Special Terms
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 20% buyer's premium added to your total purchase. Bidder shall also pay a 4% 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. All Items will be charged to the credit card on file, if applicable, unless we are otherwise notified. The invoice you receive on the day after the auction will be used for billing- we will bill the credit card on file.
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 - $50
$1,000 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
Firearms
Richmond will process all firearm transfers in strict accordance with all Federal, State, and local laws. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws. If you bid and find out later you cannot legally own/accept delivery, the bid is still a valid contract that you must pay. Notwithstanding anything else herein, Richmond reserves the right to void any sale of a firearm if Richmond determines in its sole discretion that Bidder is not legally permitted, licensed or otherwise suitable for the purchase of the Item(s).
Firearms Designations
1. Antique (A)
2. Modern (M)
3. Curio & Relic (C&R)
Firearm Checkout and Pick Up at Richmond Auctions
1. The registered name of the bidder number must match the individual who picks up the firearm(s) at the conclusion of the sale. Federal Law does not allow anyone else to accept the transfer.
2. Licensed Bidders, for example Federal Firearms Licensees (“FFL”) or Curio & Relic License holders, must present a current and signed copy of their license. All Curio & Relic licensee purchases must adhere to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) Curio & Relic requirements.
3. Non-South Carolina residents who wish to pick up a long gun at our location are required to complete a form 4473 and background check following payment.
4. Non-South Carolina residents may not pick up handguns without a valid FFL.
South Carolina Residents
1. Modern firearm sales to non-licensed South Carolina buyers that want to pick up firearms at our location are required to complete a form 4473 and background check.
2. If “Denied” by the background check, you will not be able to take possession of the firearm and it will be consigned to the next available firearm auction. Bidders who bid on and win Items own the Items and are fully responsible for payment as set forth in these Terms, regardless of whether the FBI/ATF approves of Bidder taking physical possession of the Items. Richmond will not cancel the sale due to a “Denied” background check for any reason.
Firearm Shipping
1. All firearms that require shipping are legally required to be shipped directly to a Bureau of Alcohol, Tobacco, Firearms & Explosives licensed FFL dealer within your state of residence for transfer and pickup. For states that allow shipment of Curio & Relic firearms to the Curio & Relic license holder, Richmond reserves the right to ship those firearms to the address listed on Curio & Relic license. Purchaser is responsible for all shipping and transfer costs incurred.
2. Modern handguns are generally shipped via UPS Next Day Air or FedEx, at Richmond Auctions discretion, and as required by law.
3. Modern long guns are generally shipped via UPS Ground or FedEx, at Richmond Auctions discretion, to an FFL dealer and as required by law.
4. Upon Purchaser’s receipt of invoice, Purchaser must confirm the validity of the FFL itself and the corresponding FFL ship-to address on the invoice. If this information is not included on the invoice or needs to be updated/changed, Purchaser must contact a licensed dealer and submit their FFL to firearms@richmondauctions.com with their name and paid invoice number notated in the subject field.
5. Richmond does not offer international shipping on firearms, ammunition or similar firearm related parts or items.
6. Some states, including California, New York, Illinois, New Jersey & Connecticut, require an FFL or FOID card with valid identification to ship. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws.
7. We cannot ship ammo to Alaska, Hawaii, Massachusetts, New York City, Chicago, Los Angeles or Washington, DC. It is your responsibility to check your state and local laws before bidding. Do not bid on these items if you are unable to purchase, own or possess a firearm according to your residency laws.
Additional Terms
1. Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age, or older. Dealers are bound by these minimum age requirements.
2. All firearms sold are “collectible” items, therefore Richmond does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting.
3. Richmond reserves the right to deny the sale of a firearm to any Bidder.
4. Richmond does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omission in marking or labeling goods as containing materials from protected species. Such materials include, but are not limited to, ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros’ horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal, and state laws and regulations promulgated thereunder. Laws include, but are not limited to, the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), the Endangered Species Act (ESA) and the Marine Mammals Protection Act (MMPA). States currently restricting trade of protected species include, but are not limited to, California, New York, and New Jersey.
5. Bidders are on notice that several countries completely prohibit importation of property made, all or in part, of protected materials. Some countries require special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation as well. Bidders intending to import the property into another country should be familiar with the relevant customs laws and regulations prior to bidding on goods containing material from protected species. Regulations may vary as the U.S. generally prohibits importation of articles containing material(s) from species it has designated endangered or threatened if the articles are less than 100 years old, subject to certain exceptions.
6. It shall be the Bidder’s sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. All Bidders agree to comply with any and all domestic and international restrictions on the trade of protected species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is Bidder’s responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. Richmond is not able to assist Bidder in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. The inability or delay in obtaining permits, licenses, or other permissions to import or export goods containing material from protected species will not constitute a basis for rescission or cancellation of the sale of said goods or the delay in payment of purchased items in accordance with these Terms.
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.
SC FIRM #4192
