Conditions of Sale
Winning Bidder is responsible for paying the Buyer’s Premium of 10% of the bid amount.
Condition of Items
Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all items in which they have an interest, prior to bidding. Please contact our Auctioneer or Kyle Miller for an appointment.
Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them.
All items are sold “as is, where is”.
When the item is sold it becomes the responsibility of the buyer. We do not give credit or refunds,
ALL SALES ARE FINAL.
Bidding on an item indicates your understanding and acceptance of these Terms of Sale.
Bidders are required to register prior to bidding and must use the numbers logged & e-mail used log-in, issued to them.
Millers Auctioneer Services Iowa are not responsible for bidders error due to catalog changes, misprints or information not known at time of the cataloging.
Communication via phone or email with our office must be made by 4 pm to the sale day to retract or adjust max bid amounts.
Bid cancellation after 4pm on the sale day, during the sale, or after the sale has ended is subject to a 20% of bid amount restocking fee and will be charged to the card on file.
You will receive an email invoice with the total due the morning after the sale. The credit card that you used or
PayPal e-mail to register does not automatically get charged. Please click the link in the invoice and pay by the due date.
Your credit card on file will be charged Tuesday AM if payment is not received by the due date. If you wish to pay with
cash/check, please mail it so we receive by due date. We reserve the right to require bank checks for large purchases.
We reserve the right not to issue a buyer’s number or to withhold merchandise if appropriate credit has not been established.
Personal property may not be removed until paid for in full along with applicable sales and/or transfer taxes and any other fees
due. Removal shall be at the sole expense, risk and liability of the buyer. If for any reason
the buyer fails to pay and/or remove any item within the time specified, the buyer will forfeit the item.
Buyer agrees to pay a 10% + any credit card processing fee.
The Buyer must pay State Sales Tax (6%) if any on Item's on the total purchase price (aggregate of hammer price & Buyer’s premium) unless a Sales Tax Exemption form is filled out with our office. Items that are shipped are not usually subject to sales tax.
Buyer agrees to contact our office and coordinate a pick up time. Items may be held for a reasonable amount of time, however, all items must be paid for within 4 days of invoicing. Items not picked up after 30 days will be forfeited without a refund. (Unless previous arrangements have been made.
We offer professional in-house shipping. We professionally package your order and calculate shipping. We make every effort to combine multiple items into one box. We will send you an invoice with the total due. Once you pay the invoice, we purchase the shipping label and get your items on the way to you. USPS is used most of the time, sometimes UPS- FedEx especially for the larger items. Orders over $500 in sales will be sent with Signature Confirmation required, at our expense. Shipping costs are calculated by: Cost charged by shipper (UPS, USPS, etc). $5 per box, for most boxes. Items requiring custom boxes and/or additional packaging may be subject to extra fees. Unusually sized or extremely heavy items may not be shippable with us. We will be happy to work with you if you use a third-party shipper. uship.com
What you can do to expedite your order
Check your contact information. Can we reach you quickly with your phone number? Do you regularly check your email? Make sure that our emails are not going to your “Spam” file. Is the mailing address in your system your current address? It’s expensive to redirect your package once in transit. Is a street address in your profile or a PO Box? UPS will not ship to post office boxes. Finally, contact us promptly with payment information.
Millers Auctioneer Services Iowa, their agents, the owners of the premises and all other persons for whom Millers Auctioneer Services Iowa are acting in behalf of, shall not be liable to any person for damages to their person or property while in, on, or about these premises, nor shall they be liable for hidden defects, or damages caused by use/misuse of purchased items. All persons are on the premises at their own risks and shall defend, indemnify and hold harmless Millers Auctioneer Services Iowa and Sellers from any and all liability whatsoever. Online terms and conditions are in addition to any general onsite auction terms and conditions
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
This auction will be conducted within the framework of the rules listed below plus and
other provision that may be added by the auctioneer via e-mail or as posted on
For the complete bidding terms and to register to bid view
online at Millers Auctioneer Services Iowa
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate.
Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to
interfere or attempt to interfere with the proper working of or any transaction being conducted on and
during the auction sale.
. Access and use of any online auction site of Millers Auctioneer Services Iowa . (collectively the “Site”) is
subject to any and all specific terms and conditions set forth on any individual page within the
Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”)
and all applicable laws and regulations, including but not limited to copyright and trademark
laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR
QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER
AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of this Site. Legal action will be taken against anyone violating the terms and
conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer
reserves the right to periodically change the terms and conditions of the User Site Agreement
and it is the Bidders’ responsibility to periodically review any and all changes made to these
terms and conditions prior to each use of this Site. By using this Site, you agree in advance to
accept any such changes.
