Manion's International Auction House, Inc. User Agreement

MEMBERSHIP

During registration you will select a password and Manion's Online System will generate your membership number. Your password will appear on the Verification Page, which you can print for your records. Your membership number will be sent via e-mail for security reasons. You will now be able to bid on all auctions as a registered Manion’s member. Manion's does not disclose your identity to any outside parties.

BIDDING

To bid on the auctions you must be a registered Manion's member and accept Manion's Terms and Conditions. Once you've selected an item of interest you will notice the reserve price, the required bid amount, and the bid entry box.

o        Clicking on the bid button enters your bid at the reserve or next increment.

o        To enter a Proxy bid you may enter an amount in excess of the reserve or required next increment. The auction program will automatically raise your bid by the bid increment rule, up to the amount of your proxy bid.

o        The bid increment rule is automatic, and is set at 10% on items priced up to $499.00. Items from $499.00 to $999.00 are increased by 5%. Everything above $999.00 is increased by 2.5%.

o        Your Proxy bid is strictly confidential.

·         "Sniper Proof Bidding" was created by Manions, and protects both consignors and bidders. Any bid entered in the last 10 minutes of an auction will extend the closing time by an additional 10 minutes, or until there is no bid for a period of 10 minutes at the final closing. You will see a hammer count down and time remaining on each item as it closes.

·         Bids may be placed at anytime online. If you have a question about bidding, please feel free to contact us between 9:00 AM - 4:00 PM Central Standard Time, Monday thru Friday, by phone 866-626-4661, Fax 913-299-6792, or by email at collecting@manions.com.

·         If you have accidentally entered a wrong bid you will have to contact us by phone using the above information for correction.

·         If you experience any difficulties please contact us for assistance.

·         Description of items by phone is available. Phone descriptions are not available on weekends or after 4:00 PM Central Standard Time.

·         Viewing of auction items is available at Manions Auction House in Kansas City by appointment only.

·         Placing a bid on Manion's auctions constitutes a binding contract for purchase. Failure to pay for items won is grounds for termination of membership and forfeiture of associated fees. It may also result in collection proceedings via legal procedures.

AUCTION CLOSE:

·         Auction close procedures are as follows:

o        Auctions close daily and invoice weekly on the Friday following the auctions.

·         Invoices for the Auction will be available online by 12:00 P.M. CST on the Friday following the auction close.

·         Payment for all auctions is due immediately upon invoicing and will be charged to the credit card on file. Special arrangements must be made prior to auction invoicing for alternative payment methods.

SHIPPING:

·         We Ship by U.S. Postal Service or Federal Express. Please indicate preferred shipping method on your membership page.

·         We ship your purchases as quickly as they can be processed after receipt of payment.

·         A tracking number is issued when the item is shipped. You will be able to follow the parcel on-line to your door!

·         Shipping charges are made up of the carrier's fee plus insurance and handling costs. The insurance rate is $2.20 for the first $100.00, and $1.00 for each additional $100.00 increment. Handling costs on multiple item shipments will be adjusted down when possible.

·         DO NOT return damaged items to Manions! You MUST report damaged articles to the carrier (U.S. Postal Service or Federal Express). Original papers, boxes and packaging material are REQUIRED to file the insurance claim. Federal Express will pick up the damaged item. Items damaged in transit by the U.S. Postal Service should be returned with original box and all packing material to the nearest Post office. We have no control on the time period necessary for the carrier to process a claim.

·         All shipments are subject to your local and federal laws and regulations.

BIDDER COMMISSION:

Items purchased on the Manions Auction are charged an 15% commission on the realized price of an item less than $5,000.00 and 10% on an item with a realized price of $5,000.00 or above. (The items final sale price is called the realized price.)

PAYMENTS

Payments for all auctions must be made by credit card or Paypal: Visa, Mastercard, Discover, or American Express. A valid credit card must be kept on file with Manion's International Auction House. This card will be used by Manions to satisfy the invoice due. Special arrangements must be made with Manion's to make payment by money order or bank drawn check prior to the close of the auction. All money orders and bank drawn checks must be in U.S. funds.

RETURNS

·         The DECISION to return an item must be made within 3 days of receipt. Use Manion's on-line return request page to obtain your Return Materials Authorization (RMA number). After submitting this form and approval for return is determined, you will receive an RMA number via e-mail within 48 hours (not including weekends or holidays). This initial return validation does not constitute a refund. This e-mail must be printed and accompany the return inside the package. This RMA number must also appear on the outside of the package, readily visible by our receiving department.

·         Returns will not be accepted without the RMA number.

·         Returns requested after the initial 3 days will incur a processing fee of 1% of the realized price of the item for each day past the deadline.

·         Example: if a request for return of a $100.00 item is made 15 days after the 3 day inspection period (18 total days), the processing fee would be $15.00.

·         RETURNS WILL NOT BE ACCEPTED AFTER 30 DAYS OF RECEIPT OF THE ITEM.

