Items are offered for sale subject to the following terms, as changed or supplemented by: a) written provisions in other places within these Terms of Sale; b) in written supplements to this catalog or other materials prepared by us and/or; c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. Golden's Appraisal, Auction & Estate Services (hereinafter referred to as "Golden's") retains all rights to copyright and other intellectual property contained in this catalog.
Sales Results: Results will be available by phone and on our site after Wednesday following the auction or as soon as Golden's has verified all sales.
Billing: All successful bidders will be emailed/mailed invoices on or before the Wednesday after the auction. All bidding at auction and all purchases will be in U.S. dollars. A buyer's premium in the amount of 15% of the successful high bid, (18% if buying through Invaluable), will be added to the successful bid price for all lots purchased at auction.
Purchase Price: The successful bidder becomes the buyer and is responsible for the amount of the successful bid, the buyer's premium, applicable taxes, and other charges provided for in the Terms of Sale.
Taxes: Taxes shall include Georgia sales tax (6.00%) unless a valid resale certificate is provided as proof of exemption from Georgia's sales tax by U.S. dealers. No sales tax is charged for purchases shipped out of state.
Accepted Payments: Cash, check, VISA, MC, Amex, Discover and wire transfers. Payment from absentee and phone bidders is due within 10 days of notification of successful bids. We reserve the right to hold all goods paid for by check until payment has cleared.
Late Payment Charge: If payment is not received within thirty (15) days of sale, Golden's, reserves the right to impose from the date of sale a late charge of 1 ½% a month of the total purchase price and deny all future credit.
New Buyers: If you are not known to us, you may be asked to furnish identification, a valid credit card number, and, possibly, credit references. If you are acting as another's agent or principal, we may request a letter of authorization. If paying by check we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these Terms of Sale.
Bid Increments: $0 - $100 = $5, $100 - $500 = $25, $500 - $1,000 = $50, $1,000 - $2,500 = $100, $2,500 - $5,000 = $250m $5,000 - $10,000 = $500, $10,000 - $25,000 = $1,000, $25,000 - $50,000 = $2,500, $50,000 - $100,000 = $5,000, $100,000+ = $10,000. The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.
Absentee Bids: We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids must be received no later than 6:00 p.m. on the Friday before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We will bid for you on the designated lots at the bidding increment just above the highest bid.
"Plus" bids: Because of our structured bidding increments, several people may leave identical bids. The earliest bid wins in the event of a tie unless a later bid has an added "plus" bid to the next increment. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Golden's is not liable or responsible for any errors or failure to do so.
Telephone Bids: Lines are available on a first-come, first-served basis. We must hear from you no later than 12 noon on the Friday before the auction. Determine the lots on which you most want to bid before reserving the lines. If you need condition reports, please request and review them prior to reserving phone lines. We will call you at one phone number ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be any problems with telephone connections. Your phone number and lots will be confirmed the day before the auction. Please do not change your phone number after your phone lines have been confirmed; if you do, Golden's will not be responsible for any breakdown in communications. We strongly recommend land lines, as, to date, they are more reliable than cellular phones. One of the reasons people bid by phone is to monitor how much they're spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. Bids are placed on the telephone at the discretion of Golden's and at the caller's risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Golden's is not liable or responsible for any errors or failure to do so.
Auctioneer's Decision is Final: A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to: a) resolve any disputes between bidders; b) determine whether to pass or re-offer a lot for sale; c) reject or challenge any bid or advance in the bidding, and; d) otherwise regulate the bidding and its increments.
Reserves: A reserve is the confidential minimum price established between Golden's and the consignor. Golden's prohibits consignors from bidding on their own items, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in or passed.
Estimates: The estimates provided in this catalog are our opinion of the price that a willing buyer would pay for the item at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.
Withdrawal of Item: Golden's reserves the right to withdraw items from the sale for any reason and with no liability whatsoever for such withdrawal.
Warranties & Guarantees: This is a Guaranteed Auction as expressly stated in this paragraph. All information in the catalog concerning: age, authenticity, genuineness, quantity, period, culture, source, or origin is warranted for a period of thirty (30) days from the date of sale by Golden's, except as excluded below. This warranty extends to only the original buyer of record (that is, the registered bidder). Size is approximate. If keys are present, they will be provided. The terms "perfect," "mint," and "pristine" indicate that the lot is in the same condition that it was at time of manufacture.
Exclusions and Limitations: This warranty does not cover: a) wear, minor, imperfections or factory flaws b) any description which states (or is bracketed in a section described as) "as-is" or "not guaranteed"; c) subsequent owners or assigns of the item, This disclaimer of liability on our part applies whether the information is included in the catalog, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
Condition Reports: Condition reports are statements of opinion by the staff of Golden's, and/or independent consultants, it is not a warranty. If you would like condition reports for items in the sale, please email us at
[email protected]. Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Golden's is not liable or responsible for any errors in the condition report or failure to deliver the same.
