General terms and conditions
All items are sold as is where is without warranty or guarantee of any kind.
The auctioneer is not responsible for the condition for any items sold.
All Sales are Final! (Absolutely No Returns). Internet and all remote buyers will pay a Premium of 23%. Ohio residents will pay 7.25 % Ohio sales tax. All shipping and handling charges are the sole responsibility of the buyer.
INVOICING: Internet bid winners may receive one invoice for bid winning and a separate invoice for shipping and handling charges. In Most cases we will only send one Invoice with Shipping and Handling fees within the same invoice. Here at Edwards Auctions we handle the shipping ourselves. We do not farm out shipping to a third party. We often package the items prior to invoicing so we can more accurately charge for the Shipping & Handling. Bid winners authorize the charges to be place on their credit card on file. Live auction attendee bid winners shall receive one invoice.
INTERNET BIDDERS: Bidders are able to bid via the Internet through AuctionZip.com, Invaluable.com and e-bay.com. The auction business is not responsible for INTERNET, software and/or system failures in attempts to execute bidding. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until your bid is either successful or exhausted. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders are subject to a 23% Buyer's Premium.
ITEM REPRESENTATIONS: The auctioneer and auction house will identify items by common language but does not make any representations regarding the item value, estimated value, market value or any representation regarding condition, antiquity or age status. Buyer must make all of his/her personal item evaluations.
LEGAL POSSESSION: Bidder's agree to inquire and conform to any legal requirements regarding buying, receiving, owning or storing an item before bidding on an item. By bidding the bidder professes he/she has a legal right to buy and receive an item.
In Some Country's it is illegal to ship certain Items Such as Coins, Jewelry, and Gold & Silver. It is the buyer's responsibility from which you want items shipped, to know whether or not it is legal for us to ship. Illegal items will not be shipped.
Coins that are not PCGS, NGC, ANACS or other reputable grading services are not graded by auctioneer and are only mere opinions of the seller. Please use your own judgment to condition and grade of any item. Again, please ask questions before you bid by calling the Auction Gallery at 937-547-3202 at least 2 hours before the live auction begins. If we are unavailable please leave a message and we will answer your call as soon as possible. Questions will not be answered during the auction.
Terms and Conditions:
By submitting your bid, you agree that:
You have read and agree with the Auctioneer Terms and Conditions below and the AuctionZip Terms of Use Agreement
You agree to pay a buyer's premium of up to 22% and any applicable taxes, shipping & handling fees.
Richard Edwards Auctioneer - Terms
STANDARD TERMS
AUCTIONEER/AGENT STATUS: The auctioneer acts as agent only, and under the terms of this contract shall not be liable for any default of the purchaser, bidder, consignor, seller, or vendor.
AUCTION ABSENTEE BIDDING: Absentee bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, INTERNET bidding websites, mail or fax. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and an auction floor bidder, the auction floor bidder will win the item at their amount bid. Although best effort is made, Auctioneer cannot guarantee the execution of absentee bids.
AUCTION BIDS: All items are sold to the highest bidder. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. The auctioneer has the right to decline, reject, and or refuse any bid, from any venue. The auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid.
AUCTION BIDDER'S CONTRACT: It is expensive to set up, prepare, lot, photograph, list and run an auction. We have auction expenses, staff labor expenses, and on line charges to run an auction. We rely upon our auction earnings for our living. If you do not fully intent to honor a bid and make funds available the same day, close of auction, please do not bid. This is your contractual agreement. Bidders who do not honor and pay for bids cost us time, money and expense. We are permitting your participation in this auction based upon your guarantee that you will honor and pay for your bids. Bidders who fail to pay for bid winnings eliminate our opportunity to have sold the item in an auction to a willing buyer.
AUCTION APPROVED BIDDERS: Auctioneer reserves the right to rescind, reject, and or terminate any participants, participation in any auction conducted by Auctioneer, with or without explanation.
AUCTION CONTRACT: By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale in the venue of in the State of Ohio.
