Terms & Conditions of Purchase
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.
2. Payment is due in full on or before 5:00 p.m. of the next banking day following the auction, and payment is to be made to AA (“payment deadline”). Payment by electronic wire transfer is preferred, though 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. The title in a purchased lot will not pass until AA has received the full purchase price in cleared funds. AA is not obligated to release a lot to the purchaser until the title to the lot has passed, and any earlier release does not affect the passing of the title or the winning bidder’s unconditional obligation to pay the full purchase price (the purchase price is comprised of the winning bid, the buyer’s fee, and other approved costs). In the event that the winning bidder does not pay any portion of the purchase price by the payment deadline, the bidder agrees to and acknowledges the following: If AA elects to pay the consignor any portion of the sale proceeds, AA shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Business. The bidder hereby authorizes AA to deduct the purchase price from the bidder’s cash deposit, or to charge this amount to the credit card that the bidder has provided. If the bidder’s cash deposit and/or credit card payment does not cover the purchase price, in addition to other remedies available by law, AA reserves the right to impose from the date of sale a late charge of 10 percent interest per annum on the (1) purchase price; (2) maximum published seller’s commission; (3) maximum published buyer’s fee; (4) expenses; (5) any collection costs, attorney fees, and court costs incurred to enforce payment; and (6) other damages.
3. All sales are “as is” and “where is.” The bidder is responsible for inspections and verification of condition, authenticity, and completeness of any vehicle purchased. No warranties or representations of any type whatsoever are made by AA. Statements printed in catalogues, 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 the 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 AA 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, MILEAGE OF ANY LOT OR COMPONENT OF ANY LOT, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
4. The bidder is responsible for all risk of loss or damage immediately upon purchase of the lot.
5. Final bid price does not include buyer’s premium or applicable taxes on each lot purchased. The 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 the buyer’s responsibility.
6. A buyer’s premium of fifteen percent (15%) is added to the final bid.
7. 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. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located.
8. Condition withdrawn
9. Absentee and telephone bidding are services provided by AA for your benefit, and AA 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 AA 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, described in this catalogue, 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 your assigned 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 it to AA, as all bids made with your bidder number will be your responsibility.
12. AA may, at AA’s sole discretion and without any obligation to do so, rescind a bid on or sale of a vehicle if AA believes the bid or sale could subject AA to liability. AA is not responsible for any damages or losses that are claimed to have resulted from the rescission of the bid or sale.
IMPORTANT CONDITIONS OF BUSINESS SPECIFIC TO THE LITTLEFIELD COLLECTION
1. LICENSES AND USE OF LOTS
All bidders on lots are responsible for obtaining any and all licenses, permits, tax stamps, or approvals necessary for the transfer of items acquired at the auction. AA makes no representations as to how the lots can be utilized by any bidder nor as to whether they are fully demilitarized. Neither consignee nor AA make any representation or warranty as to fitness for use. The bidder is responsible for inspecting the lots, and all items are sold “as is.” The buyer is responsible for obtaining all necessary documentation for the transfer and lawful ownership of the items. In the event that the ATF or DOD requires further demilitarization as a condition of sale, the buyer shall be responsible for all such costs.
While AA does not believe any of the items in the sale to be in serviceable condition, some of the items may still require approval from ATF for the transfer to a buyer. In the event that ATF, NFA, or any government agency denies the transfer for any reason, despite the buyer’s good faith efforts, AA’s sole responsibility shall be to return any amounts paid for such items. AA shall not be responsible for any incidental or consequential damages related to the transferability or non-transferability of such items.
Bids shall be considered conditional on any item requiring any governmental licenses, permits or tax stamps until such approval has been received by the AA to establish that the buyer is lawfully able to acquire the item.
2. EXPORT RESTRICTIONS
This notice is not intended to be a comprehensive summary of the U.S. export laws. It is a bidder’s responsibility to ensure compliance with applicable laws.
A purchased lot may be subject to United States export control laws. Diversion of such materials contrary to United States law is prohibited. A commodity subject to U.S. export control laws may not be acquired for, shipped to, transferred (in-country), or re-exported, directly or indirectly, to prohibited entities or persons or sanctioned or embargoed countries or their nationals, nor may it be used in support of restricted end-uses such as, but not limited to, nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government for such purposes. Buyers shall comply strictly with all United States export laws and assume sole responsibility for obtaining appropriate export authorization, as export, re-export, or transfer may be required.
Buyers may not, without prior U.S. government authorization, export, re-export, or transfer any goods, software, or technology, either directly or indirectly, to any person or entity named in the following, but not limited to, the U.S. Department of Commerce Denied Persons, Entities, and Unverified lists, the U.S. Department of State’s Debarred and Nonproliferation lists, the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, or in any of the U.S. Department of Treasury’s Executive Orders.
