TERMS & CONDITIONS
1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions for Terra Incognita Auction (DBA Terra Incognita Inc., known hereafter as "TIInc"). Your bidding on any item indicates your acceptance of the following terms and conditions of sale by TIInc. These terms and conditions are subject to amendment before and/or during the sale. These terms and conditions apply to any item listed on Terra Incognita Auction (Invaluable), the internet, or Terra Incognita web site (TerraIncognitaUSA.com), offered for sale or any item sold by TIInc. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of bidding privileges through the Internet constitutes acceptance of the following terms and conditions of sale. Illinois law hereunder governs the purchaser's rights and TIInc's respective rights and obligations. By bidding at TIInc's auction, whether by agent, via the internet or any other means, the purchaser and/or bidder agree that the contract created by these terms and conditions of sale is made and performed in the County of Cook, State of Illinois and further agree that should any dispute arise from this contract the sole and exclusive jurisdiction for contractual disputes is Cook, State of Illinois. TIInc IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
2. BIDDING. Bidding will take place only through Invaluable or the Terra Incognita (www.TerraIncognitaUSA.com) website via electronically entered bids. A credit card must be on file to bid. There are no telephone, absentee, sealed or any other kind of bidding. Only online bidding available through invaluable and Terra Incognita Inc. Potential bidders are informed that Invaluable's services charge an additional buyers premium of 5% above and beyond the premium charged by TIInc.
3. WINNING BID, BUYER'S PREMIUM AND SALES TAX. This is a timed auction. There is no live auctioneer! Only electronic bids via the Internet will be accepted. Therefore the winning electronic bid that meets or exceeds any opening or reserve bid (minimum amount needed to bid to sell the item) and is the final and/or winning bid, is also considered the "hammer price". The hammer price or final winning electronic bid at the end of the timed auction is the winner of the item. That winning price will be subject to a buyer's premium of 17.5% above the winning hammer price, payable by the purchaser. Invaluable will also charge 5% on the hammer price equaling a total buyers premium of 22.5%.
There may be other charges to be paid such as shipping, insurance, packing and packing materials depending upon how item's are picked up, shipped etc. TIInc accepts Visa, Master card, cashier's checks, wire transfer, or approved personal check (items will be held till check clears). Some items are exempt from Illinois sales tax and others may be subject to Illinois sales tax or local sales tax. The tax is computed on the total purchase price (including buyers premium). Hereinafter the total purchase price and applicable sales tax will be referred to as the "Total Amount Due". To establish a tax-free sale, a copy of a valid reseller's permit or other instrument or information must be provided to TIInc's satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof at the time of payment will be required to pay the tax to TIInc and seek a refund from the State of Illinois. Generally, all items shipped out of state are tax-free sales. TIInc has been authorized by the consignor(s) to retain as part of TIInc's remuneration, the buyer's premium payable by the purchaser.
4. METHOD OF PAYMENT. Auction sales are strictly for cash, cashier's check, personal checks, (with prior approval of TIInc's management, item(s) will be held until check clears) MasterCard or Visa. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency, certified check drawn on an American bank or wire transfer.
5. TERMS OF PAYMENT. At the end of timed auction, the highest bidder will have purchased the offered lot. All sales are final at the end of timed auction. The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the Total Amount Due. The Total Amount Due must be paid in full upon receipt of the buyer's invoice. All property will be removed from TIInc's premises at the purchaser's expense as TIInc has time to prep and or transfer items to be shipped or to independent shipper. It is up to the purchaser to coordinate with TIInc for shipping. It will likely take TIInc from a few to a handful of weeks to get all lots prepped to be shipped. See point 19 on Shipping for more info.
Should the winning bidder commit to picking up the property it must be removed within five days following the date of payment, unless otherwise agreed upon by purchaser and TIInc. Should it take longer than 5 days, it will be stored at TIInc's facility at a cost of $50 per month. The purchaser will then be unable to pick up the purchased lots until the storage fees are paid to TIInc. This will be at the purchasers risk and purchaser will be responsible for any insurance on the item during storage. If the purchased lots are not picked up and storage fees paid to TIInc, the items will be sold pursuant to the Illinois Labor and Storage Lien Act, 770 ILCS 45/0.01 et seq. and/or 770 ILCS 50/0.01 et seq. Insurance on stored items is the responsibility of purchaser.