AUCTION/AUCTIONEER LICENSES: The principal auctioneer is Richard L. Edwards Auctioneer
AUCTION REGISTRATION: Bidders agree to ensure all registration and billing information is accurate and up to date at the time of registration. All bidders are required to complete registration, including; full name, address, phone, email, signature (hard copy or electronic) and valid and current driver's license number. Those not willing to disclose this information cannot participate in the auction. Auction House will not be held responsible for any delays or losses due to inaccurate or false information provided at the time of registration. Bidders who register and provide inaccurate or incomplete information which involves a credit card on file which cannot be charged for bid winnings on 1st attempt on the day of , or after an auction, loses all rights to purchase the item(s) at the sole option of the auction house.
AUCTION EMPLOYEES: Employees and associates of the auctioneer are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
AUCTIONEER RIGHTS: The auctioneer shall have the right to sell or pass any item at auction without explanation of cause.
BID ACKNOWLEDGEMENT: The auctioneer shall have the right to acknowledge bids, and recognize bidders, in the order as he observes them.
BID CARD: Only the raising of a bid card is accepted as a bid by live auction participants. If you do not raise your bid card and you are missed the bid will go to the bidder who followed instructions on bidding.
BID CARD RESPONSIBILITY: Bid winners are responsible for all winning bids made by the registered bid card number. Bid winners may NOT transfer any portion of their bid winnings to any other bidder, regardless of the other bidder's consent.
BID CARD PAYMENTS: All bids must be paid for in full, prior to removing any item from the auction business property or place of auction. Only one method of payment may be used to pay for auction bid wins. No splitting of payments is permitted.
BIDDER CHARGE BACKS: Bidders agree to pay all costs related to any "charge back" by banks and/or credit card companies, including fees, processing charges, collection cost, attorney and court costs. Any bidder who provides a credit card for charging auction winning bids, and later charges back the charge shall pay the auctioneer a $35.00 charge back administrative and processing fee in addition to the initial amount of the charge, regardless of by check or credit card, regardless of venue. Any person who refuses to pay such charges shall result in a suit for recovery of charges, fees and processing, brought in the State of Ohio . All bidders agree that the sole venue for hearing such cases shall be in Darke Co. Greenville Ohio Court.
BIDDER DEFAULTS: All bid winnings must be paid for by close of auction day or event, or process-able for payment, on or after close of auction day, by means of the credit card placed on file for that purpose with auctionzip.com during registering. Having and maintaining a valid credit card assigned during registration is a specific requirement and term of accepting a registration from all INTERNET bidders. In event a bidder fails to submit or enable payment for a winning bid on or after the date of auction, the bidder shall be in default or the bid terms and agreement. No portion of monies paid for an item shall be refunded in event of bidder default. All bidders agree that funds shall be available on the date of auction, regardless of method or venue by which payment is to be made. Failure to have funds available on a registered credit card the date of auction shall be deemed default. A credit card charge which is declined on 1st attempt shall constitute default. The bidder loses all rights to purchase an item in event of default.
BID DISPUTES: Once the items is declared sold either by auctioneer saying sold or by calling the bid number. Ohio state law requires selling the item to the party on which auctioneer claimed the item sold to.
BIDDER PAYMENT: Our sellers are expecting payment in a timely manner. It is imperative that you have funds available on your credit card the day of auction. Bidder's may lose all rights to purchase any item on which payment does not clear on 1st attempt, regardless of venue or means of attempted payment processing.
BIDDER RISK ACCEPTANCE: Bidder's agree to accept all risk related to purchasing any item at auction and agree to obtain inspections and necessary training in regards to the item ownership or use, exclusive at the bidder's cost. Bidders accept risk of loss or damage to any item which is won at auction, and in such cases the amount due for the item with all applicable charges shall not be diminished based upon item age or condition, and such charges shall remain fully in force. Bidders accept risk of loss or damage to any item left on auction house property, and/or stored by the auction house pending shipment to the winning bidder. Auction Business will take all reasonable precautions to protect items held in storage pending shipments but provides no insurance coverage for that purpose and bidder's agree the auction business stores items completely "at risk" to the bidders and/or winning buyer.
