Terms & Conditions
Thank you for your interest in participating in a French Broad River Auction. It is important that you become familiar with the terms and conditions as all sales are final. The terms of sale are non-negotiable. Your credit card will be charged for your purchases immediately following the auction. North Carolina residents will pay a sales tax of 7%
Shipping will be made through USPS when acceptable, all items that cannot be shipped via USPS will be sent via UPS. All shipping charges will be applied and shown as a separate charge to your credit card. There will be a $10 handling charge on all purchases. PLEASE KEEP IN MIND WHEN PURCHASING AMMUNITION THAT IT IS HEAVY AND THAT THE SHIPPING & HANDLING MAY EXCEED THE PURCHASE PRICE.
While every effort has been made to ensure accuracy in this catalog, we are not responsible for errors, omissions, deletions or additions. Purchasers are advised to inspect equipment to make their own determination of condition. Neither the Auctioneer nor the Consignors shall be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and make no warranty in connection therewith. No allowance will be made or sale set aside on account of incorrectness, error in cataloging, condition or any imperfection.
Registration for and auctions finalizes each bidder’s agreement to the terms and conditions of sale as stated in the Contract and any Addenda which are incorporated by reference into your bidding.
Do not bid until you have read the terms and conditions. In order to bid at the auction all Bidders must be signed up and register to bid through Proxibid.com. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to French Broad River Auction Co., Inc. and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
Buyers are responsible for knowing the rules and regulations of the state in which they live pertaining to the ownership of firearms. ALL SALES ARE FINAL!! If a firearm is purchased and cannot be shipped to the buyer’s state the buyer is still responsible for payment of said firearm and the firearm will be sold at our next scheduled firearms auction.
THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. French Broad River Auction Co., Inc. is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. All items will be sold ‘AS IS, WHERE IS’ with no financing, inspection or other contingencies to sale. French Broad River Auction Co., Inc. represents the Sellers only and does not inspect properties on bidder’s behalf. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale. All out of state sales will be shipped to an FFL licensee.
All FFL Buyers must provide a copy of current license. All non-FFL purchasers must pass NICS background check screening. All purchasers of firearms must present valid government issued photo identification; the government allows no exceptions. Photo ID must have physical street address; P.O. boxes are not an acceptable form of identification. Purchasers must be at least 18 years old to purchase long guns and long gun ammunition, and 21 years old to purchase hand guns and hand gun ammunition.
Legal Terms & Conditions
By registering and bidding in an auction conducted by French Broad River Auction Co., Inc. (“FBRA”), Bidders (whether present in person, by telephone, by agent, by written or telephone absentee bid instruction, or through a live internet connection) agree to be bound by these terms. These are the complete and only terms and conditions on which all property is offered for sale. FBRA retains the right to bar any Bidder from participating in any auction and to exclude or reject any bid.
1) ACCEPTANCE OF TERMS. Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the Bidder’s agreement to be bound by these Terms and Conditions for Bidders. Any right of Bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of North Carolina. All Bidders submit to the personal jurisdiction of the state and federal courts in Hamilton County in the State of North Carolina.
2) REGISTRATION. All Bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. Unless known to FBRA, all registrants are required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid credit card. By registering with FBRA or submitting an absentee bid form, registrant authorizes FBRA to obtain a copy of his or her consumer credit report and authorizes FBRA, at its sole discretion, to use the information contained therein to make business decisions regarding the registrant’s participation in the bidding process.
3) TERMS OF SALE. Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest Bidder for each lot acknowledged by the auctioneer shall be the “buyer”. If any dispute arises as to any bidding, or between two or more Bidders, at the sole discretion of the auctioneer, the successful Bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold.
4) BUYER’S PREMIUM. (a) Buyer’s Premium for live “Antique and Modern Firearms” auctions; the Auctioneer will collect and retain from the Buyer, as additional commission, a premium equal to 18% the Sale Price.
(b) Buyer’s Premium for online, timed and other third-party bidding platforms may vary.
5) ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. FBRA retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the Seller of the lot and FBRA. In the case of reserved lots, the Seller has authorized FBRA to bid on Seller’s behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. Unless otherwise stated, FBRA standard house reserve on all property at auction is one-half of the low estimate.
6) WARRANTIES AND DISCLAIMERS. FBRA makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after Bidder’s receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer’s sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. FBRA shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty.
Except as provided in the immediately preceding paragraph, EVERY LOT IS SOLD “AS IS”, without any representations or warranties by FBRA or the Seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalog or other description of the property, and no statement, whether written or oral, shall be deemed such a representation, warranty or assumption of liability. FBRA makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights. FBRA does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in the catalog descriptions may be approximate.
7) INSPECTION. Prospective buyers are advised to personally examine any lots in which they are interested prior to the auction. All lots are available for inspection prior to the auction. Condition reports for most items can be found online at FBRA website, firstname.lastname@example.org, and prospective Bidders are encouraged to contact FBRA directly for additional information regarding the condition of any lot. FBRA does not warrant the condition of any item. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Buyers interested in the condition of an item are encouraged to contact FBRA and, to the best of our ability, we will document for the prospective Bidder the condition status on any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by FBRA.
