Special Terms
Terms & Conditions
PLEASE READ BEFORE REGISTERING
Any reference of we, us, or our in the Terms & Conditions and the Bidding App License Agreement shall mean Lewis & Grant Auctions LLC (“L&G”), a limited liability company registered in the Commonwealth of Kentucky (US) with a registered address in Newport, KY. Any individual or entity registering to bid in an L&G auction agrees to the below Terms & Conditions and the Bidding App License Agreement. L&G reserves the right to deny or reject any individual or entity from bidding, registering, and/or attending any or all auctions for any reason.
ACCEPTANCE OF TERMS. Bidding or registering to bid at auction indicates that an individual or entity has read and agreed to be bound by the Terms & Conditions and the Bidding App License Agreement. Terms & Conditions and the Bidding App License Agreement are non-transferable and only apply to the original buyer at the time of sale. All disputes will be governed by laws in the Commonwealth of Kentucky.
BUYERS RESPONSIBILITY. Buyers are responsible for having full knowledge of the legality of purchasing, taxing, transferring, importing, or exporting any item in their home jurisdiction. All buyers purchasing modern firearms as defined by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) will be subject to:
-A background check as required by law.
-Providing documentation of a valid C&R License or Federal Firearms License (FFL). A valid C&R or FFL (if applicable to purchase) must be submitted to L&G within 2 business days of the end of the auction. It is the sole responsibility of the buyer to satisfy themselves of an item's age, condition, and status before bidding, regardless of method used for bidding. Condition reports and other questions will be handled by staff until 5:00 PM US EST the day prior to an auction.
-All property is sold AS-IS, and ALL SALES ARE FINAL, with any and all faults and without warranty or guarantee of any as to age, manufacturer, condition, model, year, size, unless otherwise stated by documentation. All information contained herein is believed to be correct to the best of L&G's knowledge and is furnished for the bidders convenience and the bidder shall bear the responsibility to determine that all information is accurate and complete. Each bidder must conduct and rely solely upon its own investigation and inspection prior to the auction. L&G will describe in detail each item and information about that item to the best of our knowledge, but will not be responsible for errors or omissions to the description. Bidder agrees that everything is sold “AS IS” / “WHERE IS.” The L&G limited warranty applies only to the original purchaser of an item. Any disputes regarding authenticity will only be entertained up to 14 days after the date of auction. If the buyer is not satisfied with the authenticity of an item, they must, at their own expense, furnish two statements from mutually agreed upon experts in the field.
-Buyer’s sole remedy for disputes of authenticity will be the rescission of payment and return of the item. It is to be understood that this is the only remedy available to the buyer and is in place of any other remedy. L&G reserves the right to deny returns of any object collected by a bidder after title is transferred. L&G is providing Internet pre-auction and live bidding as a service to the bidder. Bidder may not hold L&G responsible for any failure to bid on any certain item(s) due to circumstances beyond our control. L&G reserves the right to accept or reject any bidder or bids.
DESCRIPTIONS AND CONDITION. Item descriptions are given as a courtesy and are the opinions of L&G. Catalog descriptions carry a limited guarantee to protect the buyer from major discrepancies; as such, this limited guarantee does not protect against any less than the aforementioned major discrepancies. Not all items offered for auction have been disassembled nor have had their internal parts verified. L&G uses the following NRA-developed terminology condition standards of firearms:
Modern Gun Condition Standards
-NEW: Not previously sold at retail, in same condition as current factory production.
-PERFECT: In New condition in every respect (many collectors & dealers use ‘As New’ to describe this condition).
-EXCELLENT: New condition, used but little, no noticeable marring of wood or metal, bluing perfect (except at muzzle or sharp edges).
-VERY GOOD: In perfect working condition, no appreciable wear on working surfaces, no corrosion or pitting, only minor surface dents or scratches.
-GOOD: In safe working condition, minor wear on working surfaces, no broken parts, no corrosion or pitting that will interfere with proper functioning.
-FAIR: In safe working condition but well worn, perhaps requiring replacement of minor parts or adjustments which should be indicated in advertisement, no rust, but may have corrosion pits which do not render article unsafe or inoperable.
Antique Firearm Conditions Standards
-FACTORY NEW: All original parts; 100% original finish; in perfect condition in every respect, inside and out.
-EXCELLENT: All original parts; over 80% original finish; sharp lettering, numerals and design on metal and wood; unmarred wood; fine bore.
-FINE: All original parts; over 30% original finish; sharp lettering, numerals and design on metal and wood; minor marks in wood; good bore.
