1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on items listed for auction by Vandenbrook Galleries. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchaser's rights and Vandenbrook Galleries' respective rights and obligations hereunder are governed by Florida law. By bidding at Vandenbrook Galleries' auction, the purchaser and/or bidder agrees that the contract created by these terms and conditions of sale is made and performed in Hillsborough County, State of Florida, and further agrees that should any dispute arise from this contract the sole and exclusive jurisdiction for contractual disputes is Hillsborough County, State of Florida. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
2. NO FOREIGN SALES. Vandenbrook Galleries will not make sales to any bidders or purchasers outside of the United States.
3. BUYER'S PREMIUM. All bid prices "hammer prices" ("hammer prices" mean the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium 20.0% payable by the purchaser. This is not an aggregate percentage on the total items bid, but rather a per item percentage rate.
4. Florida sales tax of 7.5% will be collected as applicable. Generally, all items included on the invoice are taxable. To establish a tax-free sale, a copy of a valid reseller's permit or other instrument or information as required by the applicable state, must be provided AT THE TIME OF REGISTRATION and to Vandenbrook Galleries' satisfaction establishing a sales tax exemption. Any purchaser claiming a tax exemption yet unable to provide proof at or before registration will be required to pay the tax to Vandenbrook Galleries and seek a refund from the applicable state.
5. METHOD OF PAYMENT. Auction sales are strictly for cash (including bank wire) or credit card. Pre-authorization will occur at registration where possible. Payment shall be made in US Dollars (USD). Note to credit card users: If your purchases total over $2000, you will be required to pay by bank wire.
6. 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 Auctioneer's hammer or at the announcement of "SOLD". The 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 Total Amount Due. The Total Amount Due must be paid in full the day of sale or invoicing. The Auctioneer shall have final say as to who is the winning bidder, regardless of any message through the online platform.
7. WITHDRAWAL. Vandenbrook Galleries reserves the right to withdraw any property from the auction prior to sale.
8. PROTESTS, DISPUTES AND THE AUCTIONEER. Vandenbrook Galleries reserves 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 winning bid, re-offer and resale of any article in dispute. Vandenbrook Galleries' records will be deemed conclusive in all respects in the event there is any dispute after the sale.
9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Vandenbrook Galleries is prevented by fire, theft, a force majeure event including but not limited to complications due to the COVID-19 global pandemic, or any other reason from delivering any property to the purchaser, Vandenbrook Galleries' liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. ALL FIREARMS PURCHASES WILL GO THROUGH AN FFL, A-1 TACTICAL ORDINANCE.
10. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Vandenbrook Galleries does not guarantee or make warranties on any lot sold. Vandenbrook Galleries does not warrant the accuracy, genuineness, authenticity, condition, functionality or description of any of the lots specified orally or in writing. We recommend that you make a personal examination of the objects for which you wish to bid whenever possible.
11. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with federal and Florida state law. Purchasers of post - 1898 firearms must complete state and federal registrations forms at registration before receiving a bidder number. A 3-day waiting period is mandatory. Payment is due by bidder or purchaser on the day of auction and pick-up or shipping shall occur through a licensed third-party FFL dealer in Pinellas County, Florida. Background checks will be conducted by the third party prior to delivery of any firearm, and bidder or purchaser will be solely responsible for all costs related to the background check.
12. CLASS 3. All firearms designated as Class 3 must be registered in compliance with the NFA registry. Upon purchase, all interstate transfers are done through a third-party Class 3 dealer in St. Petersburg Florida on the one hand, with an FFL/SOT License in your area on the other hand. Vandenbrook Galleries makes no warranties or representations regarding the forms, fees, licenses and/or approvals required for you to own or use your purchased firearm(s), nor does it make any warranties or representations regarding the sufficiency of same. Consult with your federal, state, and local laws, law enforcement personnel, or legal counsel to make sure you may legally own, possess, or use the purchased firearm(s) and that all fees, licenses and approvals are completed.
13. CONDITION OF FIREARMS. Vandenbrook Galleries makes no warranties or representations whatsoever and no employee or consultant of Vandenbrook Galleries 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 Vandenbrook Galleries is entirely at the user's risk. Vandenbrook Galleries offers for sale the lots as "collector" lots only. Vandenbrook Galleries strongly recommends that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Vandenbrook Galleries 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. TRANSFER & SHIPPING. All transfers, shipping and handling will be performed by a third party (A-1 Tactical Ordnance in St. Petersburg, FL) and not by Vandenbrook Galleries. Firearms must be shipped to a federal firearms license (FFL) holder. For all transfer and shipping questions, contact A-1 Tactical Ordnance at 727-527-0999, or a1guntransfer@gmail.com. Vandenbrook Galleries makes no representations or warranties with respect to shipping. Packaging, handling, or shipment is done entirely at the risk of the purchaser and Vandenbrook Galleries shall have no liability with respect to any loss associated therewith.
15. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS". NEITHER VANDENBROOK GALLERIES 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. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY VANDENBROOK GALLERIES. 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 VANDENBROOK GALLERIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
AB 3235/AU4461
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