8) DEFINITIONS OF AUTHORSHIP:
“By” or “Maker/Artist” — in our opinion, the work is by the artist or maker stated
“Attributed to” — in our opinion, the work is probably, but not definitely, by the artist or maker stated
“Signed” or “Marked” — in our opinion, the signature or mark is that of the stated artist or maker
“Bearing the signature (or mark) of” — in our opinion, the signature or mark is probably, but not definitely, that of the artist or maker stated
“Circle of” — in our opinion, the work is of the period and by an artist or maker closely associated with the stated artist or maker
“School of” — in our opinion, the work is by a pupil or follower of the stated artist or maker
“Manner of” — in our opinion, the work is of the period and done in the style of the stated artist or maker
“After” — in our opinion, the work is a copy of a work by the stated artist or maker
ABSENTEE, TELEPHONE AND INTERNET BIDDING
Absentee and telephone bidding is offered as a free service to our customers and prospective Bidders. FBRA shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via the internet. FBRA cannot warrant or guarantee any phone or absentee bids made or altered on the day of the auction. All bids must be placed in U.S. Dollars and reflect the bid increments as defined by the Auctioneer.
9) ABSENTEE BIDDING. Absentee bids are accepted via phone, fax, email and on FBRA website. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest Bidder. Absentee bids that are faxed or emailed to FBRA need to be in the office at least 2 hours before the sale begins.
An absentee Bidder unknown to FBRA may be required to submit a bank letter of credit prior to the auction, or, using a credit card, deposit with FBRA a fee equaling 30% of the absentee bid.
All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee Bidder only if necessary. FBRA does not accept “buy bids,” or absentee bids which have no limit.
10) TELEPHONE BIDDING. Bidding live via the telephone is available on a first come, first served basis. In order for FBRA to efficiently serve the needs of those who wish to bid by phone, please note the following:
(a) To participate in the auction by telephone, potential Bidders must complete and sign the bid form and check “I WISH TO BID BY TELEPHONE” for the designated lots. Potential Bidders may also reserve a phone line on FBRA website. If faxing or emailing requests for phone bidding, they need to be in FBRA office 2 hours before the sale begins. Once the auction begins, bids left on FBRA website or emailed may not be retrieved by the staff.
(b) As a registered telephone bidder, Bidders are aware the bidding begin at the minimum of one half of the low estimate.
(c) Telephone Bidders are advised to indicate an “insurance bid”, which amount will become an absentee bid, pursuant to the absentee bidding process set forth above, if FBRA cannot reach the Bidder by telephone for a particular indicated lot.
(d) Telephone Bidders must disable any caller ID or other call blocking mechanism.
(e) FBRA sells about 80-100 lots per hour, so telephone Bidders should plan accordingly. FBRA will attempt to reach each telephone Bidder, but FBRA is in no way responsible for missed calls.
11) INTERNET BIDDING. Internet bidding is available through our website; additionally, FBRA will post auctions on Proxibid (proxibid.com). There may be terms which apply solely to internet bids that should be reviewed online at the time of sale. FBRA is not responsible for any failure to execute a bid and shall have no liability to any Bidder for any technical or other failure associated with an internet auction.
12) BIDDING INCREMENTS. The following increments are used at the auction. Absentee bids must fall within these increments. FBRA will automatically adjust any absentee bid to the closest increment if the bid falls outside the published range of increments.
For Bids Falling Between Bidding Increment
$5,001 and up $500 or at the discretion of the auctioneer
FBRA reserves the right to modify increments at any time during the auction.
AFTER THE AUCTION
13) BUYER’S RESPONSIBILITY. Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately (a) assumes full risk and responsibility for the lot, including liability for loss or damage and (b) is liable for payment of the Purchase Price (as defined below) to FBRA. It is the buyer’s responsibility to ask specific questions on condition related concerns prior to the auction. FBRA will not rescind sales with buyers that have disputes regarding firearm’s bore condition.
14) PURCHASE PRICE AND PAYMENT. The “Purchase Price” for each lot shall equal the hammer price, buyer’s premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Buyers who are present at the auction must pay the full Purchase Price at the time of the sale. Buyers who bid by telephone, by internet, or who are absentee Bidders will be invoiced within 5 days after the close of the auction and must pay the full Purchase Price for each purchased lot within 14 days after the date of the auction. No property will be released by FBRA unless the Purchase Price has been paid in full and the payment has cleared.
Payments must be made with cash, personal or traveler’s check or credit card or wire transfers. Bidders from outside the continental United States are required to pay via wire transfer unless previously known to FBRA.
Bidders without prior credit card approval who intend on making purchases in excess of $10,000 must provide credit information such as a bank letter of credit prior to bidding.
PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance.
Institutional billing may be available, and should be arranged prior to the auction.
15) SALES TAX. Buyers are required to pay any applicable state and local sales tax.
16) SHIPPING. At the request of the buyer, FBRA will authorize the shipment of purchased items usually within two weeks after payment has been received. Shipment is generally made via UPS or Fed-Ex Ground. Unless buyer gives special instructions, the shipping method shall be at the sole discretion FBRA Auctions. FBRA is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.
ADVICE TO INTERNATIONAL BUYERS. FBRA will not ship any package containing a firearm to any location other than within the United States. Buyers outside the United States must make their own shipping arrangements taking full risk for the transportation of any firearm.
Purchasers are responsible for making timely payments on items won at auction, even if a license is delayed or denied.
17) SHIPPING CHARGES. Buyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful Bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial.
18) REMOVAL AND STORAGE OF PROPERTY AND CANCELLATION OF SALE. It is the responsibility of the Buyer to remove purchased property. If purchased property has not been removed, or FBRA has not received shipping instructions within 90 days after the auction date, FBRA may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, and/or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of FBRA costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to FBRA.