-VERY GOOD: All original parts; none to 30% original finish; original metal surfaces smooth with all edges sharp; clear lettering, numerals and design on metal; wood slightly scratched or bruised; bore disregarded for collectors firearms.
-GOOD: Some minor replacement parts; metal smoothly rusted or lightly pitted in places, cleaned or re-blued; principal letters, numerals and design on metal legible; wood refinished, scratched bruised or minor cracks repaired; in good working order.
-FAIR: Some major parts replaced; minor replacement parts may be required; metal rusted, may be lightly pitted all over, vigorously cleaned or re-blued; rounded edges of metal and wood; principal lettering, numerals and design on metal partly obliterated; wood scratched, bruised, cracked or repaired where broken; in fair working order or can be easily repaired and placed in working order.
-POOR: Major and minor parts replaced; major replacement parts required and extensive restoration needed; metal deeply pitted; principal lettering, numerals and design obliterated, wood badly scratched, bruised, cracked or broken; mechanically inoperative; generally undesirable as a collector's firearm.
REGISTRATION. All bidders must submit their full legal name, address, email, and telephone number at the time of registration. Photo identification will be required at the time of registration. Agents of bidders must provide proof of agency before bidding. Agents are responsible for the payment of any won lots, whether or not the agent is paid by their executor(s). Third party checks are not accepted. Bidders may be asked to present a credit card or to submit credit card information for online registration. All sales will be invoiced to the name with which you register.
ESTIMATES AND RESERVES. Opening bids will be no less than 50% of a given low estimate. Some items may have reserves. The auctioneer reserves the right to bid on the seller’s behalf up to this amount. An item will not sell for less than the reserved amount.
BIDDING. Auctioneer will have sole discretion in accepting bids.
-Absentee. Buyer’s may place absentee bids. These bids will be executed by the auctioneer starting at the lowest amount to the highest amount. Absentee bidders are encouraged to place their bids at least 24 hours prior to the start of the auction. Absentee bids placed after this time are not guaranteed to be executed. In the event of tied absentee bids, the bid placed first will be given preference.
-Phone. A limited number of phone bids are available for live bidding. Phone bidders must register before 5:00 PM US EST on the day prior to an auction. Phone bidders registered after this time are not guaranteed. Phone bidders are encouraged to place a backup bid, in the event we are unable to reach the bidder. These bids will be placed by the operator on the bidder’s behalf. L&G is not responsible for missed phone bids.
-Internet. See Bidding App License Agreement below for details on the L&G online bidding platform. L&G reserves the right to place auctions on third-party online platforms such as Proxibid, LiveAuctioneers, HiBid, and others. Buyers are responsible for the payment of any charges incurred by the use of these third-party platforms (i.e. additional buyer’s premium, Internet premium). L&G is not responsible for the failure of platforms or any other technological issues experienced while using online platforms.
BUYER’S PREMIUM. A buyer’s premium of 15% will be added to the hammer price of each lot plus any premium imposed by the applicable third-party auction platform (if third-party platforms are used).
INCREMENTS
$1-$300 -- $10
$300-$500 -- $25
$500-$1,000 -- $50
$1,000-$3,000 -- $100
$3,000-$5,000 -- $250
$5,000-$25,000 -- $500
$25,000-$50,000 -- $1,000
$50,000+ -- At the discretion of the auctioneer.
Auctioneer may change the increment at any time.
TITLE. Title shall pass upon the falling of the hammer or the announcement of the lot as “sold” by the auctioneer. Buyer assumes all risk in transporting items after title has been transferred. L&G assumes no responsibility for items damaged after title has passed.
PAYMENT. Payment is due upon awarding of the lot. Payment methods accepted are cash, check, credit card (3% fee for credit card transaction), ACH (3% fee for each ACH transaction), money order, and wire transfer ($20 fee for each wire transfer). Payment must be made within 5 business days of receiving your invoice from L&G. Buyers with outstanding balances after 5 business days from receiving their invoice will be considered non-payers.
It is the buyer’s responsibility to remove all items from the premises at the time of sale. Items not removed after 30 days from auction date will incur a storage fee of $25 per week to be paid by the buyer. Items will not be released to the buyer until all fees, including any applicable storage fees are collected in full. Items not removed after 90 days from the date of auction will be considered abandoned property and will be subject to resale or disposal at the discretion of L&G without a refund.
