Bidding Increments
| From: | To: | Increment: |
|---|
| £0 | £49 | £2 |
| £50 | £99 | £5 |
| £100 | £199 | £10 |
| £200 | £499 | £20 |
| £500 | £999 | £50 |
| £1,000 | £1,999 | £100 |
| £2,000+ | | £200 |
Conditions of Sale
PART I - CONDITIONS MAINLY AFFECTING BIDDERS AND BUYERS
1. DEFINITIONS
In these Conditions :
a. "auctioneer" means Gerrards or its authorised auctioneer, as appropriate;
b. "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
c. "hammer price"means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
d. "terms of consignment"means the stipulated terms and rates of commission on which Gerrards accepts instructions from sellers or their agents
e. "total amount due"means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting purchaser under these Conditions;
f. "sale proceeds " means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to Gerrards by the seller in whatever capacity and however arising;
g. "stated rate"means Gerrards' published rates of commission for the time being and Value Added Tax thereon.
2. THE BUYER
a. Bidders are required to register their particulars and satisfy Gerrards' security arrangements before entering the auction room to view or bid. The highest such bidder shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion. Bidders shall be deemed to act as principals unless there is in force a written acknowledgment by Gerrards that a bidder is acting as an agent for a named principal. Once made, no bid may be withdrawn.
b. The right of Gerrards to bid on behalf of the seller is expressly reserved.
3. MINIMUM INCREMENT
The auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the auctioneer shall in his absolute discretion direct.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 18.00% inclusive of VAT (or such other amount as shall be published by Gerrards), the said premium not being negotiable and payable by ALL buyers. The seller authorises Gerrards to retain beneficially the premium payable by buyers.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed on all items affixed with an asterisk thus - *. Value Added Tax is charged at the rate prevailing by law at the date of sale.
6. PAYMENT
a. Immediately a lot is sold buyers shall:
(1) give to Gerrards their names and addresses and, if requested proof of identity, and
(2) pay to Gerrards the total amount due.
b. Gerrards may, at its absolute discretion, agree credit terms with the buyer before an auction under which the buyer will be entitled to take possession of lots up to an agreed value in advance of payment by a stipulated future date of the total amount due. Cheques shall not be acceptable by Gerrards (unless Gerrards in its absolute discretion permits payment by such method) nor are third party references or credit facilities with other auction houses. If a cheque is tendered Gerrards reserves the right to instruct its bank to check the buyer's status and account balance before exercising any discretion. Any credit arrangement must be settled at least 4 days before the relevant sale. Any permitted payment by credit card shall carry an extra charge to the buyer of such percentage of the total amount due as is displayed on the premises.
c. Any payments by a buyer to Gerrards may be applied by Gerrards towards any sums owing from that buyer to Gerrards on any account whatever without regard to any directions of the buyer or his agent, whether express or implied.
7. TITLE AND COLLECTION OF PURCHASES
a. The ownership of any lots purchased shall not pass to the relevant buyer until they have made payment in full to Gerrards of the total amount due.
b. Buyers shall at their own risk and expense take away any lots that they have purchased and (subject to 6b) paid for not later than 2 working days following the day of the auction after which they shall be responsible for any removal, storage and insurance charges.
c. No purchase can be claimed or removed until it has been paid for (or the provisions of clause 6b satisfied).
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
If any lot is not paid for in full and taken away in accordance with these Conditions, or if there is any other breach of these Conditions, Gerrards as agent for the seller shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:
a. to proceed against the buyer for damages for breach of contract;
b. to rescind the sale of that lot and/or any other lots sold by Gerrards to the defaulting buyer;
c. to re sell the lot (by auction or private treaty) in which case the defaulting buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
d. to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, either at Gerrards' premises or elsewhere;
e. to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 2 working days after the sale;
f. to retain that or any other lot sold to the defaulting buyer until that buyer pays the total amount due;
g. to reject or ignore bids from the defaulting buyer at future auctions or to impose conditions before any such bids shall be accepted;
h. to apply any proceeds of sale of other lots due or in future becoming due to the defaulting buyer towards the settlement of the total amount due and to exercise a lien on any of the buyer's property in Gerrards' possession for any purpose.
9. THIRD PARTY LIABILITY
All members of the public on the Auctioneer's premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly Gerrards shall incur no liability for death or personal injury (except as required by law) or for the safety of the property of persons visiting prior to or at a sale.
10. COMMISSION BIDS
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition, Gerrards will if so instructed clearly and in writing execute bids on their behalf . Neither Gerrards nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so. Where two or more commission bids at the same level are recorded Gerrards reserves the right in its absolute discretion to prefer the first bid so made.
