STANDARD TERMS
Chad McCarter Auction Center
2828 Parkway, Suite 31
Pigeon Forge, TN 37863
Phone: 865-428-5151
Fax: 865-428-6296
Email: [email protected]
AUCTION/AUCTIONEER LICENSES: The principal auctioneer is Chad McCarter, Gallery #: 5698,
Auction Firm #: 5496, Real Estate Firm #: 262207.
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.
AUCTIONEER RIGHTS: The auctioneer shall have the right to sell or pass any item at auction without explanation of cause. The auctioneer shall have the right to acknowledge bids, and recognize bidders, in the order as he observes them. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. The auctioneer's sole resolution of dispute applies also to all bidding mediums. The auctioneer, may at his discretion, accept bids at the highest price and continue on up or accept bids from the lowest price and work up. This holds true for all floor bidders, absentee bidders, online bidders & Proxy bidders.
AUCTION CONSIGNMENT: Contact Chad McCarter Auction Center for information on consigning items.
AUCTION CONTRACT: Registering and bidding at this auction whether in person or by agent, absentee bid, telephone bid, internet or other means, the buyer or bidder agrees to the contract created by these conditions of sale. DO NOT BID UNLESS YOU ARE PREPARED TO MAKE FUNDS AVAILABLE TODAY AND MEET ALL THE TERMS AND CONDITIONS OF THE AUCTION. This is your contractual agreement.
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 who are not willing to disclose this information cannot participate in the auction. The Auction Center 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, lose all rights to purchase the item(s) at the sole option of the Auction Center. Having and maintaining a valid credit card assigned during registration is a specific requirement and term of accepting a registration from all INTERNET bidders.
AUCTION APPROVED BIDDERS: Approved bidders shall be established through registration at the front desk, through absentee bid process, or online registration. A Numbered Bidder Card, for those present, shall be issued to the person registering. The person who registers is responsible for the bids and payments for items. The Auction Center reserves the right to rescind, reject, and or terminate any participants, participation in any auction conducted by Auction Center, with or without explanation.
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. See INTERNET BIDDER below.
AUCTION BIDS: All items are sold absolute to the highest bidder. The auctioneer is in full charge of the auction having the right to set bid increments throughout the sale, settle any bid disputes, and accept or reject any bids at his discretion, 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. He makes no evaluation to any item, makes no claims of AUTHENTICITY to any item or any claims to such.
AUCTION CENTER EMPLOYEES: Employees and associates of the Auction Center are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
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 Center property, and/or stored by the Auction Center pending shipment to the winning bidder. Auction Center shall 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 Center stores items completely "at risk" to the bidders and/or winning buyer.
BIDDER RESPONSIILITIES: Bid winners are responsible for all winning bids charged to the registered numbered bid card. Bid winners may NOT transfer any portion of their bid winnings to any other bidder, unless approved at the Front Desk and with the consent of the other registered bidder.
BID 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. 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. Bidders 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 DEFAULTS: All bid winnings must be paid for by close of auction day or event, or processable 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. 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.
BUYER'S PREMIUM: A buyer's premium shall be added to each successful bid. The buyer's premium is 15%. An additional charge may be incurred from the Internet Auction Service. Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax. The bid, plus the Buyer's Premium and subject taxes is the total sale price. All bidders agree to authorize one charge for the item cost, and another charge for shipping charges. If payment is not received and or processable with funds available on or after close of the auction event day, the Auction Center has the right to deem the sale "null & void" and a non-paying bidder feedback may be left. We reserve the right to verify funds on personal checks.
BUYER SALES TAX: Tennessee residents and Auction Floor bidders are required to pay applicable Tennessee 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.
BUYER INVOICING: One Invoice will be processed and provided to the successful bidder for the total sale price of the item or items. If shipping is involved a second charge will be processed and a second invoice may be issued for these charges.
CHARGE BACK: 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 Auction Center 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 Sevier County Tennessee Court, Sevierville, TN . All bidders agree that the sole venue for hearing such cases shall be in Sevier County Tennessee Court.
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 (865) 428-5151 ONLY, and e-mail to : [email protected] ONLY, in corresponding with the Auction Center. All participants agree to respond to e-mail messages sent via auctionzip.com or from the Auction Center e-mail within two days of being sent to the participant.
