Auction Terms & Conditions
ALL ITEMS ARE SOLD AS IS-WHERE IS WITH NO GUARANTEE OR WARRANTY OF ANY KIND.
ATTN: Online bidders & absentee bidders for all items won, payment will be processed upon close of auction.
There is a 15% Buyers premium on Proxibid & Live Auctioneers. IT IS 12% IF YOU BID DIRECT ON OUR WEBSITE THRU HIBID/AUCTIONFLEX!!!
These firearms are sold thru us, a valid Federal Firearm Licensee (FFL Provider). There will be a required NICS check with every firearm purchase. At this time we do not accept C&R's unless you do ALL OF THE RESEARCH and provide proof VIA email that the firearm is C&R eligible. C&R Pistols can not be shipped directly to the buyer if you live in California. If you are bidding online, it is your responsibility to contact the valid FFL Provider of your choosing to complete your transfer. You must contact the FFL Provider of your choice and have them email (email@example.com) or by fax (1-719-784-7440) their valid Federal Firearm License Copy to us, make it " ATTN: Kim " and be sure that they put YOUR NAME or paddle number somewhere on the FFL copy as we experience a high volume of requests at the conclusion of the sale. If you are a convicted felon, please do not try to bid at all! Know your local, state, & federal laws before bidding on any items that may not be allowed in your jurisdiction as there are NO REFUNDS OR RETURNS. ALL SALES ARE FINAL. The descriptions for all items are only references and we do the best we can to describe as best we can all information we see on each lot, we provide pictures as well, we are not Gunsmiths. Please examine the pictures and use your best judgement prior to bidding. If for some reason you are not able to receive your order and it is shipped back, it will be resold at the next auction at a 25% commission fee. To keep your costs down, we have opted to not sign up with a APN service, PLEASE NOTE: WE NEED to speak to each and every successful bidder to obtain your credit card number & verify shipping address. We did NOT get it when you registered. By entering your information into Proxibid, Live Auctioneers or Hibid, that is only verifying that you are not a robot. To recap, the rules are very simple, please follow them.
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. Brand Used Works LLC. shall endeavor to describe in detail each item and any pertinent information about it. Brand Used Works LLC. 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. Brand Used Works LLC. 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 Brand Used Works LLC. or anyone else if the Internet service fails to work correctly before or during the auction. Brand Used Works LLC. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxi-bidding feature and leave their maximum bid before the auction begins. Brand Used Works LLC. reserves the right to withdraw or re-catalog items in this auction. **We Highly Recomend That You Use Mozilla FireFox as your browser if you are participating in the webcast auction as they offer a quicker refresh rate resulting in less internet lag so your bids aren't missed!***
Brand Used Works is an FFL. All Federal and Colorado firearms laws will be complied with. Magazines that are not legal and cannot be converted to legal parts in your state will not be included in the sale.
There is no compensation for the removal of the magazine. Bid accordingly. Background checks will be conducted on ALL firearm purchases. Firearms must be paid for before we will conduct a background check. Failure to pass the background check will result in the buyer consigning the item to an upcoming Auction. Any out of state firearm purchases must be shipped to an FFL Provider. Some firearms and magazines may not be legal in all locations. Not for sale where prohibited. Check local laws and answer all questions before bidding. NO REFUNDS. As a precondition of participating in this auction, buyer agrees to release seller and Brand Used Works Auction House LLC. from all liability, whether criminal or civil, arising from the purchase, ownership, possession, use or misuse of this item. All firearms should be
inspected by a certified gunsmith prior to loading or firing. Always wear eye and ear protection when shooting firearms. Treat every firearm as if it is loaded. Safety is no accident. Colorado charges $10.50 for in person background checks.
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 ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE UNDER COLORADO STATE LAW. All items are offered for sale to the highest bidder and the bidders must establish to there 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. ALL SALES ARE FINAL.No exceptions. NO CHARGE BACKS. It is the Bidder responsibility to determine condition, age, genuineness, value or any other determinative factor. Brand Used Works LLC. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Brand Used Works LLC. will not be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
2. Colorado Sales Tax is payable by all buyers liable to tax. All Dealers must provide a valid resale number upon registration 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 LOCAL personal check with PRE 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 AND will be reported as a NON PAYING BIDDER to the platform that was bid from!!! 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 and U.S.P.S. Smalls will be packed and shipped by us at the buyer’s expense. Small crated items, by us, will be quoted prior to crating & shipping. Shipping charges other than exact costs 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). 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 Firearm 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 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. 7A. All normal firearms shipped to another state will be charged a $10.00 Transfer fee to log it from the FFL’s books to your FFL Provider. We take pride in shipping and want you to receive your weapon in the same condition we sent it. 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. Transfer fee (for full auto’s only) on any class 3 weapon is $150.00 This fee, as well as full payment, is due at 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 of local law requires a permit or license to purchase, possess, 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, and New York, 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 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. If you live in an eligible state and are able to pass a Brady check, you ARE able to own a class 3 weapon.
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.