Auction Terms & Conditions
All sales made only in accordance with these terms. Please read them carefully. By registering to bid, or placing a bid, you accept and agree to abide by these terms. Announcements day of sale take precedence.
FEDERAL EXCISE TAX: ATF requires that all new ammunition inventory and new gun inventory being sold for the manufacturer is taxed at a rate of eleven percent (11%). This tax will be accessed to all new gun & ammunition inventory purchases. This tax does not apply to used guns, display guns, test guns, new barrels, new choke tubes, assorted inventory, trade names, etc. Even if you have a resale tax certificate, excise tax will be collected. Hastings H&R Guns & Cases of slugs will be charged excise tax.
1. BUYERS PREMIUM - a twelve percent (12%) buyer’s premium will be added to each successful onsite bid. Live online bidders using Proxibid.com or FLEX will pay an additional 3% (15% total). The buyer’s premium shall be reduced to 10% for onsite bidders provided the payment is paid by cash. Sales tax will be collected on items sold to live bidders or shipped to Kansas. There is no sales tax on absentee bid purchases shipped out of state..
2. PAYMENT - Live bidders must pay before leaving the auction; absentee bidders must pay promptly upon notice of successful bid(s). Payment may be by Visa, Mastercard, AmEx, Discover, cash, cashiers check, or certified funds. Live bidders may pay by check if pre-approved. If not pre-approved, pick-up of items may be delayed until check clears. Absentee bidders paying by check may have purchases held until check clears.
3. AS IS / WHERE IS - Generally, items in this auction are sold as is, where is, with no guarantee whatsoever, subject to the minor exceptions for absentee bidders listed in #5 below. Guns and ammunition are specifically NOT warranted for shooting. Any used firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type before attempting to fire. Any description of mechanical function or condition, does NOT mean the gun has been inspected or okayed for shooting. Ammunition of unknown origin should not be fired, and the ammunition in this sale is sold for salvage of components or as collectibles only.
4. Accuracy of descriptions is not guaranteed. Although we do our best to provide good descriptions, and enjoy a good reputation in this regard, no portion of any description is guaranteed. Such qualities as condition, age, origin, historical attribution, quality, originality, measurement, significance, percentage of finish, alteration, restoration, and estimated value are opinion only, and are not guaranteed. You are strongly urged to inspect each item on which you bid, and to base your bids on your own opinions and observations.
5. Limited right to contest sale for absentee bidders in case of mis-identification of item. If an absentee bidder believes that a gun’s make & model has not been correctly identified, he may notify the auctioneer in writing stating his objections, and request permission to return the item for review by the auctioneer as to the accuracy of the identification. Such notice must be received by the auctioneer no later than 21 days after sale date. If the auctioneer, in his sole judgement, agrees that the make or model of the description has been substantially mid-identified, he will refund the purchase price, including buyer’s premium, but not the shipping. All shipping costs born by buyer.
6. SHIPPING & REMOVAL - Purchase is final upon the auctioneer’s pronouncement of "sold", and buyer assumes all risk & responsibility for the purchase at this point. Buyer must remove items day of sale unless other arrangements have been made. On most cataloged items, the Kull Auction Co. will pack & ship for you if you wish at your expense & risk. Basic shipping charges inside the continental U.S. are expected to be $40 for the first long gun, plus $20 for each additional that can be packed in the same box: antiques handguns or modern handguns shipped to FFL Dealers for $25 for a single handgun, $10 for each additional handgun in the same box. Federal law requires the C & R handguns shipped to C & R FFL licensees go via common carrier next day service, and the usual charge for the will be around $40 for the first handgun, plus additional for additional items in the same box. Ammo will ship for $20 a case and $10 for each addition case up to 5 cases. Barrels will ship for $15 plus $5 for each additional up to 12 barrels. These are average estimates; oversize, special packing or high value, etc will increase shipping costs. Shipping prices will vary based on insured value, destination, method & packaging. Shipping charges will be billed separately from your auction purchase(s), and will include amounts for shipping, insurance, materials & labor. Shipping questions contact Chance@KullAuction.com . We WILL NOT SHIP: loose or reloaded ammo, primers, powder, unusually bulky or heavy or odd shaped items. ALL INTERNATIONAL SHIPMENTS OF FIREARMS OR RELATED MATERIAL MUST BE ARRANGED THROUGH YOUR EXPORTER BY YOUR ARRANGEMENTS & AT YOUR RISK & EXPENSE. *** NO EXCEPTIONS ***
7. SALE OF FIREARMS - All sales of firearms will be in strict compliance with all firearms laws & regulations. See details on the facing page.
