Special Terms
BY PLACING A BID, BIDDER ACCEPTS ALL THE TERMS OF SALE LISTED BELOW.
NO BID RETRACTMENTS!
Thank you for participating in this Gunslinger Auctions auction. We appreciate your business and strive to meet your expectations. Toward that end, before bidding on any item please carefully read the following binding Terms and Conditions of the auction.
The Auction is conducted by Gunslinger Auctions, (the Auction House), under the following Terms and Conditions. By accepting a bidder number and placing an electronic bid through Proxibid, you accept and agree to abide by these Terms and Conditions. All announcements made the day of the auction will supersede these Terms and Conditions if contradictory. Except as otherwise announced at the auction or otherwise subject to a reserve placed on any item offered in the auction, items will be sold in numerical order and sold to the highest bidder. Please note we simultaneously hold the auction Live, In-Person, with Absentee/Phone bidders, and online through Proxibid and other online platforms. In the event a bid is executed by another person on behalf of the bidder, whether in person, absentee bid, telephone bid, or via Proxibid, the bidder agrees to be responsible for the bid and guarantees payment for any successful bid. Our online auctions move quickly! If you are interested in an item, bid quickly and bid often.
At the auction, the announcement of “SOLD”, means the highest Bidder has purchased the offered lot and is responsible for all obligations of a Buyer. All sales are final at the fall of the hammer or at the announcement of “SOLD”. The purchase is subject to all the Terms and Conditions set forth herein. The Auction House reserves the right to reject any bid at our sole discretion and to withdraw any property from the auction prior to sale.
BY PLACING A BID, BIDDER ACCEPTS ALL THE TERMS OF SALE LISTED BELOW. PLEASE READ CAREFULLY. NO BID RETRACTIONS!
Participation Requirements: A valid Credit Card is required for bidding approval on Proxibid. Winning bidders will have their credit cards charged by Proxibid for the hammer price and all fees and taxes associated with the item(s).
Payment: All accounts must be settled within 3 days at the conclusion of the auction. We accept United States currency, check, MasterCard, Visa, Discover, and American Express credit cards. Your credit card will be automatically charged for your purchases, plus buyer's premiums, any taxes, and shipping, or other charges listed in our Terms & Conditions or required by state law including any registration or transfer fees. A pre-auction authorization will be performed to establish available credit. Debit cards may show a hold on funds for a short period of time. Any other arrangements for payment must be made in advance of the Auction. Please contact us if you wish to pay with another accepted form of payment.
Currency Type: $USD ONLY
Buyer Internet Premium: There is a 25% Buyer's Premium added to the total purchase. This premium is added to your successful bid together with any applicable sales tax, other charges listed in our Terms and Conditions or required by state law, including any registration or transfer fees.
Sales Tax : Proxibid is now collecting sales tax on all Buyers as required by law for internet sales. Proxibid (not Gunslinger Auctions) automatically calculates sales tax at the time of checkout based on a variety of factors including: State, County, and City/local jurisdiction requirements, “shipping to” address, “shipping from” address and category of item purchased. If you are exempt from sales tax please contact Proxibid to update your account. WE HAVE NO CONTROL OVER THIS PROCESS AND CANNOT CHANGE YOUR TAX STATUS - ONLY PROXIBID HAS THAT ABILITY.
California Residents Only - 11% Excise Tax: Beginning July 1, 2024, if a firearm is sold and delivered in the State of California Buyers will be charged an additional 11% state excise tax. This excise tax is imposed by the State of California NOT Gunslinger Auctions. Sorry, but there are no exceptions to this new tax. The excise tax is applied to the hammer price, Buyer’s premiums, and shipping if applicable.
