All bidders are required to read the Terms and Conditions of the Sale before bidding with KR. Brooks Auctions DBA and/ Kenneth Brooks and Micro Arc Welding collectively referred to below as ? KRB?. Those who bid are bound by these Terms and Conditions of the Sale, as amended by any oral announcement, published or posted notices, which together form the contract of the sale between the successful bidder ?buyer?, ?KRB? and seller ?consignor? of the lot. ACCEPTANCE OF TERMS: When bidding on any lot offered by KRB, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds the bidder to agreement of these terms whether or not buyer has read or understood said terms. The terms in writing contained herein are subject to change without notice and bidder agrees that the most recently published Terms of Sale as published or amended on the website at the beginning of the auction shall apply. BIDDER ELIGIBILITY AND REGISTRATION: Buyers warrant that they are at least age 18 and possess a valid photo ID. Buyers are required to provide a verifiable address of residence, phone number, and email in writing at least 48 hours prior to auction date. Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age or older. It is the bidder's responsibility to take buyers premium, shipping, and insurance costs into consideration when bidding on items. It is the buyers responsibility to personally inspect auction items, or request condition reports and detailed questions prior to bidding., You can call or text Ken at 978-667-4149 for those inspection reports and condition reports. TITLE: Title to all merchandise shall pass to the highest bidder at the fall of the auctioneer's hammer. However Min. bid lots will be decided by the auctioneer if the winner bidder wins at highest offer. The winner bidder will be notified at close of auction that they did win the lot. Questions on any lot's call or text Ken at 978-667=4149 before Aug. 30th, 2023. . One hour before the listed close of timed auction there are NO bids on a lot or lot's in the auction the auctioneer may at his decision pull the lot or LOT'S from live sale and will be called "pass".. The lot or LOT'S will then be returned to consignor before the close of auction. This would protect our consignor's confidential min. bid investment. Questions call or text Ken at 978-667-4149 before August 3oth, 2023..
When the buyer wins he or she will then assume all risk and full responsibility of the lot purchased once ownership has changed. KRB recommends that buyers arrange insurance for all items immediately upon becoming the highest bidder. BUYER?S PREMIUM: A buyers premium will be added to all successful bids and is payable by the buyer as part of the total purchase cost. Base buyers premium (phone, live in-person and in-house absentee) of 10% applies to phone and direct absentee bidding. This is the lowest buyers premium offered, and all bids must be submitted at least 24 hours prior to auction time. A 3% discount is offered for cash, check, wire, and money order payments. Buyers premium for bidding through all online platforms (including www.GUNAUCTIONEERS.COM) is 10 % with a 3% discount for cash equivalent. A 3% Discount applies for Cash or Check Equivalent. No Split payment methods (cash/credit) . Buyers premium is non-negotiable. : KRB makes every effort to accurately describe all items offered in its sales. The descriptions and condition reports carry NO guarantee .Manufacturer, model, caliber, serial numbers, barrel length, special features, major restoration, modification, counterfeits, reproductions or major fabrications are disclosed with no guarantee. CONDITION DISCREPANCIES: It is the bidder?s responsibility (present, online, or absentee bidders) to determine by inspection by themselves (or a hired professional) the exact condition of each item prior to bidding on the item. KRB makes every effort to follow. Condition reports are the opinion of KRB and represent NO professional guarantee. BIDDERS RESPONSIBILITIES: It is the bidder?s responsibility to initiate contact with KRB in request for additional information regarding the items. Submit all questions regarding upcoming auction items at least 48 hours prior to the date of auction. KRB will make every effort to answer all submitted questions in a timely manner. A LIVE PREVIEW WILL BE ALLOWED AND BIDDERS ARE ENCOURAGED TO ATTEND AND must examine all items prior to purchase and again upon receipt. Any discrepancies must be noted prior to ITEM leaving the facility. If bidding via absentee or online, then it is the bidders responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is the buyers responsibility to contact us immediately. KRB will not be held responsible for typographical errors or errors of omission. THERE ARE NO GUARANTEE’S coverING imperfections, patina, slight damages, handling marks, natural imperfections, undisclosed minor blemishes, finish differences, wood-to-metal fit issues, surface cracks or chips in wood, dings and dents, unverifiable age, and other similar differences that are inherent in the firearms or other antiques and collectibles offered for sale. Firearm internal mechanisms and moving parts are not inspected, and guns are not test fired If mechanical or other working parts are inoperable, even