(For disputes and/or remedy under mediation and arbitration see point 20)
Each purchaser at this auction grants TIInc a security interest in the property purchased. Any of the purchaser's property and all monies held or received by TIInc on the purchaser's behalf will be retained as collateral security for the purchaser's obligations to TIInc. TIInc may apply against such obligations monies held or received by TIInc for the account of, or owing to, the purchaser. TIInc retains all rights of a secured party under the Illinois Commercial Code. Whenever the purchaser pays only a part of the Total Amount Owed for one or more lots purchased, TIInc may apply such payments, at TIInc's sole discretion, to the lot or lots TIInc chooses. Payment will not be deemed made in full until TIInc has collected the Total Amount Due in cash or good funds. TIInc has the sole discretion to determine what is considered good funds. In the event Purchaser pays by check and the check is returned due to insufficient funds, stopped payment, closed account, or for any other reason, and Purchaser already has possession of the property, such possession of the property will be deemed theft by deception and/or theft under 18 U.S.C. § 922(u), which may result In penalties of a fine of up to $250,000, imprisonment in federal prison for up to 10 years, or both. In addition to remedies available to TIInc and the consignor by law, if the purchaser does not comply with the terms and conditions of sale (this includes but is not limited to payment in full of the Total Amount Due), TIInc, at its option, may either: (1) cancel the sale and retain as liquidated damages all payments made by the purchaser; or (2) resell the property either publically or privately, and in such an event the purchaser shall be liable for the payment of the deficiency, plus all costs and expenses of both sales and TIInc's commission for both sales at TIInc's standard rates, as well as any other damages, including but not limited to loss of profits. The purchaser hereby waives any and all notices of disposition of collateral and sale required under the Illinois Commercial Code. The purchaser is also responsible for all other charges due hereunder, in addition to any attorney's fees incurred by TIInc, incidental damages, and any other damages incurred by TIInc.
6. INTEREST AND DEFAULT. Payment of the Total Amount Due is due upon receipt of the buyer's invoice. If the amount noted within the buyer's invoice is not paid in full within 15 days of the auction, TIInc has the right and will charge the purchaser's credit card of record on file for the total invoice amount. Interest will be charged on all unpaid balances at the rate of 1-1/2% per month (18% APR), or the highest allowable rate under Illinois law, whichever is lower, beginning 15 days after the date of purchase/auction. The buyers invoice will likely be sent via email, should the purchaser not receive the buyers invoice due to breakdown of their internet or computer or any other malfunction it is up to the purchaser to inquire within 5 days of end of auction as to their buyers invoice.
The purchaser acknowledges that should the purchaser not comply with any of the terms and conditions of sale, including payment of the full amount indicated on the buyer's invoice, the damages incurred by TIInc includes, without limitation, consignor commission, loss of use of money for an indefinite period, costs to relist the item and potential depreciation of the item, and loss arising on the resale of the lot, whether such damages are now known or may become known in the future. Accordingly, in the event the purchaser fails to pay the full amount indicated on the buyer's invoice within 45 days after the auction, purchaser shall be immediately liable for liquidated damages in an amount equal to 30% of the amount on the buyer's invoice. These liquidated damages are in addition to the total amount invoiced on the buyer's invoice and any applicable interest. TIInc shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of TIInc to the outstanding debt.
7. WITHDRAWAL. TIInc reserves the right to withdraw any property from the auction prior to sale and/or during the auction.
8. PROTESTS, DISPUTES AND TIInc. TIInc reserves the right to reject a bid from any bidder. The highest bidder, acknowledged by high bid on the timed auction, will be the purchaser. TIInc shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Due to this being a timed auction only, hence no auctioneer, TIInc and its owners and management have the sole discretion to make all final decisions regarding any and all outcomes of the auction. TIInc's records will be deemed conclusive in all respect in the event there is any dispute after the sale.
