Terms & Conditions

A Binding Agreement Governing All Forms of Participation in Auctions Conducted by Gunslinger Auctions, LLC

This Agreement governs all Bidders participating in auctions conducted by Gunslinger Auctions, LLC — whether in person at the Auction House, through online bidding platforms (HiBid.com, Proxibid.com), or through the Auction House's official website (GunslingerAuctions.com) via Sealed Bid submission or phone bid arrangement. All participants are bound by this Agreement in its entirety. In the event of any conflict between this Agreement and any prior written or verbal statement, platform-specific terms, catalog notation, or any announcement made by the Auctioneer or any Auction House representative on the day of sale or at any other time, this Agreement governs. All such prior or contemporaneous statements and announcements are supplementary only and shall not be construed to vary, limit, or supersede any term herein.

By registering or placing any bid — by any means — the Bidder agrees to be legally bound by this Agreement.

Table of Contents

1. Definitions & Binding Effect
2. Auctioneer Authority
3. Eligibility & Compliance
4. Registration
5. Inspection & Preview
6. Descriptions & Conduct
7. Regulated Materials
8. Firearms
9. Sealed & Phone Bids
10. Withdrawal & Disputes
11. Buyer's Premium
12. Taxes & Fees
13. Payment
14. Transfer
15. Ineligible Buyer & Deemed Consignor
16. Shipping
17. Storage & Abandonment
18. Returns
19. Default & Remedies
20. Disputes
21. Jurisdiction
22. Acceptance
23. Privacy
24. General

BEGIN FULL BINDING TERMS

1. Definitions & Binding Effect

Any individual who registers to bid or places a bid — by any means and through any channel — is referred to throughout as a "Bidder." The winning Bidder on any lot is referred to as the "Buyer." Gunslinger Auctions, LLC is referred to throughout as the "Auction House." A Buyer who is determined to be an Ineligible Buyer as defined in Section 15 is referred to throughout as a "Deemed Consignor." The Deemed Consignor designation arises by operation of this Agreement upon the ineligibility determination and does not require any separate act or agreement by either party. The Bidder and the Buyer are the same registered individual; bids may not be placed, and purchases may not be accepted, on behalf of any other person or entity, except where expressly authorized by the Auction House in the conduct of Sealed Bid or Phone Bid participation as described in Section 9. Each Bidder is solely and personally responsible for all bids placed under their registration. All bids are binding upon placement. NO BID RETRACTIONS ARE PERMITTED. The Auction House is under no obligation to consider, grant, or respond to any retraction request of any kind. Notwithstanding the foregoing, the Auction House may, in its sole and unreviewable discretion, entertain a written retraction request submitted by the Bidder of record; any such consideration is a gratuitous accommodation only, creates no precedent, and confers no right on any Bidder to demand similar treatment in any future or concurrent transaction. The Auction House's decision on any retraction request is final and non-appealable. Time is of the essence with respect to all deadlines in this Agreement.

2. Auctioneer Authority

All lots are sold solely at the discretion of the Auctioneer — the authorized representative of the Auction House who conducts bidding and declares the winning bid. The Auctioneer calls opening bids at his sole discretion. If no reasonable bid is received, the item will be passed. The Auction House and Auctioneer have full and sole authority to reject or void any bid, resolve all bid disputes, correct clerical errors and discrepancies arising from multi-platform operations, and withdraw any item at any time prior to its announcement as sold.

Live auctions are conducted simultaneously across multiple bidding channels and platforms. Bid amounts may differ across platforms at the moment of sale due to platform latency, connectivity issues, or technical factors beyond the Auction House's direct control. The winning bid as declared by the Auctioneer — the Hammer Price — is final and binding. The Auction House shall not be held responsible for any bid not received, not processed, or not recognized by the Auctioneer for any reason.

Risk of loss transfers to the Buyer upon physical pickup at the Auction House or, for shipped items, upon delivery to the carrier. The Buyer assumes full and sole responsibility for safe handling, secure storage, lawful transportation, and compliance with all applicable laws from that moment forward.

The Auction House may audio- and video-record all preview sessions and auction activity. Such recordings are the sole property of the Auction House and may be used as evidence in disputes, legal proceedings, or for any other lawful purpose.

3. Eligibility & Compliance

Buyers are solely responsible for knowing and ensuring their own legal eligibility to purchase, own, transfer, and possess any item under all applicable federal, state, and local law. The Auction House does not conduct pre-registration eligibility checks and cannot reasonably be expected to do so. Compliance with all legal requirements governing the purchase, transfer, possession, and transport of any item — including but not limited to all firearms laws, import and export regulations, and any other applicable statute or regulation as they may exist or be amended from time to time — is solely and exclusively the Buyer's responsibility. No transfer will be completed that is prohibited by law. The Buyer's obligation to pay the full invoice amount is not affected by any legal impediment to transfer.