PART II - CONDITIONS MAINLY AFFECTING SELLERS
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to Gerrards and the buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
12. RESERVES
a. The seller shall be ent
itled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and Gerrards may decline to offer goods which in Gerrards' opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and insurance charges stipulated in the terms of consignment).
b. A reserve once set cannot be changed except with Gerrards' consent.
c. Where a reserve has been placed only Gerrards may bid on behalf of the seller.
13. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM
a. The seller authorises Gerrards to deduct commission at the stated rate and all expenses incurred for the buyer's account from the hammer price and acknowledges Gerrards right to retain beneficially the premium paid by the buyer in accordance with these Conditions.
b. The seller authorises Gerrards in their discretion to negotiate a sale by private treaty in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction.
14. COLLECTIONS
Gerrards do not themselves undertake the collection of goods but may, as the seller's agent, instruct a contractor. Gerrards accepts no liability for the actions of such contractor who contracts with the seller direct.
15. WAREHOUSING
Gerrards disclaims all liability for goods delivered to their saleroom without sufficient sale instructions, and reserves the right to make a minimum warehousing charge of £1.00 per lot per day. Unsold lots are subject to the same charges if the seller does not remove them within a reasonable time of notification. If not removed within three weeks Gerrards reserves the right to sell them and defray charges from any net proceeds of sale or at the seller's expense to consign them to the local authority for disposal.
16. INSURANCE
Gerrards holds all goods on their premises and in their custody covered against the risks of fire, burglary and water damage on the scale of charges notified in the terms of consignment and payable by the seller up to the date of any sale and (in Gerrards' discretion) the buyer thereafter until collection.
17. AGENCY
Gerrards acts as agent only and disclaims any liability for default by the buyer or for paying out the seller before receiving payment by the buyer.
PART III GENERAL CONDITIONS.
18. Gerrards act as agent for the seller and as such is not responsible for default by the seller or the buyer. The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the terms of consignment as notified to consignors at the time of the entry of the lot.
19. Subject to the next following Condition concerning deliberate forgeries, any representation or statement by Gerrards in any catalogue as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective buyers are given ample opportunities to view and inspect before any sale and prospective buyers must satisfy themselves as to all such matters. Neither Gerrards or its employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded.
20. Any lot which proves to be a deliberate forgery (as defined) may be returned to Gerrards by the buyer within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Gerrards is satisfied from the evidence presented that the lot is a deliberate forgery Gerrards shall refund the money paid by the buyer for the lot (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) the buyer personally is not able to transfer a good and marketable title to Gerrards, the buyer shall have no rights under this condition.
21. Gerrards shall have the right, at its discretion, to refuse admission to its premises or attendance at its auctions by any person.
22. Any indemnity under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and Gerrards declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents.
23. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
24. Special terms may be used in catalogue descriptions in which case they must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
25. Any indulgence extended to buyers or sellers by Gerrards notwithstanding the strict terms of these Conditions or the terms of consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
26. English law applies to the interpretation of these Conditions.
SHIPPING
Gerrards are able to provide a Post and Packing service at reasonable cost. All items are sent insured, either by Royal Mail Special Delivery (for UK Clients) or by Royal Mail Signed for service for overseas Clients.
Premium
The buyer shall pay the hammer price together with a premium thereon of 18.00% inclusive of VAT (or such other amount as shall be published by Gerrards), the said premium not being negotiable and payable by ALL buyers
Value Added Tax
Value Added Tax on the hammer price is imposed on all items affixed with an asterisk thus - *. Value Added Tax is charged at the rate prevailing by law at the date of sale.
Shipping
Firearms Online Terms & Conditions
1. A buyer's premium of 20% of the hammer price (plus 5% online bidding fee) shall be added to each purchase to reach the total sales price.
2. Acceptable forms of payment are Visa, MasterCard, and Discover and Paypal.
3. FIREARMS LAWS. All firearms are sold in accordance with Federal and Pennsylvania State Laws. All post - 1898 (Modern) firearms must be registered in compliance with Federal and State Law. Purchasers of Modern firearms who are Pennsylvania residents must complete state and federal registration forms at Alderfer Auction Company, 501 Fairgrounds Rd., Hatfield, PA 19440, or provide a signed copy of a Federal Firearms License from a dealer that your purchase can be shipped to. FFL Dealers and out-of-state buyers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern firearms. Buyers who act as agents for FFL dealers must have a letter of agency as well as a signed copy of the dealers Federal Firearms License (FFL). Internet bidders who are out-of-state buyers and FFL dealers must fax a current FFL license within 24 hours of the close of the sale to Alderfer Auction Company at 215-368-9055. Curio & Relic FFL licenses will be accepted on auction lots indicated in the description "(C&R)". All Firearms sold only to US Residents. SEE PARAGRAPH 17 for additional STATE Restrictions.