TAXES. L&G may collect sales tax or use tax when applicable. In the event of a contested tax payment, the buyer agrees to either pay the state directly or reimburse L&G for any and all tax liabilities. Reseller Certificates and/or Tax-Exempt Certificates must be sent to L&G within 2 business days of the end of the auction.
SHIPPING. L&G uses a third-party fulfillment partner for shipments. L&G is not responsible for any damages incurred during shipping. Buyer is responsible for all shipping, handling, and insurance costs. It is assumed that all purchases will be shipped unless otherwise communicated to L&G within 2 business days of the end of the auction. Purchases may be available for in-person pickup. Pickups require an appointment. Contact L&G to arrange pickup or for special delivery.
LIABILITIES AND WARRANTIES. Every lot is sold “AS IS” and L&G does not make any representations or warranties except those as laid out in these Terms & Conditions and/or Bidding App License Agreement. Ammunition is sold as collectors ammunition only. Buyers shall assume any and all liability for its use, and will hold L&G, its officers, employees, consignors, and affiliates harmless from any damages or losses resulting from its use. L&G shall not be liable for any loss or damages resulting from the use of purchased items.
RETURNS. The L&G limited warranty applies only to the original purchaser of an item. Any disputes regarding authenticity will only be entertained up to 14 days after the date of auction. If the buyer is not satisfied with the authenticity of an item, they must, at their own expense, furnish two statements from mutually agreed upon experts in the field. Buyer’s sole remedy for disputes of authenticity will be the rescission of payment and return of the item. It is to be understood that this is the only remedy available to the buyer and is in place of any other remedy. L&G reserves the right to deny returns of any object collected by a floor bidder after title is transferred.
BIDDING APP LICENSE AGREEMENT
Lewis & Grant Auctions LLC (“L&G”) Bidding Software Application ('App') is licensed, not sold, to you for use in placing bids at auctions where L&G elects to accept bids placed through the App. L&G or L&G's Licensor retain ownership of the App and they reserve all rights not expressly granted to you. The terms of this License Agreement will govern any software upgrades that replace and/or supplement the App, unless such upgrade is accompanied by a separate license agreement, in which case the terms of that License Agreement will govern such upgrade. Subject to the terms and conditions of this License Agreement, you are granted a limited non-exclusive license to install and use the App on a mobile device owned or controlled by you. You may not rent, lease, lend, sell, redistribute, or sublicense the App.
By using the App to place a bid: (i) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers set forth herein; (ii) you agree to all such terms, conditions, and disclaimers; (iii) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers for L&G auction in which you are bidding (such terms, conditions, and disclaimers are not set forth herein and must be obtained from L&G); and (iv) you agree to all of the terms, conditions, and disclaimers of L&G for the specific auction in which you are placing a bid. L&G reserves the right to restart a disrupted auction (for any reason covered in these terms) from the point of disruption (failure). L&G reserves the right to extend any auction beyond its original scheduled end time.
Neither L&G, L&G's Licensor, nor the auctioneer is your employee, agent, representative, or contractor with respect to any auction in which you may participate. L&G is providing an Internet-based service through the App that enables you to place a bid with an auctioneer at a live auction. The auctioneer for any given auction is retained by L&G to conduct that given auction.
Any bid that you place through the App in an auction is a legally binding offer to purchase the property being auctioned. Your bid may be accepted by the auctioneer, in which case a legally binding agreement will be in place between you and L&G. The terms, conditions, and disclaimers of L&G for that specific auction will be part of the foregoing agreement. All bids shall be deemed pending unless and until duly accepted by the auctioneer.
The auctioneer has the sole and absolute discretion to advance the bidding, including the discretion to reject any bid which the auctioneer believes does not advance the auction and/or is injurious to the auction. Bids that may be rejected include, without limitation, bids that appear to the auctioneer to be nominal, suspicious, and/or suspect. No bid shall be deemed a valid bid unless and until accepted by the auctioneer.
All bids are accepted at the sole discretion of the auctioneer. For any given auction, the successful bidder is deemed the bidder that places the bid that is accepted by the auctioneer. The auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. The auctioneer's determination of the successful bidder shall be the final determination of the successful bidder.
If you are the successful bidder, you agree to pay the amount of your bid, all applicable taxes set by law, and any commissions, premiums, and other expenses that are set forth in L&G's Terms & Conditions, including any terms and conditions that may be orally announced by the auctioneer at the auction. You agree to indemnify and hold L&G harmless from and against any and all costs, expenses, losses, and damages (collectively 'damages'), including without limitation reasonable attorney's fees, L&G may incur with respect to your failure to pay all amounts that you are legally required to pay as the successful bidder. All sales are final upon the determination of the successful bidder by the auctioneer.