BUYERS PREMIUM: A buyer's premium of 22% for Remote buyers. Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax. All bidders, regardless of venue by which they bid, are required to pay by close of day on the auction day event, regardless of the actual day the auction business processes credit card charges, and agree to authorize one charge for the item cost, and another charge for shipping charges. If payment is not received and or process-able with funds available on or after close of the auction event day, the auction house has the right to deem the sale "null & void" and a non-paying bidder feedback will be left. We reserve the right to verify funds on personal checks.
CONDITIONS OF SALE: Bidders agree to accept all bid winnings "AS IS", "WHERE IS", without returns, warranty, exchange, refunds and credit.
CORRESPONDENCE: Participant correspondence is time consuming and costly in staff time requirements. All participants agree to direct phone calls to 937-423-2656 ONLY, and e mail to : Rich@edwardsauctions.com ONLY, in corresponding with the auction house. All participants agree to respond to e mail messages sent via auctionzip.com from the auction house within two days of being sent to the participant.
ABSOLUTELY NO FIREARMS WILL BE SOLD TO, OR SHIPPED TO ANYONE OUTSIDE OF THE UNITED STATES!!! If you live outside of the US and bid on firearms, you will be billed for the Purchase of the firearm, but you will not receive it in any form and you will not be refunded on part of your money. If you should have questions, you must ask before you bid. Please ask questions by calling the Auction Gallery at 937-547-3202 at least 2 hours before the live auction begins. If we are unavailable please leave a message and we will answer your call as soon as possible. Questions will not be answered during the auction.
******MAKE SURE YOU ARE LEGAL TO OWN GUNS WHERE YOU LIVE. Please check with your State and local laws before bidding. When you buy a firearm, you are stating that it is completely LEGAL for you to own and Legal to be shipped to your local FFL dealer. If you are from a state where this item is illegal to own and you still bid on this item, you will be responsible for all fees associated with the original listing and the re-listing of this item. Please include a hand signed copy of the FFL to whom the firearm will be shipped. All firearms will be shipped to active FFL holder only. PLEASE INCLUDE THE AUCTION NUMBER OR NUMBERS ON THE FFL AND PAYMENT so we know what you have purchased. All firearms must be transferred to an FFL and arrangements must be made prior to bidding. Shipping costs on firearms and or any fees associated with the lawful transfer of a firearm from this FFL to another is the sole responsibility of the buyer.
TBI APPROVAL: If picking of a firearm at the residents home it is totally incumbent upon the winning bidder to be able to obtain TBI firearm purchasing approval for any firearm purchased. A $10.00 fee applies to background checks, which must be paid regardless of the background check outcome.
FIREARM BUYER'S STATEMENT: All firearm buyers agree to follow all applicable federal and state laws in the acquisition, ownership, possession, control and use of any firearm purchased from the auction business. All buyers agree to safely store firearms away from minors, children and prohibited persons, including unauthorized or untrained adults. Buyers profess that it is legal for the buyer to obtain, have and control items purchased at auction where they live and or will store an item. Buyers of firearms affirm that the firearm(s) will be used for lawful purposes only.
FIREARM BUYER'S FFL COPIES SUBMISSION: Federal Firearm Licensee Copies may be submitted via E MAIL ONLY to Rich@edwardsauctions.com
FIREARMS SHIPPING: The terms & conditions for shipping firearms varies from the standard shipping terms and conditions. Handguns are required to be shipped Next Day Air through UPS. Please keep in mind this may be costly. Rifles and/or shotguns can go UPS Ground. If you would like your firearms sooner, you can request that rifles and/or shotguns be sent Next Day or Two Day. Black powder weapons and muzzle loaders do not require shipment to a federal firearms licensee, but they still must be shipped through UPS Ground.