4. Registration

Bidders must register before placing any bid. On HiBid.com and Proxibid.com, registration and acknowledgment of these Terms is managed through each platform's standard process; automated confirmation emails generated in connection with platform registration are sent by those platforms and not by the Auction House. The Auction House retains the right to override any platform approval or denial at its sole discretion. On GunslingerAuctions.com, Sealed Bid and phone bid registration requires acknowledgment of these Terms before submission is permitted. Bidders are bound upon registration regardless of whether any automated or other communication is received, opened, or read, and regardless of the source of any such communication. Bidders must register at least 24 hours prior to the scheduled auction start; late registrations may be rejected without notice.

5. Inspection & Preview

All items are available for in-person preview at no cost at Gunslinger Auctions, LLC, 1740 West La Veta Ave, Orange, CA 92868, during the preview period preceding each auction. Preview hours: Tuesday–Friday 10 AM–5 PM; Saturday 10 AM–4 PM (PT). By placing a bid, the Bidder is conclusively presumed to have either inspected the item to their satisfaction or knowingly and voluntarily waived the opportunity to do so. The Auction House does not disassemble, test-fire, or perform mechanical inspections on any consigned item and makes no representation as to mechanical condition, safety, function, or fitness for any purpose. Items will not be disassembled for inspection under any circumstances.

For inspection inquiries and general questions:

6. Descriptions & Conduct

6.1 Catalog Descriptions

All written descriptions, condition assessments, and valuations are provided in good faith and represent matters of opinion only — not warranty, guarantee, or representation of any kind. No description constitutes a guarantee of accuracy, condition, completeness, or fitness for any purpose. Questions about any item should be directed to the Auction House before bidding. The Auction House reserves sole discretion exercised in good faith to consider, and to deny, any claim of misdescription. No such claim will be considered after the Buyer has inspected — or knowingly chosen not to inspect — bid upon, accepted delivery of, disassembled, altered, used, transferred, or otherwise modified the item in any way.

6.2 Prohibited Conduct

The following constitute material breaches of this Agreement: Shill Bidding of any kind, including bidding by or on behalf of a Consignor on their own items; Fraudulent Bidding, including misuse of identity or payment methods; Bidder identity misrepresentation; use of invalid or unauthorized payment methods; coordinated bidding to manipulate auction outcomes; and any other interference with fair and open competition. Violating parties are subject to civil and criminal penalties under applicable law in addition to all remedies available to the Auction House, including bid cancellation, permanent ban, sale voidance, and pursuit of all available legal and financial remedies. Nothing in this Section limits the Auctioneer's sole discretion in calling opening bids, passing items, or managing auction conduct.

7. Regulated Materials

Some items may contain components derived from protected, regulated, or restricted species or materials — including but not limited to ivory, bone, horn, organic materials, or regulated synthetic materials. Where material origin or composition cannot be determined by visual inspection, items are described using neutral language. The Auction House makes no representation as to the regulatory status of any component material under any applicable law as it may exist or be amended from time to time. Compliance with all applicable laws governing the sale, possession, transport, import, or export of such materials is the Buyer's sole responsibility. The inability to obtain any required permit does not void the sale or delay payment. The Auction House shall not be liable for any confiscation, seizure, fine, or legal consequence arising from the Buyer's purchase, transfer, or possession of any such item.

8. Firearms

ALL FIREARMS AND RELATED ITEMS ARE SOLD AS COLLECTORS ITEMS ONLY. The Auction House makes no guarantee as to operability, firing condition, function, or safety of any firearm. All property is sold AS‑IS, WHERE‑IS with no warranties expressed or implied. A competent, licensed gunsmith must inspect any firearm prior to any attempt to fire or discharge it. The Auction House has not fired any firearm offered in any auction and expressly disclaims all liability for any accident, injury, death, or property damage resulting from the storage, handling, or use of any item sold.

LIMITATION OF LIABILITY: NEITHER THE AUCTION HOUSE NOR ANY CONSIGNOR MAKES ANY WARRANTY, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO ANY LOT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED. ALL PROPERTY IS SOLD "AS-IS, WHERE-IS." FITNESS TO FIRE OR OTHERWISE DISCHARGE ANY FIREARM IS EXPRESSLY DENIED. IN NO EVENT SHALL THE AUCTION HOUSE BE LIABLE TO ANY BIDDER OR BUYER FOR ANY COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO ANY ITEM SOLD OR ANY TRANSACTION CONDUCTED HEREUNDER. THIS LIMITATION APPLIES TO CLAIMS BY BIDDERS AND BUYERS AGAINST THE AUCTION HOUSE ONLY AND DOES NOT LIMIT OR QUALIFY ANY OBLIGATION OF A BUYER OR DEFAULTING BUYER TO THE AUCTION HOUSE UNDER THIS AGREEMENT, INCLUDING UNDER SECTION 19.

