GENERAL

These Terms and any policies or operating rules posted by Us on this site or in respect to the website and/or Auction Service constitutes the entire agreement and understanding between you and us and govern your use of the website and/or Auction Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

4.9 CONTACT INFORMATION

Questions about the Terms should be sent to us via email, fax or USPS.

 Email: admin@wildwestauctionswyo.com
 Fax: (307) 654-3728
 USPS: Wild West Auctions, PO Box 3728, Alpine, WY 83128