IMPORTANT NOTICE FOR BUYERS (please also see Important Notice for Buyers at www.gavingardiner.com)
Sporting Guns, Rifles and Ammunition will not be released without the appropriate Firearm of Shotgun certificate. Overseas certificates are not valid in the UK.
Firearms will be released by appointment only. The buyer of any Section 1 firearm must hold the appropriate Firearm Certificate with the appropriate variation in order to purchase and acquire the firearm.
FIREARMS ACT 1968:
Lots marked with a • (single dot) will not be delivered to purchasers without production of a valid United Kingdom Firearms Certificate or RFD permit.
Lots marked with a * (star) will not be delivered to purchasers without production of a valid United Kingdom Shotgun Certificate or RFD Permit.
All private buyers resident in the UK must send their original Firearms or Shotgun Certificate to Gavin Gardiner Limited prior to making payment. Once the certificate has been checked and endorsed, it will be returned to the certificate holder and upon receipt, full payment can then be made.
Certificate holders NOT in possession of the relevant variation or valid authority are required to pay a deposit of 95% of the total purchase price, with the remaining 5% payable once the valid authority has been acquired, checked and endorsed by Gavin Gardiner Limited.
Trade buyers must supply a copy of their Registration as a Firearms Dealer.
ANTIQUE & OBSOLETE CALIBRES:
Antique and obsolete calibre weapons are sold under Section 58(2) of the 1968 Firearms Act expressly as 'Antiques and Curios' only. They must not be fired and ammunition must not be possessed. Please note that by bidding on these items you declare that you are not a prohibited person as defined by Section 21 of the 1968 Firearms Act.
FIREARMS (AMENDMENT) ACT 1997:
Lots marked with a •• (double dot) will not be delivered without the Authority of the Secretary of State under Section 5 to purchase or acquire prohibited weapons to which Section 5(1)(aba) of the Act applies. Only holders of Section 5 Authority may bid on Section 5 items. Items eligible under Section 7.1 and 7.3 may only be bid for and purchased by holders of an appropriately varied Firearm Certificate.
Overseas buyers please be aware that prohibited weapons, walking stick shotguns and other similar items are not available for export, except under special circumstances. Please speak to the specialist BEFORE bidding.
AIR WEAPONS:
Please note that all air weapons manufactured post 1939 are subject to Section 32 of the 2006 Violent Crime Reduction Act. All transfers must take place face-to-face in person. These items can only be shipped to a Registered Firearms Dealer if you unable to collect in person.
PROOF OF FIREARMS:
The term 'Proof Exemption Certificate' indicates that a firearm has been examined at a Proof House, but not proved as either (a) it was deemed of interest but not intended for use, or (b) ammunition was not available. In either case the firearm must be regarded as unsafe to fire unless subsequently proved. Firearms proved for black powder should not be used with modern smokeless ammunition.
The term 'Certificate of Unprovability' indicates that a firearm has been examined at a Proof House and is deemed both unsuitable for proof and use. Re-proof is required before any such firearm is to be used.
GUNS SOLD AS PARTS:
Barrels of guns sold as parts will only be made available for sleeving and measurement once rendered unserviceable according to the Gun Barrel Proof Act of 1868 to 1978 and the Rules of Proof.
CONDITION OF FIREARMS:
Comment in this catalogue is restricted in general to exceptional condition and to those defects that might affect the immediate safety of a firearm in normal use. An intending buyer unable to make technical examinations and assessments is recommended to seek advice from a gunmaker or from the specialist in charge. All prospective buyers are advised to consult the list of bore and wall thickness measurements posted in the saleroom/on-line. Potential buyers should note that guns are stripped only where there is a strong indication of a mechanical malfunction. Stripping is not otherwise undertaken. Guns intended for use should be stripped and cleaned beforehand. Hammer guns should have their rebound mechanisms checked before use. The safety mechanisms of all guns must be tested before use.
