GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (these “Terms”) set forth the terms for participation in an auction conducted, hosted, or otherwise organized by Richmond Auctions LLC (hereinafter “Richmond,” “us,” “our,” or “we”) whether such participation is in person or through Richmond’s website www.richmondauctions.com or Richmond’s mobile applications (collectively the “Digital Platforms”) or any other digital platform utilized by Richmond. By registering, attending, bidding or otherwise participating in this auction whether in person or through the Digital Platform or any other platform you (hereinafter “Bidder,” “you,” or “your”) agree and accept these Terms and agree to be bound by the same, including the arbitration agreement and class action waiver set forth herein.
Bidder acknowledges and agrees that any notices by Richmond, posted or oral, during the auction, also become part of these Terms.
IF BIDDER DOES NOT AGREE TO THESE TERMS, BIDDER’S SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM PARTICIPATING IN A RICHMOND AUCTION IN ANY MANNER OR OTHERWISE UTILIZING THE DIGITAL PLATFORMS.
Disclaimer of Warranties. Bidder acknowledges and agrees that Richmond is acting as auctioneer of property owned by third parties. Unless expressly provided otherwise in these Terms, all items are sold “AS-IS” AND RICHMOND MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE ITEMS AUCTIONED (THE “ITEMS”), WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (E) WARRANTY AS TO THE ITEM’S AUTHENTICITY, PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, PROVENANCE, OR HISTORIC RELEVANCE. IN THE EVENT THE ITEMS CONSIST OF FIREARMS AND AMMUNITION, THE ITEMS ARE SOLD AS COLLECTOR LOTS ONLY. BIDDER IS NOT RELYING ON ANY REPRESENTATION, WARRANTY OR STATEMENT FROM RICHMOND IN ATTENDING, OR PARTICIPATING IN ANY AUCTION OR OTHERWISE BIDDING OR PURCHASING ANY ITEM IN AN AUCTION OPERATED BY RICHMOND. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY RICHMOND. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE BIDDER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL RICHMOND BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
We reserve the right to add or delete Items from a lot prior to the time of sale. Please send any specific questions to our email address or call us for more information. If Bidder provides a credit card to complete payment for any purchased Item(s) and such credit card is declined when processing, Bidder shall pay a Thirty Dollar ($30) processing fee to run a different credit card. .
Bidding Terms
1. Richmond has put forth reasonable effort in preparing the catalog(s) used to depict Items listed for each auction (each, a “Catalog”) in order to provide reasonably accurate descriptions of all Items. All Items are sold ‘as-is’ and it is Bidder’s responsibility to determine the exact condition or authenticity of each item. Richmond’s description of the Item(s) represents Richmond’s best effort to describe the Item(s) based on information provided to it by the owner of the Item(s) and/or otherwise made available to Richmond. Bidder acknowledges and agrees that gross omissions regarding the functionality or authenticity of Items, failures to cite major missing parts and/or restrictions with regard to usage or other inaccuracies may occur. ABSOLUTELY NO REFUNDS OR EXCHANGES WILL BE OFFERED, BIDDER is participating in the auction, bidding on and/or purchasing the Item(s) at its own risk.
2. For all bidding conducted on Richmond’s Digital Platform(s), Bidder shall pay a buyer's premium that will be added to your total purchase. A 15% buyer's premium will be added for bids place onsite, by phone, by absentee or online at bid.richmondauctions.com and guns.richmondauctions.com. A 20% buyer's premium will be added for bids placed on LiveAuctioneers.com or Proxibid.com. Bidder shall also pay a 3% convenience fee on all amounts if paying by credit card.
3. Purchasers (as defined herein) participating online shall pay all amounts due at the conclusion of the auction. We accept major credit cards, cashier’s checks, or cash at pickup.
4. Shipping, when necessary, will be handled by Richmond. Richmond will attempt to ship all Items as quickly as possible by FedEx, UPS, or USPS; however, Richmond shall not be liable for any delay in shipping and delivery times. Purchaser may only pick up any Item(s) during days and times posted by Richmond!
5. If you win an Item in an online auction, you will be notified by email at the conclusion of the auction or the next business day. The invoice you receive on the day after the auction will be used for billing.
6. To better serve our customers, Bidder must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to ensure good communication between Richmond and Bidder throughout any transactions.
