1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog will be offered for sale or sold by Durys Gun Shop. All bidders who participate by bidding in this auction agree to the terms and condition of sale and agree to be bound by same. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchasers rights and our respective rights and obligations hereunder are governed by Texas law. By bidding at our auction whether in person or by agent, sealed bid, telephone bid, via the internet or other means, the buyer or bidder agree that the contract created by these conditions of sale is made and performed in the County of Bexar, State of Texas and further agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Bexar County. Auctioneer is not responsible for any errors of the buyer including but not limited to the buyer bidding on the wrong lot.
2. BUYERS PREMIUM AND SALES TAX. All bid prices ‚¬“hammer prices‚¬ (means the price at which a lot is knocked down to the purchaser) will be subject to a buyers premium 17.5% payable by the purchaser. The buyers premium shall be reduced to 15% provided the payment is paid by cash or the equivalent of cash (cashiers check, wire transfer, or approved personal check). If the account is settled by credit card, the buyers premium then shall be the standard 17.5%. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. Some items are exempt from Texas sales tax and others may be subject to Texas sales tax or local sales tax. The tax is computed on the total purchase price. To establish a tax free sale, a copy of a valid resellers permit or other instrument of information must be provided to our satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us and seek a refund from the State of Texas. Generally, all items shipped out of state are tax free sales. We have been authorized by the consignor to retain as part of our remuneration, the buyers premium payable by the purchaser.
3. METHOD OF PAYMENT. Auction sales are strictly for cash, cashiers check or checks (with prior approval of the management), MasterCard, Visa or Discover. 4. TERMS OF PAYMENT. At the announcement of SOLD, the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneers hammer or at the announcement of sold. This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the purchase price, buyers premium and any applicable taxes. All items purchased by successful bidders must be paid for and an FFL provided no later than 7 days from the end of the sale. Each purchaser at this auction grants us a security in the property purchased. We may retain as collateral security for the purchasers obligations to us any of the purchasers property and all monies held or received by us. We may apply against such obligations monies held or received by us for the account of, or owing to, the purchaser. We retain all rights of a secured party under the Texas Commercial Code. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, 15% buyers premium, and applicable sales tax, we at our option may either (1) cancel the sale, retain as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorneys fees and incidental damages, etc.
4. INTEREST AND DEFAULT. Payment is due upon receipt. If the buyers invoice is not paid in full within 10 days of the auction, Durys has the right and will charge the buyers credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% (18% APR) effective 10 days from the date of purchase/auction. Should the buyer not comply with any of the Terms and Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales, interest from the date of the sale as well as any legal or collection fees incurred. Durys shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of Durys to the outstanding debt.
5. WITHDRAWAL. We reserve the right to withdraw any property prior to sale.
6. PROTESTS, DISPUTES AND THE AUCTIONEER. We reserve the right to reject a bid from any bidder. The highest bidder, acknowledged by the auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Any dispute after the sale our records will be deemed conclusive in all respects.
7. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
8. GUARANTEE. All property offered for sale is as is, where is. All sales are final. There will be no refunds and no exchanges. Durys does not guarantee or make warranties on any lot sold. The bold headline of the description is the only written statement Durys will guarantee as correct. Descriptions in the catalog are opinion. They are written as an aid to potential bidders. We acknowledge that there may be errors in what is written beyond the bold headline description. We recommend you to personally view any item you bid on or have an acknowledged expert view the item. Statements starting with the word condition are opinions, not statement of fact or guarantees. If a dispute about a lot arises it is the buyers responsibility to provide a written statement by an acknowledged qualified expert within 30 days after the auction that the bold headline is in fact incorrect. If the experts statement is indeed correct Durys will make a full refund upon return of merchandise. Providing the merchandise is returned in the same condition it was received. We must again reiterate the guarantee is only on the bold headline of the description and Durys will only honor this guarantee within 30 days of an Auction. This right to return an item purchased at an auction shall be expressly limited to situations where errors occurred in the bold headline description of an auction item and such 30-day return provision shall not apply to a return of an auction item for any other reason. Durys will have no further obligation including no refunds or returns will be accepted if the above conditions are not met. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, physical condition are qualified statements of opinion and not representations or warranties. No employee of Durys or any person purporting to act on behalf of Durys is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any lot or item for sale.
9. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
10. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than the high estimate and in many cases the reserve is lower than the low estimate. This bidding will not generally constitute opening bidding. If Durys declares an opening bid and no advance to that bid is received we will pass the item. However once bidding is opened we will bid on behalf of the consignor to reach the reserve price. Nominal bids Ã¢â‚¬â€œ the auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding 25 - 30% of the low estimate, the item may be passed and not sold and may not be re-offered until a later sale this is at the sole discretion of the auctioneer and an auctioneer may in fact sell the item. If we have an interest in an offered lot and the proceeds there from other than our commission, we may bid therefore to protect such interest. Items which are not reserved are sold at the auctioneers discretion. 11. 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 same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions.
12. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Texas State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms at their FFL dealers location. A 3-day waiting period is mandatory for modern handguns, a 24-hour waiting period on modern long arms. Dealers and out-of-state buyers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter of agency as well as a signed copy of the dealers Federal Firearms License (FFL).
13. Durys makes no warranties or representations whatsoever and no employee or consultant of Durys has the authority to do otherwise, concerning the operation of, firing condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at Durys is entirely at the users risk. Durys offers for sale the lots as “collector" lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Durys expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
14. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the firearm.
SHIPPING. All packing and handling of purchased lots is done by Durys, it is done at the entire risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. We are not liable for any acts of omission in packaging or shipping. We will arrange for packing and shipping at our earliest possible convenience. We will attempt to ship as soon as possible, however, due to our high volume shipping can take up to two weeks after full payment is received. Buyer pays shipping, packing materials, and insurance charges.
DISPUTES UNDER THIS CONTRACT Buyer and Durys agree to mediate any dispute or claim arising between them resulting from the buyer participating in the auction or any resulting transaction. Furthermore the buyer and Durys agree should Mediation be necessary that Mediation fees if any will borne equally by the parties. Buyer and Durys are required under the terms and condition of sale to enter into Mediation before arbitration or any court action. Should a party commence legal action other than Mediation without giving written notice to the other party that party will not be entitled to recover attorneys fees even if they would otherwise be allowed to that party in the action[ you should require mediation or arbitration prior to filing any law suit ] All. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Bexar County, State of Texas, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties the buyer and Durys agree that any dispute, claim in law or equity resulting from the participation in the auction or any resulting transaction shall be settled utilizing neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Bexar County state of Texas. Any bidder or actual buyer agree the election of restricting any and all claims to Arbitration is a voluntary decision and evidenced by participation in the auction. The buyer state, “I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Durys and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. Limitation of Liability. Except as expressly provided above, all property is sold “as is". Durys nor the consignor 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 or as to whether a work of art is subject to the artists moral rights or other residual rights of the artist. All firearms and ammunition are sold as collector lots only. fitness to fire or otherwise discharge the arm or ammunition is expressly denied by rock island auction company. a competent gunsmith should be consulted before attempting to use or fire any firearm or ammunition. the purchaser expressly acknowledges and agrees that in no event shall Durys be liable for any damages including without limitation any compensatory, incidental or consequential damages.