TAXIDERMY & RELATED ITEMS:
As a seller of these articles, Gavin Gardiner Ltd undertakes to comply fully with CITES regulations and DEFRA. Buyers are advised to inform themselves of all such regulations and should expect exportation of items to take some time to arrange.
SPECIAL NOTICE TO OVERSEAS BUYERS:
Firearms under 100 years of age, in addition to any other export licence requirements, need a DTI Strategic Licence in order to leave the UK. Gavin Gardiner Ltd will, upon request, arrange through their nominated shipper and the appropriate government agencies for the relevant export licence application.
Shipping instructions should include the nature of the consignee's business and the ultimate intended use for each firearm. In most cases and import licence or general undertaking will be required before an export licence is granted. Gavin Gardiner Ltd recommend that any queries concerning the shipment and export of firearms be addressed to our firearms shipping agent, PDQ Freight Ltd.
PDQ Freight Ltd, Unit 4, Courtyard 1, Challenge Road, Ashford, Middlesex, TW15 1AX
Tel: +44 (01798) 243695
e-mail:
[email protected]
To enable PDQ Freight Ltd to apply for an export licence after the sale, they will require:
1. Import consent from the country of destination
2. Intended use and purchaser's business
3. Non EEC buyers will be required to supply an End User General Undertaking
COLLECTION OF PURCHASES:
Lots can be collected from Gavin Gardiner Ltd's administration office in West Sussex by prior arrangement. In all instances, a prior appointment will need to be made. Buyers are urged to arrange collection of purchases within 10 working days of the auction and are reminded that risk of loss pass to the buyer after this date.
We can arrange for lots to be packed and dispatched by courier for delivery to nominated Registered Firearms Dealers within the United Kingdom. This will be arranged at the buyer's risk and Gavin Gardiner Ltd reserves the right to charge for its time and packing materials. Buyers are reminded that they are responsible for arranging their own insurance cover while the goods are in transit.
STORAGE CHARGES:
Buyers are urged to arrange collection within 10 working days of the auction, after which period risk of loss passes to the buyer. Instructions fro shipping and delivery to a shipper or Registered Firearms Dealer must be received by this time.
All lots that remain uncollected after 28 days will be subject to storage charges of £1.00 per day (plus VAT), unless instructions have been received or alternative arrangements have been made.
Conditions of Business for Buyers
1. INTRODUCTION
(a) The contractual relationship of Gavin Gardiner Limited and Sellers with prospective Buyers is governed by:-
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers
displayed in the saleroom and available from Gavin Gardiner Limited;
(iii) Gavin Gardiner Limited's Authenticity Guarantee;
(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any saleroom notice or auctioneer's announcement.
(b) As auctioneer, Gavin Gardiner Limited acts as agent for the Seller. Occasionally, Gavin Gardiner Limited may own or have a financial interest in a lot.
2. DEFINITIONS
"Bidder" is any person making, attempting or considering making a bid, including Buyers;
"Buyer" is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer's principal when bidding as agent;
"Seller" is the person offering a lot for sale, including their agent, or executors;
"GG" means Gavin Gardiner Limited, Hardham Mill Business Park, Mill Lane, Hardham, Pulborough, West Sussex, RH20 1LA, company number 5703551.
"Buyer's Expenses" are any costs or expenses due to Gavin Gardiner Limited from the Buyer;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Guide for Prospective Buyers;
"Hammer Price" is the highest bid for the Property accepted by the auctioneer at the auction or the post auction sale price;
"Purchase Price" is the Hammer Price plus applicable Buyer's Premium and Buyer's Expenses;
"Reserve Price" (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.
The Buyer's Premium, Buyer's Expenses and Hammer Price are subject to VAT, where applicable.
3. EXAMINATION OF LOTS
(a) GGs knowledge of lots is partly dependent on information provided by the Seller and GG is unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions.
(b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of GG's opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at GG's absolute discretion.
