AUCTION LIABILITY DISCLAIMER &
LIABILITY RELEASE AGREEMENT
"THE FOREGOING AGREEMENT IS APPLICABLE TO ALL SALES"
READ THIS DOCUMENT CAREFULLY
TERMS OF AGREEMENT, TERMS OF AUCTION, AUCTION LIABILITY DISCLAIMER, LIABILITY WAIVERS AND LIABILITY RELEASE AGREEMENT
THE FOREGOING TERMS ARE APPLICABLE TO ALL OF OUR BUSINESS ACTIVITIES, AUCTIONS, AUCTIONS BIDS, BUY IT NOW SALES, RETAIL SALES AND INCLUDES ALL OF OUR BUSINESS VENUES.
This agreement outlines the terms of service for all business activities of DANGELCO Dwight Angel Company, including all of our business operations, including our D/B/A’s of live and online auctions, retail sales and the following websites;
www.angelsarmoryforge.website,
www.angelsgunparts.com,
This agreement includes our live and online auctions, buy it now sales, retail sales, including all venues of operations.
Please take the time to read through these terms carefully to understand your agreements, rights and responsibilities, as well as exclusions, restrictions and waivers before using our services including placing a bid or making a purchase.
This User Agreement, includes the terms of our auction activities and operations and all policies and additional terms posted in and on our sites, including our applications, tools, and services, which set out the terms on which DANGELCO Dwight Angel Company and its D/B/A’s offers you access to and use of our Services. All statements, rules, policies, publications and additional terms posted on and in our websites are incorporated into this User Agreement.
You agree to comply with all of the agreements, terms, specifications, restrictions, waivers and exclusions of this document and User Agreement when accessing or using our Services.
At any time if you no longer agree to these terms, stop using our services and business activities immediately. Continued use of our services indicates you are in agreement to our terms and conditions of operations.
The entity you are contracting with is DANGELCO Dwight Angel Company and its D/B/A’s; including but not limited to Angel’s Armory & Forge, Auction Gun Sales, Florida Gun Parts, US Weapons Auction and all related websites and venues.
When accessing our services, bidding or buying an item or otherwise using our Services, you agree to the Agreements, Disclaimers, Terms of Auction and Waivers in their entirety. You are responsible for reading the full item listing including applicable photographs and measurements, before making a bid or offer to buy, completing a buy it now transaction and or committing to buy an item by any other means.
AGREEMENT TERMS
1. FORMING A LEGALLY BINDING CONTRACT &CONTRACT VENUE: You are responsible for reading the full item listing before making a bid, offer, buying, committing to buy or completing a buy it now option. You enter into a legally binding contract to purchase an item when you buy the item, commit to buy, you have the winning bid for an item, or your bid is otherwise accepted. In event of any claim and or dispute, the venue of court jurisdiction of this contract shall be located exclusively in Gadsden County, Florida, not such to change or transfer.
2. LIABILITY RELEASE, WAIVER & ACCEPTANCE OF RISKS: When buying a firearm and/or gun parts from us, you specifically release us from any liability involved in selling you firearms and/or gun parts in event you fail to have a capable gunsmith adjust, inspect, repair and install gun parts and/or make firearms inspections and repairs as needed, prior to loading or use of any firearm.
3. USE OF COMPETENT GUNSMITH RECOMMENDATION: We recommend all firearms be inspected by a qualified gunsmith prior to loading, firing or using firearms and/or gun parts to ensure the firearm and/or gun parts are in a safe operating condition. Failure to use a competent gunsmith may result in property damage, injury or even death. Always inspect the bore and safeties before loading. Always verify the caliber or gauge of all firearms prior to loading to ensure you are using the correct ammunition.
4. BENEFITS & RISK RELATED TO AUCTIONS: Many of our firearms come from citizens, law enforcement agencies, other dealers and estate auctions. We do not know the circumstances of care, use, storage or history of these firearms. We will not knowingly sell you a firearm or part we believe is dangerous or defective. As mechanical devices guns and gun parts are subject to damage, use, or wear. Take these factors into consideration when bidding. There is a risk that firearms, part guns and gun parts purchased at an auction may require adjustments and/or repair before safe use. Auction buyers should understand these risk and be willing to accept potential risks for the benefits of lower auction bid and sales prices.
5. ALL GUNS, GUN PARTS & PARTS GUNS SOLD AS IS: All part guns, parts, used firearms and new firearms are sold AS-IS. No Refunds, No Returns, No Warranty Whatsoever. For new guns, customers may have an applicable warranty available from the manufacture, but no warranty whatsoever by DANGELCO Dwight Angel Company.