if working at the time of sale, KRB is not liable due to the inherent nature of the age of these used items. KRB will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs. ThERE IS NO GUARANTEE to any ammunition whatsoever. All Ammunition will be sold ?as-is? (see below) AS-IS: Auction lots and items offered with the designation ?AS-IS?, ?Poor condition?,or ?For parts or restoration? are offered without guarantee, all sales are final and sold without refund or buyer recourse. POST SALE RETURN AND REFUND POLICY:All firearm transfers will be in strict accordance with all International, Federal, State and local laws. Buyer is responsible for adhering to all country, state and local laws before bidding. If a bidder is unable to import, purchase, own, or receive a firearm for any reason, they should not bid on these items. If a buyer later determines they cannot legally own a firearm or accept delivery, the bid is still a valid contract, and the buyer is still obligated to remit payment in accordance with payment terms. KRB does not offer returns, refunds or cancellations on the basis of ineligibility or failure to facilitate transfer. BUYER OF RECORD: All firearms must transfer to the registered buyer on record. KRB will not modify, or re-invoice any firearms for another party.Background checks and transfer is a $20.00 fee per gun. DENIAL OF TRANSFER: If ?Denied? by FBI / NICS background check buyers will not be able to take possession of the firearm and the firearm will be consigned to the next available firearm auction. Dealers and Individuals that bid on and win items own the items and are fully responsible for payment within terms regardless of whether the FBI / NICS approves their taking physical possession of the items. KRB will not cancel the sale due to disapproval for any reason. If a buyer is appealing a ?Denied? decision, we will hold the firearm for a grace period of 30 days, with monthly storage fees in effect on the 31st day. IN-PERSON PAYMENT AND PICKUP: Only the person to whom the bidder number is registered may accept transfer of the firearm(s) at the conclusion of the sale ? Federal Law disallows anyone else from accepting the transfer. Buyers may not bid on or pay for modern firearms on behalf of another party. Modern Firearms (1898 and later) Can be picked up in person with a valid MA. Pistol Permit or applicable Certificate Can be picked up by FFL Licensee or listed responsible person with ?Live Copy? of License Eligible Curio & Relic Firearms can be picked by by C&R Holders with ?Live Copy? of license. Non MASSACHUSETTS Residents (without FFL or C&R) may not pick up modern or NFA firearms in person at our MA. Facility. Antique Firearms Can be picked up in person with valid photo ID by persons over the age of 18. No background check required, all states of residence eligible. Non-Guns may be picked up by any eligible buyer (or buyers agent) with a valid photo ID. Ammunition: Any buyer receiving ammunition in the State of MA. must possess a Valid MA. Pistol Permit, Long Gun Certificate, or Ammunition Certificate per state laws. SHIPPING: Shipping and transportation costs are the responsibility of the buyer. Unless otherwise noted, all items shipped in-house, and will be billed on your invoice. Modern firearms are legally required to be shipped to a BATF licensed FFL business within their state of residence for transfer. For states that allow shipment of C&R firearms to the C&R license holder, MA. reserves the right to ship those C&R firearms to the address listed on C&R license. Modern handguns only ship via UPS 2-Day Air or U.S.P.S. Priority Mail. Modern long guns are shipped via UPS ground. IT IS THE BUYERS RESPONSIBILITY TO CONTACT THEIR RECEIVING FFL AND ARRANGE TRANSFER AND FFL REMITTANCE. The receiving dealer must submit a current copy of their FFL for each auction invoice. FFL?s are not kept on file. FFL?s should be submitted to DIDIJEWEL@OUTLOOK.COM . FEES: Standard Hand Guns ship for $40. Standard long guns ship for $55. Oversize shipping charges will apply to guns over 45? Plus shipping postage. Overall Length. NO shipping addresses outside the Continental United States. DISASSEMBLY: Firearms, auction items, and accessories may be disassembled for shipping. This may include scopes, cases, barrels, and stocks. ADDRESS: KRB is not responsible for incorrect shipping addresses. Buyers must verify the shipping address listed on their invoice prior to shipment. Standard items packed internally by KRB will ship approximately one to fourteen business days after payment AND applicable paperwork (FFL) is received. INSURANCE: All firearms in transit are insured at no additional cost up to $2,500 per shipment. Packages valued over $2,500 require insurance at a rate of 1% per invoiced dollar unless the buyer declines in writing 48 hours prior to package shipment. OVERSIZE: Certain auction items exceed standard shipping fees and may require oversized and heavy shipping surcharges. Every effort is made to note these charges prior to catalog publication, but may be included on a buyers invoice post auction without notice. AMMUNITION: Ammunition does not ship with an associated gun. Separate charges apply for ammunition shipments, and may require heavy or oversize charges.
