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John Atzbach Antiques
Conditions of Sale: Antique Enamels, Faberge, Porcelain, jewelry, and others. December, 7 2022. 9:00AM PST
Bidders may bid in the privacy of their own home by using Invaluable. Please visit their site to review current sales options and bidding deadlines.
ALL INTERNET BIDDERS ARE REQUIRED TO READ AND AGREE TO THE FOLLOWING CONDITIONS OF SALE.
1. You must be registered at least 24 hours in advance of the start of the sale in order to participate. Please do not wait until the auction has started to register to bid. We cannot guarantee that your registration will be processed during the auction.
2. All lots will be sold in numerical order according to the online catalog and online only bidding through Live Auctioneers.
3. All property must be paid for within five (5) business days after the date of the auction. Successful bidders will be notified and invoices will be sent via email within 48 hours following the auction.
4. Bidding on an item indicates the bidder's acceptance of our Conditions of Sale. Placing a bid is a legally binding obligation. Your acceptance of these terms through Live Auctioneers constitutes permission to charge successful bids to the Bidder's credit card if payment is not received within five (5) business days after the conclusion of the auction. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, John Atzbach Antiques may seek all remedies under the law including canceling the sale and reoffering the property without reserve. No lots are sold on approval.
5. The absence of condition remarks in the lot description DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Objects may be examined in advance by prior arrangement with John Atzbach Antiques; we are also happy to provide additional photographs of each item and speak with potential bidders by telephone. All items are sold AS IS and there will be no returns based on condition. Please see the paragraph below entitled ?Condition of Lots? for additional information.
6. Registered bidders accept all personal liability to pay the purchase price including all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with an authorized representative of John Atzbach Antiques before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to John Atzbach Antiques and that John Atzbach Antiques will only look to the principal for payment.
7. John Atzbach Antiques is not responsible for any missed bids due to computer conditions or internet connection speeds. 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.
8. Internet bidders are responsible for their user IDs and access to their computers. Reports of stolen user IDs or inappropriate use of a personal computer does not release you from your responsibility. If, as an internet bidder, you have no intention of paying for lots purchased, please do not bid. John Atzbach Antiques will file a dispute with Live Auctioneers which could affect your ability to bid in any future auctions with John Atzbach Antiques or other Live Auctioneers sellers.
9. John Atzbach Antiques as 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 re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide lots into two or more selling lots. John Atzbach Antiques shall have no liability whatsoever for such withdrawal, addition or amendment.
9. All photos and descriptions posted on Live Auctioneers or any internet platform are property of John Atzbach Antiques and are subject to US copyright laws. No photo or description may be used without written approval of a John Atzbach Antiques authorized agent. We are happy to provide photos in certain cases; please contact our offices for authorization. Use of unauthorized photos and descriptions could incur penalties.
*IMMEDIATE PAYMENT IS REQUIRED*
All property must be paid for within five (5) business days after the completion of the auction unless otherwise arranged with an authorized staff member of John Atzbach Antiques. Methods of Payment: For your protection and ours, we accept all major credit cards through Payments by Invaluable and Wire Transfer. We do not accept direct credit card payments. If you wish to pay by wire transfer, please email and we will send you wire transfer details. Wire transfers may incur a fee and these fees must be paid by the buyer, not John Atzbach Antiques. Your invoice includes a shipping quote. This shipping quote includes the cost of standard shipping as well as charges for insurance, materials, and labor. Please indicate any special shipping instructions in a separate email to us. All packing and shipping will be handled in-house unless otherwise requested. This is in an effort to ensure lots are packed safely by highly-experienced art handlers while maintaining the lowest shipping and handling cost for our buyers. Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. Shipping and handling charges to foreign countries are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers.
In the event of nonpayment, your agreement to bid online is authorization to charge your credit card for purchases and all additional charges. John Atzbach Antiques may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price on invoices that are outstanding over thirty (30) days after the date of the sale.
All sales are final. There will be no refunds issued beyond 30 (thirty) days after the auction. Consigners are paid 30 days after the auction, therefore purchasers must contact the auctioneer with any disputes prior to that day.