4. EXCLUSIONS AND LIMITATIONS OF LIABILITY TO BUYERS
(a) GG shall refund the Purchase Price to
the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of GG's Authenticity Guarantee.
(b) Subject to Condition 4(a), neither GG nor the Seller:-
(i) is liable for any errors or omissions in any oral or written information provided to Bidders by GG, whether negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;
(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by GG in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(c) Without prejudice to Condition 4(b), any claim against GG and/ or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither GG nor the Seller shall be liable for any indirect or consequential losses.
(d) Nothing in Condition 4 shall exclude or limit the liability of GG or the Seller for death or personal injury caused by the negligent acts or omissions of GG or the Seller.
5. BIDDING AT AUCTION
(a) GG has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as GG requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case GG's prior and express consent must be obtained).
(b) GG advises Bidders to attend the auction, but GG will endeavour to execute absentee written bids provided that they are, in GG's opinion, received in sufficient time and in legible form.
(c) When available, written and telephone bidding is offered as a free service at the Bidder's risk and subject to GG's other commitments; GG is therefore not liable for failure to execute such bids. Telephone bidding may be recorded.
6. IMPORT, EXPORT AND COPYRIGHT RESTRICTIONS
GG and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer's sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licenses required by law under the 1968 Firearms Act and Convention on the International Trade in Endangered Species (CITES).
7. CONDUCT OF THE AUCTION
(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary. (b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller's behalf up to the Reserve Price for the lot, where applicable.
(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer.
(d) Any post-auction sale of lots shall incorporate these Conditions of Business.
8. PAYMENT AND COLLECTION
(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date").
(b) Title in a lot will not pass to the Buyer until GG has received the Purchase Price in cleared funds. GG will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer's obligation to pay the Purchase Price, as above.
(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer's obligation to pay for the lot, as per Condition 8(a).
(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer's risk from the earlier of (i) collection or release to a nominated carrier (ii) 10 working days after the auction. Until risk passes, GG will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. GG's assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.
(e) All packing and handling of lots is at the Buyer's risk. GG will not be liable for any acts or omissions of third party packers or shippers.
9. REMEDIES FOR NON-PAYMENT
Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, GG may in its sole discretion exercise 1 or more of the following remedies:-
(a) store the lot at its premises or elsewhere at the Buyer's sole risk and expense;
(b) cancel the sale of the lot;
(c) set off any amounts owed to the Buyer by GG against any amounts owed to GG by the Buyer for the lot;
(d) reject future bids from the Buyer;
(e) charge interest at 4% per annum above NatWest Bank Base Rate from the
Payment Date to the date that the Purchase Price is received in cleared funds;
(f) re-sell the lot by auction or privately, with estimates and reserves at GG's discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;
(g) Exercise a lien over any Buyer's Property in GG's possession, applying the sale proceeds to any amounts owed by the Buyer to GG. GG shall give the Buyer 14 days written notice before exercising such lien;
(h) commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;
(i) disclose the Buyer's details to the Seller to enable the Seller to commence legal proceedings
10. FAILURE TO COLLECT PURCHASES
(a) If the Buyer pays the Purchase Price but does not collect the lot within 20 working days of the auction, the lot will be stored at the Buyer's expense and risk at GG's premises or in independent storage
(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, GG will re-sell the lot by auction or privately, with estimates and reserves at GG's discretion. The sale proceeds, less all GG's costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.
11. DATA PROTECTION
(a) GG will use information supplied by Bidders or otherwise obtained lawfully by GG for the provision of auction related services, client administration, marketing and as otherwise required by law.
(b) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11(a) and to Sellers as per Condition 9(i).
12. MISCELLANEOUS
(a) All images of lots, catalogue descriptions and all other materials produced by GG are the copyright of GG.
(b) These Conditions of Business are not assignable by any Buyer without GG's prior written consent, but are binding on Bidders' successors, assigns and representatives.
(c) The materials listed in Condition 1(a) set out the entire agreement between the parties.
(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.
(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of GG
