Special Terms
ONLINE AND ON-SITE FIREARMS AUCTION TERMS:
Licenses & Requirements: Joe R. Pyle Auction Company “Auction Company” is a federally licensed firearms dealer (FFL) with licensed premise locations in Fairmont, WV and Saint Albans, WV. Auction Company will follow and adhere to all federal and state, and local laws and ordinances in the transaction of firearms transfers including but not limited to the following.
The Gun Control Act of 1968, as amended, (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18 U.S.C. § 922(g) and (n) in http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf.
If you are not able to legally possess a firearm, please do not bid. Failing a NICS background check or the inability to take possession of a firearm WILL NOT negate your responsibilities. As the winning bidder you are contractually bound to pay the Auction Company for all items regardless of your ability to take possession. On a case by case, the Auction Company will work to assist with the resale of the items, but the amount of such resale cannot be guaranteed.
FFL Transfer Terms and Conditions:
• You will be required to pass a NICS background check, which is required by law to be performed for every transfer.
• You must be 18 years or older to purchase a long gun. Long guns can be transferred to a resident of any state provided that the transfer is legal in both the purchaser’s state and the state in which the transfer is taking place.
• You must be 21 years or older to purchase a handgun or lower receiver and a legal resident in the state of WV.
NOTE: If you are a resident of a state other than WEST VIRGINIA and transferring a long gun, you may complete your firearm transfer with us as long as the transfer is legal in both your home state and WV. If you are a resident of a state other than WEST VIRGINIA and you are purchasing a handgun or receiver, then you will need to arrange to ship your firearm to a FFL Dealer in your state.
• The firearm MUST BE picked up by the person that made the purchase. You cannot have a family member or friend pick it up for you.
• In accordance with the Child Safety Lock Act of 2005, all handguns must include a “secure gun storage or safety device” before leaving the FFL location. If your firearm was not shipped with a lock, please bring a lockable case or gun lock (trigger lock or cable lock) with you, or plan to purchase a lock from us for $10.00
• Bring a valid Government-issued Photo ID with your current address. If your ID does not have your current address on it, you will need to bring in an additional valid government (city, county, state or federal) issued document with your name and current address on it. Acceptable documents include a vehicle registration, a fishing or hunting license, a voter identification card, a tax bill or utilities bill.
• Buyers must present a valid government issued photo ID that matches exactly the invoice information provided when the bidders registered; all new and existing on-site bidders must present a valid government issued photo ID to our cashier to be issued a bidder’s number and that registered bidder must be the person to make the physical act of bidding on items and to complete the over the counter firearms transaction.
Auction Company can transfer firearms to private citizens after completion of (ATF) Form 4473 and receipt of a response of PROCEED from the FBI NICS system (holders of a valid WV Concealed Handgun License that was issued on or after June 4, 2014, may present that in lieu of undergoing a NICS background check at the subject to the Auction Company’s discretion).
Auction Company may complete over the counter firearms transactions for rifles and shotguns (long guns) to residents of most states with valid ID, handguns can be transferred over the counter to residents of WV only; handguns purchased by residents of other states must be transferred to a dealer (FFL) in the buyer’s state of residence for transfer.
Auction Company can only conduct firearms transfers at their licensed premise location.
• Auction Company has the right to refuse to transfer to any buyer.
• Auction Company may accept, at its sole discretion, Collector of Curios & Relics FFL (C&R FFL) upon verifiable confirmation of the firearm’s eligibility for the face to face or shipping transfer of a long gun or handgun.
• Auction Company may accept, at its sole discretion, another dealer’s Federal Firearms License (FFL) for face to face transfer if the in-person presenter of the FFL is named on the license and upon verification of the status of the FFL and with positive government issued ID; for FFLs held in the name of a Corporation, Business, Partnership or other business entity, the presenter may act as an agent to receive firearms for face to face transfer but must also accompany their FFL with an original ink-signed Letter of Authorization signed by the officer of the business entity; Auction Company will not accept FFLs held in the name of a sole proprietor and presented by a non-named third party even with the support of a Letter of Authorization.
• Some states and localities have restrictions on magazines, ammunition, and firearms that may be transferred (shipped or sold) into that location; it is the Bidder’s Responsibility to know these restrictions BEFORE they bid. Auction Company will comply with all state and local restrictions the inability to take possession of an item will not void the binding contract entered into by an individual deemed to be the winning bidder .
Other restrictions and special terms may apply and will be incorporated as binding terms and conditions governing this auction when given verbally at the opening of the auction.
Bidding Errors: All bids are binding and final once an item has sold. Once bidding for a lot has closed, bids cannot be deleted or removed. Please review your bids on the review page prior to submitting the bids. Outbid notifications are sent as a courtesy only and the auctioneer, seller, licensees, agents or employees are not responsible for errors, omissions and/or timing of outbid notices. Auctioneer reserves the right to refuse off increment bids.
Additional Terms and Conditions:
Terms: 15% Buyer's Premium on all purchases. Cash accepted. Checks accepted with positive ID and Auction Company approval. All major credit cards accepted. Buyer’s Premium reduced to 10% for on-site bidders paying with cash or check.
As-Is, Where Is: The bidder understands and agrees that all items and lots are sold on an As-Is, Where-Is and With All Faults basis without exception. The items are offered, purchased, and accepted by the buyer AS IS and WITH ALL FAULTS. There is no warranty of any type expressed or implied as to the fitness or merchantability for any particular purpose of any goods offered in this auction. Buyers understand that all lots and items are being offered as used and therefore have some level of wear and/or damage and are by the very nature of being "used and/or pre-owned and/or aged" are at some level of defective. The Auction Company and its employees, auctioneer, and seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Additionally, securing and or accepting possession of items is at the buyer's sole obligation, risk and expense.
Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. No bids can be withdrawn during or after the auction for any reason. No sale shall be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the auctioneers, licensees, employees and agents in respect to any such faults or errors Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore buyers do remise, release, acquit, quit claim and forever discharge the Auction Company, sellers, auctioneers, licensees, employees and agents from any and all claims now and in the future. The buyers hold the obligation and duty to inspect all items and lots during the inspection period prior to any bidding. Buyers are urged to physically inspect the items or lots during the inspection period.
Buyer acknowledges that he/she relied entirely on his/her own information, judgment and inspection or investigation of the items. Buyer understands that any description given in the catalog or written on the lot is not a guarantee,. All information and descriptions contained in advertising of this sale are believed correct, but they are not meant to be comprehensive nor, do they constitute a guarantee an no responsibility is assumed by the Auction Company, auctioneer, seller, employees or agents for any errors or omissions. Every item sold is sold As-Is, Where-Is. Joe R. Pyle Auctions provides descriptive and condition information only as a courtesy to the bidders and is not responsible for errors in description or condition. Buyers have the opportunity to view the items in person and determine condition as well as any other factors relating to the description of the item and have the obligation to do so prior to bidding. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the auctioneer. Buyer also agrees that any oral, written or electronic representation made by the auctioneer, seller, employees or agents shall not modify these terms.
Forfeiture: If you do not wish to pick up or ship your items, you may forfeit them. In this regard, to forfeit your items is defined as relinquishing all ownership and claim to the items in question to the auctioneer with no expectations of reimbursement; however, you are still responsible for the invoice total. No refunds will be made if you decide to forfeit your items. If you wish to forfeit your items, please contact us on or before the removal deadline. Buyer agrees that any and/or all remaining lots left after removal deadline are considered to be forfeited, but buyer is still responsible for invoice total.
Removal of Items: Local pickup is available on the designated date and time only. The Auction Company does not offer delivery services or storage services. If the winning bidder would like to arrange alternative pickup time(s), the Auction Company may arrange at an additional charge to the winning bidder of $25/hr including travel to and from our office location to facilitate an alternate pickup.
Shipping: The Auction Company can provide shipping services for most pieces in this auction. Some items may be too large or heavy to be shipped and have been identified in the catalog. Shipping is done by our staff and items will be shipped from our location at 71 Auction Drive, Jane Lew, WV (unless otherwise noted) within 14 business days after the close of the auction. Shipping fees include the actual postage cost plus an additional $15 per package for packaging and handling. The total amount due for shipping fees must be paid in full before the item is shipped. Your card on file will be automatically charged for the amount due., If that payment fails, you will be contacted to make alternate payment arrangements. We ship via USPS or UPS. A tracking number will be emailed to the registered bidder when the label is printed, the package will usually leave our facility within 1-2 days of the label being printed. To lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a FFL within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. Additional restrictions may apply on non- firearm items that are prohibited for shipment to the bidder’s residence and will be handled on a case by case basis. It is the buyer’s responsibility to know BEFORE BIDDING if the item can be legally shipped to their location. Firearms must be shipped to licensed FFL or C&R FFL (if eligible); the receiving dealer may at their discretion charge a fee for their service of receiving the firearm and completing the face to face transfer. All firearms are shipped with Adult Signature Required. Insurance will not be provided unless requested by the buyer. Auction Company will package with care and deliver to the commercial carrier the package in a timely manner. Packages lost or stolen while in the custody of the commercial carrier are not the responsibility of the Auction Company and in such event the Buyer will be responsible to seek resolution directly with the commercial carrier. All ammunition must be shipped via UPS Ground. Firearms will be shipped via USPS Priority Mail unless a lower cost alternative quote is available from UPS or requested by the buyer.
Inspection of Items: Every item in this auction is available for bidder inspection prior to the auction ending. By bidding, each bidder acknowledges and agrees that they have had a full and fair opportunity to inspect the item or lots and is relying solely on the bidder's personal inspection, whether in person, through proxy, or based on the provided photographs and opinion in determining whether to bid, in determining the amount to bid and/or maximum bid, and in submitting the bid/max bid.
Payment:
The credit card on file with your online account will be charged automatically at the conclusion of the auction. If your card on file is declined or cannot be processed for any reason, you will be contacted within 72 hours to arrange alternate payment. Your invoice must be paid in full before taking possession of the items. Payment at pickup can be accepted (check is preferred, cash in exact change is also acceptable). We can also accept wire transfers for payment.
15% Buyer's Premium on all online Personal Property purchases.
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
(888) 875-1599
5546 Benedum Drive Shinnston West Virginia 26431
www.joerpyleauctions.com
Joe R Pyle WV212
Charlotte Pyle WV2174
Alan Heldreth WV2224
Jordan Kiger WV2246
Robert Phillips WV1244
Andrew Pyle WV1983
Aaron Pyle WV1982
Tim Bennett WV2007
Bob Stewart, Jr WV825
Bob Stewart, III WV1292
Todd Short WV1649
Steven Phillips WV2335
Tia Wolski WV2351
Joe Panico WV2353
Taylor Ramsey WV2352
Ethan Moore WV2354
Blake Shamblin WV2385
Justin Lucas WV1953
Nick Dawkins WV2410A
Scott Murray WV2412A
