The Jim Crain Collection

Fleischer?s Auctions is licensed and bonded in favor of the state of Ohio


DISCLAIMER: Fleischer?s Auctions does not accept liability for personal information kept by our online third-party platform partners. Fleischer?s Auctions does not accept liability for agreements made regarding automatic payment by bidders with our online third-party platform partners.


These Terms and Conditions of Sale govern all auctions conducted by American Heritage Antiques LLC, D/B/A Fleischer's Auctions (hereinafter "Fleischer's Auctions," "Auctioneer," "we," "us," or "our"). By registering to bid or submitting any bid in any auction conducted by Fleischer's Auctions, through any platform, method, or proxy, you acknowledge and expressly agree to be bound by all terms and conditions set forth below:

REGISTERING TO BID

To register to bid, we require you to provide us with your home address and contact information. We reserve the right to reject any bid or any registration for any reason. When you register to bid, you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card that will remain until it falls off, usually within 2 to 7 business days. We may require bank or other financial/personal references to approve your registration.

LOT CONDITION

All lots are sold ?as is?? in the condition they are in at the time of the auction, we make no representation or warranty and assume no liability of any kind as to a lot?s condition. Any reference to condition in a catalog description, advertising material, written/oral communication, or a condition report is our opinion and is not necessarily a full account of condition. Catalog photos may depict items differently than they appear in-hand.

VIEWING LOTS

We offer in-person pre-auction viewings of items by appointment after any catalog has been made available online on FleischersAuctions.com or elsewhere. We strongly encourage all interested bidders or their representatives to make an appointment so that they can conduct an inspection of condition in-person before bidding.

LOT DESCRIPTIONS

Any description and/or statement made by Fleischer?s Auctions or any company representative regarding an item's authenticity, provenance, history, condition, creator, age, materials, dimensions, weight, exhibitions, or publications constitute our opinion only and should not be treated as definitive fact.

WITHDRAWAL

We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw.

ABSENTEE BIDS

For the convenience of clients unable to attend the auction in person, we will make reasonable efforts to execute written bids submitted at least 24 hours before the sale. All bids must be in U.S. dollars. In the event of identical written bids on the same lot that constitute the highest bids, the lot will be sold to the bidder whose bid was first received and accepted. While we provide written bid execution as a complimentary service, it is subject to our other commitments during the sale. We assume no liability for failure to execute any written bid or for any errors or omissions related to such bids.

RESERVE PRICES

All property sold at auction by Fleischer?s Auctions is sold by method of reserve auction. Many lots have a reserve (minimum) price they must attain in order to sell.

BUYER'S PREMIUM


By agreeing to these terms and conditions, the bidder agrees to pay a 25% buyer's premium (the percent added to the hammer price of any lot sold) on all lots they win at auction.


PHONE BIDDING

If a bidder makes arrangements with us prior to the commencement of a sale, we will use reasonable efforts to contact them to enable them to participate in the bidding for any given lot by telephone. Fleischer?s Auctions is not always able to facilitate phone bidding and reserves the right to decline phone bidding requests. We assume no liability for any failure to establish telephone contact or for any errors or omissions that may occur during telephone bidding.

ONLINE BIDDING

The auctioneer will accept bids from online bidders that use the online bidding platform bid.fleischersauctions.com and third-party bidding platforms. Third-party bidding platforms include, but are not limited to, liveauctioneers.com and invaluable.com.
Both our in-house bidding platform bid.fleischersauctions.com and third-party bidding platforms execute bids competitively online on behalf of bidders, both absentee before the sale and during the sale itself. Bidding generally starts below the low estimate and increases in increments. The auctioneer will decide at his/her sole discretion where the bidding should start and what the bid increments should be. Online bidding software only allows online bidders to bid at fixed increments determined by the auctioneer. Bid increments may vary from auction to auction.

ONLINE ABSENTEE BIDS

Before an auction begins, online bidders can place absentee bids through bid.fleischersauctions.com and third-party bidding platforms. In the event of a tie absentee bid between bidders using different bidding platforms when a lot opens, it is the sole discretion of the auctioneer which online bidder he/she recognizes as the high bidder. If you notice after a sale that your online absentee bid is the same amount that an item sold for, and you are not recognized as having won the item, your bid was likely tied for the high amount but the other bid was recognized first by the auctioneer. The best way to avoid this occurrence is by bidding live, either online or over the phone.

BIDDING ON BEHALF OF THE SELLER

The auctioneer may, at his/her sole discretion, bid on behalf of the seller up to one bidding increment before the reserve by making either consecutive or responsive bids. The auctioneer will not identify these as bids made on behalf of the seller.

SELLER BIDDING

Sellers are permitted to bid on their consigned property offered at auction in the case of a forced sale (i.e. per a court-ordered settlement) or in limited circumstances to establish a reserve. Reserves are encouraged to be set with Fleischer?s Auctions before the auction. Shill bidding, or bids placed in bad faith to artificially raise the sale price of an item, are illegal and strictly prohibited.