8. ABSENTEE BIDS - If you can’t attend the auction, you can place an absentee bid by mail or fax, or may bid by phone. Details and the absentee bid form are in the back of this catalog. Successful absentee bidders should receive their invoices from Kull Auction within about 10 days of the sale, and must pay promptly.
ABSENTEE BIDDERS PLEASE NOTE! Bid form in back of catalog.
SALES TAX - Kansas sales tax will be collected on items sold to live bidders or shipped to Kansas.
There is no sales tax on absentee bid purchases shipped out of state. Absentee buyers are responsible for complying with their home state tax requirements.
AS IS / WHERE IS - Generally, items in this auction are sold as is, where is, with no guarantee whatsoever, subject to the minor exceptions for absentee bidders listed in #5 below.
Guns and ammunition are specifically NOT warranted for shooting. Any used firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type before attempting to fire. Any description of mechanical function or condition, does NOT mean the gun has been inspected or okayed for shooting.
Ammunition of unknown origin should not be fired, and the ammunition in this sale is sold for salvage of components or as collectibles only.
Accuracy of catalog & other descriptions is not guaranteed. Although we do our best to provide good descriptions, and enjoy a good reputation in this regard, no portion of any description is guaranteed. Such qualities as condition, age, origin, historical attribution, quality, originality, measurement, significance, percentage of finish, alteration, restoration, and estimated value are opinion only, and are not guaranteed. You are strongly urged to inspect each item on which you bid, and to base your bids on your own opinions and observations.
Limited right to contest sale for absentee bidders in case of mis-identification of item. If an absentee bidder believes that an item purchased has not been correctly identified in the boldface type portion of the description, he may notify the auctioneer in writing stating his objections, and return the item for review by the auctioneer as to the accuracy of the identification. Such notice must be received by the auctioneer no later than 21 days after sale date. If the auctioneer, in his sole judgment, agrees that the boldface portion of the description mid-identified the item, he will refund the purchase price, including buyer’s premium, but not the shipping. All shipping costs born by buyer.
SALE OF FIREARMS - All sales of firearms will be in strict compliance with all firearms laws & regulations.
ANTIQUE, MUZZLE-LOADING & AIR GUNS - Marked “antique” or “non-ffl” in catalog. These may be picked up the day of sale, or may be shipped directly to absentee bidders unless your local or state law has restricts this. It is our policy not to sell these items to individuals who would not be eligible to purchase modern firearms. By bidding on these, you represent that you are not a minor, convicted felon, drug addict, illegal alien, mentally defective individual, or other person who would be restricted from buying modern firearms, and that such purchase is legal your home area. Absentee bidders purchasing these items may be asked to send a copy of their drivers license w/ payment.
MODERN FIREARMS - Marked “FFL” or “C&R FFL” in catalog. Kull Auction & Real Estate Company is a Federal Firearms Licensed dealer (FFL), and you can purchase these guns the same way you would from a gun shop. Live bidders may fill out the required form 4473, and get an instant FBI NICS background check by phone at the auction after you pay. If your NICS background check clears, as is usually the case, you can take the guns the same day. If there is a NICS delay, you will need to come back after NICS clears you.
* Modern long guns can be sold live at the auction to residents of most states.
* Modern hand guns can be sold live at the auction ONLY to residents of Kansas. Residents of other states may bid on & buy modern handguns, but must arrange shipment of modern handguns to an FFL dealer in their home state.
* Out of state & absentee bidders can have guns shipped to FFL dealers in their home town. Most gun shops will receive these for you and legally transfer them to you for a modest fee. You will need to have them send Kull Auction Co. a signed copy of their FFL with your name, noting it is for your purchases.
FFL LICENSEES - FFL Dealers are welcome to bid & buy, and we expect there will be bargains in this sale that can be money-makers for you. You will need a signed copy of your FFL for Kull Auction Co., the transferee for this sale (if you already have one on file with Old Town Station, you will need another for Kull Auction). We are glad to sell C&R eligible guns to C&R FFL’s (federally licensed firearms collectors). If you believe a gun is a C&R that we have not noted, it will be your responsibility to prove to us that it is C&R eligible if you wish to buy it on your license. Any such question will have to wait til after the other aspects of the auction have been settled to be addressed.
By placing a bid on Proxy Bid, you request and authorize us to bid on the lots up to the stated bid price. An auction staff member will bid on your behalf, as if you were present.
We assume no responsibility for failure to execute absentee bids for any reason whatsoever.
If you are the successful bidder, your total price will be the gavel price Plus a Buyers Premium, plus any applicable taxes.
Packing and shipping are available for an additional charge (see Shipping Instructions for more info on shipping.)
If you are a Federal Firearms Licensee, enclose your signed Dealer’s FFL or C&R FFL.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.