Auction Terms & Conditions
Invoices will be emailed to successful bidders within 24 hours of auction close, be sure to contact us quickly if you do not receive your invoice. UNPAID invoices will be subject to a 10% restocking fee. If you are unable to make timely payment, please do not bid. Please REVIEW YOUR INVOICE CAREFULLY. Your registered Credit Card WILL BE CHARGED within 48 hours of the auction close time unless you contact us to make alternative payment arrangements. Contact Us by email or Phone Should You Wish to Make Other Payment Arrangements.
All internet bids are treated as if they were given at a live auction. Our clerk will represent your bids but sometimes on-site floor bidders beat the clerk and the auctioneer will acknowledge the first bid seen or heard. All Bidders will be held accountable for their internet bids. Your internet bids are a contract and you are responsible for honoring them. Lots are sold 'as is, where is ' absolutely no exceptions, warranties or guarantees', and the ultimate determination as to authenticity and condition is the responsibility of the bidder. The placing of a bid will be taken as full agreement to all terms & conditions. The auction house has the right to withdraw any lot. Auctioneer reserves the right to cancel / nullify the sale of any lot sold through auction.
Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via our mobile app, website or internet bidding websites. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and the auction floor, the auction floor will win said item at their amount bid.
The Removal Deadline for all items in this auction is 20 days after the close of the Auction. Please contact us before bidding if special arrangements are necessary for an extension. On-site shipping services is available for packaging, shipping services.
Florida Buyer's must also pay all sales tax. To receive the benefit of any tax exemption, Buyer must supply us with a FL State Sales Tax Exemption Certificate.
Gun Auctions USA, LLC would like Buyers to feel they have been treated fairly and pay a fair price for the items based on their condition. Please do not enter a bid at a price that is greater than you are comfortable paying for any individual item based on its condition. There will be no adjustments to the final bid price after bidding has ended.
All items in this auction are sold on an "AS IS" basis with no warranties or representations whatsoever, either expressed or implied. Neither Gun Auctions USA, LLC nor the Sellers make any warranties or representations of any kind with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, during inspection, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.
AUCTION TERMS OF SALE. VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID! ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE:
BIDDER IDENTIFICATION: All purchasers are required to complete registration, including full name, address, phone and email. Please make sure all INFORMATION is ACCURATE at the time of registration. Delays and/or Losses can occur if improper information is provided.
CREATING A USERID & PASSWORD: Just click the “Submit Bid” button on any of our auction items and follow the instructions. It’s easy to get registered and takes about two minutes! If you need assistance registering, E-Mail us at firstname.lastname@example.org Our monthly firearm online auction starts the first week of each month and is added to daily. Most auction items start at $25 with no reserve.
PAYMENT: The Buyers Premium is 13% for Cash/Certified Funds and 16% for Credit Card payers. The Buyers Premium is added to each invoice. Auction invoices must paid promptly by certified bank check, money order, major credit cards or cash. When bidding in any respective auction has finished an invoice will be sent to the registered bidder email address from email@example.com. Please REVIEW YOUR INVOICE CAREFULLY. Your registered credit card will be charged within approximately 48 hours after the Auction Close Time. Contact us by email or phone should you wish to make other arrangements. We accept VISA, Master Card, Diners Club, American Express, or Discover. Checks are accepted from the registered bidder with proper identification and appropriate time for clearing of funds. Cash & Bank Wire funds are also accepted. It is a Federal crime to write a non-sufficient fund check or cancel a credit card on a firearms purchase – we report the gun as stolen to the ATF and local law enforcement – there is a mandatory prison sentence for the stealing of a firearm – so bear this in mind when writing a personal check or using a credit card. All payments, background checks and personal transfer of firearms will be made at the Gun Auctions USA location in Largo, Florida. All auction guns must be promptly removed (if Instant Check is a proceed). Florida State Sales Tax of 7% will be added to each invoice if the winner is present at the auction facility (Provide your FL Sales exemption certificate to remove sales tax. Out-of-state shipped orders are also exempt from sales tax).
KNOW YOUR LAWS BEFORE BIDDING: We reserve the right to refuse a bidding account to anyone. Under no circumstances may you apply for a bidding account if you are under any kind of a disability in terms of possessing a firearm of any kind. No exceptions. Also, if you cannot possess a firearm, you must NOT enter our auction facility in Largo, Florida. We are an FFL dealer, so all federal and state firearm laws govern every aspect of these online auctions and any infractions will be immediately reported to local law enforcement agencies and the ATF. You must be 21 to purchase rifles or shotguns and 21 to purchase a handgun. You must be age 21 to purchase long gun ammunition and age 21 or older to purchase handgun ammunition. You are responsible for knowing if your state bars a certain type of firearm/ammo/accessory from being shipped to you. If you purchase an item that cannot be shipped to your state, we will auction this item at the next auction and mail you a check minus a consignment fee. Know your state/federal firearms laws BEFORE bidding. Note also that Gun Auctions USA, LLC does NOT under any circumstances pay, nor are we responsible for any fees associated with your hometown FFL – that is between you and your FFL dealer. No exceptions.
BIDDING in Gun Auctions USA AUCTIONS: Once you have your email and password registered in your account, you may place bids as soon as an auction item opens for bidding (look at the countdown “clock” with each item for the close time) in the online auction. Your bids are FINAL and constitute a binding contract. Some of our Online Auctions are Timed, note carefully the countdown time of each firearm – you are responsible for monitoring these times should you wish to increase your bid. Should there be bids on any items within five minutes of close time, the bid on that particular item will continue for five additional minutes or more until all bids are exhausted. Please bid EARLY to avoid disappointment. “Sniping” in at the last moment can be risky if your computer fails or runs slow – and has no advantage in these types of extended auctions. NOTE CAREFULLY: We are NOT responsible for your SPAM catcher/your computer’s malfunctions stopping any of our E-Mails to you in regard to outbid notifications – you are responsible for watching any gun on which you are high bidder and determining that you are the winner of the auction. Gun Auctions USA employees are firearm collectors too and therefore allowed to bid on consigned items. Once you are finished bidding, request your invoice at firstname.lastname@example.org. Your posted wins at www.gunauctionsusa.com are final. VERY IMPORTANT: We are not responsible for computer malfunctions during the auctions and we are not responsible for “electrical blackouts” or any other acts of Nature. We reserve the right to resume or restart or extend an interrupted auction. IMPORTANT: Make sure you hit your computer’s “Refresh” button frequently AND check your bid standing (“Winning, Outbid, Lost, Won”) so you can assure you are the high bidder at any given time and in fact the winner.
HARMONY OF THE SALE/AUCTION PREVIEW: Any person disrupting the harmony of the gun auction/preview days will surrender their password and local law enforcement authorities will be summoned. If found to be in violation of our rules, your current bids will not be honored and you will be blocked from further Gun Auctions USA Auctions – your account will be deactivated. We reserve the right to refuse a bid number or the rights to preview the collections to anyone. DO NOT BID unless you have read all of these “Terms of Sale”. No other rules apply! We are NOT associated with other websites and have our own terms and rules.
Firearms for Online and Live Gun Auctions will be on display at Gun Auctions USA, 13200 Belcher Rd South, Largo, FL 33773 (Mon. – Fri. 10am to 5pm & Saturday Auction Days) Additional Times by Appt. If you cannot visit the showroom for a visual inspection, we will be glad to provide additional information/digital photos of any item, but please do NOT wait until the last day or after business hours for these requests or we may not be able to accommodate you.
