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1.
Each item in this auction will be offered in numerical order and
sold to the highest bidder (buyer). All sales are final. There
will be no refunds and no exchanges. Buyers are commanded to inspect
lots and find that they are to their satisfaction before bidding.
Little John’s Auction Service (Little John’s) is not responsible
for any errors of the buyer, including, but not limited to, the
buyer bidding on the wrong item.
2.
The payment terms for any purchase of any item offered in this
auction will be cash, credit card, or verified funds. Any other
arrangements to pay for a purchase must be specifically made in
advance of the sale with Little John’s. Payment on ALL
purchases is due on the day of the sale.
3.
Buyers are required to pay all local and state sales tax. Delivery
of purchased items outside the state may be subject to the compensating
use tax of another state. Where a collection of duty is imposed
upon Little John’s, Little John’s will require payment by the
buyer of all such taxes prior to the delivery of the purchased
items.
4.
If buyer should default and/or breach any of the Terms and Conditions
of Sale, Little John’s, at its option, will hold the buyer liable
for the full amount of the bid, plus the buyer’s premium, and
all costs, attorney’s fees and consequential damages. Little John’s
will resell the property with notice to the buyer as to the payment
of any deficiency that is due by the buyer which include all costs,
warehousing fees, expenses of both sales, Little John’s commission
at its regular rates, and all consequential damages, including,
but not limited to, any and all attorney’s fees and costs.
5.
All post-1898 firearms are registerable and must be registered
in compliance with the Federal and California State Law. Buyers
of post-1898 firearms must complete state and federal registration
at Little John’s Antique Arms, Inc., 1740 West La Veta Avenue,
Orange, California 92868 (714) 939-1170, unless otherwise specified.
A ten (10) day wait is mandatory for modern handguns. Dealers
must have in their possession on the day of the sale all proper
paperwork and a signed copy of their Federal Firearms License
in order to accept same-day delivery of modern weapons. After
registration, all firearms must be picked up within thirty (30)
days or they are required to be re-registered.
6.
All items of the auction are sold as is and where is without any
warranty and/or guarantee by Little John’s whatsoever. No guarantee
and no warranty whatsoever as to the operation or firing condition
of any weapon offered for sale is made by Little John’s. It is
recommended that all weapons bought at auction be checked out
by a competent gunsmith prior to attempting to fire them. All
lots are sold as collector’s items only. No guarantee whatsoever
or warranty whatsoever on any lot is made by the auctioneer.
7.
Effective January 2, 2002, the Department of Justice (DOJ) requires
that all modern firearms (Post 1898) delivered from a California
licensed firearms dealer are to include or be accompanied by a
DOJ certified firearms safety device. Persons who own acceptable
gun safes can comply upon completion of an affidavit of ownership.
8.
The purchase price payable by a buyer shall be the sum of the
final bid plus a 12% Buyer’s Premium of the final bid.
9.
Little John’s warrants the accuracy of the catalog descriptions
originated by John R. Gangel. Little John’s does not guarantee
or warrant the condition, rarity, provenance, or historical relevance
of any catalog items, since such statements are only qualified
statements of opinion and thus are speculative in nature. Legitimate
restoration, meaning items restored to their original state, will
be sold as original. Little John’s will refund the purchase price
of any item deemed not to be authentic within 60 days of purchase.
To affect a refund on any item found not to be authentic, buyer
must present Little John’s with a letter of appraisal by a qualified
expert, and said item must be returned to Little John’s in the
same condition as it was when it was sold to buyer at auction.
Buyer must present a specific detailed appraisal before refund
is requested. As to all lots, internal parts of any firearm are
NOT examined and are NOT warranted and NOT guaranteed.
10.
Little John’s will arrange packaging of purchased items through
outside agents or interior staff. A fee will be charged to the
purchasing buyer in the sum of $35.00 per gun which is to be paid
to Little John’s for arranging packaging and shipping of the buyer’s
purchased items. This process may require up to six (6) weeks
to adequately pack and ship the buyer’s purchased items. The buyer
agrees to indemnify and hold Little John’s harmless from any loss
resulting from the packaging and/or shipping process. Hard cases
are available for the packaging and shipping of firearms at a
cost of $60.00 per hard case.
11.
The shipping of any purchased items outside of the United States
is hereby classified as “foreign export”. All foreign export is
the sole responsibility of the purchasing buyer.
12.
All lots will be sold at the Auctioneer’s discretion. The Auctioneer
will exercise his discretion by calling an opening bid. If no
reasonable bid is accepted, the item will be passed. No reserve
will be allowed on any item higher than the low estimate of the
items value as determined by the Auctioneer.
13.