7. Purchaser agrees to pay all reasonable attorney fees and costs incurred by Richmond in the collection of funds due for Items purchased. Purchaser shall pay Richmond a fee of 2% per month of any unpaid balance, as well as any other costs or losses incurred by Richmond for the Purchaser's failure to adhere to these Terms.
8. The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it in his/her estimation prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a Bidder as the Purchaser and has the sole right to reopen the bidding of an Item if deemed necessary due to a dispute.
9. Richmond shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer.
10. At the announcement of “SOLD”, the highest Bidder will have purchased the Item(s). All sales are final at the fall of the hammer or at the announcement of “SOLD”. Upon sale of an Item, the purchasing Bidder (the “Purchaser”) assumes the full responsibility thereof, including the risk of loss. Richmond reserves the right to void any sale if payment is not received within three (3) days after the auction’s close. In the case of such nonpayment, Richmond’s election to void the sale does not relieve the Purchaser from the obligation to pay Richmond its fees for the Item(s) and any other amounts required herein or damages sustained by Richmond.
11. Richmond reserves the right to refuse service or decline registration to any Bidder. All announcements made the day of auction, whether oral or written, take precedence over all prior written, verbal or electronic statements.
12. Online Catalogs, including all images and descriptions thereof, supersede any printed version of the Catalogs. We reserve the right to add or remove images and descriptions at any time to reasonably describe all Items.
13. Bidder acknowledges and agrees that Richmond shall retain full control over the terms, timing, method, location and type of auction to use in selling the Items in its sole discretion. Richmond shall sell the Items to the highest bidder subject to the reserve and minimum prices (if any). In the event an item has a reserve, Richmond reserves the right to bid on the seller's behalf up to the reserve amount. Richmond may remove the Property from any auction at any time for any reason or no reason whatsoever.
Bid Increments
Bid increments listed are a general guideline. Actual increments are at the auctioneer’s discretion.
$0 to $500 - $25
$500 to $1,000 - $100
$1000 to $2,000 - $100
$2,000 to $5,000 - $200
$5,000 to $10,000 - $500
$10,000 to $20,000 - $1,000
$20,000 to $50,000 - $2,500
$50,000 to $100,000 - $5,000
$100,000 to $1,000,000 - $10,000
$1,000,000 and up - $15,000
Miscellaneous
1. Choice of Law. These Terms and all matters arising out of or relating to these Terms, including tort and statutory claims are governed by, and construed in accordance with, the laws of South Carolina, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction.
2. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS, ALL DISPUTES AND CLAIMS BETWEEN BIDDER AND RICHMOND THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO THESE TERMS OR ANY AUCTION CONDUCTED BY RICHMOND OR BIDDER’S PARTICIPATION THEREIN, SHALL BE RESOLVED FINALLY AND FULLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BEFORE A SINGLE ARBITRATOR UNDER ITS COMMERCIAL ARBITRATION RULES FOR CONSUMER RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN GREENVILLE, SOUTH CAROLINA. BIDDER HEREBY ACKNOWLEDGES AND AGREES THAT ALL CLAIMS BROUGHT BY BIDDER SHALL BE BROUGHT ON AN INDIVIDUAL BASIS AND BIDDER WAIVES ANY RIGHT TO BRING A CLAIM AS REPRESENTATIVE OF OR PART OF A CLASS OR OTHERWISE JOINTLY WITH OTHERS. Bidder acknowledges and agrees that any claim arising from, or related to, these Terms must be brought within two (2) years of its occurrence, or such claim is waived. After one (1) year has elapsed from the occurrence of such claim, Bidder acknowledges and agrees that Richmond’s maximum liability shall be limited to any commissions and fees Richmond earned on the Item(s) subject to the claim.
3. Invalidity. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction and such affected provision shall be reformed to be enforced to the greatest extent permitted by law.
4. No Waiver. No waiver of any right, remedy, power, or privilege under these Terms ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise.
5. Assignment; Successors and Assigns. Bidder may not directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under these Terms, voluntarily or involuntarily, including by change of control, merger (whether or not Bidder is the surviving entity), operation of law, or any other manner, without the prior written consent of Richmond. Any purported assignment or delegation in violation of this Section shall be null and void. These Terms are binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.