9. Sealed & Phone Bids

Sealed Bids are confidential maximum bids submitted prior to auction start through GunslingerAuctions.com or in person through an authorized Auction House representative. Phone Bids are arrangements made prior to auction through which a Bidder participates live via telephone, represented by an Auction House staff member. Both bid types are subject to availability and must be arranged no later than 24 hours prior to the scheduled auction start; late submissions may be rejected without notice.

For Sealed Bids submitted through GunslingerAuctions.com, a non‑refundable $1.00 verification charge is applied at submission, and an automated submission receipt email is generated by the system as a record of submission only. Receipt of that automated email confirms only that a submission was received by the system; it does not constitute acceptance of the Sealed Bid by the Auction House. The Auction House reviews and accepts or rejects Sealed Bid submissions at its sole discretion. The Auction House is under no obligation to review submissions in real time, including during live auction conduct or outside of regular business hours. The Bidder is solely responsible for confirming acceptance of their Sealed Bid by contacting the Auction House directly; failure to confirm acceptance is entirely at the Bidder's risk. An unconfirmed or unaccepted submission creates no obligation on the part of the Auction House to honor or acknowledge the bid. The verification charge is non‑refundable regardless of acceptance or rejection, and regardless of when the submission was made relative to the auction start. Bidders are strongly advised to submit Sealed Bids well in advance of the 24-hour deadline; the Auction House bears no responsibility for submissions made close to the deadline that are not reviewed prior to auction start.

A Sealed Bid authorizes the Auction House to bid on the Bidder's behalf up to the stated maximum and may be won below that maximum. Tied Sealed Bids are resolved in favor of the earliest submission. Sealed Bids and Phone Bid arrangements are irrevocable once submitted or confirmed. The Auction House does not undertake to contact Sealed Bid or Phone Bid Bidders regarding incomplete submissions, payment issues, or absent transfer documentation — full compliance is solely the Bidder's responsibility. Sealed Bid invoices are generated manually following auction close. Winning Sealed Bidders are strongly encouraged to contact the Auction House promptly after auction close to request their invoice; delay in doing so does not extend the payment deadline. The payment deadline for Sealed Bidders is 3 calendar days from invoice receipt as further described in Section 11. Failure to pay within 3 calendar days of invoice receipt constitutes authorization to charge any payment method on file for the full invoice amount.

10. Withdrawal & Disputes

The Auction House reserves the right to withdraw any item at any time at its sole discretion without liability to any Bidder. This right operates as against Bidders only and does not affect the rights of any Consignor under a separately executed Consignor Agreement. Where an item is withdrawn after payment has been received, the Buyer will receive a full refund for that item only. All bid disputes are resolved exclusively at the Auctioneer's sole discretion exercised in good faith. The Auctioneer shall be the final judge in all bidding matters and shall name a Bidder as the Buyer; such determination is final and binding. The Auction House shall not be held responsible for any missed bids or bids unseen or unprocessed by the Auctioneer for any reason.

11. Buyer's Premium

A non‑refundable Buyer's Premium is added to the Hammer Price and is payable by the Buyer as part of the total purchase cost. The applicable rate is determined by the bidding channel and method of payment as follows:

For in-person bidders, payment is due in full on auction day. For Sealed Bid and Phone Bid participants, payment is due within 3 calendar days of invoice receipt. For Online Bidders (HiBid.com, Proxibid.com), payment is due within 3 calendar days of auction close. If a Sealed Bid or Phone Bid Buyer electing the cash or check rate does not complete payment within 3 calendar days of invoice receipt, the invoice shall be recalculated at the applicable card rate and charged to the payment method on file. Sealed Bidders paying by check must contact the Auction House within 3 calendar days of invoice receipt to confirm payment is en route; the Auction House will make reasonable accommodation for postal delivery. The Buyer's Premium is earned upon the fall of the hammer and is non‑refundable under all circumstances, including upon any determination of Ineligible Buyer status (see Section 15).

Third‑party platforms (HiBid.com, Proxibid.com) collect applicable taxes and fees automatically and in accordance with their own policies; only those platforms may modify or grant tax exemption status for transactions conducted through them.