AA does not sell lots to persons from the countries that are prohibited from receiving transfers of military equipment or technology. Please check with the appropriate government agency for a current list of prohibited countries. Buyers are advised that buying from AA and then reselling or attempting to export to these countries is prohibited. The list of prohibited countries is subject to change at the discretion of the U.S. government.
3. SHELL CASES
Buyers agree not to purchase any shell cases for military use. Buyers agree that they will not, directly or indirectly, use or dispose of in any fashion the items for military use. Buyers agree that they will include this clause in its entirety in any later sale or transfer of title.
4. HAZARDOUS COMPONENTS OR CONSTITUENTS
AA cautions that certain property may have components, parts, constituents, or ingredients that may be corrosive, reactive, ignitable, or exhibit other hazardous or toxic properties. Buyers are cautioned to use, and ultimately dispose of, any hazardous components or constitutes according to all applicable local, national, or international laws and regulations in a manner safe for the public and the environment.
Certain pieces of property may contain residual chemicals, friable asbestos, petroleum products, and ozone depleting substances or other hazards. Buyers acknowledge and agree that AA is not responsible for providing documentation or certification regarding the identification or status of these substances. Certain pieces of property have design features that may be hazardous if warning labels are not heeded.
5. SHIPPING PURCHASED LOTS OFF PREMISES
Due to the grade of roadway and weight of many of the lots to be sold, all lots will be required to be shipped through an approved carrier.
Please note that there will be a significant delay in moving the lots from the site of the Littlefield Collection. Certain lots require that the road from the Littlefield Collection to be completely shut down, and as such, it may take many months to remove all of the lots from the Littlefield Collection. AA will be working in accordance with, and under the direction of, San Mateo County to ensure that the lots are moved off site as efficiently as possible, with as little disruption to the surrounding residents as possible.
All shipping and transportation expenses will be at the expense of the Bidder.
6. ALL LOTS SOLD FOR OFF-HIGHWAY USE
All lots in the sale are purchased exclusively for use on private land not open to the general public. If at any time after the auction, a Buyer wishes to use the lot on either a public road/highway or on land open to the public, it is the responsibility at that time of the Buyer to comply with whatever statutes are triggered by the change in use.
7. VIEWING LOTS IN THE LITTLEFIELD COLLECTION IS DONE AT YOUR OWN RISK
The military vehicles being offered for sale were designed for use in military operations and not for civilian use, and as such, viewing the cockpit of a military vehicle is inherently dangerous. Those who decide that viewing the cockpit of a military vehicle being offered for sale is necessary to inform them on their decision to purchase, they acknowledge that they do so at their own risk. Individuals who climb on and into the military vehicles agree to hold AA and their affiliates harmless from any and all liability due to injury caused in any way from viewing the military vehicles.
8. DESTRUCTIVE DEVICES
There are lots in the sale that are classified as Destructive Devices (“DD”) by the U.S. Bureau of Alcohol Tobacco, Firearm, and Explosives (BATFE). These lots specifically have DD listed in their description. The Buyer MUST follow one of the two possible options, as outlined below, before the Buyer will be entitled to possession of the DD:
1. Refer to the ATF National Firearms Act Handbook, Chapter 2. What are “Firearms” Under the NFA and follow the steps for lawful modifications/elimination of components of the DD. Specifically make reference to section 2.5: Removal of firearms from the scope of the NFA by modification/elimination of components.
2. Refer to the ATF National Firearms Act Handbook, Chapter 9. Transfers and follow the steps for lawful transfer of DDs.
Chapter 2 and Chapter 9 of the ATF National Firearms Act Handbook are reprinted on Auctions America’s website at www.auctionsamerica.com/littlefieldDD, or the complete ATF National Firearms Act Handbook can be found at http://www.atf.gov/files/publications/firearms/nfa-handbook/. The NFA Branch provides a service center number of 304.616.4500, which may be helpful to answer any questions on the transfer or modification/elimination of components. Further, Question 16 on the ATF/BATFE website, under the Frequently Asked Questions section, explains, “What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?” https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html.
The Buyer is responsible for all costs related to lawfully transferring the DD or lawful modifying/eliminating the components of the DD. Governmental entities may be exempt in certain circumstances, and the transfer of the items would be subject to proof of exemption.
In the event that the Buyer wishes to export the item, you will also need to obtain an import license from your country (if required) and an export license from the U.S. Department of State pursuant to CFR Sec. 120, et seq (ITAR). All costs to obtain such licenses are the obligation of the Buyer.
In the event that AA or the Seller is required to incur any expense related to the transfer as required by BATFE or the U.S. Department of State’s rules or regulations for the Buyer’s benefit, AA or the Seller may require pre-payment of such reasonable amounts required to effectuate the sale. And, in the event that the Buyer does not provide for the removal of the item upon approval of required licenses, then the Seller shall be entitled to reasonable storage fees for the time period until the items are removed.
AA will not release the DD until the Buyer has provided proof that they have lawfully transferred the DD in accordance with the National Firearms Act or that have lawfully modified/eliminated components of the DD in accordance with the National Firearms Act.