LIVE AUCTION SITE FIREARMS SAFETY RULES (WHEN FIREARMS ARE BEING AUCTIONED):
1. Never point a firearm at another person.
2. Loading any firearm at the auction is prohibited.
3. Carrying a loaded firearm at the auction is prohibited unless you have a CCP.
4. Defeating or attempting to defeat any security safety tie or gun safety locking device on any firearm at auction is prohibited.
5. Fitting any ammunition into any firearm at auction is prohibited.
6. Dis-assembly of any firearm at auction is prohibited.
7. Dry firing, or pulling the trigger on any firearm at the auction is prohibited.
8. Allowing a minor or child to handle or hold a firearm is strictly prohibited.
9. Removing any firearm from its display is prohibited.
10. Opening a display case is prohibited.
FITNESS INSPECTIONS & USER TRAINING: The auctioneer and auction business does not make any warranty related to any item sold at auction. Buyer's agree to arrange for obtaining advise, training, owner's manuals, technical manuals, formal inspection and evaluation of an item by a professional prior to any use and or handling, and accept full responsibility for failure to do so.
SALES TAX: Ohio residents are required to pay applicable Ohio state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file.
ILLEGAL ITEMS: Any item received for auction which is later determined to be illegally possessed, stolen or with any other claims, will be surrendered to the appropriate law enforcement agency, with all auction fees remaining fully due and in force, and such surrendered shall not void or reduce fees due the auction house from the consignor.
INTEREST: Any interest earned on any funds deposited into account(s) of the auction house shall be earned income, distributed exclusively to the auction house.
INTERNET BIDDING: On line/INTERNET bidders agree to accept risk of system failures, down time, inability to place a bid due to electronic conditions or failures, software failures or mishaps, as a condition of INTERNET bidding participation. In event of an INTERNET, software or operating inability to run the internet auction, the entire auction will STOP, until the INTERNET portion is back on line. If the INTERNET portion of the auction cannot be restored after thirty minutes of outage, the auctioneer may at his option, and without imposition of any penalty, suspend or re-schedule the auction for another day. All participant's agree to hold harmless, the auctioneer, in event such an instance takes place, and is a specific condition of participating in the auction. The auctioneer may at his pleasure, accept and process any absentee bids which are recorded.
INTERNET FIREARM BIDDERS: All INTERNET firearm bidders agree that all firearms regardless of age, type or antiquity status require shipment to a federal firearms licensee. We cannot risk shipping a firearm to an unlicensed person believing the firearm is exempt from federal laws due to age of manufacture. Many firearms which bear patent dates of and prior to 1898, were actually made after 1898.
All bidders agree that firearm bids are final, and may not be canceled, revoked or otherwise dismissed. When a bidder bids on and wins a firearms bid, the bidder has eliminated our opportunity to have sold the firearm to another bidder during the auction. Any bidder who fails to submit a federal firearms licensee copy to us within thirty (30) days constitutes defaulting on these bidding terms, and shall forfeit all monies paid to up until the default, with no portion returned to the bidder.
It is totally the responsibility of the winning bidder to arrange for, secure and ensure the designated federal firearms licensee of choice, whom the bidder wishes to receive the firearm, submits a bona fide copy of his/her federal firearms licensee to the auction business within five (5) days of close of auction, without the necessity of reminders or prompting by the auction house.
After five (5) days without receipt of a FFL license copy being e mailed to us at: Rich @edwardsauctions.com, a firearm secure storage charge of one ($1.00) dollar per day shall apply, not to exceed thirty days in storage, without payment of the accumulated storage charges.
After thirty (30) days of an auction day event, when a buyer is unable, unwilling or otherwise fails, to obtain TBI transfer approval, or a valid ship to FFL licensee copy has not been provided, the sale shall be declared in default, and the firearm and any monies paid shall be forfeited to Chad McCarter Auction Center whom may auction the firearm again to pay administrative, processing and storage charges. All bidders agree. After 30 days in storage without storage payment, the item may be re-listed for auction, and sold regardless of price, payment of which shall be earned income of the auction house in consideration of administrative, processing and storage charges, with no portion of the auction proceeds shall be returned to the original bidder. This is a specific requirement and term of accepting a registration from all INTERNET bidders.
