Auction Terms & Conditions
1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in Wilson Auction Company, Inc. (known hereafter as WAC), on the internet website and addendum sheets will be offered for sale or sold by WAC. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by the same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchaser's rights and WAC's respective rights and obligations hereunder are governed by Commonwealth of Virginia law. By bidding at WAC's auction, whether in person or by agent, sealed bid, telephone bid, via the internet or other means, the purchaser or bidder agrees that the contract created by these terms and conditions of sale is made and performed in the County of Orange, Commonwealth of Virginia and further agrees that should an dispute arise from this contract the jurisdiction for contractual disputes is Orange County, Commonwealth of Virginia. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
2. BUYER'S PREMIUM, SALES TAX & TRANSACTION FEE: All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser ) will be subject to a buyer's premium of 15% payable by the purchaser. This is not an aggregate percentage on the total items bid, rather a per item percentage rate. The premium is added to the purchaser's successful bid and the two together equal the total purchase price. Some items are exempt from Virginia Sales Tax and others may be subject to Virginia Sales Tax. The tax is computed on the total purchase price (hereinafter the total purchase price and applicable sales tax will be referred to as the "Total Amount Due"). To establish a tax free sale, a copy of a valid reseller's permit or other instrument or information must be provided to WAC's satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof at the time of payment, will be required to pay the tax to WAC and seek a refund from the State of Virginia. WAC has been authorized by the consignor to retain as part of WAC's remuneration, the buyer's premium payable by the purchaser. There will be a $15.00 Background/Processing Fee per firearm.
3. METHOD OF PAYMENT. Online Auction sales are MasterCard, Visa or Discover. THE CREDIT CARD YOU REGISTER WITH WILL BE BILLED AT THE COMPLETION OF THE AUCTION!
CHARGE BACK PROHIBITED: You agree that you will accept all charges placed on the credit card associated with your account and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees.
4. TERMS OF PAYMENT. At the announcement of "SOLD", the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneer's hammer or at the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. Online bidding the item/items are sold to the highest bidder when the item closes. The purchaser further agrees to pay the Total Amount Due. The total amount due will be charged to the credit card that is used during registration.
5. WITHDRAWAL. WAC reserves the right to withdraw any property from the auction prior to sale.
6. PROTESTS, DISPUTES AND THE AUCTIONEER. WAC reserves the right to reject a bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. WAC's records will be deemed conclusive in all respect in the event there is any dispute after the sale.
7. FAILURE TO DELIVER PURCHASER`S PROPERTY. If WAC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, WAC's liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
8. GUARANTEE. All property offered for sale is as, is where as. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. WAC does not guarantee or make warranties on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. WAC acknowledges that there may be errors in what is written. WAC strongly recommends that you personally view any item you bid on or have an acknowledge expert view the item. WAC will have no obligation, i.e., no refunds or returns will be accepted, if the above conditions are not met. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition or physical conditions are qualified statements of opinion and not representations or warranties. No employee of WAC or any person purporting to act on behalf of WAC is authorized to make on WAC or the consignor's behalf, any representation or warranty, oral or written, with respect to any lot or item for sale.
9. BINDING EFFECT, MODIFICATIONS AND SEVERABILITY. The terms and conditions of sale shall bind the sucessors and assigns of all bidders and purchasers and inure to the benefit of WAC's successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind WAC unless specifically stated in writing and signed by WAC. If any part of these terms and conditions of sale is for any reason invalid or unenforceable, the invalid portion shall be stricken and the reset of the terms and conditions of sale shall remain valid and enforceable.
10 BIDS OF CONSIGNORS. Consignors, other than WAC, are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor.
11. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Virginia State Law. Purchaser of post - 1898 firearms must complete State and Federal registration forms at a location to be announced three days before the preview, unless otherwise specified. Dealers and out-of-state purchasers must present a copy of their FFL prior to shipping of any firearm. All firearms if not picked up at (FFL to be announced in Orange County, Virginia) must be shipped to a FFL in your State. You must be over 18 years of age to purchase a long gun and over 21 years of age to purchase a handgun. You must be able to legally own a firearm.
12. CONDITIONS OF FIREARMS. WAC makes no warranties or representations whatsoever and no employee or consultant of WAC has the authority to do otherwise, concerning the operation of firing condition, fitness for use, safety to store, or reliability of any firearm, ammunition or parts. Use of any firearm or ammunition purchased at WAC is entirely at the user's risk. WAC offers for sale the lots as "collector" lots only. WAC strongly recommends that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. WAC expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
13. DELIVERY, SHIPPING AND STORAGE CHARGES. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the firearm.
14. SHIPPING. If WAC is asked to ship the purchased lots, there will be a separate charge for such shipping. Shipping charges will be based upon what it costs WAC to ship the purchased lots to the purchaser. If packing and handling of purchased lots is done by WAC, it is done entirely at the risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. WAC will not charge any labor charges for shipping. WAC is not liable for any acts of omissions in packaging or shipping. Purchased lots handled by outside carriers or packers, including those WAC may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly with the outside carriers or packers. WAC will arrange for packaging and shipping at WAC's earliest possible convenience. WAC will attempt to ship as soon as possible; however, shipping can take up to two weeks after full payment is received. In the case of crating or any exceptional packaging, the purchaser will be charged WAC's cost from outside agents. Purchaser pays shipping, packing material and insurance charges. WAC reserves the right to purchase the outside shipper's insurance, to be self-insured or a combination of both. The shipping of any purchased items outside of the United States is hereby classified as "foreign export". All foreign export is the sole responsibility of the purchaser.
15. DISPUTES UNDER THIS CONTRACT. Purchaser and WAC agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to WAC. In the event the purchaser fails to make full payment to WAC, WAC may, but is not required to, proceed directly to court. Furthermore, the purchaser and WAC agree that should mediation be necessary, mediation fees, if any, will be borne equally by the parties. Purchaser and WAC are required under the terms and conditions of sale to enter into mediation before arbitration or any court action. Should a party commence legal action other than mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court shall be filed and conducted solely within Orange County, Commonwealth of Virginia and not in any other jurisdiction. Should mediation not settle the dispute between the parties, the purchaser and WAC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Orange County, Commonwealth of Virginia. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation and if Mediation is not successful in resolving the dispute, I then submit to neutral bidding Arbitration with WAC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
16. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS". NEITHER WILSON AUCTION COMPANY, INC. NOR THE CONSIGNOR MAKES ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHSER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST`S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY WILSON AUCTION COMPANY. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMTPING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL WISON AUCTION COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.