All successful bidders will receive a shipping quote from John Atzbach Antiques with their invoice. This shipping quote includes the cost of USPS Priority as well as charges for insurance, materials, and labor. Please indicate any special shipping instructions in a separate email to us. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees, and insurance charges.
All packing and shipping will be handled in-house unless otherwise noted. This is in an effort to ensure lots are packed safely by highly-experienced art handlers while maintaining the lowest shipping and handling cost for our buyers. We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an estimated amount in the auction invoice.
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier, and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of John Atzbach Antiques. John Atzbach Antiques is not responsible for any loss resulting from items being shipped to an alternate address or recipient provided by Bidder. We ship primarily by USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 to 3 weeks following their payment. The actual cost of shipping, insurance, registry, and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item, to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, John Atzbach Antiques may ship items using Fedex Express services or pack and ship enterprises, the cost of which shall be charged to the Bidder. John Atzbach Antiques will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at John Atzbach Antiques' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and John Atzbach Antiques reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. John Atzbach Antiques may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, Hawaii, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. John Atzbach Antiques will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In John Atzbach Antiques' sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. It is the foreign bidder's obligation to be aware of and instruct John Atzbach Antiques regarding any special taxes or fees applicable to their particular circumstances.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with John Atzbach Antiques from other auctions which are not in compliance with the provisions of payment above, until such balances are paid in full and all funds have cleared. John Atzbach Antiques may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of John Atzbach Antiques' approval of a Bidder to bid in any sale, Bidder permits John Atzbach Antiques to add Bidder to John Atzbach Antiques mailing list. John Atzbach will send information to Bidder relating to John Atzbach Antiques activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to John Atzbach Antiques activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from John Atzbach Antiques or third parties providing information relating to John Atzbach are not spam. Any and all of the conditions may be waived or modified in the sole discretion of John Atzbach Antiques.
Please allow 5 to 7 business days for shipping after payment is received. Items will be shipped on a first-pay, first-ship basis. We strive to get everyone?s purchases to them as soon as possible, but we cannot guarantee that your items will be shipped immediately upon receiving payment. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. John Atzbach Antiques will have no liability for any loss or damage to shipped items.
-INTERNATIONAL AND OUT OF STATE BUYERS-
International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. These fees will in no case be reimbursed by John Atzbach Antiques. Items shipped out of state are not subject to Washington state sales tax.
Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. It is the purchaser's responsibility to obtain any licenses and/or certificates as well as any other required documentation prior to shipment. In the case of denial or delay of any required documentation or paperwork, the buyer will still be responsible for making on-time payment for the total purchase price of the lot. Therefore, if you are unsure, John Atzbach Antiques recommends that you DO NOT BID on items containing animal materials such as tortoiseshell, bone, etc. We support the ban on the sale of non-antique carved ivory objects of art.
-TIMELY REMOVAL OF PROPERTY-
John Atzbach Antiques is not liable for any damage to purchases for which we have not received shipping instructions within fourteen (14) days of receipt of payment. Please note that payment is due five (5) business days after the completion of the auction. Failure to remove property from John Atzbach Antiques within fourteen (14 days) of receipt of payment will result in John Atzbach Antiques storing your property, with no liability to John Atzbach Antiques, and you agree to hold John Atzbach Antiques harmless for any damages associated with said storage. No storage fees will be charged if the merchandise is picked up or shipped within 30 days of the auction. After this period of time, the purchaser will be assessed a $10.00 per lot per day storage fee until the merchandise is picked up or shipped. If a storage fee is assessed, it is payable in full prior to removal of any merchandise from the premises of John Atzbach Antiques.
Purchaser further agrees that after 60 days after the date of the auction, if the purchased merchandise has not been removed or other arrangements have not been authorized by John Atzbach Antiques personnel in writing, the merchandise shall be sold at auction at no reserve. All costs of notice, advertising, commissions, the sale and additional storage fees per lot at $10.00 per day will be assessed against the proceeds of the sale. Any funds remaining after the resale of the items and payment of auction fees and storage fees will be distributed as required by law.
On the fall of the Auctioneer's hammer and full payment, title to the offered lot will pass to the highest bidder acknowledged by Auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price and any applicable fees (such as sales tax and shipping) IMMEDIATELY upon receipt of invoice.