12. Taxes & Fees

All applicable taxes and government‑mandated fees are the Buyer's sole responsibility and will be assessed and collected as required by law. The Auction House does not determine, set, or control the amount of any tax or government‑mandated fee; all such amounts are imposed by applicable federal, state, or local authority and are subject to change at any time without notice from the Auction House. Where California law imposes an excise tax on the sale of firearms or firearm precursor parts, that tax shall apply to the full transaction value, including the Hammer Price, Buyer's Premium, and any applicable shipping charges, as required by law. Where California law requires a background check fee for firearm transfers, that fee shall be assessed in the amount then required by the California Department of Justice at the time of transfer. Tax exemptions are available only where required by applicable law; Buyers claiming exemption are solely responsible for establishing eligibility through the appropriate channel.

13. Payment

13.1 Deadline & Methods

In-Person Bidders: All purchases must be paid in full on auction day. Any alternative payment arrangement must be made expressly with the Auction House prior to the auction.

Online Bidders (HiBid.com, Proxibid.com): Invoices must be paid in full within 3 calendar days of auction close.

Sealed Bid and Phone Bid Participants: Invoices must be paid in full within 3 calendar days of invoice receipt, consistent with Section 9 and Section 11.

Accepted forms of payment: Visa, MasterCard, American Express, Discover, Cash (USD only), Certified Check, or Personal Check. All payments must be in United States Dollars. By registering, the Bidder expressly authorizes the Auction House to store payment methods on file and charge any method on file for all balances due, including Hammer Price, Buyer's Premium, taxes, government‑mandated fees, and shipping. Pre‑authorization holds may be applied prior to auction close. Bidders must provide accurate contact information at registration and promptly update the Auction House of any changes; failure to receive communications due to inaccurate information does not relieve any obligation under this Agreement.

13.2 Failure to Pay / Payment Disputes

Failure to pay does not void the sale. The Buyer remains liable for the full invoice amount regardless of non‑payment. Buyer's remorse, change of circumstance, failure to inspect, or failure to confirm eligibility are not grounds for cancellation or non‑payment.

The Auction House's dispute resolution procedures (see Section 20) are the contractually agreed mechanism for resolving any claim. The Buyer agrees to utilize these procedures before initiating any payment dispute with their financial institution. Any payment dispute — including chargebacks, ACH reversals, stopped checks, or any other reversal mechanism — initiated for any reason other than documented unauthorized use of the Buyer's payment method by an unaffiliated third party constitutes a material breach of this Agreement, entitling the Auction House to pursue all available remedies including the full invoice amount, administrative default fees (see Section 19), arbitration costs, attorney fees, and permanent ban from all future auctions. Where a legitimate unauthorized‑use claim exists, the Buyer must notify the Auction House in writing concurrently with any dispute filed.

13.3 Interest

Unpaid balances accrue interest at 1.5% per month beginning on the 7th calendar day following auction close (for Online Bidders) or the 7th calendar day following invoice receipt (for Sealed Bid and Phone Bid participants), in addition to any storage fees (see Section 17), default fees, or other amounts assessed under this Agreement. All such amounts are cumulative.

14. Transfer

The Auction House is a federally licensed firearms dealer and conducts all transfers in compliance with applicable federal and California law as such laws may exist or be amended from time to time. It is the Buyer's sole responsibility to ensure their legal eligibility to receive any item, to provide all documentation required by law to complete the transfer, and to comply with all applicable registration, waiting period, and transfer requirements.

Where transfer through a licensed dealer is required, the Buyer is solely responsible for identifying a willing, licensed receiving dealer and causing that dealer to submit a current, valid copy of their license to [email protected] referencing the Buyer's full name and Bidder number. A single submission covers all items won within the same auction event; prior submissions are not transferable across separate auction events. The Auction House will not solicit, follow up on, or retain any documentation submitted in connection with a prior auction event. Shipment will not be initiated and pickup will not be permitted until full payment is received and all required documentation is on file. The Buyer is solely responsible for monitoring the status of their transfer and for proactively contacting the Auction House with any questions; the Auction House does not undertake to notify Buyers of transfer status, pending requirements, or documentation deficiencies.

Only the registered Buyer — the Bidder of record — may take personal possession of any purchased firearm. No other person may accept delivery or take possession on the Buyer's behalf, except a licensed receiving dealer accepting transfer on behalf of an out-of-area Buyer as described herein.

Out‑of‑state Buyers must ensure their receiving dealer agrees to accept and complete the transfer under the laws of their jurisdiction. International Buyers must identify a U.S.‑based dealer with appropriate export authority and cause that dealer to submit their license as described above; that dealer assumes sole responsibility for all export procedures and compliance. The Auction House bears no responsibility for any delay, denial, seizure, or legal consequence arising from any transfer.

