Terms and Conditions

This website ("Website") is owned by Nevada Gun Auctions, LLC, a Nevada limited liability company ("NGA"). These terms and conditions govern the offer and sale of all firearm products ("Firearms") on this Website or otherwise involving NGA. NGA may revise or update these terms and conditions at any time in its sole and absolute discretion, and in such event the revision or update shall constitute an amendment to these terms and conditions effective as of posting on this Website. You agreed to these terms and conditions by clicking "YES" when you entered this Website. In addition, any person who bids in an auction or accepts a bidder card or bidder number (each, a "Bidder") confirms and agrees to these terms and conditions. NGA is an Auction House.

NGA auctions or otherwise sells Firearms on behalf of consigning parties (each, a "Consignor"). NGA does not hold title to Firearms. Firearms are purchased by the winning Bidder directly from the Consignor. NGA acts as facilitator by auctioning and providing related services in connection with the sale of Firearms. Each Bidder and other users of this Website acknowledges the foregoing. It is acknowledged and agreed that at times Firearms may be purchased via private sale (i.e., outside of the auction process), and in such event these terms and conditions shall control the transaction (except that the auction provisions shall not apply).

All Firearms must be sold in compliance with all applicable local, state and federal laws. Prior to receiving a bidding card or number, Bidders must provide NGA with the name, contact information and license number for the Federal Firearms License (FFL) holder that will be receiving delivery on their behalf (unless the Bidder is a Nevada resident who picks up the Firearm directly at NGA's Nevada facility).

NGA will only deliver the purchased Firearms either (i) to you in person at the NGA facility if you are a Nevada resident, or (ii) to an FFL holder that will receive delivery on your behalf. You will need to pass a background check and satisfy other requirements before taking possession of the Firearm. Prior to placing a bid, you are responsible for knowing the laws applicable to the purchase, ownership, transportation and possession of Firearms by you. If you are not legally entitled to do so, you will still remain liable for purchase of the Firearm and will not be entitled to rescind the sale or receive a refund.

Note Regarding National Firearms Act, Title II (Class III) Firearms. All firearms designated as NFA/Class III must be registered in compliance with the NFRTR (National Firearms Registration and Transfer Record) registry. An NFA/Class III item is a firearm or firearm accessory that is regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in accordance with the National Firearms Act of 1986 (NFA). Buyers should consult with their federal, state, and local laws to make sure they may legally own, possess, or use the purchased NFA/Class III item and that all fees, licenses and approvals are completed.

Neither NGA nor Consignor make any representations or warranties with respect to the condition of Firearms, including without limitation any representations or warranties regarding firing condition, parts, safety to store and fitness to fire. NGA offers for sale the lots as "collector" lots only. Buyer assumes all risk relating to use of the Firearm and any related ammunition. NGA WILL HAVE NO LIABILITY FOR INJURY OR OTHER DAMAGE RELATING TO FIREARMS, WHETHER DUE TO ACCIDENT OR INTENTIONAL MISCONDUCT, AND ANY LIABILITY RELATING THERETO IS EXPRESSLY DISCLAIMED BY NGA AND ANY CLAIMS RELATING THERETO ARE EXPRESSLY WAIVED BY BUYER (ON BEHALF OF BUYER AND ANY SUBSEQUENT USERS OF THE FIREARMS).

The auctioneer may establish procedures and supplement these rules during an auction, in the auctioneer's sole and absolute discretion. The highest qualified Bidder recognized by the auctioneer shall be the winning Bidder. The auctioneer's decision and declaration of the winning Bidder shall be final and binding upon all Bidders and any other parties. The auctioneer has no obligation to accept any bid and may reject or refuse any bid in its sole and absolute discretion.

At the fall of the hammer or the announcement of "SOLD", the highest Bidder will have purchased the offered lot and become a "Buyer". All sales are final at the fall of the hammer or the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein. The auctioneer reserves the right to withdraw any property from the auction prior to sale. NGA's records will be deemed conclusive in all respects in the event there is any dispute after the sale. NGA reserves the right to rescind the sale in the event of nonpayment, breach of warranty, disputed ownership, or error or omission in receiving bids or providing Firearm descriptions or other information, in each instance in NGA's sole and absolute discretion.

After the conclusion of the auction, NGA will provide Buyer with an invoice reflecting the "Total Amount Due", which will include the following:

– Purchase price for the Firearm(s).
– "Buyer's Premium" of 17.5% of the purchase price.
– Sales tax (if applicable) as provided under Section 7 of these terms and conditions.
– Shipping and handling fee as provided under Section 8 of these terms and conditions.
– Insurance premium at the rate of 1.5% of aggregate purchase price (hammer price plus Buyer's Premium).

You will pay the Total Amount Due to NGA upon receipt of the invoice. NGA may rescind any sale upon notice thereof to Buyer in the event Buyer fails to timely pay the full amount set forth in the invoice. NGA's election to rescind the sale does not relieve Buyer from its obligation to pay NGA its fees on the lot (Buyer's premium and amount of fees owed by Consignor to NGA if the sale had happened) and any other damages sustained by NGA or the Consignor. It is acknowledged that NGA will deduct the amount it is owed from such payment before remitting to Consignor. Auction sales are strictly for cash, cashier's check or personal check. Payment by check is in all instances subject to NGA's policies and NGA management may refuse payment in its sole and absolute discretion. Payment by credit card, automated clearing house transfer or wire transfer, or any other means, will only be permitted with the prior approval of NGA management in its sole and absolute discretion.

