Conditions of Sale
CONDITIONS OF SALE
The Popular Auction, LLC. AS AGENT
The lots listed in this catalogue will be offered by The Popular Auctioneers, Inc. as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on lots with a low estimate of $200 and over. All lots are sold AS-IS and without recourse and neither The Popular Auction, LLC. Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither The Popular Auction, LLC. nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. The Popular Auction, LLC. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. The Popular Auction, LLC. expressly reserves the right to reproduce any image of the lots sold in this catalogue.
AT THE SALE
Refusal of Admission - The Popular Auction, LLC. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.
Bidding as Principal - When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with The Popular Auction, LLC. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to The Popular Auction, LLC. and that The Popular Auction, LLC. will only look to the principal for payment.
Absentee Bids - We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
Telephone Bids - If a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of The Popular Auction, LLC. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, The Popular Auction, LLC. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
Buyer's Premium - In addition to the hammer price, the buyer agrees to pay The Popular Auction, LLC. a buyer's premium and the applicable sales tax added to the final total.
HAMMER PRICE / BUYER'S PREMIUM
In addition to the hammer price, the buyer agrees to pay The Popular Auction, LLC. a buyer's premium and the applicable sales tax added to the final total.
The Popular Auction, LLC's premium structure for Liveauctioneers.com customers is: twenty-five percent (25%) of the successful hammer price .
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a U.S. bank unless other arrangements are made with The Popular Auction, LLC. The Popular Auction, LLC. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay The Popular Auction, LLC. a handling charge of $50 for any check dishonored by the drawee.
Tax Exempt Notice - Lots marked with an asterisk (*) or square are tax exempt as permitted by law.
Collecting Purchases - Once The Popular Auction, LLC. has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
Packing and Shipping - If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and The Popular Auction, LLC. will have no liability of any loss or damage to such items.
Non Payment - If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate.
Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, The Popular Auction, LLC. reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. The Popular Auction, LLC. shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.
LIABILITY
Condition Reports - The Popular Auction, LLC. is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery,The Popular Auction, LLC. shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications - The rights and obligations of the parties with respect to these 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 the jurisdiction in New Jersey. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
Discretion - Any and all of the conditions may be waived or modified in the sole discretion of The Popular Auction, LLC.
Sales Tax
The following are the TERMS OF SALE for bidding in Live Auction, Wednesday, June 22, 2016.
AUCTION will start at 9 a.m. MT, 11 a.m. EST, 8 a.m. PST - Live Online / Absentee Bidding only.
Please read the following "Terms of Sale" carefully. These terms are applicable to all bidders in this auction, collectors and dealers alike. Please do not bid in this auction if you do not agree to all of the terms listed below. Your submission of bids in this auction constitutes your acceptance of these "Terms of Sale."
1. All items in this auction have been legally acquired, are legal to sell, and guaranteed to be as described or your money back.
2. This is an auction sale, not an approval sale. By bidding in this auction, the bidder personally guarantees payment. The auctioneer has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.
3. HIGH and LOW ESTIMATES are provided for each lot for reference only.
4. No lots will be released until payment in full has been made. Payment(in U.S. funds) may be made via personal check or money order, via credit card (MasterCard, Visa or Discover), PayPal or Bank Wire Transfer. For PayPal payments please use "
[email protected]" email address for processing payments.
5. BUYER'S PREMIUM: A 24.5% Buyer's Premium will be added to the final price of each lot purchased through Artemis Gallery LIVE and will be paid by all bidders without exception.
6. CO SALES TAX: Appropriate Colorado Sales Tax will be added to all invoices, unless a valid CO seller's permit is on file with Artemis Gallery/Artemis Gallery Live prior to any bidding in the auction. Items shipped outside of CO (United States or international) are also sales tax exempt.
7. RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, WE MUST HAVE WRITTEN NOTIFICATION OF RETURN WITHIN TWO BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by FedEx, UPS or USPS tracking data, and the item must be received by us within ten days in the condition received. A written letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. Return shipping is at the bidder's expense. In no event may any lot(s) be returned after fifteen (15) days from the date of the auction. As of July 5, 2016 ALL SALES ARE FINAL!
8. BIDDING will be conducted ONLINE / LIVE as the auction progresses. Bidders may place their bids LIVE, via PHONE or by leaving ABSENTEE BIDS via the Live Auctioneers auction catalog. Please keep in mind that Phone Bids will be accepted on a limited basis and must be arranged in advance.
9. SHIPPING: As a convenience to our buyers, all shipping services are handled in-house. All buyers will receive an invoice detailing their purchases, sales tax (if applicable), buyer's premium, and shipping/insurance charges. Items will be shipped only upon receipt of payment in full and will be insured for their full value. **For shipments outside of the USA, customs and duties may apply upon entry in to said country, and this fee, if any, is the buyer's responsibility. We will NOT falsify customs value on international shipments - what you pay is what we declare, no exceptions. If you have questions about this, please inquire BEFORE bidding**
9a. REQUEST TO DELAY SHIPPING FOR LOTS WON: We are happy to delay shipping on all paid lots for up to 30 days with no storage fees. After 30 days, storage fees will accrue based on a % of invoice total.
10. ESTIMATES for each lot are given only as a guide to help gauge bidding. Lots may sell for a price greater than or less than these estimates.
11. STARTING PRICES may or may not be the actual price at which any item will sell. At the discretion of the auctioneer, starting prices may be lowered to encourage bidding, but this is up to the auctioneer.
12. The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may accept or decline any bid, or challenge to any bid, as he in his sole discretion shall determine.
13. ALL BIDDERS must register in order to bid.
14. In the event a successful bidder fails to make payment when due, Artemis Gallery reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements.
15. If the auction invoice is not paid for in full when due per invoice terms, including any applicable credit card processing fees, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by Artemis Gallery to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder.
16. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within the County of Boulder, CO subject to the laws of the State of Colorado.
17. QUESTIONS? Feel free to email us at
[email protected] with questions prior to bidding or feel free to call us at 720-890-7700. Please be sure to ask all questions at least 30 minutes prior to auction start time, as we will not be able to take calls or answer emails sent to us during the auction.
Good luck!
Condition of Items
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on lots with a low estimate of $200 and over. All lots are sold AS-IS and without recourse and neither The Popular Auction, LLC. Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither The Popular Auction, LLC. nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability.
Important Note
The majority of property offered at The Popular Auction, LLC comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition
