Auction Terms & Conditions
1. All items are offered for sale as is, where is and with no special guarantee is made or implied as to condition, authenticity or era of any described items. All items are offered for sale to the highest bidder and the bidders must establish to their own satisfaction the authenticity and condition before bidding. All sales are final, no refunds, no exceptions, NO CHARGE BACKS.Special clause for California buyers please check with your state laws. There are several guns in this auction that are legal or illegal in CA however sometimes the magazines or stocks are not. Also please check the CA DOJ website for the roster of handguns certified for sale and the Curio and Relics list. THIS IS YOUR RESPONSIBILITY AS THE BUYER. The auctioneer or auction house assumes no liability for breakage or damage after the fall of the gavel. The acceptance of a bid by the auctioneer constitutes a legal and binding contract with the buyer and acceptance of the terms and conditions of sale under Arizona state law. If you sign up to bid you are accepting the terms and conditions.
2. All items offered for sale in this auction will be offered for sale by auction only and there are no pre-sales or sales after the said auction what so ever. If you accidentally bid you own the item/items.
3. Arizona State Sales Tax is payable by all buyers liable to tax. It is 8.356% is charged after the buyers premium is added. All Dealers must provide a valid resale number in the actual Proxibid system upon registration prior to bidding for Tax Exempt Status. We are unable to change it afterwards.
4. All bids are per number in the catalog and all items will be sold in numerical order only. The auction house reserves right to withdraw any item or lot prior to sale. Absolutely no lots will be broken apart.
5. The highest bidder will prevail. The Auctioneer will regulate the bidding and reserves the right to refuse any bid not believed to be in good faith. Should any disputes arise between bidders, it is the decision of the Auctioneer in the exercise of judgement as to the successful bidder will be final. Additionally, the Auctioneer may re-offer or sell any lot in dispute.
6. Auction sales are strictly for Visa and Mastercard only. All Sales are final at the fall of the Auctioneers gavel. A 20% Buyers Premium will be charged on all sales. We DO NOT ACCEPT CHECKS OR MONEY ORDERS from online customers.
7. The Auctioneer or Auction House assumes no responsibility for errors in the catalog, advertising or on the part of the bidder.
8. -All items purchased by the successful bidder must be paid for on the day of the sales unless previous arrangements are made prior to the sale. Purchases not paid for immediately will be BLACK LISTED and never allowed to bid again. Storage will be provided at no charge for 30 days following the sale date on items PAID FOR ONLY and after that you will be charged storage fees at a rate of $10.00 per item per day per item, unless prior arrangements have been made. Shipping is the responsibility of the Buyer and the Buyer must make all Shipping or Delivery arrangements on large items.( This includes items over 50 pounds, delicate items, large mounts etc...) Items will be packed and shipped by us at the Buyer's expense we use FEDEX ONLY and charge a 5.00 dollar box fee per box plus insurance is a dollar per hundred dollars and then you will pay exact FEDEX rates in addition to that.
9. All items for sale at auction are offered 'AS IS' and the AUCTIONEER FOR The AUCTION HOUSE ASSUMES
NO LIABILITY FOR BREAKAGE OR DAMAGE AFTER THEFALL OF THE GAVEL. THE ACCEPTANCE OF A BID BY THE AUCTIONEER CONSTITUTES A LEGAL AND BINDING CONTRACT WITH THE BUYER AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE UNDER ARIZONA STATE LAW.
10. All Post 1898 firearms are required to be registered in compliance with both State and Federal laws. Buyers of Post 1898 firearms must complete all necessary registration forms at Reata Pass Auctions. 3525 South Hwy 69 Humboldt, Arizona. Phone 928-632-8000. Arizona Dealers must have in their possession on day of sale, signed copies of their Federal Firearms License in order to accept same day delivery of modern weapons. Shipping for Out-of-State Buyers must be done through the Auction Company and must be shipped to a valid holder of a Federal Firearms License on all modern weapons. Cost of shipping and packing will be at the expense of the buyer. Please have your FFL email email@example.com or fax 928-632-0107 us a copy of their licence with the following information NAME AND PADDLE NUMBER. Without this information the item will not ship. The copy must be clear and legible and emailed as a PDF only.
11. No Guarantee as to the operation or firing condition of any weapon offered for sale is made by the Auctioneer, The Auction Company, or affiliates thereof . It is recommended that all weapons bought at auction be checked out by a competent gunsmith prior to attempting to fire them.
12. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of the same, he may withdraw any or all lots consigned by the offender and will publicly recognize that consignor.