All purchased post‑1898 firearms are subject to applicable registration, waiting period, and transfer requirements under federal and California law as such laws may exist or be amended from time to time. The Buyer is solely responsible for complying with all such requirements, including any obligation to re‑register a firearm not collected within any time period specified by law. The Auction House's storage policy (see Section 17) operates independently of and in addition to any legally mandated registration or re‑registration deadline.

15. Ineligible Buyer & Deemed Consignor

15.1 Ineligible Buyer Defined

For purposes of this Agreement, "Ineligible Buyer" means any Buyer who, following the fall of the hammer, is determined to be legally prohibited from taking possession of a purchased lot for any reason — including but not limited to: (a) failure to pass a required background check or DROS; or (b) the Buyer's legal inability to receive a lot by reason of its transfer classification or applicable law, including but not limited to lots designated Out‑of‑State Only. The Buyer is solely responsible for monitoring and determining their own eligibility and transfer status. The Auction House does not undertake to notify any Buyer of an ineligibility determination, transfer denial, or any related development; it is the Buyer's responsibility to initiate contact with the Auction House if the Buyer has any question regarding the status of their transfer.

A determination of Ineligible Buyer status does not void the sale. The Winning Bid is a binding purchase obligation regardless of any subsequent eligibility determination. The Auction House is legally obligated to retain any item it cannot lawfully transfer and may not release it. The Buyer's Premium is retained by the Auction House as earned, non‑refundable compensation for services rendered upon the fall of the hammer; this retention is not a penalty and applies regardless of the basis for ineligibility.

15.2 Deemed Consignor

Upon a determination of Ineligible Buyer status, the Ineligible Buyer is automatically designated a "Deemed Consignor" by operation of this Agreement, without the need for any separate act, agreement, or signature by either party. As Deemed Consignor, the Ineligible Buyer consigns the item to the Auction House for resale on the Deemed Consignor's behalf, subject to the terms of this Section. The Auction House does not warrant, represent, or guarantee any particular resale price, timeline, or outcome.

The following terms govern all Deemed Consignor resales:

1. Commission. The Auction House shall retain a commission of 25% of the resale Hammer Price as its compensation for conducting the resale. The Deemed Consignor may submit a written request to negotiate a reduced commission rate; any such reduction is subject to approval solely at the Auctioneer's discretion and takes effect only upon written confirmation by the Auction House. No reduction is effective unless confirmed in writing.
2. Auctioneer Discretion. The Auctioneer retains full discretion to lot, combine, pass, or withdraw the consigned item in the manner the Auctioneer deems to be in the best interest of the Auction House and the Deemed Consignor, or as required by applicable law. No minimum price or reserve applies unless separately agreed in writing.
3. No Self‑Bidding. The Deemed Consignor may not bid on their own consigned item, directly or through any agent, for the purpose of influencing the resale price. If the Auctioneer identifies such bidding, the item will be withdrawn from the resale and the full commission will remain due, calculated on an appraised value determined by a third‑party appraiser selected by the Auction House at the Deemed Consignor's expense.
4. Costs and Priority of Application. All accrued storage fees under Section 17, costs of the original sale, costs of the resale, and the Auction House's 25% resale commission (or approved negotiated rate) shall be deducted from gross resale proceeds before any amount is remitted to the Deemed Consignor. The Deemed Consignor remains personally liable for any deficiency if net resale proceeds are insufficient to satisfy all amounts owed.
5. Disbursement. Any net proceeds remaining after full satisfaction of all amounts owed by the Deemed Consignor shall be remitted to the Deemed Consignor within 30 calendar days of the Auction House's receipt of payment in full from the successful new buyer.
6. Lien. The Auction House holds a possessory and contractual lien on the consigned item and on all resale proceeds for every amount owed by the Deemed Consignor, including commissions, storage fees, costs of both the original and resale transactions, and any other amounts assessed under this Agreement.
7. Default. Failure by the Deemed Consignor to satisfy any deficiency or outstanding obligation following resale is treated as default under Section 19.

The Deemed Consignor expressly waives all claims against the Auction House arising from the ineligibility determination, the Deemed Consignor designation, the conduct of the resale, the resale price achieved, or any delay, loss, or diminution in value occurring during the resale process. The Auction House assumes no liability for any such loss or outcome.