FIREARM BUYER'S STATEMENT: All firearm buyers agree to follow all applicable federal, state, and local laws in the acquisition, ownership, possession, control and use of any firearm purchased from the Auction Center. Buyers profess that it is legal for the buyer to obtain, have and control firearms purchased at auction, where they live and/or will store the firearms. Buyers of firearms affirm that the firearm(s) will be used for lawful purposes only. A bidder is not permitted to bid, process paperwork, and/or receive the firearm for another person, as this is a straw purchaser under federal law.
FIREARM APPROVAL & TRANSFER: Firearm sold through auction at Chad McCarter Auction Center, require the successful floor bidder to complete ATF Form 4473 and receive a background check through the Instant Check program in Tennessee, (TBI TICS) to proceed with the transfer for any firearm before the purchase and transfer can be completed. A $10.00 non-refundable fee applies to background checks, which must be paid regardless of the background check outcome. Only the actual registered bidder on a firearm may complete the paperwork, have their background checked, purchase and have the firearm transferred to them.
FIREARM BIDDERS INABILITY TO OBTAIN TBI TICS APPROVAL:
Inability of a successful floor bidder to get complete approval from the TBI TICS within thirty days of the auction shall be deemed bidder default of terms. Conditional approval will not be considered as approval to sell and transfer the firearm.
OUT OF STATE FIREARM BUYER'S FFL COPIES SUBMISSION: If a floor bidder is from out of state, it may be necessary to ship the firearm. There must be a Federal Firearm Licensee certified file copies on file with the Auction Center prior to bidding in the auction. The certified copy may be submitted via E-MAIL [email protected] or fax 865-428-6296 from the FFL. The FFL must include a reference to the person the transfer will apply.
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. Defeating or attempting to defeat any security safety tie or gun safety locking device on any firearm
at auction is prohibited.
4. Fitting any ammunition into any firearm at auction is prohibited.
5. Disassembly of any firearm at auction is prohibited.
6. Dry firing, or pulling the trigger on any firearm at auction is prohibited.
7. Allowing a minor or child to handle or hold a firearm is strictly prohibited.
8. Removing any firearm from its display or case is prohibited.
FIREARM BUYER'S GUN SAFETY LOCKS: The Auction Center has gun safety locks available for purchase in inventory.
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 Center from the consignor.
INTEREST: Any interest earned on any funds deposited into account(s) of the Auction Center shall be earned income, distributed exclusively to the Auction Center.
INTERNET BIDDERS: Bidders are able to bid via the Internet through AuctionZip.com. The Auction Center 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 13% Buyer's Premium from the Auction Center plus additional fees which may be charged by the Internet Provider.
INTERNET BIDDING: On line/INTERNET bidder's 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 participants 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 BIDDER RESPONSIBILITIES: All INTERNET firearm bidders agree that all firearms regardless of age, type or antiquity status, will be shipped to a Federal Firearms Licensee (FFL). We cannot risk shipping a firearm to unlicensed persons 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.
It is the Internet Bidder's responsibility to MAKE SURE THEY ARE LEGAL TO OWN THE FIREARM WHERE THEY LIVE. Please check your State and local laws before bidding. By you bidding on a firearm, you are professing it is completely LEGAL for you to own and the firearm to be shipped into your state 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, any packaging and/or shipping, and the re-listing of this item. . A bidder is not permitted to bid, process paperwork, and/or receive the firearm for another person, as this is a straw purchaser under federal law.
It is totally the responsibility of the winning internet bidder to arrange for, secure and ensure the designated Federal Firearms Licensee (FFL) of choice, whom the bidder wishes to receive the firearm, submits a current certified file copy of his/her Federal Firearms License to the Auction Center within five (5) days of close of auction at [email protected] , without the necessity of reminders or prompting by the Auction Center. PLEASE INCLUDE THE AUCTION LOT NUMBER OR NUMBERS ON THE FFL AND PAYMENT including contact phone numbers for both so we know what you have purchased and contact you or the FFL, if necessary. Bidders who purchase firearms that are listed by the ATF as C&R Licensee may submit a valid originally signed C&R License with a copy of a valid government-issued photo Identification containing the same name and address matching the C&R License and the AUCTION BIDDER & LOT INFORMATION.