Buyer and Little John’s agree to mediate any dispute or claim
arising between them out of this auction or any resulting transaction,
before resorting to arbitration or court action. Mediation fees,
if any, shall be divided equally between the parties involved.
If, for any dispute or claim to which this paragraph applies,
any party commences an action without first attempting to resolve
the matter through Mediation or refuses to mediate after a request
has been made, then that party shall not be entitled to recover
attorney’s fees, even if they would otherwise be available to
that party in any such action. This Mediation provision applies
whether or not the Arbitration provision is initialed. Buyer and
Little John’s agree that any dispute or claim in law or equity
arising between them out of this auction or any resulting transaction,
which is not settled through Mediation, shall be decided by a
Neutral binding Arbitration before the Judicial Arbitration and
Mediation Service, Orange County, California. The Arbitrator shall
be a retired judge or justice, unless the parties mutually agree
to a different Arbitrator, who shall render an award in accordance
with the substantive California law. The parties shall have the
right to discovery in accordance with Code of Civil Procedure
Section 1283.05. In all other respects the Arbitration shall be
conducted in accordance with Title Nine of Part Three of the California
Code of Civil Procedure.
“NOTICE:
You are agreeing to have any dispute arising out of this auction
decided by a neutral Arbitration as provided by California Law
and you are giving up any rights you might possess to have the
dispute litigated in a court or jury trial. You are giving up
your judicial right to appeal. If you refuse to submit to Arbitration
after agreeing to this provision, you may be compelled to Arbitrate
under the authority of the California Code of Civil Procedure.
Your agreement to this Arbitration provision is voluntary.”
“I, the buyer,
have read and understand the above paragraph and agree to submit
all disputes arising out of the auction to first Mediation and
if that is not successful in resolving the matter, then to Arbitration
with the Arbitration of disputes resolved in accordance with Title
Nine of Part Three of the California Code of Civil Procedure.”
14.
On Site Bidding
Bidders are registered prior to auction and each is issued a bidder
card. Acceptance of the bidder card is also acceptance of all
Terms and Conditions of Sale. The bidder card is held up to signify
a bid. Each lot will be identified and physically carried throughout
the bidding audience. Each bidder should decide in advance the
maximum amount they wish to bid. When bidding starts, leave your
bidding card up until your bid wins or your maximum amount is
reached. The advantage in leaving your card up is: if the final
bid is your limit, you will prevail as opposed to another bidder
who also has the same maximum limit but did not raise their card
in time. Do not bid on unwanted lots you are not satisfied with.
Buyers are commanded to inspect lots and find that they are to
their satisfaction before bidding.
15.
Sealed Bids
If you are unable to attend the auction, you may submit a signed
sealed bid not less than 24 hours prior to the auction. An auction
staff member will then bid on your behalf and the bidding proceeds
as if you were in attendance. The staff person will try to secure
the lot with the lowest possible bid. Located in the back of the
auction catalogue, you will find a sealed bid form complete with
instructions. By your submitting to Little John’s a signed sealed
bid signifies your agreement to be bound by the Terms and Conditions
of Sale as stated in this catalogue and as stated in the sealed
bid form. Sealed bids will not be processed by Little John’s without
a deposit or prior credit approval. All sealed bids must be signed
by the bidder before they will be processed by Little John’s bids.
16.
Telephone Bids
Bidding by telephone in a Little John’s auction is available for
qualified buyers. This type of bidding requires Little John’s
receiving a signed telephone bid form no less than 24 hours prior
to the auction and a deposit on the items to be bid or prior credit
approval by Little John’s. Once the telephone bid form has been
approved, the bidder will be telephoned on the day of the auction
at the time the lot(s) that the bidder has arranged to bid on
comes up for auction. All telephone bidders agree to be bound
by all of the Terms and Conditions of Sale as stated in the catalogue
as well as all Terms and Conditions of Sale as stated on their
signed telephone bid form.
17.
All sealed bidders and all telephone bidders agree not to hold
Little John’s responsible for any errors or omissions of any kind
that may occur during the bidders sealed and/or telephone bid
process. All sealed bidders and telephone bidders agree to indemnify
and hold Little John’s harmless from any loss, damage, error and/or
omissions that occur during the auction. All bidders acknowledge
and agree that Little John’s is to execute all bids on a best
efforts basis and that there is no warranty and/or guarantee of
any kind as tot he success and/or failure of any bids placed in
the auction. Successful bidders will be notified and invoiced
within 72 hours or less of their successful bids and are required
to pay in full the amounts due and owing Little John’s within
72 hours of receiving notification of their successful bid. Credit
card payments are acceptable including Visa MasterCard, American
Express, and Discover Card.
All text in
this catalogue is copyrighted and cannot be reproduced without
specific permission of Little John’s Auction Service, a division
of Little John’s Antique Arms, Inc.
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