16. Shipping

Shipping is available for eligible items via UPS, USPS, or FedEx, at the Auction House's discretion. All shipments include insurance. Estimated shipping timeframe: 1–6 weeks after all payment and transfer documentation requirements are satisfied. Approximate shipping rates (subject to change based on location and carrier pricing): long guns approximately $75–$95 plus approximately $40 per additional item; handguns approximately $40–$50 plus approximately $10–$20 per additional item. All shipping costs are the Buyer's sole responsibility. The Auction House will not initiate shipment without full payment and all required transfer documentation on file. The Auction House does not ship items to jurisdictions where receipt of such items is prohibited by applicable law.

16.1 Delivery Acceptance & Damage

Whether received by a licensed dealer on the Buyer's behalf or directly by the Buyer, the signing party accepts the item in the condition presented at the time of receipt. Two damage scenarios apply:

Visible exterior damage: If packaging is visibly damaged upon exterior inspection prior to opening, the receiving party is strongly advised to refuse the shipment and return it unsigned to the carrier. Acceptance of a package with visible exterior damage constitutes acceptance of the item in that condition and waives all shipping damage claims. The Auction House strongly encourages receiving dealers to apply the same standard.

Concealed damage: Where damage is not apparent from exterior inspection and is discovered only upon opening, the Buyer must submit a claim to the Auction House within 5 calendar days of delivery with photographic documentation of both packaging and item condition. Claims without such documentation will be denied. The Auction House's liability for concealed shipping damage is limited to the lesser of the original purchase price or the actual documented damage. All damage determinations are at the Auction House's sole discretion. Failed or refused delivery due to Buyer or dealer error requires additional shipping fees at the Buyer's sole expense.

17. Storage & Abandonment

All purchased items must be collected or shipped within 60 calendar days of auction close. Storage fees of $5.00 per item per day accrue beginning on the 61st calendar day after auction close. Any item not collected or shipped within 60 calendar days of auction close is deemed abandoned. Acceptance of these Terms constitutes advance written notice of this abandonment and storage policy, satisfying any notice requirement imposed by applicable California law governing warehouse liens, abandonment, and sale of goods. Upon abandonment, the Auction House shall enforce its possessory lien pursuant to applicable provisions of California law. Any resale shall be conducted in a commercially reasonable manner. The former Buyer remains liable for all accrued storage fees, the Auction House's standard consignment commission, and all costs of resale. Net proceeds of resale shall be applied to all outstanding amounts owed by the former Buyer; any surplus shall be remitted to the former Buyer as required by law.

18. Returns

ALL SALES ARE FINAL. THERE ARE NO REFUNDS AND NO EXCHANGES. All items are sold AS‑IS, WHERE‑IS. Every Bidder has had at least the duration of the posted preview period preceding the auction during which they may inspect any lot in person at the Auction House during preview hours; by placing a bid, the Bidder is conclusively deemed to have either inspected the item to their satisfaction or to have knowingly waived that opportunity. No claim of unfamiliarity with an item's condition will be entertained after a bid has been placed.

In the rare and exceptional circumstance of blatant, material misrepresentation of an item by the Auction House — as determined solely and exclusively at the Auction House's discretion — a return or refund may be considered on a case-by-case basis. No such consideration will be extended where the Buyer inspected the item prior to bidding, accepted delivery without contemporaneous objection, disassembled, altered, used, or transferred the item, or failed to notify the Auction House within 5 calendar days of receipt with photographic documentation. The Auction House's determination in all such matters is final. For shipping damage procedures see Section 16.1.

A Buyer who accepts delivery and subsequently initiates a payment dispute commits a material breach of this Agreement and is subject to all remedies under Section 13.2 and Section 19.

19. Default & Remedies

A defaulting Buyer is liable for the full Hammer Price including the Buyer's Premium, all accrued interest, storage fees, costs, attorney fees, and consequential damages. Defaulted items may be resold by the Auction House; the defaulting Buyer is charged any deficiency between the original invoice amount and resale proceeds, including all costs, warehousing fees, expenses of both the original and resale transactions, the Auction House's standard consignment commission, and all consequential damages including attorney fees. The Auction House shall additionally assess a non‑refundable administrative default fee of 25% of the Hammer Price as compensation for administrative costs, consignment processing, and resale overhead already incurred; this fee is not a penalty and reflects a reasonable estimate of the Auction House's damages at the time of contracting, given that the Auction House must absorb the cost of remarketing, processing, and reselling the defaulted lot — whether through the next available auction or an alternative commercially reasonable resale channel — the actual cost of which is difficult to calculate prospectively, and the parties acknowledge that it would be impracticable or extremely difficult to fix the actual damage in the event of default. The administrative default fee is separate from and in addition to the Buyer's Premium. The parties expressly acknowledge and agree that the administrative default fee compensates the Auction House for damages separate and distinct from any resale deficiency, Buyer's Premium, storage charges, or accrued interest, and is not duplicative of any other charge or recovery provided herein. The parties agree that total recovery under this Section shall not exceed the Auction House's actual damages plus the agreed liquidated administrative default fee, and that the administrative default fee is intended to compensate for internal labor, platform fees, marketing costs, accounting reconciliation, reputational harm, and resale disruption not otherwise recoverable. All remedies are cumulative and not exclusive of any other remedy available at law or in equity.

