Dakota Plains Auctions is a consignment based auction house. We are big enough to handle whole estates but small enough to give you the costumer service you deserve. As an FFL holder we specialize in selling both modern and antique Firearms. We also sell Antique Furniture, Small Antiques, Western Memorabilia, Indian Artifacts, Gold & Silver Coins, Fine Art, and Collectibles. We offer very low competitive commission rates and would be more than happy to have a conversation with you as to how it works. During that conversation we will give you estimated auction estimates and a commission rate quote. If you determine we are the auction house of choice, we will fill out an inventory sheet listing all the items you are consigning as well as a contract. Below is a copy of our Contract agreement for you to look over. Please feel free to contact us an your convienence to discuss any items you may want to consign.

1. This agreement is entered into between Dakota Plains Auctions and the undersigned: (hereafter known as “Consignor” or “Seller”) Consignor stipulates that he has read and does hereby agree to the terms and conditions set forth below. Consignor acknowledges that by entering into this legally binding agreement with Dakota Plains Auctions (hereafter known as “Auctioneer”) he is employing Auctioneer to sell his personal property at public auction.

2. Consignor hereby agrees to pay Auctioneer a commission for his services rendered to be deducted from the gross auction proceeds. Commission rates shall be set forth on the front page of this document. For all items there shall be a standard 12-18% buyer’s premium assessed on all purchases. The buyer’s premium is in addition to the purchase price and will be retained by Auctioneer.

3. Consignor agrees to not withdraw any item listed herein from auction or donation, if any of the items are withdrawn from the auction sale in breach of this contract with Dakota Plains Auctions and Auctioneers shall be entitled to a commission based on the fair market value of the items withdrawn, together with any advertising, legal or any other expenses incurred with respect to the items so withdrawn. In the event the Auction is cancelled or Seller defaults under this contract, Seller is liable to Dakota Plains Auctions and Auctioneer for reasonable damages incurred including, but not limited to, all billable services performed.

4. Auctioneers act as agents only, and shall endeavor to protect the interests of both Purchaser and Consignor. Any and all disputes that may arise shall be between Consigner and Purchaser only. Consignor will indemnify and save harmless Dakota Plains Auctions and Auctioneer from any and all actions, law suits, damages, costs and losses of any nature, arising from the sale, purchase or use of any Lot or the attendance and participation of the Seller, agents or employees at the auction sale or at the auction site before, during or after the auction sale.

5. Each and every lot will be sold “as is, where is” specifically, but without limitation. There shall be no guarantees or warranties, either written, expressed or implied, statutory or otherwise of any nature whatsoever in respect to the lots offered at the auction.

6. Consignor agrees that he will not attempt to influence the auction process in anyway shape or form by bidding on his own consignment(s) either directly or indirectly. This includes those bids accepted electronically or bids by another individual on his behalf.

7. The Seller acknowledges that an auction site is a potentially dangerous place.  Every person at the auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon. The Consignor or Dakota Plains Auctions shall so advise his agents and employees. No person shall have a claim against the Auctioneers, their agents, employees for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.

8. Auctioneers, at any time and at their sole discretion, without notice or liability to Consignor may withdraw or cancel the sale of any lot or offer any lots in groups.

9. Any dispute arising as to bidding shall be settled by the Auctioneers at their sole discretion and the auctioneers may put the lot in question immediately up for sale again. Auctioneers reserve the right to refuse any bid which is consider to be an insignificant advance over the preceding bid.

10. ALL SALES ARE FINAL. Auctioneers will mail to the Consigner 30 days following the auction sale all receipts or monies collected, less the auction commission and any and all costs mutually agreed upon, that were incurred to present the items in salable condition.

11. Dakota Plains Auctions will carry full liability insurance on all items up to and including the day of the auction sale. Purchases shall become the responsibility of and shall be at the risk of the purchaser upon acceptance of his highest bid. It shall be the responsibility of the purchaser to insure his purchases immediately.

12. Both parties agree that this is a legally binding contract and it is the responsibility of consignor to seek competent advise regarding these terms if not completely understood. The terms shall be governed by and interpreted under the laws of, and any action hereunder against Auctioneers shall be commenced in the State and County in which the auction occurs. In the event that either party in relation to this agreement brings suit, the prevailing party shall be entitled to reasonable attorney’s fees and court costs at trial or on any appeal. Seller also consents to jurisdiction in the circuit or district courts of Pennington County, South Dakota.

13. These are the complete Terms and may not be amended except by agreement in writing signed by Dakota Plains Auctions, Auctioneers and the Consignor.

 I the undersigned: (hereafter known as “Consignor” or “Seller”) have read and do hereby agree to the terms and conditions set forth on this document. Consignor acknowledges that by entering into this legally binding agreement with Dakota Plains Auctions (hereafter known as “Auctioneer”) that he is employing the Auctioneer to sell his personal property at public auction at the consignment rate of ______%. (sliding scale determined on quality and quanity of items being consigned)

Consignor Name (Print)________________________________________Email_________________________________________

Phone________________________________

Mobile _____________________________

Fax ______________________________

 Address_________________________________

City______________________________State_________Z ip______________

Signature______________________________Date___________________________

_ Dakota Plains Auctions________________Date________________________