To receive an online bidder number you must provide a credit card that a (refundable) $500.00
deposit may be placed prior to the auction event. This allows us to more accurately identify
online bidders and avoid the possiblilty of factishes bids. Bidders expressly authorize the
Auctioneer to use their credit card to satisfy the payment amount as well any deposit required. If
the bidder has not actively bid on an item/lot and/or does not owe any outstanding settlement,
monies will be automatically releashed in accordance with standard credit authorization &
Invoices will be emailed to successful bidders within 8 hours of the close of the auction. Full
payment of the purchase price is charged to your credit card prior to e-mail notification that you
are the successful bidder. Applicable taxes will be added to the purchase price of all taxable
items. Collection of applicable taxes will be in accordance with the laws of the state where the
purchased asset is located.
Online Auction Fee: Auctioneer shall charge and collect from each successful bidder a Fifteen
Percent Auction Fee for each item, in addition to the final high bid amount.
Merchandise return/refunds: All items bid on and awarded to you as high bidder are your
property upon the final payment of your invoice which will be charged to the credit card you
place on file at registration. By my registration I agree to accept all charges place on the card
that I used at registration, and that I waive any and all rights concerning charge backs or refund
for any items charged off to me.
Jewelry Items: Notwithstanding any terms of the Conditions of Sale, if within 5 working days of
the sale, (1) Miller's., has received notice in writing from buyer of any jewelry that
the jewelry has been miss-described as to the physical qualities of the jewelry and (2) such
miss-description is confirmed by a certified letter from an appraiser satisfactory to .
Then Millers, Auctioneer Services. , will set aside the sale and refund to the buyer the
amount paid by the buyer for the lot. "Physical qualities of the jewelry" is limited to descriptions
of karat (the quality of gold), weight of metal, type of stone or metal, carat (weight of stone), and
cut of stone. The above provisions allowing return and refund will not be applicable upon
evidence of any physical removal or tampering.
Firearms: All post 1898 firearms must be registered in compliance with Federal and South
Carolina State Laws. Buyers of post -1898 firearms must complete state and Federal
registration forms with Millers Auctioneer Services Iowa., or its approved licensed firearm dealer unless
otherwise specified; processing of such forms may require a waiting period. Dealers and out-ofstate
buyers must have in their possession on the day of sale, signed copies of their FFL
(Federal Firearms License) in order to accept same-day delivery of modern weapons. Buyers
who act as agents for FFL dealers must have a letter as well as an original signed copy of the
dealer’s FFL., and must present it to Millers Auctioneer Services Iowa . , no less than 24-hours prior to
auction date. These lots may be denoted with special symbols and or verbiage in print and
You will be suspended or permanently banned from the Site if you provide false information
when registering, such as a false name or fraudulent contact information. You will be
permanently banned from this Site if you are the successful Bidder and you do not honor your
auction bid. Furthermore, if you do not honor your auction bid, your $500.00 deposit will be
forfeited.(hereinafter “Auctioneer”) use of e-mail addresses is strictly
limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly
Settlement for payment for purchases must be made by credit card on file unless otherwise
noted in a specific auction's terms and conditions. All sales are subject to appropriate state
Sales Tax laws. Buyer must acknowledge and agree not to retract the purchase offer. Buyer
shall be responsible for making arrangements for merchandise removal.
The descriptions of item/lots appearing in the auction and in advertising prior to the auction are
believed to be correct. Nevertheless, neither those descriptions nor any oral statements made
by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either
express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder
acknowledges that all item/lots were available for inspection prior to the auction and, by these
terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each
item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition,
quantity and size. Bidder relied solely on personal inspection and not on information listed on
the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or
otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot
will not constitute ground for any claim, adjustment, refund, termination of the contract for sale,
or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports: Auction
Services Ltd., and its employees are pleased to provide you with the condition of lots offered for
auction. However, since we are not professional conservators or restorers, we urge you to
inspect each lot yourself or have your agent do so on your behalf. Prospective buyers should
satisfy themselves as to condition and must understand that any statement made by Auction
Services Ltd., or its employees is merely a subjective qualified opinion, NOTWITHSTANDING
WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS
The Site User Agreement constitutes the final expression of the parties’ agreement and a
complete and exclusive statement of the terms of 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 sale and transaction and shall NOT apply to the merchandise that is the subject of these
sales. Auctioneer does not have control over the item/lots that are posted in the Site, and
cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for
the actions the Owner/Sellers and Buyers take before, during, and after the auction,
typographical errors, misprints, loss of merchandise/money, damage or failure of equipment,
due to your visit to this auction site. Use of this site is at your own risk. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other legal rights which vary
from state to state.
Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may
sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any
time before or during the sale. The Owner/Sellers of property sold through this Site reserve the
right to reject any and all bids in their sole discretion.
Buyer will be furnished an electronic receipt at the conclusion of the sale.
Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes
all risk of loss and damage to property until removed from sale premises. Owner/Seller and
Auctioneer agree that merchandise may remain on the sale premises for a period of time
following the sale. The date by which all merchandise must be removed from the premises is
posted on an auction-by-auction basis, on the specific auction page. After the final removal
date, there will be a $35.00 per day, per item/lot storage fee charged to the Buyer. If
merchandise is not removed within ten days after the final removal date, the ownership of the
merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of
or resale the item/lot at their discretion. SHIPPING: AUCTION SERVICES LTD. DOES NOT
SHIP: Auction Services Ltd. will be pleased to provide a list of shippers and packers that will our
worldwide base of clients has successfully used, or you can have your own shipper handle your
purchases. Please contact the shipper of your choice to arrange for packing and pick up your
items. Your items will be released as soon as payment cleans our bank. We requests that your
shippers schedule pick up times at least 24 hours in advance, this will insure no delays in pick
up, and release of your purchases.
No adjustment will be made with regard to merchandise inventory after item/lot has been
removed from the premises or after the removal date posted by Auctioneer, whether or not the
property has been removed. Auctioneer reserves the right, for any reason, in its sole discretion,
to terminate, change or suspend any aspect of the auction sale.
. Auctioneer reserves the right to resell any property not paid for in full within four days of the
online auction item/lot's closing date. Failure to pay for item/lots won on this online auction will
result in forfeiture of your deposit for expenses of resale, collection and damages resulting from
the resale. The Owner/Sellers of property sold through this web site reserve the right to reject
any and all bids, if they so choose.
. The final highest purchaser shall be designated at the end of each auction sale. If a dispute
arises between two or more Bidders, Auctioneer reserves the right to reopen bidding.
Auctioneers designation of the Buyer shall be final. Bid increments: Bidding generally opens at
half the low estimate if provided and advance in preset increments which are determine for each
. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each
Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates,
subsidiaries, directors, agents and representatives from and against any and all claims, losses,
damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees
and expenses) related to, arising from or associated with Buyer’s, his agents or representatives,
use of the Site, including but not limited to personal injuries or property damage incurred on the
sale premises or during removal and transport of any auction item/lots, and arising out of, based
upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use
by Bidder of the Site or as a result of a dispute with another Bidder.
Auctioneer is providing services as an independent contractor for the Owner/Seller only and is
not responsible for statements made by other parties.
This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until
terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s
sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only
recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to
terminate Bidder registration and use of the auction Site, and impose limits on certain features
of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice
. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or
omissions, caused by any means and does not guarantee continual, uninterrupted or error free
service or use of the Site. Bidder acknowledges that this auction is conducted electronically and
relies on hardware and software that may malfunction without warning. The Auctioneer, in its
sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that
were affected by any malfunction. The decision of the Auctioneer is final.
Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting
online auctions. Auctioneer does not sell or rent this information.
Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you
are receiving a particular mailing and wish to discontinue receiving future mailings, simply
forward the received email to Auctioneer to have your name promptly removed from our list.
. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid
cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the
product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then
not paying for the product is illegal in most states, and prosecution can result. The
Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in
their sole discretion. Millers Auctioneer Services Iowa. undertakes the execution of online bidding as a
convenience for clients and is not responsible for any inadvertent failure to execute bids, or for
any error in the execution of bids. IN THE EVENT OF A TIE BID, FLOOR BIDDERS ALWAYS
As a Bidder you are responsible for any bids placed under your bidding number and password.
The security of your Bidder information is your sole responsibility as you, the Bidder, will be
responsible for any and all bids placed under your number. If at any time you feel that your
Bidder number and password have been compromised due to lack of security on your part you
must notify Auctioneer immediately.
Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the
specifications Auctioneer has in place for that feature. You, as a Bidder, agree to only use this
feature if you understand how the Maximum Bid feature works.
You agree that you will not use any robot, spider, other automatic device, or manual process to
monitor or copy the Site or the content contained herein without our prior, express written
permission. You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any activity being conducted on the
Site. You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content from the Site without prior,
express written permission of Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states
do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you may also have other legal rights which
vary from state to state.
No legal advice is intended or implied by anything contained within the Site. No obligation,
liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by
maintaining the Site.
Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by
binding arbitration in accordance with the 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 Anderson, South Carolina, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Auctioneer may seek any
interim or preliminary relief from a court of competent jurisdiction in , Iowa necessary to protect the rights or property of Auctioneer pending the completion of
arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint
venture, employee or franchiser-franchisee relationship is intended or created by this
The Site User Agreement and any disputes arising out of or related to the Site shall be
governed by and construed and enforced in accordance with, the laws of the State of Iowa
applicable to contracts entered into and to be performed entirely within the State of
Iowa. If any provision of this Site User Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to
act with respect to subsequent or similar breaches. This Site User Agreement sets forth the
entire understanding and agreement between us with respect to the subject matter hereof. .
Your use of this auction site marks your acceptance in full of these
Terms and Conditions.