The Auction House may resell any defaulted item in a commercially reasonable manner without further notice to the defaulting Buyer beyond the advance notice provided by the Bidder's acceptance of these Terms, applying net proceeds to the outstanding balance, with any remaining surplus remitted to the former Buyer as required by law.

The Bidder agrees to indemnify, defend, and hold harmless the Auction House, its officers, employees, agents, and consignors from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney fees) arising from: firearm misuse or unsafe handling; violation of any applicable law; any improper or unlawful transfer; failure to pass any required background check; or any negligence or willful misconduct by the Buyer or their agents.

The Auction House maintains a possessory lien on all purchased items until all amounts owed — including Hammer Price, Buyer's Premium, taxes, government‑mandated fees, storage charges (see Section 17), and any other amounts assessed under this Agreement — are paid in full.

Obligation Fixed Upon Default. Upon the occurrence of default, Buyer's liability for all amounts described in this Section becomes fixed, absolute, and immediately due, subject only to credit for any net resale proceeds actually received and applied in accordance with this Agreement. Resale of any item does not extinguish, waive, or otherwise satisfy Buyer's liability except to the extent of such applied credit.

Assignment of Obligations. Buyer expressly agrees that any and all obligations arising under this Agreement — including but not limited to unpaid invoice amounts, liquidated administrative default fees, interest, storage charges, costs, attorney fees, and any other sums due — are freely assignable by the Auction House. The Auction House may sell, assign, transfer, or convey such obligations, in whole or in part, to any third party without further notice to or consent from Buyer. Buyer agrees that any lawful assignee shall have the same rights and remedies as the Auction House under this Agreement. Buyer waives any defense, claim, or objection arising solely by reason of such assignment.

20. Disputes

ARBITRATION AGREEMENT — READ CAREFULLY. THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

This Agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The parties agree to attempt good‑faith mediation in Orange County, California before initiating arbitration. If either party fails to participate within 30 days of written request, the requesting party may proceed directly to arbitration. All disputes not resolved through mediation must thereafter be resolved exclusively through binding arbitration administered by JAMS or AAA in Orange County, California, under the applicable rules of the selected administrator. The prevailing party recovers all arbitration costs and reasonable attorney fees. Class action and representative claims of any kind are expressly and irrevocably waived. Each party may bring claims only in their individual capacity. Small claims court jurisdiction is not precluded where applicable. To the extent required by California law, the Auction House shall bear arbitration costs beyond what the Bidder would otherwise pay in a court of competent jurisdiction.

21. Jurisdiction

For matters not subject to mandatory arbitration under Section 20, the parties consent to exclusive jurisdiction and venue in the Superior Court of California, County of Orange, or the United States District Court, Central District of California, Southern Division. This Agreement is governed by the laws of the State of California without regard to conflict of laws principles.

22. Acceptance

These Terms are binding on all Bidders regardless of channel, platform, or method of participation. By placing any bid — in person, online, by sealed submission, or by phone — the Bidder conclusively acknowledges having had a reasonable opportunity to review these Terms and agrees to be bound in their entirety. All digital records of notice and acceptance — including registration logs, IP addresses, timestamps, email delivery records, and electronic acknowledgments — are enforceable under California law and may be offered as evidence in any proceeding. The absence of scroll‑enforced clickwrap on a third‑party platform does not diminish the binding effect of these Terms.

Constructive Notice. These Terms are publicly available at GunslingerAuctions.com and are incorporated by reference into all auction listings published by the Auction House on any platform. Publication of these Terms on the Auction House's website, together with their incorporation by reference into auction listings, constitutes constructive notice to all Bidders regardless of the platform through which they register or bid. Bidders are solely responsible for independently reviewing these Terms prior to registration or bidding. Inability to locate, access, or read these Terms does not relieve any Bidder of any obligation hereunder.

Version Control. The version of these Terms in effect on the date of the Bidder's registration and bid placement governs the transaction. Such records, if retained by the Auction House, constitute prima facie evidence of Bidder's assent and contractual obligation.