9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If TIInc is prevented by fire, theft, or any other reason from delivering any property to the purchaser, TIInc's liability shall be limited to the sum actually paid by the purchaser and shall in no event include any incidental or consequential damages.
10. GUARANTEE. All property offered for sale is as is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. TIInc does not guarantee or make warranties on any lot sold. The bold headline of the description is the only written statement TIInc will guarantee as correct. Descriptions in the catalog are opinion. They are written as an aid to potential bidders. TIInc acknowledges that there may be errors in what is written beyond the bold headline description. TIInc recommends that you personally view any item you bid on or have an acknowledged expert view the item. Statements starting with the word condition are opinions, not statements of fact or guarantees. If a dispute about a lot arises it is the purchaser's responsibility to provide a written statement by an acknowledged qualified expert within 30 days after the auction that the bold headline is in fact incorrect. The 30 day return period IS NOT calculated from the date payment is made or the date the items are received. The 30-day return period will not be extended due to delay in payment or delay in receipt of the goods. If the expert's statement is indeed correct TIInc will make a full refund upon return of the merchandise, provided that the merchandise is returned in the same condition it was received. In the unlikely event that you need to return the merchandise to TIInc, Purchaser is responsible for all shipping costs. TIInc must again reiterate the guarantee is only on the bold headline of the description and TIInc will only honor this guarantee within 30 days of an auction. This right to return an item purchased at an auction shall be expressly limited to situations where errors occurred in the bold headline description of an auction item and such 30-day return provision shall not apply to a return of an auction item for any other reason. TIInc will have no further obligation, i.e., no refunds or returns will be accepted, if the above conditions are not met. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of TIInc or any person purporting to act on behalf of TIInc is authorized to make on TIInc's or the consignor's behalf, any representation or warranty, oral or written, with respect to any lot or item for sale. If any item is returned to TIInc after the 30 day deadline, the purchaser will be responsible to pick up item at TIInc's facility and or pay shipping and any other fees, such as but not limited to packing, shipping etc. to return item to purchaser. Purchaser will also be subject to the $50 per month storage fee should storage of the item become an issue.
11. BINDING EFFECT, MODIFICATIONS, AND SEVERABILITY. The terms and conditions of sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of TIInc's successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind TIInc unless specifically stated in writing and signed by TIInc. If any part of these terms and conditions of sale for any reason deemed invalid or unenforceable, the invalid portion shall be stricken and the rest of the terms and conditions of sale shall remain valid and enforceable.
12. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, TIInc may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than the high estimate and in many cases the reserve is lower than the low estimate. This bidding will not generally constitute opening bidding. Most often the reserve will be at or below the low estimate. If an item fails to meet reserve during a timed auction, the determination of whether to sell the item at the current auction or re-offer it at a later auction is at the sole discretion of TIInc. TIInc buys items on the open market or may offer a guarantee to a consignor. In either event, TIInc can have an ownership or other financial interest in the item(s) being auctioned. Such interest in the item(s) being auctioned may not be disclosed. If TIInc has an interest in an offered lot and the proceeds therefrom, other than our commission, TIInc may bid on the offered lot to protect such interest and such bidding shall not be prohibited under Section 12 below. Items, which are not reserved, are sold at TIInc's discretion.
13. BIDS OF CONSIGNORS. Consignors, other than TIInc, are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If TIInc recognizes such bidding or is advised of same, TIInc reserves the right to withdraw any or all items consigned by the offending consignor. It is not prohibited conduct under this Section 12 when TIInc bids on behalf of the consignor to reach the reserve price as provided In Section 11 above.
14. FINANCIAL INTEREST IN PROPERTY. Purchaser acknowledges that TIInc has a financial interest in all items offered for sale since it is paid a seller's commission and buyer's premium. Additionally, Purchaser acknowledges that a conflict of interest may exist because TIInc, its officers or employees, or an entity owned by one or more of them, may have a financial interest in an item offered for sale beyond the seller's commission and buyer's premium, which may include an ownership interest or a guaranteed amount offered by TIInc to a consignor of an item for sale.
