BUYERS’ TERMS AND CONDITIONS OF SALE

 

All Artingstall and Hind (the Auction House) pre-auction views and sales are free and open to the public without any obligation to bid or purchase. It is a requirement to register for a paddle number prior to bidding and purchasing. ALL LOT ITEMS IN THE AUCTION HAVE A BUYER’S PREMIUM OF 20% (23%, for online buyers) OF THE FINAL BID PRICE. ALL LOTS ARE SOLD AS IS, including all faults, AND ALL SALES ARE FINAL. The purchasers are strongly advised to personally view and conduct an examination prior to placing a bid. The highest bidder acknowledged by the Auction House shall become the owner of the item immediately at the close of the bid and become liable to settle in full the final bid price, premium, sales tax, and other applicable related expenses. By participating in any sale, the Buyer acknowledges to be bounded by the terms and conditions of sale set herein. At the sole discretion of the Auction House, these terms and conditions may be amended from time to time. Advice of any changes in this Agreement, or with reference to a specific auction will be made through catalogues, correspondence, salesroom notices, or oral announcements.

WE EXPRESSLY PROHIBIT BIDS AND PURCHASES WITH A NATURE OR INTENTION INCONSISTENT WITH THE STATE AND FEDERAL LAWS, SUCH AS BUT NOT LIMITED TO,SUPPORT OF TERRORISM, CONSPIRACY, MONEY LAUNDERING, COUNTERFEITING AND FORGERY, ALL FORMS OF FRAUD, TAX EVASION, AND OTHER RELATED ACTIVITIES OR TRANSACTIONS.

1. Except otherwise stated, the Auction House acts as agent for the consignor/seller, therefore the contract is made between the seller of the lots and the buyer subject to the general terms and conditions set herein.

2. CONDITION AND PROVENANCE OF ITEMS. All items or lots are sold as is, where is. Prospective bidders should inspect the lot prior to bidding to determine its condition, size and other considerations. Descriptions of items appearing in advertising are believed to be correct and true, and condition reports for each lot are available upon request. The Auction House will assert best effort to provide additional information and images to prospective buyers if requested, necessary, and available. In any case as a condition report is subjective, the Auction House neither guarantee nor imply that no other defects may be present that have not been stated; more so, an absence of condition report does not imply that there are no defects or restorations on a lot. Descriptions or any oral statements made by the Auction House or its representatives concerning any item shall not be construed as a warranty, either expressed or implied. The Auction House is not responsible for error. Our printed materials (i.e. Partial Catalogs, Catalogs, or Advertisements) are meant merely as a guide, not a guarantee.

3. LOT AND WITHDRAWAL. The Auction House shall conduct the auction per lot as numbered in the catalogue. It reserves the right to withdraw any lot prior to sale and shall have no liability whatsoever for such withdrawal.

4. ESTIMATES. Each lot is given a low and high sale estimate, based on market conditions and previous auction history, as an indication of the range in which the lot might sell at auction. It should not be relied on as a representation or prediction of actual selling prices.

5. REGISTRATION. All purchasers are required to complete the registration form (and re-seller’s permit, if applicable), provide ALL details requested, and present a valid identification card to obtain a paddle. If a representative is bidding on a company’s or someone’s behalf, an authorization letter with contact information of the actual bidder may be required. A prospective buyer may opt to bid live on the floor, leave an absentee or telephone bid, or bid through internet. Absentee bids must state the highest bid the bidder is willing to pay. In events of identical bids, the earliest bid received will take precedence. It shall be executed in competition with other bidders. Telephone bids must be submitted one day prior to auction date, and may be limited to the capacity of our staff pool. As telephone and online bids are options of convenience to the buyers, the Auction House maintains that it will not be held responsible for live internet bids that are not sent, received, or executed by the administrator. We reserve the right to charge your credit card as a security deposit of up to 35% of the high estimate of the lots bid on, or $1,000, whichever is higher, and to refuse bids in the best interest of the Auction House.

6. BID INCREMENTS. The Auction House uses regular increment multiples as bidding progresses, but may change at the Auction House’s sole discretion.

7. BIDDING. The highest bidder shall be deemed to have purchased the offered lot upon the fall of the auctioneer’s hammer, and thereupon shall immediately pay the purchase price in full plus premium, taxes, and related expenses.. The Auction House at its sole and absolute discretion, reserves the right to reject any opening bid or advance on the sale of a lot, if the bids are unacceptable, insufficient, or below the reserve price. Any dispute shall be decided by the Auction House at its sole and absolute discretion, up to the extent permissible by law.