Conditions. BIDDING TERMS: The auctioneer will determine the highest bidder. The auctioneer alone has the right to reopen the bidding of an item at any time if deemed necessary due to a dispute. If there is a tie bid between the floor and Internet or absentee bid, the floor bid takes precedence. In the event of a tie internet bid, the auctioneer will choose the highest bidder. KRB and its representatives reserve the right to remove those attendees who impede preview and/or the auction. KRB is not responsible for any errors in bids, omissions of bids, or failure to execute bids and shall have no liability to any bidder for any technical or other failure associated with internet, absentee bidding, or telephone bidding. In the event of an on-site utilities or internet services interruption, the auction will be suspended until such a time that the utility can be restored. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor. ABSENTEE BIDDING:KRB in accordance with Ma. Laws bid on any item offered in this sale that are consigned by others. KRB will accept absentee bids if pre-authorized by mail, phone, email, online, or in-person. In-Person absentee bidders must use the absentee bid form and clearly mark the lot number, title and maximum bid amount. If there are two (2) identical bids placed on the same item, priority will be given to the first bid received. All bids must be left in increments as published for that particular auction. If a bid is ?out of increment,? the auctioneer will automatically round the bid down to the next correct increment. Seller(s) agree to allow the Auctioneer to accept and execute absentee bids in a competitive manner for potential buyers and under the KRB absentee bidding terms and conditions. If there is a live sale, the auctioneer will execute absentee bids competitively (starting with the lowest possible bid point) up to the maximum amount indicated. ONLINE BIDDING: Online bidding through ESTATESALES.ORG OR, Live Auctioneers, Invaluable, Hibid, Proxibid, or other bidding platforms may be available. These terms and conditions apply, as well as additional terms and conditions for each third-party platform. These Terms & Conditions will take deference over any posted online terms and agreements. A surcharge may be added for third party online platforms. Refer to the bidding platform of choice for the final buyer?s premium. If there is a tie bid between the internet bidding venues and the floor, the floor bid takes precedence. Due to our fast paced auctions and bids coming from floor bidders, phone bidders, Internet bidders and absentee bids, the auctioneer has the final word on all item(s) sold. The bidder assumes the risk of winning an item online and discovering the item has sold to another bidder. This is due to the final call of the auctioneer and the operator not being able to re-open that lot. Registered Online bidders are fully responsible for accidental bidding as if they bid normally. BID RESULTS: KRB will only contact successful bidders. Invoices are sent within 24 hours of auction end. The invoice will include the lot info, hammer price, premium, shipping, insurance, and any other charges that apply. Please hold phone inquiries regarding bid success until after receiving the invoice. For verifications, KRB cannot provide winning bid information until the second business day after the auction. KRB will not provide bidder information to any outside sources. TELEPHONE BIDDING: Requests for phone lines must be received at least three (3) days prior to the auction date. KRB cannot guarantee phone lines but will make every attempt to accommodate those who wish to participate live via phones. Phone lines are provided to qualified bidders at KRB’S preference. Please contact us directly to arrange phone bidding.978-667-4149. Minimum bid requirements may apply. BIDDERS PRESENT AND TAKING ITEMS DURING AND AFTER AUCTION: Since item liability transfers upon a successful bid, items paid for must be packed, transported and/or removed by the buyer at his/ her own risk after the close of the sale. KRB recommends that buyers arrange insurance for all items immediately upon becoming the highest bidder. If any employee or agent of KRB shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the buyer. KRB shall not be held liable for any loss or damage that may be caused by the said agent or employee. RESERVES: The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is at or below the low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. The auctioneer will note on description of lot ( >>>) this means there is a reserve or min. Bid needed before the lot is awarded. Consignors can agree to sell their items for less than reserve or min. At the close of the auction, if that occurs we will notify the successful bidder. PAYMENT TERMS: KRB accepts Visa, MasterCard, Discover, American Express, personal checks, certified checks, wire transfers, money orders, and cash. Any invoice totaling more than $50,000 must be paid within three (3) business days of the auction date. All other merchandise must be paid in full within seven (3) days of the date of the invoice.Upon payment in full, it is the bidder?s responsibility to submit any additional information necessary, including an FFL, to initiate transfer and shipping. Invoices over $5,000 may be subject to mandatory