If any applicable conditions herein are not complied with by the Buyer, in addition to other remedies available to John Atzbach Antiques and the Consignor by law, including without limitation the right to hold the Buyer liable for the total purchase price, John Atzbach Antiques at its option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the Buyer or (b) resell the property either privately or at public auction without reserve and in either event the Buyer will be liable for any deficiency in the purchase price and all costs and expenses, including: storage fees, handling charges, the expenses of both sales and commissions on both sales at John Atzbach Antiques' regular rates, all other charges due hereunder, including attorney fees and incidental damages. In addition, a defaulting Buyer shall be deemed to have granted John Atzbach Antiques a security interest in, and John Atzbach Antiques may retain as collateral security for such Buyer's obligations to use, any property, in John Atzbach Antiques possession owned by such Buyer. Payment will not be considered to have been made in full until Buyer's check, wire, or credit card payment has cleared John Atzbach Antiques bank.
The Buyer's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. John Atzbach Antiques and Consignor shall not be liable for any incidental or consequential damages incurred.
-LIMITED THIRTY (30) DAY WARRANTY-
As stated in above, neither John Atzbach Antiques nor Consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalog, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically provided herein. Except that John Atzbach Antiques warrants the authorship (as hereinafter defined) of a lot only for a period of thirty (30) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified within the thirty (30) day limited warranty period, IF it is determined to John Atzbach Antiques' satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to John Atzbach Antiques in the same condition in which it was at the time of sale. John Atzbach Antiques shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, mutually acceptable to John Atzbach Antiques and the Buyer, before John Atzbach Antiques determines whether to rescind a sale under this limited warranty. If requested, John Atzbach Antiques will provide Buyer with the names of acceptable recognized experts. Buyer is advised that said lot should be inspected by themselves or their agents to their own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires thirty (30) days from the date of sale. Otherwise, there is no recourse whatsoever with John Atzbach Antiques as to authorship as defined hereinafter. Authorship is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalog, as amended by an oral or written salesroom notices or announcements. Lack of authorship would also include fake or counterfeit items.
These Conditions of Sale and the Buyer's and our respective rights and obligations hereunder are governed by the laws of the State of Washington. By bidding at an auction, each Buyer and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against John Atzbach Antiques (but not including claims brought against the Consignor by the Buyer of lots consigned hereunder) shall be resolved by legal action brought in King County, Washington as the sole place for jurisdiction and litigation of any issues between the parties.
Furthermore, any and all claims made between the parties hereto as a result of any transactions herein, the parties agree to a one-year statute of limitations.
* Once a catalog has been proofed the terms cannot be edited.
* Once a catalog has been proofed the terms cannot be edited.
All items are sold AS IS and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage, damage, and/or repair consistent with age and use and often not listed in the catalog entry. Therefore, all lots are sold "AS IS" except for the 30 day limited warranty contained herein and referred to below, and neither John Atzbach Antiques nor the consignor makes any warranties or representations, express or implied, as to the merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. John Atzbach Antiques and the Consignor are not responsible for errors or omissions in the catalog or any supplemental material. The Buyer expressly acknowledges and agrees that in no event should John Atzbach Antiques, its officers, agents, or employees be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages.
The absence of condition remarks in the lot description DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Condition reports are available upon request. Objects may be examined in advance by prior arrangement with John Atzbach Antiques; we are also happy to provide additional photographs of each item and to speak with potential bidders by telephone. However, no employee or agent of John Atzbach Antiques is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, John Atzbach Antiques recommends that they do not bid on the property. John Atzbach Antiques further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding.
Please note that John Atzbach Antiques is pleased to provide our opinion of the condition of items offered for sale upon request. This service is provided for guidance only, without legal obligation. We are not professional conservators or restorers, and therefore cannot guarantee the content of the written condition report. Subsequently, if a prospective buyer has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, John Atzbach Antiques recommends that they not bid on the property. Please note that the condition of frames is not guaranteed. Notwithstanding any report of condition, all lots are offered and sold AS IS and there will be no returns based on condition in accordance with the "Conditions of Sale" as listed.