Live Auction Terms & Conditions of Sale
BRG - LIVE AUCTION TERMS & CONDITIONS OF SALE
1. AS-IS, WHERE-IS. All property is sold as-is where-is, no returns. Black Rock Galleries makes no guarantees or warranties, expressed or implied, with respect to; age, condition, content, size, weight, period material, provenance, authenticity, or correctness of items being sold. Black Rock Galleries is not responsible for typographical errors or omissions. Lot listings are meant as a descriptive guide and not statements of fact. Bidders are responsible for doing their own due diligence to properly investigate and research lots before bidding. Black Rock Galleries encourages Bidders to use scheduled preview periods to examine auction items firsthand and to request condition reports when available.
JEWELRY: Unless otherwise stated, all stones are measured and graded in their settings; therefore, the measurements and grading are approximate. Metal weights are always given in gross weight which includes stones and other materials in the piece, unless stated otherwise. Colored gemstones have long been treated to enhance their color and appearance. Unless specifically noted otherwise and/or verified by a lab report, Bidders should assume that the gemstone has undergone some level of treatment. All lab reports will be referenced when available for a specific lot. Most jewelry in our auctions has been previously owned and is, therefore, not in perfect condition. All jewelry lots in Black Rock Galleries auctions are cataloged and inspected by GIA Graduate Gemologists who follow all GIA standards.
FINE ART: Black Rock Galleries is not liable for any damage to glass coverings on paintings, drawings, or other artworks, regardless of the cause. Furthermore, Black Rock Galleries assumes no responsibility for any damage to or loss of the frames or mattes. The value of the fine art is derived from the art itself and not from the frames, mattes, or protective coverings.
TIMEPIECES: Black Rock Galleries does not guarantee the working condition of any timepiece. All timepieces are sold without warranty. Black Rock Galleries attempts to identify significant damage and make note of such damage in catalog descriptions, when and where possible. Black Rock Galleries makes no guarantee as to the accuracy and completeness of any condition report of any timepiece. Descriptions and condition reports do not necessarily include all faults, imperfections, or restorations performed on the timepiece. No warranties are made that watches in water-resistant cases are currently water-resistant. Most watches are used and Bidders should assume that they have been opened to find out the type and quality of movement. For that reason, watches with water resistant cases may not be waterproof and the Auctioneer recommends Buyers have them checked by a competent watchmaker before use. Virtually all timepieces have been repaired during the course of their lifetime and may include parts not original to them.
PHOTOGRAPHS. Photographs serve as part of the lot's description and condition report. Bidder is solely responsible for inspecting photos as part of their due diligence.
PREVIEW. At its sole discretion, Black Rock Galleries may offer preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing bids, but is not required to do so. Bidders are responsible for performing their own due diligence in inspecting lots during preview periods.
CONDITION REPORT. Condition reports may be available upon request. ANY CONDITION STATEMENT IS GIVEN AS A COURTESY TO USER. It is only a subjective, qualified opinion genuinely held by Black Rock Galleries and should not be treated as a statement of fact. It is to be used for guidance purposes only. Black Rock Galleries shall have no responsibility for any error or omission.
Absence of previews and/or condition reports does not imply that any lot is in perfect condition. It is the sole responsibility of Bidders to make condition inquiries prior to bidding as part of their due diligence.
2. AUCTIONEER. Black Rock Galleries (BRG) reserves the right to withdraw, divide, or combine any property at any time before its actual sale and also refuse any bid from any Bidder. The Auctioneer is the sole judge as to the amount and successful Bidder on all lots. Black Rock Galleries reserves the right to reject, refuse, and/or accept any bid.
Auctioneer reserves the right to request and require additional proof of identity and/or proof of funds from Bidders without established bidding histories on LiveAuctioneers, invaluable, and/or its own platform.
3. BIDDING. Black Rock Galleries offers absentee and real-time internet/online through its own website and other third party platforms for its "live auctions." Bidders are responsible for any and all activity, purchases, and/or bids involving their Bidder account. Once a bid is placed and accepted, it cannot be retracted, lowered, or deleted by the Bidder.
Bidders are solely responsible for ensuring that their bidding credentials (e.g., user names, passwords, etc.) are kept private and confidential. Black Rock Galleries, its employees, and Consignors shall not be held liable for negligent bidding activity.
Black Rock Galleries strives to execute and honor all bids in a fair, transparent, and competitive manner. Auctioneer is not responsible for failure to execute a bid, nor is it liable for losses incurred (real or perceived) as a result of the Auctioneer failing to execute a bid. Auctioneer is not responsible nor liable for any time delay(s) with online bidding, including, but not limited to internet service, browser/site refresh delays, technical difficulties, etc. All bids are time-stamped. In the event of identical bids placed on a single lot, the first bid received by Black Rock Galleries takes precedence.
Third-Party Websites. Bidders using an online auction platform such as LiveAuctioneers, Invaluable, and/or Black Rock Galleries must complete payment through the respective platform. Invoices are subject to a Buyers Premium, Sales Tax, and any additional service fees from the platform for use of their online bidding services. All Bidders must provide a valid credit card, phone number, and current email. The Auctioneer, at its sole discretion, may require additional proof of identification in order to validate a Bidder's credentials.
4. RESERVES. All lots are subject to a reserve, a minimum price agreed to with the Seller, below which the lot will not be sold. The Auctioneer reserves the right to set, adjust, and remove reserves at its own discretion at any time.
