Special Terms
1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in Rock Island Auction Company?s (known hereafter as ?RIAC?) catalog, on the internet web site and addendum sheets will be offered for sale or sold by RIAC. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by 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 RIAC?s respective rights and obligations hereunder are governed by Illinois law. By bidding at RIAC?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 Rock Island, State of Illinois and further agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Rock Island County, State of Illinois. 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 AND SALES TAX. All bid prices ?hammer prices? (?hammer prices? mean the price at which a lot is knocked down to the purchaser) will be subject to a buyer?s premium 17.5% payable by the purchaser. The buyer?s premium shall be reduced to 15% provided the payment is paid by cash or the equivalent of cash (cashier?s check, wire transfer, or approved personal check). If the account is settled by credit card, the buyer?s premium then shall be the standard 17.5%. 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 Illinois sales tax and others may be subject to Illinois sales tax or local 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 RIAC?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 RIAC and seek a refund from the State of Illinois. Generally, all items shipped out of state are tax free sales. RIAC has been authorized by the consignor to retain as part of RIAC?s remuneration, the buyer?s premium payable by the purchaser.
3. METHOD OF PAYMENT. Auction sales are strictly for cash, cashier?s check, personal checks (with prior approval of RIAC?s management), MasterCard, Visa or Discover. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency, certified check drawn on an American bank or wire transfer.
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. The purchaser further agrees to pay the Total Amount Due. The Total amount Due must be paid in full the day of sale if attending in person, otherwise upon receipt of the buyer?s invoice. All property must be removed from RIAC?s premises at the purchaser?s expense no later than 5:00 p.m. five days following the date of sale unless otherwise agreed. If the property is not removed, it will be stored at RIAC?s facility at a cost of $50 per month. The purchaser will then be unable to pick up the purchased lots until the storage fees are paid to RIAC. If the purchased lots are not picked up and storage fees paid to RIAC, the items will be sold pursuant to the Illinois Labor and Storage Lien Act, 770 ILCS 45/0.01 et seq. and/or 770 ILCS 50/0.01 et seq.
Each purchaser at this auction grants RIAC a security interest in the property purchased. Any of the purchaser?s property and all monies held or received by RIAC on the purchaser?s behalf will be retained as collateral security for the purchaser?s obligations to RIAC. RIAC may apply against such obligations monies held or received by RIAC for the account of, or owing to, the purchaser. RIAC retains all rights of a secured party under the Illinois Commercial Code. Whenever the purchaser pays only a part of the Total Amount Owed for one or more lots purchased, RIAC may apply such payments, at RIAC?s sole discretion, to the lot or lots RIAC chooses. Payment will not be deemed made in full until RIAC has collected all amounts due in cash or good funds. RIAC has the sole discretion to determine what is considered good funds. In the event Purchaser pays by check and the check is returned due to insufficient funds, stopped payment, closed account, or for any other reason, and Purchaser already has possession of the property, such possession of the property will be deemed theft by deception and/or theft under 18 U.S.C. ? 922(u), which may result in penalties of a fine of up to $250,000, imprisonment in federal prison for up to 10 years, or both. In addition to remedies available to RIAC and the consignor by law, if the purchaser does not comply with the terms and conditions of sale (this includes but is not limited to payment in full of the Total Amount Due), RIAC, at its option, may either: (1) cancel the sale and retain as liquidated damages all payments made by the purchaser; or (2) resell the property either publically or privately, and in such an event the purchaser shall be liable for the payment of the deficiency, plus all costs and expenses of both sales and RIAC?s commission for both sales at RIAC?s standard rates, as well as any other damages, including but not limited to loss of profits. The purchaser hereby waives any and all notices of sale required under the Illinois Commercial Code. The purchaser is also responsible for all other charges due hereunder, in addition to any attorney?s fees incurred by RIAC, incidental damages, and any other damages incurred by RIAC.
5. INTEREST AND DEFAULT. Payment of the Total Amount Due is due upon receipt of the buyer's invoice. If the amount noted within the buyer?s invoice is not paid in full within 15 days of the auction, RIAC has the right and will charge the purchaser?s credit card of record on file for the total invoice amount. Interest will be charged on all unpaid balances at the rate of 1-1/2% per month (18% APR), or the highest allowable rate under Illinois law, whichever is lower, beginning 15 days after the date of purchase/auction. The purchaser acknowledges that should the purchaser not comply with any of the terms and conditions of sale, including payment of the full amount indicated on the buyer's invoice, the damages incurred by RIAC includes, without limitation, consignor commission, loss of use of money for an indefinite period, costs to relist the item and potential depreciation of the item, and loss arising on the resale of the lot, whether such damages are now known or may become known in the future. Accordingly, in the event the purchaser fails to pay the full amount indicated on the buyer's invoice within 45 days after the auction, purchaser shall be immediately liable for liquidated damages in an amount equal to 30% of the amount on the buyer's invoice. These liquidated damages are in addition to the total amount invoiced on the buyer?s invoice and any applicable interest. RIAC shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of RIAC to the outstanding debt.
6. WITHDRAWAL. RIAC reserves the right to withdraw any property from the auction prior to sale.
7. PROTESTS, DISPUTES AND THE AUCTIONEER. RIAC 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. RIAC?s records will be deemed conclusive in all respect in the event there is any dispute after the sale.
8. FAILURE TO DELIVER PURCHASER?S PROPERTY. If RIAC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, RIAC?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.
9. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. RIAC does not guarantee or make warranties on any lot sold. Descriptions in the catalog are opinion. They are written as an aid to potential bidders. RIAC acknowledges that there may be errors in what is written. RIAC strongly recommends that you personally view any item you bid on or have an acknowledged expert view the item. RIAC 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 condition are qualified statements of opinion and not representations or warranties. No employee of RIAC or any person purporting to act on behalf of RIAC is authorized to make on RIAC or the consignor?s behalf, any representation or warranty, oral or written, with respect to any lot or item for sale.
10. BINDING EFFECT, MODIFICATIONS, AND SEVERABILITY. The terms and conditions of sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of RIAC?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 RIAC unless specifically stated in writing and signed by RIAC. 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 rest of the terms and conditions of sale shall remain valid and enforceable.
11. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, RIAC may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than the high estimate and in many cases the reserve is lower than the low estimate. This bidding will not generally constitute opening bidding. If RIAC declares an opening bid and no advance to that bid is received RIAC will pass the item. However once bidding is opened RIAC will bid on behalf of the consignor to reach the reserve price. The Auctioneer may reject nominal bids, which are small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding 25 - 30% of the low estimate, the item may be passed and not sold and may not be re-offered until a later sale. This determination of whether to sell the item at the current auction or re-offer it at a later auction is at the sole discretion of the Auctioneer. RIAC buys items on the open market for sale through an auction or may offer a guarantee to a consignor. In either event, RIAC can have an ownership or other financial interest in the item(s) being auctioned. Such interest in the item(s) being auctioned may not be disclosed. If RIAC has an interest in an offered lot and the proceeds therefrom, other than our commission, RIAC may bid on the offered lot to protect such interest and such bidding shall not be prohibited under Section 12 below. Items which are not reserved are sold at the auctioneer?s discretion.
12. BIDS OF CONSIGNORS. Consignors, other than RIAC, 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. It is not prohibited conduct under this Section 12 when an Auctioneer bids on behalf of the consignor to reach the reserve price as provided in Section 11 above.
13. FINANCIAL INTEREST IN PROPERTY. Purchaser acknowledges that RIAC has a financial interest in all items offered for sale since it is paid a seller?s commission and buyer?s premium. Additionally, Purchaser acknowledges that a conflict of interest may exist because RIAC, its officers or employees, or an entity owned by one or more of them, may have a financial interest in an item offered for sale beyond the seller?s commission and buyer?s premium, which may include an ownership interest or a guaranteed amount offered by RIAC to a consignor of an item for sale.
14. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale RIAC may accept bids on behalf of potential bidders at RIAC?s own discretion by telephone or sealed bid using the forms RIAC provides. A Sealed Bid must be received and credit approved in advance of the sale date. It is the Bidder?s responsibility to establish credit before bidding, or RIAC will accept a 15% deposit in the amount of the total bids submitted. (Deposits will be returned within ten (10) days after sale, if not successful.) A Sealed Bid form is enclosed in the back of the catalog. Bids may also be faxed to (309) 797-1655. Additionally, online bidding is available on RIAC?s website. Purchasers acknowledge that by bidding absentee via mail, e-mail, telephone, through internet providers, or any other absentee means (i.e., not in person bidding), no fiduciary duty exist between the bidder and RIAC. Purchaser acknowledges that RIAC has a fiduciary duty to the sellers and not to the bidders or purchasers. Purchaser acknowledges that RIAC owes no duty to disclose the ownership of any item being auctioned. Any absentee bid is executed as if the bidder was actually present and bidding themselves. RIAC will attempt to execute bids in a manner such that the bids will prevail at the lowest bid possible. RIAC assumes no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever or for failure to execute bids such that the bids do not prevail at the lowest bid possible..
15. TELEPHONE BIDDING. In order to bid on a lot over the telephone at the time it is being sold the bidder must contact RIAC in advance to make arrangements. The bidder must contact RIAC by 2:00 p.m. the day preceding the sale to make arrangements to bid via telephone. If the bidder contacts RIAC after 2:00 p.m. the day preceding the sale, RIAC cannot guarantee that the bidder?s bids will be executed. A representative of RIAC will contact the bidder on the day of the sale, prior to the requested lot(s) going up for sale. Telephone Bids may be faxed to (309) 797-1655 or they can be submitted through our online service.
BY PARTICIPATING IN TELEPHONE BIDDING, THE BIDDER AND PURCHASER UNDERSTAND, ACKNOWLEDGE AND CONSENT TO THE TELEPHONE CONVERSATION BEING RECORDED.
"Cover-Me Bids": As a Telephone Bidder be aware that there is the risk of RIAC not being able to reach the Telephone Bidder. Therefore the Telephone Bidder may want to consider allowing his or her phone representative to execute bidding on his or her behalf. At the time of arranging for the phone bids, the Telephone Bidder need simply give the maximum amounts he or she is willing to bid on each lot in the event RIAC is unable to reach the Telephone Bidder. This amount is only utilized if the Telephone Bidder is not on the phone with his or her representative. Assuming the Telephone Bidder is reached via telephone, the phone representative will rely on the Telephone Bidder?s verbal instructions only. "Cover-me bids" are not mandatory, the Telephone Bidder can place them at his or her discretion. ?Cover-Me Bids? are simply a safety net in case the Telephone Bidder cannot be reached in time or not at all. All terms provided under Section 13 above apply to any ?Cover-Me Bids?, including but not limited to all acknowledgments made by Purchaser and any disclosure of the absence of any duties by RIAC.
Online bidding is available through third party providers. Potential bidders are informed that those third party services charge an additional buyers premium above and beyond the premium charged by RIAC.
16. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with federal and Illinois state law. Purchasers of post - 1898 firearms must complete state and federal registrations forms at Rock Island Auction Company, 7819 42nd Street West, Rock Island, IL 61201, unless otherwise specified. A 3-day waiting period is mandatory for modern handguns and a 24-hour waiting period is mandatory on modern long arms. Dealers and out-of-state purchasers must have in their possession on the day of sale, signed copies of their Federal Firearms License (FFL) in order to accept same-day delivery of modern weapons. Purchasers who act as agents for FFL dealers must have a letter of agency as well as a signed copy of the dealer?s FFL.