13. Auctioneer/Auction House is 'NOT RESPONSIBLE FOR ACCIDENTS'.
14.Class III designated firearms must be registered in compliance with the NFA registry. A $200 dollar federal tax payment is required each time a functional NFA firearm or suppressor to or from us. The fee as well as the payment is due at the time of purchase in order to process paperwork. The new owner will be required to complete 3 forms; (1) ATF Form 4, (2) fingerprint card , (3) ATF form 533.20 certificate of compliance. These forms will be provided to you by the auction house. The Chief law enforcement of purchasers municipality signature is required on a form 4. If state of local law requires a permit or licence to purchase that also must go with the application. The buyer than mails the paperwork into the ATF. The auction house will then receive one copy of the form 4 back with the tax stamp attached to it. This is then given to the new owner when he or she picks it up. The following states do not allow individuals to own machine guns California, Hawaii, Illinois, Iowa, New Jersey, Kansas, Maine, Michigan, New York, and Rhode Island. Also all funds will be kept by the auction house until the final approval has been received.
All payments are due at the fall of the hammer unless otherwise specified. Please be aware of this, most likely the card used during auction registration will be charged for purchases, buyer premium and any other applicable fees. Late payments are subject to fees and penalties at the discretion of the Auction House. Be aware that invoice delinquency WILL lead to disabling of a bidder account and making all bidding unavailable on Proxibid. Payments unpaid or late will result in the account being sent to a collections agency. This can affect your overall credit scores for up to 7 years. Your bidder registration has been researched before approval for bidding at auction. The card provided on file was verified for identity purposes prior to approval. Lastly, chargeback will be not accepted for any reason or on any purchase through Proxibid. No exceptions.
A ALL SALES ARE FINAL.No exceptions. NO CHARGE BACKS. It is the Bidder responsibility to determine condition, age, genuineness, value or any other determination factor. The Reata Pass Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall The Reata Pass Auctions be held responsible for having made or implied any warranty. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. The Auction Productions Inc. shall endeavor to describe in detail each item and any pertinent information about it. The Reata Pass Auctions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Reata Pass Auctions is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against Reata Pass Auctions . or anyone else if the Internet service fails to work correctly before or during the auction. Reata Pass Auctions will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bids are acknowledged should use the proxi-bidding feature and leave their maximum bid before the auction begins. Reata Pass Auctions reserves the right to withdraw or re-catalog items in this auction. We move very fast and do not re auction items you might have missed we do not favor in house or online bidders the highest bidder prevails. In order to insure your bid is received we recommend using the pre-bid feature as our internet is slow. Any questions about a item email us prior to the said auction. Pre-ban ivory antiques can not be shipped. Also some animal mounts also can not shipped due to some state laws so your research prior to submitting a bid.
Reata Pass Auctions recognizes the NRA standard of conditions.NRA MODERN GUN CONDITION STANDARDS:
NEW: Not previously sold at retail, in same condition as current factory production.
PERFECT: In New condition in every respect. (Jim's note - in my experience, many collectors & dealers use 'As New' to describe this condition).
EXCELLENT: New condition, used but little, no noticeable marring of wood or metal, bluing perfect, (except at muzzle or sharp edges).
VERY GOOD: In perfect working condition, no appreciable wear on working surfaces, no corrosion or pitting, only minor surface dents or scratches.
GOOD: In safe working condition, minor wear on working surfaces, no broken parts, no corrosion or pitting that will interfere with proper functioning.
FAIR: In safe working condition but well worn, perhaps requiring replacement of minor parts or adjustments which should be indicated in advertisement, no rust, but may have corrosion pits which do not render article unsafe or inoperable.
NRA ANTIQUE FIREARM CONDITIONS STANDARDS:
FACTORY NEW: All original parts; 100% original finish; in perfect condition in every respect, inside and out.
EXCELLENT: All original parts; over 80% original finish; sharp lettering, numerals and design on metal and wood; unmarred wood; fine bore.
FINE: All original parts; over 30% original finish; sharp lettering, numerals and design on metal and wood; minor marks in wood; good bore.
VERY GOOD: All original parts; none to 30% original finish; original metal surfaces smooth with all edges sharp; clear lettering, numerals and design on metal; wood slightly scratched or
bruised; bore disregarded for collectors firearms.
GOOD: Some minor replacement parts; metal smoothly rusted or lightly pitted in places, cleaned or re-blued; principal letters, numerals and design on metal legible; wood refinished, scratched bruised or minor cracks repaired; in good working order.
FAIR: Some major parts replaced; minor replacement parts may be required; metal rusted, may be lightly pitted all over, vigorously cleaned or re-blued; rounded edges of metal and wood; principal lettering, numerals and design on metal partly obliterated; wood scratched, bruised, cracked or repaired where broken; in fair working order or can be easily repaired and placed in working order.
POOR: Major and minor parts replaced; major replacement parts required and extensive restoration needed; metal deeply pitted; principal lettering, numerals and design obliterated, wood badly scratched, bruised, cracked or broken; mechanically inoperative; generally undesirable as a collector's firearm.
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.