Special Terms
1. All items are offered for sale “AS IS”, “WHERE IS”, and no special warranty or guarantee is made or implied as to condition, authenticity, or era of any described item. 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 THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE UNDER ARIZONA STATE LAW. 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 items offered for sale are by auction only and there are no presales. We have a responsibility to our consignors; therefore, there will be no sales after the said auction. The Auctioneer or Auction House assumes no responsibility for error in the catalog, advertising, or on the part of the bidder. ALL SALES ARE FINAL, NO REFUNDS, NO EXCEPTIONS.
2. Arizona Sales Tax is payable by all buyers liable to tax. All Dealers must provide a valid resale number upon registration and fill out Arizona Resale Card prior to bidding for Tax Exempt Status.
3. All bids are per number in the catalog and all items will be sold in numerical order only. AUCTION HOUSE reserves the right to withdraw any item or lot prior to sale. Absolutely no lots will be broken apart. 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, the decision of the Auctioneer in the exercise of judgment as to the successful bidder will be final. Additionally, the Auctioneer may re-offer or resell any lot in dispute.
4. Auction sales are strictly for cash, cashier’s check, or personal check with prior approval, Visa, Master Card, Discover Card, ATM or Debit Card. All Sales are final at the fall of the Auctioneers gavel. A Buyers Premium will be charged on all sales. There will be a $75.00 fee for all returned checks. All checks over $5,000 must be pre-approved. All ‘INTERNET’ bidders must pay by Credit Card.
5. All items purchased by the successful bidder must be paid for on the day of sale unless previous arrangements are made prior to the sale. Purchases not paid within 14 days of final sale date will be charged a 5% Late Charge, all accounts past due will accrue interest at the rate of 1.5% per month on the unpaid balance and compounded monthly. Items purchased must be removed on the day of sale unless other arrangements have been made. Storage will be provided at no charge for 14 days following the sale date and then at a rate of $5.00 per item per day unless prior arrangements have been made.
6. Shipping is the responsibility of the Buyer and the Buyer must make all ‘Shipping or Delivery’ arrangements on large items which may include calling a freight company. We ship exclusively with FEDERAL EXPRESS. Smalls will be packed and shipped by us the buyer’s expense. Small crated items, by us, will be quoted prior to crating & shipping. Shipping charges other than exact cost INCLUDE: (1) $5.00 handling fee for each box required for packing, (2) Insurance is the responsibility of the buyer and is required for all packages (no exceptions), AND (3) All ‘Rifles’ valued more than $500.00 will be shipped in a black carrying case for protection at BUYERS expense of $20.00 per case.
7. All post 1898 firearms are required to be registered in compliance with Local, Federal, and State Laws. Out of State Buyers must supply a current Dealers Federal Firearms License to the Auction House prior to shipping. It is the BUYERS responsibility to know their own State and Local Firearms requirements. If for any reason a buyer is DENIED firearm approval from the FBI Background Check, after filling out the ATF Form 4473, or if the buyer is suspected of making a ‘STRAW PURCHASE’, he MUST Reconsign the firearm to the next auction. No Guarantee as to the operation or firing condition of any weapon offered for sale is made by the Auctioneer, The Auction Company, or any Affiliates thereof. It is recommended that all weapons purchased at auction be checked out by a competent gunsmith prior to firing them. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BREAK ‘FFL’ OR ANY OTHER LAW REQUIREMENTS’ FOR ANYONE.
8. Class III Designated firearms must be registered in compliance with the NFA registry. A $200 federal tax payment is required each time a functional NFA firearm is transferred ‘to or from’ a private owner. This fee, as well as full payment, is due at the time of purchase in order to process the paperwork. The new owner will be required to complete 3 forms: (1) ATF Form 4, (2) Fingerprint card, and (3) ATF Form 5330.20 Certificate of Compliance. These forms will be provided to you by the Auction House. Chief Law Enforcement of purchaser’s municipality signature required on ATF Form 4. Note: If state or local law requires a permit or license to purchase, posses, or receive NFA firearms, a copy of the transferee’s (buyer) permit or license must accompany the application. The buyer then mails the paperwork for the Federal Transfer Tax to BATFE. The Auction house will receive back one of the Form 4’s (they are sent in duplicate) with a Federal Tax Stamp attached to it. This is given to the new owner when he/she picks up the NFA firearm. No further tax is due. The following states do not allow individuals to own machine guns: California, Hawaii, Illinois, Iowa, Kansas, Maine, Michigan, Mississippi, New Jersey, New York, and Rhode Island. SPECIAL NOTE: If you are an SOT (Special Occupation Tax) payer (Class III dealer) you are able to transfer functional NFA firearms to or from other SOT payers and government agencies with BATFE approval, but without having to pay a transfer tax. All funds will be kept in an Escrow Account until physical transfer of firearm takes place.
9. Consignors are not allowed to bid on their own merchandise nor have an 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 publically recognize that consignor.
Reata Pass Auctions reconizes 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.