6. LICENSE REQUIREMENTS FOR SHIPPING GUNS: All firearms sold by us require shipping to a federal firearms licensed dealer only. Customers who purchase a firearm, frame or parts gun, must ensure a copy of their ship to FFL dealer license is e mailed to us at angel.dwight@yahoo.com. You must ensure that you can legally purchase and receive a firearm in your residential jurisdiction. When making a bid, purchase or other transaction you confirm that you are legally able to receive a firearm.
7. INABILITY TO OBTAIN A FFL SHIP TO LICENSEE: If a buyer experiences an Inability or fails to obtain a ship to FFL this will result in firearms being held in secure storage for no more than 30 days from date of sale, with a $5.00 per day secure storage fee applicable for each day in storage. After (5) days from the date of sale (a free storage grace period) secure storage charges shall apply. On or after the 31st day in secure storage, without receipt of a ship to FFL dealer license, all rights to ownership and title of merchandise will be forfeited by the purchaser, with no recourse for recovery of funds paid for the item.
8. NO TEST FIRING OF FIREARMS: We do not test fire firearms, we do not have a firing range. Test firing of guns would also increase our selling costs and auction seling prices due to range rental costs, ammunition, supplies and manpower requirements. If we are aware of any damage, defects, or functional issues with the mechanical operation of a firearm, we will state it in our listing.
9. LISTINGS PHOTOGRAPHS: The photo used in a listing may be a stock photograph. If the photo is a stock photo it will be noted in the listing.
10. AUCTION SALES: We are selling items in an auction, with auction rules of "AS IS", at a reduced price for rapidly selling and inventory reduction. Most of the items we sell are antique, used & vintage goods, as well as curios and relics and the sales format is an auction consisting of bidding or buy it now, therefore our sales are sold "AS IS".
11. FIREARMS, PART GUNS AND GUN PARTS CONDITION EVALUATIONS: Buyers should understand that used items may have blemishes, dents, dings, bumps, discoloration, scratches, wear, storage or handling wear, and other signs of use. As the seller of firearms and/or gun parts we do not attempt to specify the condition of used items other than the description of “used” or "new". We use either new or used as the totality of our item condition specifications. We do not evaluate the condition, extent of wear, or make any guarantees or promises regarding antiques, curios, relics or used items, other than specifications of new or used.
12. DETERMINING ITEM SUITABILITY FOR BUYER USAGE: Customer errors or mistakes in determining the suitability of an item for their use and intended application, will not result in credits, cancellations, refunds or cancellations. We do not make any attempt to define the application suitability of parts that may also be used on other models or model variations of the same brand or model of firearms, or make any determination of one part fitting other models, or variations of the same gun make, model or variation of a firearm, due to manufacturer changes and versions.
13. NO SALES CANCELLATIONS OR REFUNDS: The seller does not accept returns, or make refunds or cancellations for items we sell. If you are not in agreement to this provision, do not bid or buy a firearm or gun part.
14. AS A CONDITION OF AUCTION PARTICIPATION BUYER VOLUNTARILY WAIVES ALL RIGHTS TO REJECT SALES OR REVERSE BIDS: The bidder or buyer must voluntarily waives all right to a cancellation, exchange, refund as a condition of auction participation. If you do not agree - do not participate, bid or buy an item at auction.
15. LABELING IDENTIFICATION: Due to the wide variety of guns and gun parts we sell, the label identification in a listing is believed to be accurate, but is not an absolute guarantee. Sometimes guns and gun parts may have no maker or identification markings, especially in antique firearms making postive identification almost impossible with out having the firearm and the gun part on hand for comparison, fitting checks and measurements.
16. POST OFFICE SHIPPING: We ship items using the US Postal Service only. All of our items are shipped with tracking numbers. We do not ship to any other person, or other address, which is different from the address and buyer name on file with Gunbroker, E Bay or other venues. We do not offer any form of compensation for failure of the buyer to maintain their shipping address on file. Any losses in such episodes are at risk to the buyer.
17. INCORRECT ADDRESSES: In event an incorrect address is on file with a venue that results in an item being returned to us (Seller), we will not re-ship the item until the Buyer confirms there accurate shipping address has been corrected at the venue, and the Buyer submits payment for the corrected address shipping charges and a new shipping label has been submitted by the Buyer. Customer losses related to a incorrect shipping addresses will not result in a cancellation, credit, exchange or refund on our part.
18. USPS SHIPPING: The buyer agrees that the seller uses USPS only for shipping. USPS ground shipping of items are covered up to $100.00 against loss.
19. SHIPPING EXCLUSIONS: We do not ship to California, Alaska, Hawaii, Puerto, APO's or other military facilities.
20. INCREASED SHIPPING COSTS: If you live in Arizona, Nevada, North Carolina, South Carolina, North Dakota, South Dakota, a $20.00 increased shipping surcharge will apply to all shipments to these shipping locations.