23. Privacy

By registering, the Bidder consents to the Auction House collecting, retaining, and using registration data — including name, mailing address, email address, and phone number — for operational, transactional, and marketing purposes. California residents may request deletion of marketing data, disclosure of retained marketing information, or opt out of marketing communications at any time via the contact information listed in Section 5. Where marketing communications are delivered through third-party platforms — including but not limited to email marketing services and bidding platforms — opt-out mechanisms provided by those platforms are solely the responsibility of those platforms. The Auction House is not responsible for the operation, availability, or effectiveness of any third-party unsubscribe or opt-out mechanism. Each new registration constitutes a fresh voluntary submission of personal data; prior deletion requests do not prevent re‑collection upon re‑registration. Personal data necessary for the completion of any outstanding transaction, the enforcement of any right or obligation under this Agreement, or compliance with any applicable legal requirement cannot be deleted upon request until all such obligations are fully resolved. Operational communications — including invoices, payment notices, transfer documentation requests, shipping notifications, and dispute correspondence — are mandatory and non‑waivable; to the extent such communications are generated, they are generated as part of standard transaction processing and do not constitute a representation that the Auction House will proactively initiate contact with any Bidder or Buyer on any particular schedule or at any particular stage of a transaction. The Auction House does not sell personal data to any third party.

The Auction House implements commercially reasonable technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, or destruction. No method of transmission over the internet or electronic storage is completely secure; the Auction House cannot guarantee absolute security and shall not be liable for any unauthorized access to or disclosure of personal data that occurs despite such measures. The Auction House is not responsible for the data security practices of any third-party platform — including HiBid.com, Proxibid.com, or any email marketing or payment processing service — through which personal data may be transmitted or stored. Bidders are encouraged to review the privacy and security policies of any third-party platform through which they register or bid.

This Privacy section, including the data collection and retention practices described herein, may be updated from time to time. Continued participation in any auction following any such update — including registration, submission of a bid by any means, or any other act of participation — constitutes full and unconditional acceptance of the updated terms.

24. General

Commercial Transaction. Buyer acknowledges that participation in the auction constitutes a voluntary commercial transaction for the acquisition of goods through competitive bidding and is not a consumer credit transaction or extension of credit by the Auction House.

Entire Agreement. This Agreement is the complete and exclusive statement of terms between the Bidder and the Auction House and supersedes all prior written or verbal agreements, representations, understandings, or announcements of any kind. No statement, representation, or announcement made by the Auctioneer or any Auction House representative — whether before, during, or after any auction — shall vary, limit, or supersede the terms of this Agreement.

No Agency with Bidder. The Auction House acts solely as limited agent for Consignors for the purpose of conducting the auction sale. No agency, fiduciary, representative, or employment relationship of any kind exists between the Auction House and any Bidder or Buyer. The Auction House is not responsible for any Consignor misrepresentation.

Severability. If any provision is found invalid or unenforceable, it shall be severed and all remaining provisions continue in full force. Any severed provision shall be modified to the minimum extent necessary to render it enforceable.

Force Majeure. The Auction House is not liable for delay or failure in performance due to causes beyond its reasonable control, including acts of God, government action, carrier shutdowns, or platform outages. Force majeure does not excuse any Buyer payment obligation.

Statute of Limitations. All claims arising out of or related to this Agreement or any transaction hereunder must be brought within one (1) year of the date the claimant knew or reasonably should have known of the facts giving rise to the claim. Claims not brought within this period are permanently barred.

Good Faith. The Auction House shall exercise all discretionary rights granted under this Agreement in good faith and in accordance with commercially reasonable auction industry standards. Nothing in this provision limits or qualifies the scope of any discretionary authority granted herein.

Waiver of Jury Trial. Each party irrevocably waives any right to trial by jury in any action arising out of or relating to this Agreement or any transaction hereunder, whether in contract, tort, statute, or any other theory.

No Waiver. No failure or delay by the Auction House to exercise any right or remedy constitutes a waiver thereof. Acceptance of partial payment or informal accommodation on any occasion does not modify this Agreement.

Survival. The following provisions survive completion, cancellation, or termination of any sale or this Agreement: Section 20 (Disputes); Section 19 (Default & Remedies); Section 21 (Jurisdiction); Section 18 (Returns); Section 15 (Ineligible Buyer & Deemed Consignor); Section 23 (Privacy); all provisions of this Section; all payment obligations including accrued interest; all disclaimers of warranty and limitation of liability.

By placing a bid — by any means — the Bidder irrevocably acknowledges having read, understood, and agreed to be legally bound by all Terms & Conditions contained in this Agreement.

END FULL BINDING TERMS