International bidders are expected to satisfy all customs and import-export regulations. The Auction House may assist at its best effort but shall not be liable for any international laws affecting the delivery of lots. In participating in any of the Auction House’s sale, the buyer warrants that any bids placed by him/herself or through a representative, are not a result of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law. YOUR BID EXPRESSLY SIGNIFIES THAT YOU AGREE AND ARE AMENABLE TO OUR TERMS AND CONDITIONS, AND CHARGES WILL BE AUTOMATICALLY MADE TO YOUR CREDIT CARD ACCOUNT IF PAYMENT IS NOT RECEIVED WITHIN THREE (3) CALENDAR DAYS AFTER THE AUCTION.

8. BUYER’S PREMIUM AND SALES TAX. A Buyer’s premium of 20% (23% for online buyers) shall be added to the winning bid price of each lot purchased, plus applicable sales tax are computed based on this figure; the total of which shall be the final purchase price. A valid and current re-sale certificate number must be provided to determine the legal tax status of the buyer.

9. PAYMENTS. All buyers are required to fully pay and clear all balances within three (3) calendar days following the auction date. Payments may be made in cash or cash equivalent in US Dollar currency, credit cards, checks, Paypal, and/or wire transfer. Checks must be cleared prior to removal of lots purchased. Acceptance of checks requires prior approval by the Auction House, and will be reviewed from time to time. A US$35 fee will be charged to the buyer for every returned check for any reason, and may be taken from any deposits made or credit card account in the Auction House’s database. Payment through wire should be directed to:

Bank Name                                                   :  Please contact Artingstall & Hind Auctioneers for the updated bank details

If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitations the right to hold the buyer liable for the purchase price, the Auction House may charge the buyer’s credit card, file a complaint, dispute and lawsuit against the buyer, and/or cancel the sale and re-sell/offer the lot while retaining as liquidated damages all payments made by the purchaser, without the obligation to notify the buyer. BIDDERS RISK BEING SUBJECTED TO CREDIT OR LEGAL DISPUTE FOR BREACH OF CONTRACT, and DISPUTABLE ACCOUNTS SHALL BE SUBMITTED TO FBI’S CENTER FOR INTERNET FRAUD, WWW.IC3.GOV.

10. PROPERTY PICK-UP OR SHIPPING. As a courtesy to buyers, the Auction House will assist in the packing of lots whenever possible; however will not be liable for any damages regardless of the cause. Removal shall be at the expense, liability, and risk of the purchaser. The Auction Company shall not be responsible for delivery and reserves the right to hold purchases pending check clearance. Lots purchased must be picked up within five (5) days from auction date for US buyers, and 10 days for international buyers. The Auction House may accommodate to ship lots if requested by the buyer at an additional expense. Insurance is necessary. Packing and shipping of purchased lots is at the entire risk of the buyer. If prevented by fire, theft, or loss, the Auction House shall be liable to the buyer up to the final bid price paid by the Buyer.

It is upon the Buyer’s sole responsibility to settle and comply with all export-import regulations, licenses, permits, duties, and fees relating to the sale and/or delivery of purchased goods. The delay or failure in exporting or delivery of a lot to the Buyer due to failure to secure necessary permits or licenses shall not be recognized as a reason to delay remittance of payments and applicable charges, or cancel a sale. Further, the auction house will not be liable for any unfortunate event of loss or breakage on released parcels; the buyer shall be responsible in making a claim from the insurance company and will not be a reason for payment dispute and refund nor rescission of sale.

11. HANDLING AND STORAGE SERVICES. All sold and unsold lots may be transferred from one location to another from time to time by the Auction House, and the Auction House cannot be liable for any damages on unclaimed properties during this transportation. A storage fee of US$10 per day per lot shall be charged to the buyer after the allowable time provided to pick up. If the purchased and paid lot remains uncollected after six (6) months, or when the storage fee exceeds the amount paid for the lot, the Auction House shall consider the lot as abandoned, and shall form part of the Auction House’s asset.

12. EXTENT OF LIABILITY. The Auction House, its officers, employees, agents, and representatives shall, in good faith, competently and truthfully provide descriptions, provenance, literature, quality, rarity and others attributes to each lot but shall not be responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description of for any faults or defects in any lot.

13. SEVERABILITY. If any part of these Terms and Conditions of Sale is found by any court in California to be invalid, illegal, or unenforceable, that part shall be discounted and the rest shall continue to be valid and enforced to the fullest extent permissible by law.

14. GOVERNMENT LAW AND JURISDICTION. The rights and obligations of the parties pertaining to the Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of jurisdiction in which the auction is held. By bidding at this auction, the buyer shall be deemed to have submitted, for the benefit of the Auction House, to the exclusive jurisdiction of the courts of that country, state, county or province, and of the federal courts sitting in such state.