21. ADDITIONAL ITEM INSURANCE COVERAGE: If a buyer wants additional insurance that must be communicated to us, immediately after the item auction or retail sales. Additional insurance cost can be paid by personal or business check. Any loss related to the Buyer not obtaining insurance sufficient to cover the entire item purchase amount in events of loss, theft or damage, will not result in a cancellation, credit, exchange or refund on our part.
22. PAYMENT BY CHECKS: When personal or business checks are used in payment of guns and/or parts, checks must clear our bank before items will be shipped. Returned or insufficient funds checks will result in a $50.00 returned check fee in addition to the face value of the check. We will run checks through our bank once due to the potential of re-occurring charges.
23. PAYMENT ACCEPTED BY CASHIER'S CHECK AND MONEY ORDERS: Cashier Checks must be issued by an official Bank and Money Orders are accepted if issued by the US Postal Service.
24. CREDIT CARD NOT ACCEPTED: We do not accept credit cards.
25. CREDIT CARD USE ON GUNBROKER: We do not have credit card use check out options on Gunbroker.
26. SELLER BID CANCELLATION: Sometimes there may be unusual circumstances or instances where an auction bid or buy it now purchase must be canceled. The seller reserves the right to cancel any bid or purchase in such cases;
(1) The item is no longer available,
(2) The item was damaged or the item condition changed, prior to shipment, such as being broken or damaged during storage, handling or shipment preparations,
(3) The Item was stolen or confiscated prior to shipment.
(4) The item was discovered to be out of inventory.
In event a cancellation becomes necessary the bidder/buyer agree that seller shall not suffer any penalty for canceling a bid or buy it now purchase.
27. TYPE OF TRANSACTIONS: New and used firearms and gun parts are offered for sale by competitive bidding and for immediate sale using a Buy It Now Option, this is called an auction. In an auction, firearms and gun parts are often offered for sale at a much lower price than normally sold for at retail, when there are a lot of items are for sale, or when the seller desires to move merchandise rapidly. In such cases auctions are of economic benefit to the buyer.
28. APPLICABLE TO NEW GUNS, USED GUNS & GUN PARTS: We recommend that all items be inspected by a qualified gunsmith before use, installation, loading or firing, since new and used guns, can have issues we do not know about as can gun parts. We do not know the history of guns or parts we obtain from other individuals, gun shops or dealers. If the auctioneer is aware of a problem he will state it in the auction listing. When rapidly listing firearms and gun parts for auction a defect might not be noticed, so please have guns inspected. No Refunds, No Returns, No Warranty Whatsoever.
29. WAR TIME GUNS – HISTORICAL RELICS: Buyers agree that all war time guns are sold as historical (non-firing) relics, for parts use and as wall hangers. We cannot make any guarantee regarding war time guns. Buyer's agree not to load any war time gun until the gun has been thoroughly inspected and determined safe by a competent gunsmith.
30. SAFETY WARNING & NOTICE APPLICABLE TO FIREARMS; We recommend all firearms, firearms parts guns and individual gun parts be inspected by a competent gunsmith before application, installation or using a firearm, firearm parts gun, or repairing a gun with used parts. Firearms, parts guns and parts are sold either with all parts present or with parts missing. If the seller is aware parts are missing, it will be stated in the auction listing. Used firearms, part guns and parts are sold and are they should not considered safe to load or fire, until properly inspected, evaluated and/or repaired by a qualified gunsmith. Property damage, serious injury or death may occur from failure to use a gunsmith for inspections, evaluations and repairs.
31. CONTRACT, DISCLAIMER AND RELEASE AGREEMENT: Individuals and or buyers of new and used merchandise, do hereby release and forever discharge DANGELCO Dwight Angel Company, and Angels Armory & Forge. Com, and Auction Gun Sales. Com, and Florida Gun Parts, and US Weapons Auction. Com including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the liability.
32. UNDERSTANDING AND AGREEMENT: It is understood and agreed that this Release is made and received with a full and complete understanding and it is agreed that the causes of action, claims and demands mentioned herein contains the entire agreement between the bidder or buyer and the seller and that the terms of this release are a formal contract and not merely a recital.
33. AGREEMENT BINDING UPON BIDDER, BUYER AND ALL HEIRS; This Release shall be binding upon the buyer, customer, purchaser and his/her respective heirs, executors, administrators, personal representatives, successors, and assigns.
34. AGREEMENT TO TERMS: If you are not in full agreement to these terms of sale, disclaimer, release agreements and waivers in totality, do not make a purchase, do not use our services, do not bid or at our auctions or retail services.