Unless otherwise expressly provided by L&G, all property is auctioned and sold in its 'as is' condition on the day of the auction. It is the bidder's responsibility to determine the nature, condition, and state of title of the property to be purchased at the auction. Unless otherwise expressly provided by L&G, all property is auctioned and sold where it is located on the day of the auction (i.e. 'where is'). The successful bidder shall make arrangements with L&G for accepting delivery of any property that is purchased at an auction. Any shipping, handling, and insurance expenses shall be governed by L&G’s Terms & Conditions for the given auction. There shall be no returns or exchanges except as may be expressly permitted in writing by L&G under its Terms & Conditions for the given auction.
DISCLAIMER OF WARRANTIES. You may be entitled to warranties, conditions, and terms that may not be excluded or limited by L&G under applicable law. Except for warranties, conditions, and terms that L&G may not exclude under applicable law, the App is made available “as is.” Except for those non-excludable warranties, conditions, and terms, L&G makes no warranties, conditions, representations, guarantees, or terms (express or implied, whether by statute, common law, custom, usage, or otherwise) as to any matter including performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, satisfactory quality, and fitness for any particular purpose. This disclaimer of warranty may not be valid in some states. You may have warranty rights under law which may not be waived or disclaimed. L&G does not seek to limit your warranty rights to any extent not permitted by law.
LIMITATION OF LIABILITIES. You may be entitled to remedies that may not be excluded or limited by L&G under applicable law. Except for any remedies that cannot be excluded or limited under applicable law, L&G will not be liable to you for any loss, damages, claims, or costs including any indirect, consequential, or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, or failure to meet any duty of care, or claims by a third party, even if a representative of L&G has been advised by you of the possibility of such loss, damages, claims, or costs. In any event, the liability of L&G in connection with your use of the App is limited to the greater amount of (i) the amount, if any, paid by you to L&G for the App, or (ii) ten dollars ($10.00).
Neither L&G nor L&G's Licensor provide support services for the App. Neither L&G, L&G’s Licensor, nor the auctioneer shall be held responsible for a missed bid or the failure of the App to function properly for any reason. You acknowledge that the App may not be operational at any given time for various reasons, including repairs, maintenance, upgrades to the App, and many causes that are not within the control of L&G, L&G's Licensor, or the auctioneer, including without limitation power failures, defects in third-party equipment, and acts of God. In the event that the App fails to properly operate for any reason during any auction, thus preventing you from placing a bid, you acknowledge and agree that you are subject to the limitation of liabilities set forth above.
The disclaimer of warranties and limitations of warranties set forth above, including all exclusions and limitations set forth therein, will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. The terms, conditions, and disclaimers set forth herein shall be governed by the laws of the Commonwealth of Kentucky.
In the event that redress to a court of law is necessary to resolve any dispute that arises between you and L&G concerning these Terms & Conditions and/or the Bidding App License Agreement, then the proceedings shall be initiated in the Kentucky court that has appropriate subject matter jurisdiction. With respect to any proceedings that are appropriately brought in one of the foregoing courts, you agree that the court shall have exclusive jurisdiction and venue to adjudicate the dispute. You consent to venue and jurisdiction and waive all questions and defenses of personal jurisdiction, improper venue, or forum non conveniens for the purpose of any proceedings brought to resolve a dispute described in this section.
The non-exclusive license granted to you in this Licensing Agreement is effective until terminated. Your rights under this Licensing Agreement will terminate automatically or otherwise cease to be effective without notice from L&G if you fail to comply with any term(s) of the Terms & Conditions and/or the Bidding App License Agreement. Upon the termination of this Bidding App License Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App.
LIMITATIONS AND EXCLUSIONS APPLY TO MAXIMUM EXTENT ALLOWED BY LAW. The limitations and exclusions set forth in these Terms of use apply to the maximum extent permitted by law.
ENTIRE AGREEMENT. These terms constitute the entire agreement between you and L&G regarding your use of the App and the terms supersede any prior agreements between you and L&G relating to the App.
NON-ASSIGNMENT. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without L&G's written consent. L&G may transfer or assign its rights under these terms to a third party.
SEVERABILITY. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
NO WAIVER. L&G's failure to enforce or exercise any of these terms is not a waiver of that term in the event of a subsequent violation by you.
Last Updated: 23 April 2021
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