FLEISCHER?S AUCTIONS IS SOLE DETERMINER

The Auctioneer reserves the right, at their sole discretion, to refuse any bid, advance the bidding in any manner, withdraw any lot, determine the successful bidder in cases of error or dispute, continue the bidding, cancel the sale, and re-offer and resell disputed items, whether during or after the sale. In the event of any dispute after the sale, our sale record is conclusive.

AUCTIONEER BIDDING

Fleischer's Auctions, its staff, and affiliates may participate as bidders in our auctions, subject to the same terms and conditions as all other bidders. Shill bidding, or bids placed in bad faith to artificially raise the sale price of an item, are illegal and strictly prohibited.

SUCCESSFUL BID

The highest bidder acknowledged by the auctioneer of any given lot will be recognized as the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, Fleischer?s Auctions? sale record shall be conclusive. Fleischer?s Auctions is not liable for erroneous communication received from a third-party bidding platform regarding the status of your bid.

PAYMENT

Payment, or payment arrangement, is due 72 hours following invoice issuance. Successful bidders who do not plan on paying online and would like to send a check by mail, make a wire transfer, pay in-person, or pay by other means, are asked to notify Fleischer?s Auctions of how they will be paying within 72 hours of invoice issuance. Payment made using a debit/credit card is subject to an at-cost 2.9% fee assessed by the payment processor. No fee is assessed on payment made using a personal/cashier's check, ACH transfer, or wire transfer.

NON-PAYMENT

If full payment is not received within 14 days of invoice issuance, the invoice will be considered unpaid and Fleischer's Auctions may, at its sole discretion, cancel the sale and void the purchaser's rights to the auctioned property. Fleischer's Auctions may then resell such property publicly or privately, with the defaulting purchaser remaining liable for any difference between the original purchase price and resale price, plus all costs of storage, insurance, and resale. Late payments accepted after the 14-day period will incur a 10% fee of the purchase price (including the buyer?s premium), with interest accruing at 10% monthly on the outstanding balance until paid in full. The defaulting purchaser shall bear all attorneys' fees and collection costs. Fleischer's Auctions reserves the right to pursue legal action for damages including lost commissions, ban defaulting purchasers from future auctions, and report payment defaults to relevant third parties. These remedies are cumulative and not exclusive of other available legal remedies.

SHIPPING

Fleischer?s Auctions packages and ships most items in-house. Consideration is made to ensure the lowest rate charged possible while still meeting our package safety standards. Large items and large framed pieces may not be able to be packaged and shipped in-house, these items will be marked in the catalog as being packaged and shipped by a third-party service. Bidders that are successful in winning items marked as being packaged and shipped by a third-party service are responsible for paying the third-party directly. We are happy to offer complimentary drop-off service to local third-party packing/shipping companies in Columbus, Ohio. Once an item is dropped off and no longer in our possession, Fleischer?s Auctions is not to be held liable for the item?s safe handling or shipment to the successful bidder.

SUCCESSFUL ONLINE BIDDER SHIPMENT ADDRESS

Successful bidders online are solely responsible for ensuring their shipment address is correct and up-to-date on their account profile. Account profiles are created by bidders online on bid.fleischersauctions.com and third-party bidding platforms, they contain a bidder?s personal information, including their shipment address. If a successful bidder does not contact us before their item(s) is shipped to notify us of their correct shipment address, and their account profile is associated with an old or incorrect shipment address, Fleischer?s Auctions is not to be held liable for lost or damaged items sent to the incorrect address associated with the successful bidder?s account profile. Bidders are encouraged to check their online account profile on bid.fleischersauctions.com and third-party bidding platforms to ensure their shipment address is correct before bidding.

SHIPPING PROTOCOL AND INSURANCE

All packages valued at over $250 are shipped with a signature required upon delivery. All packages handled and shipped in-house by Fleischer?s Auctions are not insured unless insurance is requested. Successful bidders who would like their packages insured are responsible for notifying us that this is the case and are responsible for paying the cost of insurance.

PROPERTY STORAGE

Unless otherwise arranged, purchased items must be removed from Fleischer?s Auctions premises within 30 days of payment. After this period, a storage fee of 10% of the property?s total sale price, including buyer?s premium, will be assessed on a monthly, accruing basis.
Property kept by Fleischer?s Auctions without shipping arrangements for more than 90 days may be deemed abandoned. In such cases, Fleischer's Auctions reserves the right to resell the property without notice or remuneration to the original purchaser. Storage fees must be paid in full before items will be released or shipped.

RETURN POLICY

All return requests must be made within 30 days of receipt of the item(s) won. All returns are accepted at the sole discretion of Fleischer?s Auctions.