15. FIREARMS LAWS. Currently we do not sell any firearms or ammo that was manufactured post - 1898. Any "firearms" that are offered for sale by TIInc, were made prior to 1898 and therefore require no licensing or waiting periods to acquire. You do not need a Federal Firearms License (FFL) in order to purchase any (non) "firearm" or "gun" that was made prior to 1898. Any "firearms" or "guns" that were made prior to 1898 are considered Non guns and/or curio collectibles.
16. CONDITION REPORTS. Condition reports are not included in this auction. It is the responsibility of the prospective bidders to examine lots and decide their level of interest. Neither TIInc nor the consignor is responsible for the accuracy of any printed or verbal descriptions. Any printed descriptions are varying degrees of matter of opinion and not binding. Everyone's opinions can and often do vary therefore TIInc strongly encourages clients to view all photographs in depth. When possible requests to view items in person will be obliged. On high dollar items it is strong encouraged that purchasers do view the item in person and please do not wait until the last minute. TIInc will make every effort to allow access during regular business hours for potential purchasers to view items. Due to the high volume of condition requests, overwhelming demands and last minute "need", TIInc, reserves the right to reject requests at its sole discretion. All weights and measurements are approximate.
CONDITION OF GUNS/WEAPONS. Auction items, Weapons and Non guns or non-FIREARMS. TIInc makes no warranties or representations whatsoever and no employee or consultant of TIInc has the authority to do otherwise, concerning the operation, or firing condition, fitness for use, safety to store, or reliability, of any firearm, or parts. Use of any firearm or weapon purchased at TIInc is entirely at the user's risk. TIInc offers for sale the lots as "collector" lots only. TIInc strongly recommends that all weapons, etc. purchased at auction be examined by a competent gunsmith or proper weapons expert. TIInc expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
17. ENDANGERED OR PROTECTED SPECIES OR WILDLIFE. Any property made of or Incorporating endangered or protected species or wildlife may have import and export restrictions established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITIES). These items are not available to ship internationally and in some cases, domestically. Additionally, these items may be subject to confiscation by state or federal officials if the proper documentation authorizing their sale is not produced. By placing a bid, the bidder acknowledges that he is aware of the restriction and takes responsibility in obtaining and paying for any license or permits relevant to delivery of the item(s). TIInc does not accept liability for the inability to ship the purchased item(s) or if such item(s) is (are) confiscated by state or federal officials prior to their shipment or transport to the successful bidder. TIInc does not knowingly offer for sale any item that has restrictions (unless stated) according to CITIES. Except when stated otherwise and/or where permits are available.
18. DELIVERY, SHIPPING, AND STORAGE CHARGES. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the item and all non-firearms and weapons (antiques).
19. SHIPPING. If TIInc is asked to ship the purchased lot(s), there will be separate charges for packing each separate item by size and type as listed below. If items can be combined we will take every attempt to do so. Shipping charges will be based upon what it costs TIInc to ship the purchased lots to the purchaser. If packing and/or handling of purchased lots are done by TIInc, it is done entirely at the risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. TIInc will charge a standard fee for labor charges included in the packing fee, packing and transportation to shipping facility. TIInc is not liable for any acts of omissions in packaging or shipping. Purchased lots handled by outside carriers or packers, including those TIInc may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly to the outside carriers or packers. TIInc will arrange for packing and shipping at TIInc's earliest possible convenience. TIInc will attempt to ship as soon as possible; however, due to TIInc's high volume of lots sold, and the inherent fragile nature of antiquities, shipping could take 2-5 weeks after full payment is received. In the case of crating or any exceptional packaging, the purchaser will be charged TIInc's cost from outside agents. Purchaser pays shipping, packing materials, and insurance charges. TIInc reserves the right to purchase the outside shipper's insurance, to be self-insured, or a combination of both. Certain items may not be shippable. Under those circumstances arrangements can be made to pick items up at TIInc's facility. It is the responsibility of the purchaser to view the entire item description to determine whether or not an item can or cannot be shipped. Such items would include but aren't limited to fragile stained glass lamps such as Tiffany glass or Tiffany style lamps.