17. CLASS 3. All firearms designated as Class 3 must be registered in compliance with the NFA registry. A $200 federal tax payment is required each time a functional NFA firearm is transferred to or from a private owner. This fee, as well as the Total Amount Due is due at time of purchase in order to process the paperwork. The new owner of the Class 3 firearm will be required to complete 3 forms: 1) ATF Form 4, 2) fingerprint card, and 3) ATF form 5330.20 Certificate of Compliance. These forms will be provided to you by RIAC. Note: if state or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee's (buyer) permit or license must accompany the application. RIAC then mails the paperwork for the Federal Transfer Tax to BATFE. The BATFE says that it can take up to 90 days or more for approval. RIAC will receive back one of the Form 4's (they are sent in duplicate) with a Federal Tax Stamp attached to it. This is given to the new owner when he/she picks up the NFA firearm. No further tax is due. The following states do not allow individuals to own machine guns: California, Delaware, Hawaii, Illinois, Iowa, New Jersey, New York, Rhode Island, Washington D.C. and Washington. SPECIAL NOTE: If you are an SOT (Special Occupation Tax) payer (Class 3 dealer) you are able to transfer functional NFA firearms to or from other SOT payers and government agencies with BATFE approval, but without having to pay a transfer tax. RIAC makes no warranties or representations that the above-mentioned forms, fees, licenses and/or approvals will be sufficient for you to own or use your purchased firearm(s). Consult with your federal, state, and local laws, law enforcement personnel, or legal counsel to make sure you may legally own, possess, or use the purchased firearm(s) and that all fees, licenses and approvals are completed.
18. CONDITION OF FIREARMS. RIAC makes no warranties or representations whatsoever and no employee or consultant of RIAC 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 RIAC is entirely at the user?s risk. RIAC offers for sale the lots as ?collector? lots only. RIAC strongly recommends that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. RIAC expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
19. ENDANGERED OR PROTECTED SPECIES OR WILDLIFE. Any property made of or Incorporating endangered or protected species or wildlife may have import and export restrictions established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITIES). These items are not available to ship internationally and in some cases, domestically. Additionally, these items may be subject to confiscation by state or federal officials if the proper documentation authorizing their sale is not produced. By placing a bid, the bidder acknowledges that he is aware of the restriction and takes responsibility in obtaining and paying for any license or permits relevant to delivery of the item(s). RIAC does not accept liability for the inability to ship the purchased items or if such item(s) is (are) confiscated by state or federal officials prior to their shipment or transport to the successful bidder.
20. DELIVERY, SHIPPING, AND STORAGE CHARGES. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the firearm.
21. SHIPPING. If RIAC 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 RIAC to ship the purchased lots to the purchaser. If packing and handling of purchased lots is done by RIAC, it is done entirely at the risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. RIAC will not charge any labor charges for shipping. RIAC is not liable for any acts of omissions in packaging or shipping. Purchased lots handled by outside carriers or packers, including those RIAC may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly to the outside carriers or packers. RIAC will arrange for packing and shipping at RIAC?s earliest possible convenience. RIAC will attempt to ship as soon as possible; however, due to RIAC?s high volume of absentee bids, 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 RIAC?s cost from outside agents. Purchaser pays shipping, packing materials, and insurance charges. RIAC 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.
22. DISPUTES UNDER THIS CONTRACT. Purchaser and RIAC 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 RIAC. In the event the purchaser fails to make full payment to RIAC, RIAC may, but is not required to, proceed directly to court. Furthermore, the purchaser and RIAC agree that should Mediation be necessary, Mediation fees, if any, will borne equally by the parties. Purchaser and RIAC 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 Rock Island County, State of Illinois, and not in any other jurisdiction.
Should Mediation not settle the dispute between the parties the purchaser and RIAC 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 Rock Island County State of Illinois. 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 binding Arbitration with RIAC 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.
23. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD ?AS IS?. NEITHER ROCK ISLAND AUCTION COMPANY NOR THE CONSIGNOR MAKES ANY REPRESENTATION 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 PURCHASER 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 ROCK ISLAND AUCTION COMPANY. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL ROCK ISLAND AUCTION COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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