·         Returned items must be in their original packaging with Bar Code label.

·         Manion's will not accept the return of reproduction items that were clearly described as a reproduction, or listed in reproduction categories.

·         Returns will not be accepted for items with a realized price less than $20.00.

·         Paper Goods, Books, and Photographs will not be accepted as a return except in cases of extreme description conflict.

·         When the package is received the item will be inspected to validate the claim for the return.

·         If the claim is valid a refund will be issued.

·         A letter of credit or check will be issued for items paid by money order or bank drawn check. Items paid by credit card will be refunded by credit card charge back only.

·         Returns are processed in a minimum of 28 days.

·         Shipping, Handling, and Insurance fees are not refundable.

STATEMENT OF POLICY:

FEDERAL FIREARMS LICENSE:

All Post-1898 firearms must be shipped to a Federal Firearms License (FFL) holder. If you plan to bid on firearms we suggest that you send your FFL for our records in advance. Questions pertaining to FFL and regulations can be answered at Manion's or your local Bureau of Alcohol, Tobacco, Firearms and Explosives office. Manion's strictly follows all firearms regulations. Manion's must have an original signed copy of the FFL. The firearm may only be shipped to the address on the FFL.

·         International Customers purchasing firearms from Manion's are required to submit an original certified copy of your country's importation license specifying the exact firearms purchased. This is required by the U.S. Department of State which issues licenses for exportation.

·         All firearms sold by Manion's International Auction House, Inc. are in used condition and are not test fired by representatives of the company. All firearms should be taken to a licensed gunsmith to verify condition and functionality. This Statement applies to all sales regardless of venue.

POLICY ON HISTORICAL ITEMS:

The items offered for sale or auction by the Manion's International Auction House, Inc. are COLLECTOR ITEMS OF HISTORICAL INTEREST FOR PRESERVATION, STUDY AND EDUCATION. The value of collector items is not "USE VALUE", (what the item was originally manufactured for). Example: a uniform to be worn as a uniform or clothing item. The value is "COLLECTOR VALUE", for study or collecting, not for use. These items are by nature, historical, and sometimes represent cultural views not popular today. The items offered for sale or auction by Manion's International Auction House, Inc. are for study by collectors of historical interest, not to promote, add to, or detract from any ideology or belief. Historical items from the German "Third Reich" period represent a sensitive time. We at Manions firmly believe the study of history is very important. The artifacts from history help us understand the events of the past more clearly. "They make History Come Alive".

·         For more information reference US Harmonious Code 9705.

CONSIGNMENT INSTRUCTIONS

·         A Consignment Inventory Form can be found on our website by clicking here or can be requested from Manions via fax or email. Please, no items with reserve price of less than $50.00.

·         Submit completed form(s) for approval.

·         If you need help feel free to contact us.

·         Each box should include your list of items.

·         Please affix a number on each item to match the list.

·         If this procedure is not followed correctly, your consignment could be delayed.

·         Retain copies of each form for your records.

·         All consignment will be processed on a first come first served basis.

·         Price reductions on re-runs are usually suggested at 20%.

·         All items consigned to The Manions International Auction House are under our care & keeping until sold or returned to you, the consignor. This is an important part of our service.

·         Consignors are responsible for transportation expenses to the auction house & return of un-sold items.

·         Estates & collections can be picked up by arrangement.

·         All questions regarding final pay-off must be made within 30 days of check receipt. After this, all Auction books are closed.

·         After auction close you will be able to view your Sold/Unsold list from the Consignor Web Page.

CONSIGNOR FEES:

·         Manions performs all the work necessary to bring your items to a World Wide Market.

·         We assign a unique bar-code serial number

·         Inventory

·         Wrap & protect

·         Photograph

·         Describe

·         Warehouse the items

·         We run all auctions

·         Answer all e-mail & phone calls

·         Invoice

·         Collect payments

·         Pack & ship all orders

·         Take care of all returns

Restricted Items

·         Items in glass enclosures, including all framed items, will be accepted but are shipped at your risk; they are not covered by insurance.

·         All firearms requiring an FFL will be consigned only in accordance with BATF rules. Manion's reserves the right to reject any Firearms.

·         MANION'S does not accept live flares, explosives, live pyrotechnics or live primers. Inert ordnance is accepted only if disassembled.

·         Reproduction items priced as original.

·         Manions reserves the right to reject any item.

·         No Hate material.

·         No human body parts

·         No endangered animal material (like ivory).

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.       YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MANION’S EXPRESSLEY DISCLAIMS ALL WARRENTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDNG, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.       MANION’S MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3.       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OF LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4.       NO ADVICE OF INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANION’S OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLEY STATED IN THE CONDITIONS ABOVE.

LIMITATION OF LIABILTY

YOU EXPRESSLEY UNDERSTAND AND AGREE THAT MANION’S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MANION’S HAS BEEN ABVISED OF THE POSSIBLITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FORM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUETIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS ABOVE MAY NOT APPLY TO YOU