After five (5) days without receipt of a FFL license certified file copy or ten (10) days for C&R Licensee, a firearm secure storage charge of one ($1.00) dollar per day shall apply, not to exceed fifteen (15) days in storage, without payment of the accumulated storage charges.
After fifteen (15) days of an auction day event, when a buyer is unable, unwilling or otherwise fails, to complete ATF form 4473 and have a TBI TICS background check or provide a valid FFL license for shipment, 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 fifteen (15) 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 Center 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. 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. Bidders shall forfeit all monies paid up to the default, with no portion returned to the bidder.
ITEM REPRESENTATIONS: The auctioneer and Auction Center will identify items by common language but does not make any representations regarding the item value, estimated value, or market value. Any description regarding condition, antiquity or age status will be in general terms and not as a rater, grader or in any other recognized AUTHORITY capacity. 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.
LOCAL LIVE AUCTION BUYER'S ITEM REMOVAL: All item must be removed from the Auction Center by close of auction day or event, except when shipping is required by the winning bidder, or the item is too large to be removed. Storage charges shall apply and accrue at TWENTY-FIVE(25) dollars per week after the first week, not to exceed thirty (30) days in totality. After 30 days in storage without storage, the item may be re-listed for auction, and sold regardless of price, payment of which shall be earned income of the Auction Center in consideration of storage charges, with no portion of the auction proceeds returned to the original bidder. Items will not ship until shipping is paid by buyer. Storage fees apply to items which remain in our possession due to buyer not paying for shipping (even if item is paid for). Please make sure your credit card is functioning when we charge for shipping (generally 2 to 4 days after the auction date).
SHIPPING: No items will be shipped until payment for the items is received. For items shipped by the Auction Center, either US Postal Service or UPS will be used. Shipping charges are billed to your credit card separately from you winning bid invoice. Once 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 the Auction Center, we bill your credit card for actual shipping plus a 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 Center 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 seven (7) days from the close of auction date at no storage charge. After the seventh (7th) day after close of auction, a five ($5.00) dollars per day or twenty-five (25) dollars per week storage fee shall apply to all items. No item shall be stored past TEN (10) days unless you contact the Auction Center (865) 428-5151 and pay additional accumulated storage charges. Any bidder who fails to provide timely payment of accumulated storage charges after each TEN (10) 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 Center 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, merchantability 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.
Shipping Costs
Buyer pays the cost of shipping plus handling charges depending on size of shipment. We will attempt to package multiple items together to save on shipping. The shipping charge will appear later on your credit card as the item(s) are shipped. ITEMS TOO LARGE TO SHIP OR DEEMED TOO FRAGILE, WHICH ARE LISTED AS "PICK UP ONLY" MUST BE CLAIMED WITHING 30 DAYS FROM THE DATE OF THE AUCTION. ITEMS NOT PICKED UP WITHIN THOSE 30 DAYS BECOME THE PROPERTY OF THE AUCTION CENTER.
Sales Tax
We charge 9.75% sales tax for all purchases shipping to a Tennessee address.
Credit Card Required
We accept only credit cards for online bidders. Please call us (865-428-5151) or email us ([email protected]) with your credit card information NO LATER THAN MONDAY FOLLOWING THE AUCTION. We process all payments at the conclusion of the auction using the credit card if we have one on file. We DO NOT GET THAT INFORMATION FROM AUCTION ZIP!!! WE DO NOT ACCEPT ANY TYPE OF ONLINE PAYMENT.
Condition
ALL ITEMS ARE SOLD AS IS WITH NO WARRANTIES GIVEN OR IMPLIED (UNLESS OTHERWISE STATED). AUCTIONEER MAKES NO CLAIMS OF AUTHENTICITY TO ANY ITEM. IF CERTIFICATES/LETTERS OF AUTHENTICITY ARE PROVIDED BY THE CONSIGNER, IT IS THE BUYER'S RESPONSIBILITY TO CONFIRM THE VERACITY OF SUCH BEFORE BIDDING.