LOCAL LIVE AUCTION FIREARM BIDDERS INABILITY TO OBTAIN TBI APPROVAL:
Inability of a bidder to be able to get TBI approval within thirty days of the auction shall be deemed bidder default of terms. In event of bidder default a one hundred ($100.00) dollars bid default penalty shall apply to a bidder who fails to abide by this requirement. Only the actual bidder on a firearm may receive that firearm. Another person is not permitted to process paperwork and receives the firearm, as this is a straw purchaser under federal law.
LOCAL LIVE AUCTION BUYER'S ITEM REMOVAL: All item bid winnings must be removed from the auction business by close of auction day or event, except when shipping is required by the winning bidder, otherwise storage charges shall apply and accrue, not to exceed thirty (30) days in totality. After 30 days in storage without storage payment, the item may be re-listed for auction, and sold regardless of price, payment of which shall be earned income of the auction house in consideration of storage charges, with no portion of the auction proceeds returned to the original bidder.
SHIPPING: Shipping Charges are billed to your credit card separately from you bid winning invoice. One bid winnings have been paid, we wrap, pack, box, and transport items to the post office or UPS office where actual shipping is determined at that time. Upon return to our shop we bill your credit card for actual shipping plus a single charge of $7.50 for wrapping, packing, handling of your ship outs. If a winning bidder has shipments going out in one or more boxes, there is only one $7.50 packing, boxing, handling charge.
If items do not fit into US Postal Service boxes and we have to purchase a special box to ship the item(s) a $15.00 per oversize box charge applies. Long items such as swords and rifles will always require an oversize long shipping box. Sometimes we can sufficiently wrap swords or rifles in bubble wrap and pack more than one sword or rifle in the same box to reduce costs.
We reserve the right to make two charges to your credit card. One for the item and a separate charge for the shipping, for which the bidder agrees.
Non shippable items, and items for which we cannot obtain a box, are totally the responsibility of the winning bidder. This means you as the winning bidder must make all arrangements to have the item picked up by the shipper, packed and boxed, and subsequently shipped. Our responsibility ends once your designated carrier/shipper picks the item up from the auction house and signs for it. All correspondence from that point forward would be between you and your carrier/shipper. We will store an oversize item for five (5) days from the close of auction date at no storage charge. On the sixth (6) day after close of auction, a five ($5.00) dollars per large item storage fee shall apply to large items, and a one ($1.00) dollar per day storage charge shall apply to smalls. No item shall be stored past thirty (30) days unless you contact the auction house 937-547-3202 and pay accumulated storage charges. Any bidder who fails to provide timely payment of accumulated storage charges after each thirty (30) days in storage shall be subject to having the item re-auctioned off to pay for accumulated storage charges, auctioned regardless of price, for which any monies receives shall be retained totally by the auction house as earned income, to satisfy administrative, processing and storage expenses.
TELEPHONE BIDDERS: All telephone bids must be submitted no less than 24 hours prior to auction. Telephone bids may be submitted via email, our website, mail or e mail. Although best effort is made, Auctioneer cannot guarantee the execution of telephone bids.
TERMS OF SALES: All goods are sold "AS IS" NO WARRANTY: All items are offered at auction as "NO WARRANTY", sold "AS IS" - "WHERE IS", no exceptions whatsoever. There is no warranty of fitness, merchant-ability of suitability for any purpose.BY BIDDING, OR CONSIGNING ITEMS, YOU AFFIRM THAT YOU ARE ENTERING A LEGAL CONTRACT AGREEMENT WITH THE AUCTION BUSINESS AND THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS CONTACT, WITHOUT EXCEPTIONS; Whereas I desire to participate in the auction as either/or a seller or buyer, I agree to the totality of terms as specified herein, and affirm that no verbal statements whatsoever, shall apply to this contract.