4. Complete payment is required day of auction. Payments for all online purchases will be processed through credit card and Paypal only. Credit cards will be charged at the time of purchase. No checks or cash will be accepted. Returns or Insufficient funds results in a $35 fee for each specific item.
5. Paid items must be removed from the auction center. Please note that online purchasers who wish to pick up their items shall not do so until the following day of auction, so that our staff has adequate time to process the transaction. After two (2) weeks, any items remaining at the auction center will be placed in storage. Fee for storage will be $10 per week per item.
6. Packing, shipping and insurance are handled by Alderfer Auction. A packing fee of $22.00 for the first long gun with an $8 for each additional long gun, and $11.00 for the first handgun with a $6 fee for each additional handgun, along with the UPS shipping fee will be applied to each item. To economize we will pack multiple items of similar size and type together if possible. All items will be shipped UPS-ground or required overnight parcel for handguns with insurance. Insurance is an additional fee of 1% of gavel price plus buyers premium. All shipping quotes are for shipping within the continental U.S. only. Questions regarding shipping costs, insurance and tracking should be directed to our Accounts Receivable Department at 215-393-3007. Please allow 2 weeks from receipt of payment for shipping.
7. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer will decide the buyer or immediately put the item up for sale again.
8. In the event of a tie between an online bidder and a floor bidder, the floor bid will take precedence. The auctioneer's decision will be binding and final.
9. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.
10. Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold.
11. Alderfer's will not be held responsible for error or failure to execute bid(s). Absentee bids must be in writing and a fifty-dollar minimum bid is required per item. Phone bidding is an available service and must be arranged in advance with our staff. We suggest that phone bid arrangements be made 24 hours before the start of the auction in order to ensure adequate processing time.
12. All auction inquiries must be received 24 hours prior to the start of the auction. The deadline for email inquiries is 12 pm EST the day prior to the scheduled auction.
13. Purchasers may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot. Any used firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type/size before attempting to fire. Any description of mechanical function or condition does NOT mean the gun has been inspected or tested for firing capabilities. All goods are exposed for Public Exhibition and, for Internet buyer's condition is described in the listings. Item descriptions, dimensions and estimates are provided for guidance. It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our staff will be happy to prepare detailed Condition Reports on individual lots. These are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale. All goods are sold "AS IS" and "WITHOUT RECOURSE".
14. We have tried to describe each lot as accurately as possible, and we have included descriptive photographs as well. However, we are selling each lot "AS IS" and there will be no returns allowed if you are not satisfied with condition. Please satisfy yourself as to the condition of the item before bidding.
15. Your bidding at this Auction indicates that you have read and accept these Terms & Conditions of Sale.
16. We are not responsible for color discrepancies due to photo reproductions.
17. Listed here are state laws restricting the sale of certain high-capacity magazines. These are STATE laws, sometimes there are COUNTY or CITY laws with stricter restrictions. It is your responsibility to be or become familiar with local gun laws.
California: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in California or anyone using a billing address in the state of California.
Hawaii: We do not ship, sell, or offer for sale any magazines over 10 rounds that may fit a handgun to anyone in Hawaii or anyone using a billing address in the state of Hawaii.
Illinois: We do not ship, sell, or offer for sale any magazines over 12 rounds to anyone in Chicago, IL or anyone using a billing address in Chicago, IL. We do not ship, sell, or offer for sale any magazines over 15 rounds to anyone in Aurora, IL or anyone using a billing address in Aurora, IL.
Maryland: We do not ship, sell, or offer for sale any magazines over 20 rounds to anyone in Maryland or anyone using a billing address in the state of Maryland.
Massachusetts: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in Massachusetts or anyone using a billing address in the state of Massachusetts.
New Jersey: We do not ship, sell, or offer for sale any magazines over 15 rounds to anyone in New Jersey or anyone using a billing address in the state of New Jersey.
New York: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in New York or anyone using a billing address in the state of New York.
Ohio: We do not ship, sell, or offer for sale any magazines over 30 rounds to anyone in Ohio or anyone using a billing address in the state of Ohio.
Any firearms sold containing prohibited magazines as mentioned above will be shipped less the banned magazine, no refunds will be offered.
Should internet bidding fail for any reason, please contact 215-393-3023, to enact an absentee or telephone bid. We will do our best to accommodate you at the live auction.