5. ESTIMATES. Estimates are provided by the Auctioneer as a guide to bidding. Estimates are not intended for a basis of the lot's actual value, expressed or implied.
6. BUYERS PREMIUM. The purchase price paid by the buyer shall be the sum of the final bid and a buyer's premium on the final bid on each, plus all applicable sales tax. Auctioneer has the right to hold property until payment has cleared.
7. SALES TAX. All items purchased are subject to a Connecticut State sales tax of 6.35% on the total purchase price including the Buyer's Premium, unless the purchaser presents proof of exemption (prior to the start of the auction) which is accepted and approved by the Auctioneer.
Purchases shipped by professional shippers to addresses outside of Connecticut are not subject to Connecticut sales tax and may be refunded upon proof of pick-up by professional shipper. The buyer is responsible for remitting sales tax to any applicable state.
8. PAYMENT. Bidders using an online auction platform such as LiveAuctioneers, Invaluable, and/or Black Rock Galleries must complete payment through the respective platform. Invoices are subject to a Buyers Premium, Sales Tax, and any additional service fees from the platform for use of their online bidding services. All Bidders must provide a valid credit card, phone number, address, and current email. The Auctioneer, at its sole discretion, may require additional proof of identification in order to validate a Bidder's credentials.
Black Rock Galleries accepts payment on invoices under $5,000 by credit card (American Express, Mastercard, Visa, or Discover), bank check, or wire transfer*. Bidders give Black Rock Galleries authorization to charge the credit card supplied during registration for all monies due including the hammer price, buyer's premium, third party fees, and if applicable, shipping and storage costs. Black Rock Galleries requires payment by guaranteed funds (bank check or wire transfer*) on invoices over $5,000. International Bidders must acknowledge and agree to wire transfer payment terms.
Bidders understand that Black Rock Galleries may pursue any means necessary and allowable by law to receive payment from Bidders.
As a courtesy, BRG may attempt to reach Bidders via telephone, email or SMS/text to alert them if they have an outstanding invoice, but is under no obligation to do so. However, if Bidders placed a bid(s) on an item(s) in auction, it is the Bidder's sole responsibility to check the status of their account and/or any invoices (through their online dashboard on their selected bidding platform).
*Bidders paying their invoice via wire transfer must add $50 USD to the overall payment amount to cover bank fees.
9. UNPAID STRIKES: Upon being a successful Bidder on a lot, Bidders shall have five (5) business days to pay for the lot in full, after which the Auctioneer shall file unpaid strikes with LiveAuctioneers, Invaluable, and/or its own platforms. These unpaid strikes shall remain on the account and shall be removed up to five (5) business days after payment is made in full.
10. PICK-UP & REMOVAL OF PROPERTY. All property must be removed within seven (7) days of the close of the auction sale. Lots not removed are subject to a $10 per day per lot storage fee. Black Rock Galleries will not release items until all storage fees are paid in full.
If the storage costs exceed the amount paid for the lot, the lot will be considered Abandoned and Forfeited and becomes the property of the Black Rock Galleries. Bidders agree that once an item is abandoned, the title reverts to Black Rock Galleries without any refund nor recompense to the Bidders for any forfeited lot(s).
11. SHIPMENT. Black Rock Galleries is not a shipper. Buyers are solely responsible for arranging their own third-party shipping and insurance. Black Rock Galleries will not pack nor supply packing materials for shipping. Black Rock Galleries offers a list of reputable local shippers on the shipping page on its website (https://www.blackrockgalleries.com/shipping). Buyers are not required to use an Auctioneer-recommended shipper. Buyers are free to use any third-party shipper they choose. Bidders are solely responsible for ascertaining the affordability of shipping costs prior to placing bids. Auction invoices cannot be voided due to unexpected shipping costs.
12. RESTRICTED ITEMS. All Bidders (international and domestic) should be aware that certain states and countries do not permit the import or export of items containing materials made from endangered species including, but not limited to tortoiseshell, ivory, and coral. It is the Bidder's sole responsibility to investigate and adhere to relevant import, export, and customs regulations prior to bidding. Black Rock Galleries does its best to mention these restrictions in cataloging, but ultimately it is the responsibility of the Bidder.
13. LOTS NOT RETURNABLE. All lots are sold as-is and are not returnable. Bidders are responsible for doing their due diligence before placing bids. Books, manuscripts, prints, drawings, photographs, signatures, or any other property offered in a lot comprising more than three items, whether or not such items are individually named, constitute "Grouped Lots." Such "Grouped Lots" are not subject to return for any reason.
14. DISPUTES & LEGAL INTERPRETATIONS. The Terms and Conditions will be interpreted under the laws of the State of Connecticut and the United States Uniform Commercial Code (UCC).
In the event of any dispute between Bidders, the Auctioneer shall have the discretion to either determine the successful Bidder or to re-offer / resell the lot in dispute. Bidders agree to the Auctioneer's decision.
In the event of a dispute between the Bidders and the Auctioneer, hereunder, all parties consent to the exclusive jurisdictions of the courts of the State of Connecticut and Federal courts of the United States of America located in the Southern District of Connecticut. Neither party shall be liable for any special, incidental and/or consequential damages.
15. WAIVER & ALTERATION. No waiver or alteration of any of these Terms and Conditions of Sale, advice to prospective Bidders, the limited warranty, estimates, or any other matter in this auction or any other matter whatever (whether made by the Auctioneer, or Consignor, or any representative of Black Rock Galleries) shall be effective unless it is in writing and signed by a representative of Black Rock Galleries.