The shipping of any purchased items outside of the United States is hereby classified as "foreign export". All foreign export is the sole responsibility of the purchaser.
SHIPPING AND PACKING DONE BY TERRA INCOGNITA INC. TIInc charges a base rate per item stated below and there will be additional charges for materials (packing, boxes etc.). We will pack and ship items with glass, we will tape the glass and pack extra careful, however we do not guarantee that the glass will arrive unbroken! Any shipping done by TIInc is at the risk of the purchaser. We strongly suggest that you carry your own insurance and also insure any items that are to be shipped.
1. Small boxes and most unframed photographs base rate $15.00
2. Medium sized boxes $20.00
3. Large boxed items $25.00
4. Any item that is double boxed or where extra care needs to be taken $35.00
5. Any items with framing and glass. $35.00
6. Extremely large and or heavy or awkward items $40.00
20. DISPUTES UNDER THIS CONTRACT. Purchaser and TIInc agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to TIInc. In the event the purchaser fails to make full payment to TIInc, TIInc may, but is not required to proceed directly to court. Furthermore, the purchaser and TIInc agree that should Mediation be necessary, Mediation fees, if any, will be borne equally by the parties. Purchaser and TIInc are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. Should a party commence legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Cook County, State of Illinois, and not in any other jurisdiction.
Should Mediation not settle the dispute between the parties the purchaser and TIInc agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Cook County, State of Illinois. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with TIInc and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
21. TIInc is the owner of the images of each lot offered for sale, and may use such images at any time at its sole discretion for advertising, publicity, and for archival purposes.
22. If you are bidding as an agent for another individual or company, and you execute a bid on behalf of someone else under your bidding authority/account, then you are responsible for the settlement of that account.
23. In no event will the liability of TIInc to any purchaser with respect to any item exceed the hammer price actually paid by such purchaser.
24. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS", "WHERE IS". NEITHER TERRA INCOGNITA INC NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND ANY WEAPONS INCLUDING NATIVE AMERICAN TOMAHAWKS, BOWS, ARROWS, KNIVES, AND ALL OTHER WEAPONS ARE SOLD AS COLLECTOR LOTS ONLY. BY NATURE, TERRA INCOGNITA INC SELLS ANTIQUITIES AND THEY INHERENTLY HAVE BEEN USED, HAVE DEFECTS AND LIKELY ARE FRAGILE TO EXTREMELY FRAGILE. THEREFORE THEY ARE LACKING IN TERMS OF CONDITION AND FITNESS TO FIRE, DISHARGE OR OTHERWISE BE USED AS AN ARM OR DEFENSE WEAPON. THE USE OF ARMS, ANTIQUE GUNS OR OTHER WEAPONS IS EXPRESSLY DENIED BY TERRA INCOGNITA INC. A COMPETENT GUNSMITH OR WEAPONS EXPERT SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR WEAPON. ANTIQUE WEAPONS OF ANY KIND SHOULD NOT BE USED. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL TERRA INCOGNITA INC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Payment is due at the end of each sale. We accept cash (In House Only), checks, PayPal up to $1,000, Traveler's checks, Visa & MasterCard. Purchases of $10,000.00 or above must be paid by wire transfer or certified check. TIInc reserves the right to hold property until checks clear. A $25 fee will be charged for all returned checks. If a check fails to clear after second deposit, the purchaser will be held responsible for any and all fees incurred until we have collected good funds, including storage charges. Bad checks, fraudulent credit cards of purchases will be reported to the police and will be prosecuted by TIInc to the fullest extent of the law. Purchasers who fail to pay in a timely fashion will face immediate disbarment from bidding on all Internet bidding sites where we have presence and will be reported to other galleries. Buyer's who fail to pay will be liable for any lost fees gallery may incur. Bidder shall be responsible for all costs of collection, including court costs and reasonable attorney's fees. By participating in TIInc. Auctions through the Internet, bidders consent to the jurisdiction of the Courts in Cook County, IL.
I understand that by bidding on any item(s), indicates my acceptance of these terms and conditions.