FIREARMS AND RELATED ITEMS


1. Applicable Law and Classification. These provisions govern all firearms, ammunition, and related items and control over conflicting Conditions of Sale concerning their transfer or disposition. All transactions must comply with applicable federal, state, and local law and the lawful requirements of Fleischer?s Auctions (?Fleischer?s??) and its designated transferring federal firearms licensee (?Transfer FFL??). Catalog symbols identify presumed classifications: ?FFL?? indicates an FFL transfer requirement; ?C&R?? indicates presumed Curio or Relic (?C&R??) eligibility; ?Antique?? indicates presumed Antique eligibility; ?NFA?? indicates a firearm governed by the National Firearms Act and requires that all applicable laws and regulations be followed, including the potential acquisition of a Federal tax stamp.


Symbols, descriptions, and antique or C&R designations do not guarantee legal classification or transfer eligibility. The Transfer FFL will determine the required lawful transfer procedure and may require additional documentation or a more restrictive procedure where classification is uncertain.


2. Buyer Responsibility and Payment. By bidding, the buyer represents that the purchase is lawful, all information supplied is accurate, and the buyer and intended transferee satisfy all applicable eligibility and destination requirements. Straw purchases and false statements are prohibited. The actual transferee must personally complete any required ATF Form 4473; proxy completion is prohibited. Before bidding, the buyer must confirm any required receiving FFL?s willingness and ability to accept the lot. A successful bid creates a binding payment obligation, regardless of the buyer?s ability to obtain transfer approval. Buyer-related transfer difficulties do not extend payment deadlines or create cancellation or refund rights, except as required by law. Full cleared payment is required before release. The buyer bears applicable transfer, packing, shipping, insurance, storage, and receiving-dealer charges.


3. Pickup and Shipment. All in-person firearm pickups require an appointment expressly confirmed by Fleischer?s. No walk-ins are permitted. Transfers require acceptable identification, required forms, and all applicable background checks, permits, and approvals. Unless a lawful exception applies, handguns, frames, receivers, and other firearms that are not complete rifles or shotguns must be shipped to an FFL in a non-Ohio buyer?s state of residence. In-person transfers of complete rifles or shotguns to nonresidents require compliance with applicable laws and Transfer FFL approval. Fleischer?s may require shipment to a receiving FFL. Direct C&R or antique delivery is permitted only after verification of eligibility and legality. Fleischer?s need not modify a lot for compliance and may withhold prohibited accessories without a price reduction, to the extent permitted by law. Exports require prior written approval and all required authorizations.


4. Transfer Approval and Delays. Fleischer?s and the Transfer FFL may suspend or refuse a transfer for a lawful, good-faith compliance, fraud, or safety concern. Neither payment nor a background-check approval guarantees release. Fleischer?s may require a final ?Proceed?? response and need not release a firearm while a background check remains unresolved, even if a statutory waiting period has elapsed. No completion date is guaranteed. The buyer is responsible for appeals, renewed documentation, and required repeat checks. An ineligible buyer may not designate a substitute transferee to evade transfer restrictions.


5. Deadlines and Default. Unless otherwise agreed in writing, required transfer documents are due within ten calendar days after invoicing, and the buyer must complete pickup or all actions within the buyer?s control within thirty calendar days after notice of availability. Reasonable storage and related charges may accrue thereafter. Buyer ineligibility, refusal to cooperate, or failure to complete required actions within ninety calendar days after notice constitutes default. Following any legally required notice, Fleischer?s may retain the lot, cancel the transfer, and resell it in good faith on commercially reasonable terms. Payments and resale proceeds will be credited against the purchase obligation and reasonable recoverable expenses, without double recovery and with credit for expenses saved. The buyer remains liable for any lawful deficiency; any remaining balance will be returned.


6. Legal Impediments Unrelated to Buyer. If a legal impediment not attributable to the buyer prevents transfer, Fleischer?s may cancel the sale and refund amounts paid to Fleischer?s for that lot. To the fullest extent permitted by law, that refund is the buyer?s exclusive remedy, and Fleischer?s, the Transfer FFL, and the consignor are not liable for incidental or consequential damages.


7. Condition and Safety. ALL FIREARMS AND RELATED ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. No statement concerning mechanical operation establishes safety for firing. Before loading or firing, the buyer must have a qualified gunsmith inspect the firearm and verify its condition, chambering, ammunition compatibility, and fitness for use. The buyer assumes risks associated with possession, handling, storage, alteration, and use after lawful transfer.


8. Indemnification and Continuing Effect. To the fullest extent permitted by law, the buyer shall defend, indemnify, and hold harmless Fleischer?s, the Transfer FFL, the consignor, and their respective personnel against third-party claims, losses, and reasonable legal expenses arising from the buyer?s breach, false statements, unlawful conduct, or handling or use of the lot, except to the extent caused by the protected party?s negligence or willful misconduct. No oral statement modifies these provisions; modifications require a writing signed by Fleischer?s authorized representative. Invalid provisions do not affect the remainder. Payment, default, risk-allocation, and indemnification obligations survive transfer, cancellation, or resale.