RESPONSIBILITY OF BIDDERS: Read the descriptions of each firearm/view photographs carefully and if you have questions, E-Mail us at email@example.com or Call 888-659-9909. Lot descriptions are provided for each lot item in the auction on a best efforts basis and are not intended to be definitive scholarly works or appraisals. Conditions provided are only the opinion of the auction house. The bidder is ultimately responsible for determining the condition of a lot. BE SURE to ask any questions about an item BEFORE bidding and well before closing time – it does no good to ask questions once you have won the firearm. We want you to be happy with your online purchases and will go to great lengths to describe the firearm to you and furnish an honest appraisal. If you visit the Gun Auctions USA location, please personally inspect each firearm/item on which you intend to bid. For every bidder: Using YOUR firearms knowledge and experience, form your own opinion of the firearm and bid accordingly. If in doubt, DO NOT BID. All guns are sold as is, where is. Period. THERE IS NO INSPECTION PERIOD OF ANY KIND ONCE THE FIREARM IS PURCHASED AND RECEIVED. This is a real AUCTION and the majority of these guns are estate firearms from the deceased – – the estates are paid, the court documents filed and the sale is final. We do not test fire each gun and therefore do not guarantee that they will fire correctly or function correctly. We are not gunsmiths and do not take guns apart – we cannot confirm if all of the internal parts are present on any given firearm. All gun sales are final. Any internet descriptions of the sale guns are meant merely as a guide – make your own determination as to its worth and validity. We offer no guarantee or warranty on these firearms. We sell these guns as collectibles only and do not recommend that they be fired prior to qualified inspection. All consignors’ names are withheld due to security reasons. As per contract, consignors may not bid on their firearms, nor may they purchase them. Most of our auction firearms and items start at $25 with NO RESERVE. Any paid auction items not picked up within 30 days will be auctioned and a check issued to the owner with a consignment fee deducted. The placing of a bid will be taken as full agreement to all terms & conditions.
AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. 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. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor.
DISPUTE BETWEEN BIDDERS: In the event of any dispute between bidders or a tie bid between online platforms, 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 is final and applies to all bidding mediums.
BUYERS OUTSIDE THE USA or Canada: We do not have an Export License, you will be responsible for your bids and must have means to transit your exportation.
TAKING POSSESSION OF AUCTION FIREARMS: We absolutely observe all Federal and State gun laws. We hold a Federal Firearms License in Florida. The same person who registered the bid number MUST be the one to pay and pick up the auction firearm(s) at the conclusion of the sale at the Gun Auction USA Auction facilities – no one else will be permitted to make the transfer. AVOID THIS PROBLEM – DO NOT UNDER ANY CIRCUMSTANCES BID FOR ANOTHER PERSON. Merely tell the person to register and create their own account and password. Firearm sales to non-licensees (with the exception of muzzleloaders or antique arms manufactured before 1898 or non-guns) will be subject to and must pass the FBI Instant Check – NICS. The only exception is a licensed Federal Firearms Dealer or Curio & Relic Collector License holder (guns MUST be on ATF approved C&R list or be 50 years or older) who must present a current, signed copy of a license (or FAX or E-Mail scan). CAREFULLY NOTE: As per ATF instructions, we send our FFL only to other FFL’s and NOT C&R’s or non-licensees. If you are NOT a Florida resident, you may not take direct possession of a handgun (FFL or C&R Collectors may take immediate possession of qualifying handguns) – see next section below. If you delay after your Instant Check, you will merely pick up your auction firearm(s) later at the Gun Auctions USA Auction location. If you deny after your Instant Check, you will NOT take possession of your auction firearms or ammunition and they will be sold at our next available auction and a check will be mailed to you for whatever the gun brings minus a commission fee. If you know you are not supposed to possess a firearm, do not bid at our sales. We will summon law enforcement officials on the matter.
AUCTION GUNS WON BY OUT OF STATE BIDDERS: : If you are not a Florida resident, we will ship your firearms to your local gun dealer when he faxes us his signed, current FFL license, E-Mails a copy, or sends it in the mail. If you have a current ATF C&R License we can ship qualified firearms to your home if your state law permits. The shipping cost varies according to size, weight, value and destination. In some cases we can get two or more handgun/rifles in one box and the charge per gun will be reduced. We’ll work with you on this to be the most economical. We will provide a tracking number to you once the gun ships if you request it. We are experts at packing firearms correctly and will make sure your firearms get to your dealer safely. We highly suggest that your local FFL dealer be instructed by you NOT to open the shipping carton until you are present. This is very important! Your name will appear on the shipping label to facilitate this request.
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.