Amounts not paid when due will accrue interest at the lesser of 18% per annum or the maximum rate permitted by law until paid in full. NGA and Consignor shall be entitled to exercise any rights available under applicable law with respect to non-payment by Buyer. Buyer will be responsible for all costs incurred by NGA and/or Consignor in collecting past due amounts, including reasonable attorney's fees, court and other collection costs. Delivery of purchased Firearms will not be made until NGA receives full payment of the Total Amount Due, taking into consideration any clearing period that may be required for the method of payment utilized by the Buyer.

With respect to Firearms picked up at or shipped to a Nevada location, unless you have a valid reseller's permit (as determined to the satisfaction of NGA), you will be required to pay appliable sales tax (state and local). With respect to Firearms picked up at or shipped to a location outside of Nevada via recognized parcel carrier (such as FedEx), no sales tax will apply unless at such time NGA's economic nexus thresholds for the destination state have been exceeded. If sales tax is owed, NGA will collect such sales tax from you prior to shipment and remit it to the applicable state. If the incorrect amount of sales tax is collected at the time of purchase for any reason, you agree to pay NGA the actual amount of tax due.

You will pay NGA the shipping fee specified in the lot description for the purchased Firearm(s). NGA will handle packaging and coordination of shipping. Shipping will be provided via FedEx. Under current FedEx rules, you are required to designate a new FedEx account that will only be used for shipment of Firearms (and any related items that accompany the Firearm shipment, such as a gun case). NGA is required to provide FedEx with a copy of its FFL. All shipments are subject to and must comply with the current requirements of FedEx. NGA reserves the right to utilize a shipper other than FedEx, in which event the shipment will be subject to the requirements of such shipper.

All shipped Firearms are insured at the rate of 1.5% of aggregate purchase price (hammer price plus Buyer's Premium).

All Firearms offered for sale are "as is, where is". Buyers have no rescission, return or exchange rights. Descriptions of Firearms or statements referencing condition, authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or any other characteristic, are statements of opinion and not guarantees or representations or warranties. Neither NGA nor Consignor makes any guarantee or warranty regarding the Firearm. NGA recommends that each Bidder view and inspect (either personally or through an expert) each Firearm before bidding on it.

If you do not pick up a purchased Firearm (personally or through an authorized shipper) within 5 business days of the auction closing, then you will be charged a storage fee at NGA's standard rates in effect at such time. You must pay any storage fee prior to delivery of the Firearm.

NGA owns the copyright and all images and illustrations in written material produced by or relating to a lot. NGA's prior written permission is required for Bidder or Buyer, or any other party, to reproduce or otherwise use such images and illustrations.

It is acknowledged that if Buyer fails to pay the amount it owes as specified in the applicable invoice, then NGA and Consignor shall be entitled to exercise the remedies set forth herein as well as any other remedies available at law or equity, including but not limited to filing a lawsuit in Douglas County, Nevada. For all other disputes relating to the lots or Firearms, or otherwise pertaining to these terms and conditions, the parties shall discuss and attempt to resolve the matter. If they are not able to resolve the matter within 30 days, then either party may compel binding arbitration by written notice to the other party. In such event, the matter shall be determined by binding arbitration before a single arbitrator administrated by and conducted under the rules of the American Arbitration Association in Douglas County, Nevada. Each party will pay an equal amount of the arbitration fees and costs. Each Bidder or Buyer in this auction agrees that the election of restricting any and all claims (except non-payment) to arbitration is a voluntary decision and is evidenced by the Bidder or Buyer's participation in the auction.

ALL LOTS AND FIREARMS ARE SOLD "AS IS". NEITHER NGA NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE LOTS OR FIREARMS OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE LOTS OR FIREARMS OR OTHERWISE RELATING TO THE FIREARMS. ALL FIREARMS ARE SOLD AS COLLECTOR LOTS ONLY. NEITHER NGA NOR THE CONSIGNOR MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING FITNESS TO FIRE OR OTHERWISE DISCHARGE THE FIREARM OR AMMUNITION. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. NGA AND CONSIGNOR SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL NGA OR THE CONSIGNOR BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF NGA AND CONSIGNOR (ON A COMBINED BASIS) FOR CLAIMS HEREUNDER OR OTHERWISE RELATING TO THE TRANSACTION SHALL BE LIMITED TO THE AMOUNT PAID BY BUYER FOR THE LOT OR FIREARMS THAT ARE THE SUBJECT OF SUCH CLAIM. NEITHER NGA NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, MANAGERS, CONTRACTORS, AGENTS OR EMPLOYEES IS RESPONSIBLE FOR ANY ERRORS OF A BIDDER, INCLUDING BUT NOT LIMITED TO THE BIDDER BIDDING ON THE WRONG LOT.

These terms and conditions are governed by the laws of the State of Nevada, without regard to conflict of laws principles. Venue for any dispute arising out of these terms and conditions or the offer or sale of the lots or Firearms shall be in the courts of Douglas County, Nevada. Such venue is exclusive. Each Bidder and Buyer irrevocably consents to such courts having jurisdiction over them. These terms and conditions supersede any prior or contemporaneous documents or discussions with respect to the lots or Firearms, or otherwise relating to the subject matter set forth herein.