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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 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. A 5% late charge will be added on all accounts
more than 30 days past due with interest beginning 60 days past sale date to
be charged at 1% per month.
3. Buyers are required to pay all local and states 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 W. La Veta Ave.,
Orange, CA 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.
California law limits 1 handgun registration per month and DOJ transaction numbers
are mandatory for California FFL dealers Little John’s can accomodate.
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 purchased 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
(California residents).
8. The purchase price payable by a buyer shall be the sum of the final bid plus a 10%
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, rovenance,
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 sixty (60) days of purchase. To affect a refund on any item found not 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. 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 harmles from any loss resulting from the packaging and/or shipping process.
Buyer agrees to pay actual costs of shipping & insurance.
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 high estimate
and in many cases the reserve may be lower than the low estimate.
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, CA. 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 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 catalog, 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 catalog 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 catalog 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
agrees to indemnify and hold Little John’s harmless from any loss, damage, errors
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 to the 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 ful 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.
18. No undisclosed added charges for insurance, credit cards, storage, etc. All text in
this catalog 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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