At a Glance

1. Accepting These Terms

These terms apply when you register, bid, or buy at a Hamilton & Sons Auctions and Estates sale ("Hamilton & Sons," "we," "us"), which we hold on partner platforms such as HiBid and LiveAuctioneers. By bidding, you agree to them. If you bid for a business, you agree on its behalf too.

You must be at least 18 to register or bid. Each sale is governed by the version of these terms posted when that sale opens for bidding. We may revise them between sales, and individual sales may carry their own additional notices.

2. Legal Terms

• Montana law. Montana law governs these terms. Any legal dispute will be handled in the state or federal courts serving Missoula County, Montana.
• Limit on our liability. If we're ever responsible for a problem with a lot, our liability is limited to the amount you paid for that lot. We aren't liable for indirect or consequential losses.
• Your responsibility. You agree to cover our reasonable costs, including legal fees, from claims caused by your breach of these terms or misuse of our services.
• Events beyond our control. We aren't responsible for delays caused by things outside our reasonable control, such as severe weather, carrier failures, platform outages, or public emergencies.
• If part of these terms fails. If a court finds any part unenforceable, the rest still applies. If we don't enforce a term right away, we can still enforce it later.
• Whole agreement. These terms, plus any notices posted for a specific sale, are the full agreement between you and us about bidding and buying.

3. Placing Bids

Every bid is a binding promise to buy the lot at that price plus the charges in Section 4. Bids can't be withdrawn once placed, so please review each lot and its photos before you bid.

• Winning. The highest bid we accept when the lot closes wins. Lots are sold individually by lot number unless the listing says otherwise.
• Our discretion. We may decline a registration, refuse or cancel a bid, or withdraw a lot before it closes, without giving a reason.
• Reserves. Some lots may have a confidential minimum price set by the consignor. A lot that doesn't meet its reserve won't sell.
• Disputes and errors. If two bidders dispute a result, or a technical problem affects bidding, we decide the outcome. We may reopen or reoffer the lot.
• Platform rules. All bidding happens on partner platforms, and each platform's own rules on bid increments, timing, and extended bidding also apply.

4. Your Invoice and Payment

Your invoice total is the winning bid, plus the buyer's premium shown in that sale's listing, plus any shipping and applicable taxes.

Pay within 7 days of the sale closing. We accept all major credit cards, cashier's checks, money orders, and wire transfers. When you register, you authorize us to charge the card on file for your invoice total if payment isn't otherwise received. For invoices over $3,000, or when a purchase needs extra verification, we may ask for payment by wire or certified funds.

5. Getting Your Lots: Pickup and Shipping

You can pick up your lots in Missoula or have us ship them.

• Local pickup. Free, by appointment, within 7 days of paying. Contact us if you intend on picking up locally. Bring help and packing materials for large pieces.
• Shipping. We pack every order ourselves and ship with tracking and insurance. Orders typically ship within 10–14 business days of payment; large or fragile items may take longer. Some furniture and oversized lots ship by freight or are pickup only, and the listing will say so.
• Once it ships. We email your tracking number. If something arrives damaged, email us photos within 48 hours of delivery so we can file a claim.
• Storage. Lots not picked up or paid for within 45 days may be treated as abandoned.

6. When an Invoice Isn't Paid

If you don't pay on time, we may:

• charge the card on file for the invoice total;
• cancel the sale and reoffer or sell the lot elsewhere;
• treat the lots as abandoned, as described in Section 5;
• suspend or block your bidding account with us and report non-payment to the bidding platform.

7. Condition, Descriptions, and Returns

Most of what we sell is old, used, or handmade, and normal wear, repairs, and age-related flaws come with that. Every lot is sold as is, where is. All sales are final, with no returns or exchanges.

We catalog each lot carefully and photograph it so you can judge it yourself. Our titles and descriptions, including dates, makers, materials, origins, attributions, and measurements, are our honest opinion, not a guarantee. The photos are part of the description. If you have a question about a lot, ask before you bid, and we'll answer as best we can or send more photos.

To the fullest extent the law allows, we make no warranties about any lot, express or implied, including warranties of merchantability, fitness for a particular purpose, authenticity, or condition.

8. Your Information and Our Emails

We sell through partner platforms such as HiBid, LiveAuctioneers, and AuctionNinja, and use outside services for email and shipping. Each has its own privacy policy, and we aren't responsible for how they handle your information.

When you buy from us, the platform shares your contact, shipping, and payment details with us. We use them only to invoice, collect payment, ship, and stay in touch about your purchases. See our Privacy Policy for details. We may also email you about upcoming sales; unsubscribe anytime using the link in any email.

Contact Us

Questions about these terms? Email us at contact@hamiltonandsonsauctions.com or visit our contact page.