Rescission by Buyer: ALL SALES ARE FINAL unless within a reasonable time, not to exceed thirty (30) calendar days after the sale, the original buyer a) gives written notice to Golden's, alleging that the age, authenticity, genuineness, quantity, period, culture, source, or origin as set forth in the Terms of Sale and warranted by Golden's were materially inaccurate and misleading and substantially overstated the value of the item, and b) receives written permission to return the item from Golden's and c) returns the item with five (5) days of receiving this permission and in the same condition it was in at the time of sale and d) proves the truth of such allegations to the satisfaction of Golden's, the sale of such lot will be rescinded. This limited right of rescission is available only to the original buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the item which gives rise to the claim. Buyer acknowledges and expressly agrees that the provisions of the paragraph state the sole and exclusive remedy available to a buyer in the event of nonconformity in item purchased. The buyer understands and agrees that the exclusive remedy for any breach of the warranty shall be a rescission of the sale and a refund of the original purchase price (bid plus buyer's premium), as well as any applicable taxes paid. Neither Golden's nor its consignor shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative item, claims of customers of the buyer or otherwise.
Rescission by Auction: In the event Golden's receives notice of an adverse claim with respect to purchased item(s), Golden's shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the buyer, upon written notice to the buyer. Upon such notice, the buyer will promptly return the purchased item to Golden's premises in the same condition as when purchased. Golden's will then promptly refund the purchase price, including the buyer's premium and applicable taxes paid. Buyer will have no further recourse against Golden's or the consignor, and Golden's and the consignor shall not be liable for any damages of any nature suffered by the buyer.
Buyer's Obligation: On the fall of the auctioneer's hammer, title to the item immediately transfers to the successful bidder who, in turn, becomes the buyer of the item. The buyer assumes full risk and responsibility for the purchased item, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium, applicable taxes, and any other associated expenses.
Collection of Item and Storage Charges: The buyer will pay for and remove the purchased Item from the premises of Golden's within thirty (30) days of the sale. If the purchased item is not removed in this time, the buyer will thereafter be assessed a $10 per lot storage charge per day. Golden's may, at its discretion, remove the purchased item to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Item will be released.
Packing and Shipping: The buyer is responsible for the shipment of all purchased items. For your shipping needs, Golden's can provide you with a list of local shippers. Shipments are usually made within thirty days after payment has been received. We are not responsible for any damage or loss that occurs while your objects are in another's care.
Shipping Larger Items: Larger items are objects such as furniture, andirons, lamps, floor vases, or any other item whose safe packing will exceed the limits of common carriers. The delivery of large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding. We will work with any shipper of your choosing.
Buyer Default Remedies: If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by Golden's. The buyer shall be liable to Golden's and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to Golden's by law, Golden's may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased item, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to Golden's and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, late charges, and other damages. Golden's may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in Golden's possession to reduce or satisfy the buyer's obligations. Security Interest: As security for full payment to Golden's and the consignor of all amounts due, the buyer grants and Golden's retains a security interest in the item purchased at auction and in any other item or money of buyer in Golden's possession or coming into Golden's possession (collectively, "collateral"). Golden's shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the item or other collateral will cease when the item is physically delivered to the buyer or the buyer's agent.
Governing Law: The laws of Georgia govern the auctions of Golden's. Any disputes, which may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Georgia law. Anyone who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Georgia. Additionally, bidder/buyer agrees to jurisdiction and venue for any legal dispute to be exclusively in the courts located in Cherokee County, Georgia, in connection with the auction and/or any auction purchases. In the event that Golden's needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it, Golden's shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit.
Limitations of Liability: Golden's acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor.
Severability and Waiver: If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.
Assignment: Unless Golden's consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sale by Golden's.
Modifications: These Terms of Sale may not be changed unless Golden's and buyer have agreed to do so in a written agreement signed by both parties.
Miscellaneous Export or Import: An export license may be required for the export of certain materials. Some countries prohibit the importation of certain materials. It is the sole responsibility of buyers to familiarize themselves with any required license and import/export requirements. Golden's will have no responsibility with regard to these matters.
Private Sales: These Terms of Sale shall apply to both auction and private sales of item.
Paragraph Headings: Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions .If you have any questions after having read the Terms of Sale, please contact us at (770) 485-4031.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Golden's shall endeavor to describe in detail each item and any pertinent information about it. Golden's will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Golden's is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Golden's or anyone else if the Internet service fails to work correctly before or during the live auction. Golden's will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Golden's reserves the right to withdraw or re-catalog items in this auction.