***** FFL License Required and Must be Emailed to Gunslinger Auctions before Firearms can be Shipped *****: Once you have won your item if you are an out of state or non-local Buyer, please select an FFL of your choice to receive your firearm(s). And then please have your selected FFL send a copy of the FFL’s license to gunslingerauctions@yahoo.com referencing your NAME and your BIDDER NUMBER. A current copy of the FFL’s license must be received before your items will be released to our shipping and receiving department. Gunslinger Auctions will NOT reach out to FFLs requesting copies of their licenses. It is strictly the Buyer’s responsibility to have FFL licenses sent to gunslingerauctions@gmail.com. We do not keep any FFLs on file from previous auctions. Shipments are typically made on the first FFLs received being the first firearms shipped out to Buyers.
It is solely the Buyer’s responsibility to cause a copy of their chosen FFL to be sent to Gunslinger Auctions for their winning items. Our estimated shipping time is 4-6 weeks from the close of the auction. We will not ship out any order without all the proper documentation received. We will also not ship out any order with an outstanding balance.
Shipping Instructions: For your convenience, we will arrange packing and shipping (with shipping insurance) of your item(s) by our staff. Longuns will cost $75-95 and an additional $40 for each additional long gun. Handguns will cost $40-50 and an additional $10-20 for each additional handgun. If possible, lots will be combined to minimize the number of boxes needed to save on shipping and insurance costs. Our goal is to keep shipping costs as low as possible without compromising the security and protection of the shipment. We ship through FedEx ONLY. Shipping prices are variable depending on “ship to” location and can change without notice.
FFL License Required: Once you have won your bid. Please select an FFL to receive your firearm(s). And then please have your selected FFL send a copy of the FFL’s license to gunslingerauctions@yahoo.com referencing your NAME and your BIDDER NUMBER. Gunslinger Auctions will NOT reach out to FFLs requesting copies of their licenses. It is strictly the buyer’s responsibility to have licenses sent to gunslingerauctions@gmail.com. We do not keep any FFLs on file from previous auctions. Shipments are typically made on the first FFLs received and are the first firearms shipped out to buyers.
Preview Date & Times: Preview can be done at our Auction House (Gunslinger Auctions) before the auction anytime Tuesday-Friday 10am-5pm and Saturday 10am-4pm up to and including the day of auction. The location is 1740 West La Veta Ave,. Orange, CA 92868. Business number is (714) 939-1172.
Checkout Date & Times: Please contact the auction house for checkout dates & times.
Auction Start Time: 11:00 am Pacific Time
Auction Location: Santa Ana Elks Club 1751 S Elk Ln, Santa Ana, CA 92705
Driving Directions: Driving directions can be found at www.gunslingerauctions.com
SPECIAL CONSIDERATIONS
Buyers Eligibility to purchase firearms: It is the Buyer’s responsibility to determine your eligibility to purchase a firearm in your state. If you fail to qualify in your state, you will own a firearm that you cannot possess. All sales are absolutely final on the day of the Auction. No refunds if it is determined that you are ineligible to own a firearm.
Firearms Disclaimer: The Auction House has not fired any firearm in this auction (unless otherwise noted). As such we cannot and do not warranty these items. Printed statements or descriptions by staff are provided in good faith and are a matter of opinion only and positively come with no warranty or guarantee of accuracy. Every effort should be made to have all firearms inspected by a qualified gunsmith before use. We are not responsible for imperfections not mentioned in the descriptions. If you have any questions on a particular firearm listed in the auction catalog, please contact us before bidding.
Catalog Descriptions & Bid Retractions: Gunslinger Auctions has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All firearms and other auction items are sold 'as-is, where is', with all faults noted in the description or unknown. By placing bids, bidders signify that either they have examined the items to their satisfaction or they have chosen not to personally examine them.
AUCTION CATALOG TYPE OF FIREARM DESCRIPTIONS:
“C&R” Firearm qualifies as a Curio & Relic (C&R) per ATF standards. In-house Buyers with their Curio & Relic Licenses and Certificates of Eligibility (COE) can register and pick up their item on the same day. Out of State C&R rules apply. C&R qualifying firearms cannot be shipped direct to C&R holders within the State of California.
