Terms & Conditions of Purchase
Terms of Payment
Please ensure that you have read and understood these terms and conditions prior to bidding at this or any other Auctions America by RM, Inc., “AA” sale.
1. ALL BIDS ARE FINAL AT AUCTION. At auction there is no “cooling off period”. If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the merchandise and are responsible for payment in full. No bidder may retract a bid made during the sale for any reason. A $50 administration fee will be assessed per lot purchased by an individual buyer.
2. Payment in full is due on or before 3:00 pm on the first business day following the auction. All payments must be in the form of cash or certified funds unless other arrangements have been approved in advance. Cash payments will be reported according to U.S. Federal government requirements. A 3% fee will be applied to all purchases of memorabilia lots paid by credit card. Should a bidder default on payment in any manner whatsoever, without limiting any recourse AA may have, bidder agrees to pay AA all lost auction fees (which is the maximum published rates for (1) the seller’s commission, (2) the buyer’s premium, and (3) the entry), this amount is due and payable without relief. Bidder will also be liable to seller for its damages. Bidder hereby authorizes AA to deduct these lost auction fees from bidder’s cash deposit, or to charge this amount to bidder’s credit card provided. Bidder agrees not to dispute this charge with the credit card company at any time. Bidder agrees to also pay AA’s costs of collection, including attorneys’ fees and costs.
3. All sales are “as is” and “where is”. Bidder is responsible for inspections and verification of condition, authenticity, and completeness of any vehicle or lot purchased. No warranties or representations of any type whatsoever are made by Auctions America by RM, Inc. Statements printed in catalogs, brochures, signs, window cards, and verbal statements made by auctioneers or auction staff are representations made by the Consignor and AA has no obligation to verify or authenticate any such claims or representations. Any announcements made at time of sale supersede any earlier printed information. Except as herein provided, all lots are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND AUCTIONS AMERICA BY RM, INC. DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY, ORIGIN OR PROVENANCE, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
4. Bidder is responsible for all risk of loss or damage immediately upon purchase of the vehicle or item. All vehicles or items purchased must be removed from the auction site at the buyer’s expense immediately following the sale. If not removed by the end of the day following the sale, Auctions America by RM, Inc. will remove the vehicle or item with all costs of moving and storage to be paid by the buyer.
5. Final bid price does not include buyer’s premium or applicable taxes on each lot purchased. Buyer is responsible to pay all city, state or other taxes due for which the buyer does not qualify as exempt. Proof of exemption is buyer’s responsibility.
6. Buyer's premiums are as follows. A ten percent (10%) commission will be added to the final bid of each motor car lot purchased. A fifteen percent (15%) commission will be added to the final bid of any other lot purchased.
7. Lots not marked as “no reserve” (or similar) are subject to a reserve bid set by the Consignor. When a lot is sold subject to such a reserve bid the auctioneer may bid on the Consignor’s behalf in an amount not to exceed the amount of the reserve bid.
8. In the event either party brings action against the other arising from or relating to this bid card or any auction held in connection with, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. The law of the state in which the auction is held shall govern the provisions of this bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located.
9. Absentee and telephone bidding are services provided by Auctions America for your benefit and Auctions America cannot be held responsible for errors or omissions with respect to the bidding process, including failure to execute any bid. By submitting these bids, you have entered into a binding contract to purchase each lot if your bid is successful. If your bid is successful, you are to pay the purchase price, including the buyer’s premium and sales tax, if not otherwise exempt. It is your responsibility to provide proof of exemption from sales tax at the time of registering to bid. By participating in telephone bidding, you acknowledge Auctions America has the right to record all telephone calls.
10. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, posted on this website, publicly announced, or otherwise published are incorporated herein by reference. It is the bidder’s responsibility to familiarize themselves with these terms.
11. You are responsible for all bids made with this bidder number, whether or not made by you and whether or not authorized by you. If your bidder card is lost or stolen, immediately report to AA as all bids made with this bidder number will be your responsibility.
Conditions of Sale
Information contained in the AA auction catalogs and brochures are based on either detailed reports prepared by independent experts or based on information provided by the consignor to the best of their knowledge. Neither Consignor nor AA warrants or represents that the information contained therein is accurate and therefore the Bidder acknowledges that he or she accepts that the information contained in the catalog is a statement of opinion and not a statement of fact and is satisfied with and assumes full responsibility for the accuracy and content of the catalog and brochure descriptions. All vehicles are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND AA, INC. DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY, ORIGIN OR PROVENANCE, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Accuracy
Although every effort is made to ensure the accuracy of the information contained on our website, such information is provided by the seller and may not be verified by Auctions America prior to the sale time. Any additional information or corrections known at sale time will be announced by the auctioneer. Please note that although every effort is made to provide complete and accurate information regarding each lot offered, buyers are advised to rely upon their own inspections as all sales are made on an "as is, where is basis”. Auctions America accepts no responsibility for the condition of any items offered.
Deletions
Due to factors beyond the control of Auctions America, it is possible that one or more lots described on our website or in the brochure may not be present for sale. Bidders are advised to check shortly before sale time for updated information.