check or wire payment. All transaction fees associated with payment method are non-refundable. All goods not retrieved by buyer within 30 days after the invoice date, shall be subject to a storage fee of $50 per item per month. Buyer authorizes KRB to sell, at their standard commission and consignment contract terms, any goods not retrieved after a 90 day period in any manner deemed appropriate by KRB and the proceeds will be applied to any outstanding balance due from the buyer. CREDIT CARDS: Link for online credit card payment will be listed in the buyers invoice. Credit Card payments are subject to maximum buyers premium which is 10% plus credit card fee of 4% a total of 15% max. fee and can be discounted by 3% if payment is received by cash, check, money order or wire transfer. Credit Card payments are only accepted from the buyers name listed on the invoice. KRB reserves the right to refuse to ship to a different address than the billing address on the credit card being used. KRB does not allow credit card chargebacks for any reason and any delivered firearms subject to a chargeback will be considered as a stolen gun and reported immediately to Law Enforcement. Credit cards information is not stored and payment for invoices is the buyers responsibility. We do not use third party billing services and the buyers credit card will not be automatically charged. CHECK: There will be a $40.00 service charge for returned checks. Make checks payable to: KENNETH BROOKS. Checks can be mailed to: KR.BROOKS AUCTIONS 4 KATE LANE WEBSTER, MA.01570 OR 33 PULLMAN STREET WORCESTER,MA. 01606. KRB reserves the right to hold items paid for by personal or company check until said check clears (14 days). KRB has the right to hold all checks over $2,000. Customers who have an established successful buying history with KRB may be exempt from this requirement. First time buyers paying by check may be subject to additional requirements such as bank letter of credit. WIRE TRANSFERS: Wire transfers are accepted for invoices totalling more than $5,000 USD. Invoices below $5,000 may be subject to a $30 transaction fee. NON-PAYMENT: In the few situations where a successful bidder does not remit payment when due, KRB will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation. SALES TAX: MA.TAX is required to collect sales tax where applicable. It is the bidder?s responsibility to know the sales and use tax law in their locality and know what sales and use tax will be due upon their purchase. Lots are subject to all applicable state and local taxes, unless appropriate resale permits are on file with KRB prior to invoicing. Bidder agrees to pay KRB the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file and verified by KRB five days prior to Auction, or tax must be paid; only if such form or certificate is received by KRB within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be aggregated for sales tax purposes.. SAFETY: Since all firearms sold are ?collectible? items, KRB does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting. DENIAL OF SALE: KRB reserves the right to deny the sale of a firearm to any buyer, for any reason, at any time in the sales process. WITHDRAWAL OF PROPERTY: KRB reserves the right to withdraw any property from the auction at any time and shall have no liability whatsoever for such withdrawal. DEFINITIONS: CURIO & RELIC (C&R): Per BATF: To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories: Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms; Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its “ original configurationâ€, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF?s C&R list. ANTIQUE FIREARMS: Per BATF: The term ?antique firearm? means? any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or any replica of any firearm described in subparagraph (A) if such replica? is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ?antique firearm? shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.? FFL: Federal Firearms Licensee with a current and valid license to be a firearms Dealer / Manufacturer / Importer CURIO & RELIC HOLDER: FFL type 03 or C&R license or Collector NFA (National Firearms Act of 1934) Weapons (commonly called ?Class 3?): A shotgun having a barrel or barrels of less than 18 inches in length; A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; A rifle having a barrel or barrels of less than 16 inches in length; A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; Any other weapon, as defined in subsection (e); A machine gun; Any silencer (as defined in section 921 of title 18, United States Code); and A destructive device. DESTRUCTIVE DEVICES: A missile having an explosive or incendiary charge of more than 1/4 oz. Any type of weapon by whatever name known which will, or which may readily be converted to expel a projectile, by the action of an explosive or other propellant, the barrel or barrels of which have a bore greater than one-half inch in diameter. A combination of parts designed and intended for use in converting a device into a destructive device and from which a destructive device can be readily assembled. MODERN FIREARMS: Any firearm that does not already classify as a C&R, NFA Weapon or Antique and is under the purview of the Gun Control Act of 1968.
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