“PPT” Firearm qualifies as a private party transfer if the registration is performed at our Orange, CA location. PPT items are exempt from the CA Safe Handgun Roster. Items lose their PPT status if sent to another FFL even in California. Items are exempt from the California 1 firearm in 30 days limit until January 1, 2025. Does not apply to out of state Buyers.
“Modern” Firearm does not qualify as a Curio and Relic firearm and California restrictions may apply. Local rules for out of state Buyers may also apply. Make sure you can legally purchase a “Modern” listed firearm in your jurisdiction before bidding.
“Out of State Only” Firearm cannot be sold in California unless Buyer is exempt from California Restrictions.
“Pre 98/Antique” Item does not qualify as a firearm per ATF and can be shipped directly to the buyer. No registration is required. This category includes modern reproductions of percussion cap and muzzle loading firearms (i.e., non-cartridge firing) as they are exempt from ATF and California DOJ registration requirements.
“1 in 30 or 1/30” Firearm can be sold in California but is subject to the 1 firearm in 30 days restriction. California buyers should plan accordingly. Please note, storage fees will apply if arrangements have not been made in writing with the auction house. Does not apply to out of state Buyers.
A REMINDER - ABSOLUTELY NO BID RETRACTIONS
Withdrawal of Listed Items: We reserve the right to remove and withdraw any property that has a reserve against it prior to the final announcement that the item is “Sold”. Items without reserve may be withdrawn at any time by the Auctioneer or an authorized representative agent from the Auction House. No liability in connection with withdrawal of any item may be asserted.
Bid Disputes: For any dispute arriving after the sale, the Auction House’s sales record will be conclusive in all respects. The auctioneer has the sole discretion to advance the bidding and may reject a
nominal advance, should it in his estimation prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser. In-person bids take precedence over internet bids. Each Customer is responsible for picking up the items they purchase or sending us a copy of a valid FFL and paying for shipping. We are not responsible for items not picked up at the auction house once purchased.
The Auction House shall not be held responsible for any "missed" bids or bids unseen by the auctioneer.
All Sales are Final: All purchases are final upon the Auctioneer’s pronouncement of “Sold”, and the Buyer then assumes all risks and responsibilities for the purchase at that point.
Registration to Bid: Registration must be completed at least 24 hours in advance of the auction. If the day before an auction falls on a holiday or weekend, the deadline is the day before the holiday or the Friday prior to the auction.
Shipping and Pickup: It is the buyer’s responsibility to verify local and state gun laws— Curio & Relic firearms may be picked up from the Auction House if you hold a valid 03 Federal Firearms Collections License and meet all legal requirements for pick up. All Post 1898 firearms must be registered per these Terms & Conditions. We will only release purchases to the person specified on their winning bid invoice.
We will not reach out to customers over incomplete orders. It is the Buyer’s responsibility for picking up or for sending the Auction House the required documentation to ship out an order. Any storage, packing or shipping after the auction is at your sole risk as the Buyer, and you agree to hold us harmless for any damage or loss.
If exporting out of the Country, you are responsible for all export arrangements and expenses.
California residents: No purchases are allowed for firearms listed as out of state only. Further, no magazines exceeding a ten cartridge capacity will be included in California sales. It is solely the buyer's responsibility to verify local and state gun laws in states of residence.
Calculation of Storage Fees & Abandoned Items: Unless arrangements have been made with the Auction House, IN WRITING, items with outstanding invoices or for which no FFL has been received for shipping left longer than 30 days from close of the Auction will start accumulating a storage fee of $5 PER day PER Item. The Auction House has no obligation to deliver the items to the Buyer or his/her agent until all sums are paid in full and all balances are cleared. Payments will be credited in the following order: Unpaid storage fees, then unpaid charges, and finally the bid amount and Buyer’s Premium plus any additional state fees.
After this storage fee has exceeded the total invoiced price of the item purchased, the item will be considered abandoned and reverted to the property of the Auction House. It is to the Auction House’s discretion to resell any abandoned item in any future sale to recoup storage fees. No refunds, exchanges, or credit on abandoned items.
Damaged Firearms, Returns, and Refunds: The Auction House practices due diligence and care when packaging and handling winning bids. We MAY offer a partial or full refund, or return for items that incur damage during shipping or items which are misrepresented at auction. Full or partial refunds will be determined on a case by case basis. Due to the return policies of Fedex, items damaged in shipping will require pictures of the package as it arrived or reject delivery if damaged. It is the Buyer's responsibility to contact their receiving FFL prior to the delivery and update them of this policy. It is recommended to take photos of the package when received even if showing no exterior damage.
All claims must be accompanied by photos of the damaged item. Returns processed without photos will be charged a 30% restocking fee. The Auction House must be notified within five (5) days of receipt at the shipping address of any issue with damage or no refund or return will be accepted. Any claims submitted after this time period will be denied. If the buyer accepts the condition of the item and removes it from the shipping address, all damage claims will be denied. Returns due to reasons other than misrepresented items (inaccurate listings) or shipping damage, the buyer will be responsible for return shipping costs. Please ensure the returned product is securely packaged to prevent damage during transit. Once a return is received, the Auction House will inspect it to ensure the return meets the criteria for eligibility mentioned in this policy. All approved returns will be issued a refund within 3-5 business days after receipt of the returned item.
Contact Information:. In order to better serve our customers, all Bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to ensure good communication between Gunslinger Auctions, and the Bidder throughout all transactions.
Registration of Firearms. California BUYERS must pass the California Bureau of Investigations’ registration background check for all firearms. A $47 fee will be charged for the background check. If you do not pass the background check, you still must pay for the firearm(s), and they will be sold at a later auction and appropriate commission will be charged. Local buyers must pick up firearms at Gunslinger Auctions, 1740 West La Veta Avenue, Orange, CA 92868.
Out of California or Out of Area Buyers: You are required to contact a Federally licensed firearm dealer in your state who will accept shipment and transfer the firearm per Federal regulations and any other State or Local regulations. Buyers must then have their selected FFLs send copies of their FFL’s licenses to GunslingerAuctions@Yahoo.com
Default: Should the Buyer not fully comply with the Terms and Conditions of this Agreement, the damages recovered by the Auction House, shall include but not be limited to, all losses arriving from the default, which may include losses incurred on the resale of the item, along with the charges and expenses incurred with the initial sale of the item and the resale of the item if resold. The Auction House will also be entitled to recover its attorney’s fees as well as all of its costs and expenses in enforcing its rights under this agreement and under California law, including but not limited to, attorney’s fees and costs incurred in the event of any litigation between the Buyer and the Auction House and/or mediation and/or arbitration.
Jurisdiction: These Terms and Conditions shall be interpreted under the laws of the State of California and each person bidding at an auction by the Auction House consents to and agrees to submit to the jurisdiction of the Superior Court of the State of California, County of Orange, and the United States District Court, Central District of California, Southern Division, which are the only Courts in which any action on, under, in connection with, or in relation to this contract, may be brought.
Paragraph Headings: Paragraph headings are for ease of reference only, and shall not be used in interpreting any of the Terms and Conditions in this agreement.
Severability: If any term or provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.
NO IMPLIED WARRANTIES
NEITHER SELLER NOR GUNSLINGER AUCTIONS MAKE ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, ORAL OR WRITTEN WITH RESPECT TO THE AUCTION LOTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD “AS-IS” “WHERE-IS”. NEITHER GUNSLINGER AUCTIONS NOR THE CONSIGNOR/SELLER MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD. ALL FIREARMS ARE SOLD “AS-IS”, “WHERE-IS” ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM IS EXPRESSLY DENIED BY GUNSLINGER AUCTIONS. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL GUNSLINGER AUCTIONS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
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