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Auction Terms & Conditions | 2013
1. SHIPPING: Items may be picked up in-person on the day of auction at the venue. Items requiring shipment will be handled either by Manor's in-house shipping department or Manor's designated 3rd party professional shipping partner. Manor Auctions reserves the right to designate your shipment in-house or 3rd party. Manor's in-house department will generally pack & ship non-fragile items fitting safely in a flat-rate shipping box. Shipments outside this criteria will be handled by our local 3rd party partner. 3rd party shipment customers will make shipping payment directly to the 3rd party. Please allow up to 10 business days after receipt of shipping payment for your purchases to ship. Buyers receive their shipment tracking information once their items ship. Depending on size and value, domestic shipments are sent via USPS, FedEx or UPS. International shipments are sent USPS Express Mail International. All shipments will include mandatory insurance and tracking / delivery confirmation. Manor must be notified of Shipping Claims, Damage or Loss within 10 days of receipt. Manor Auctions assumes no responsibility for lost or damaged items received through post. All shipping damage / loss claims MUST be processed and resolved through the organization by which they were shipped. Absolutely no refunds or claims may be submitted beyond 10 days of receiving a shipment. LOCAL PICKUP: Buyers are allowed to pick their items up in person at our gallery: 2811 Capital Circle NE Tallahassee FL 32308. All local pickups must take place within 15 days of the auction.
2. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Conditions provided are only the opinion of the auction house. The bidder is ultimately responsible for determining the condition of a lot. Unless otherwise described, single item lots are guaranteed authentic. If a guaranteed item is deemed "not" to be authentic by a panel of 3 competent authorities or at the discretion of the Auctioneer, a full refund of the purchase price and buyers premium shall be the limit of liability of the auction company and or its representatives. Returns must be pre-authorized and made within 10 days of receipt of purchase. Gems and Coins are tested and examined for authenticity, and are guaranteed authentic. All guarantees are void if an item has been tampered with, enhanced, altered in any way, damaged or removed from original mounting. Lots of MORE THAN A SINGLE ITEM of any product are intended as "dealer" lots. Lots of more than a single item are sold "as is, where is" absolutely no exceptions, warranties or guarantees, and the ultimate determination as to authenticity and condition is the responsibility of the bidder. The placing of a bid will be taken as full agreement to all terms & conditions. The estimated values shown after each lot are the auctioneer's estimate of what each lot is likely to realize. Generally the estimates are based on like comparable sales of equitable items in kind, like and quality. The auction house has the right to withdraw any lot.
3. ABSENTEE BIDDING: Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, Internet bidding websites, mail or fax. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and the auction floor, the auction floor will win said item at their amount bid.
4. TELEPHONE BIDDERS: All telephone bids must be submitted no less than 24 hours prior to auction. Telephone bids may be submitted via email, our website, mail or fax.
5. BIDDING: The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced "sold", the high bidder has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYER'S PREMIUM: A buyer's premium of 18% applies to all floor, phone and house absentee bids. A buyer's premium of 21% applies to all Bids placed through online bidding platforms, to include LiveAuctioneers, Bidopia / HiBid, ProxiBid, AuctionZipLive & Invaluable. A buyer's fee discount of 3% is extended to any buyer paying by cash, money order or check. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
7. PAYMENT: All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. Accepted forms of payment are cash, check, bank wire, MasterCard, Discover & Visa. Manor Auctions Reserves The Right To Require Payment By Bank Wire or Check. A buyer's fee discount of 3% is extended to any buyer paying by cash, money order or check. If payment is not received with 7 days, the auction house has the right to deem the sale "null & void" and a non-paying bidder claim / strike will be filed. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX: Florida Residents and Auction Floor Bidders are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file.
9. RESERVE: Most lots are offered without reservation. In an instance of a reserve, the auctioneer will announce the lot being sold as "having a reserve". If a lot is offered with a reserve, the auctioneer may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received we will pass the item. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
10. IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Driver's License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Manor Auctions is not responsible for any delays or losses due to false information provided at the time of registration.
11. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor. Auctioneer has the right to nullify / cancel the sale of any lot.
12. BID INCREMENTS: All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. Bid Increments are as follows:
$0 | $10
$400 | $25
$800 | $50
$1500 | $100
$5000 | $200
$10000 | $500
$20000 | $1000
$40000 | $2000
$60000 | $2500
$100000 + | $5000
13. DISPUTE BETWEEN BIDDERS: In the event of any dispute between bidders, the auctioneer shall have the sole, absolute, and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute.
14. CONSIGNORS: Consignors are NOT permitted to bid on their own items. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing your item up for auction, you have agreed to sell. We cannot discuss payment on the day of the auction. Consignors may only be paid proceeds on items for which payment has been received from a buyer.
15. GENERAL TERMS & INFORMATION: Employees and associates of the auction house are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida. This Agreement shall be governed for all purposes by the law of Florida (excluding choice of law rules). The courts of Leon County, Florida shall have exclusive jurisdiction and venue of any dispute arising under or related to this Agreement, the parties waive any right to jury trial, and in any legal proceedings, the prevailing party shall be entitled to recover its attorney's fees and other expenses and costs.
16. INTERNET BIDDING: Bidders are able to bid via one of our Internet Auction Platforms. If bidding live via the Internet, please bid quickly. We auction approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until your bid is either successful or exhausted. This means, if you leave an Internet absentee bid of $500, and the winning bid increment is $350, your winning bid is $350. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders may be subject to a different Buyer's Premium.
IN PARTICIPATING IN THE AUCTION - BIDDERS AGREE TO ALL TERMS & CONDITIONS OF SALE
All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. Accepted forms of payment are cash, check, bank wire, MasterCard, Discover & Visa. Manor Auctions Reserves The Right To Require Payment By Bank Wire or Check. A buyer's fee discount of 3% is extended to any buyer paying by cash, money order or check. If payment is not received with 7 days, the auction house has the right to deem the sale "null & void" and a non-paying bidder claim / strike will be filed. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
The lots listed in this catalog will be offered by Big Art Auctions as owner subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
All items are sold unreserved. High and low estimates are provided solely for comparison purposes and Big Art Auctions makes no warranties of any kind relating to them.
Big Art Auctions believes, to the best of its knowledge that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. Big Art Auctions makes no warranties of any kind related to the information presented in any listing. Big Art Auctions further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. 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. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
All property is sold "as is", and neither the auctioneer makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
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 into two or more selling lots. Big Art Auctions shall have no liability whatsoever for such withdrawal, addition or amendment.
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.
Big Art Auctions is in the business of locating items for sale, listing them for sale, selling them and shipping them. Big Art Auctions is not in the business of collecting delinquent accounts receivable. Big Art Auctions finds the need to do so unpleasant and a gross waste of its resources. Therefore, in fairness to Big Art Auctions and the many Bidders who do follow the agreed upon terms and conditions, violating Bidders are required to pay the following charges for forcing Big Art Auctions to spend valuable time and effort on collecting the delinquent Bidder's account and taking time away from listing items for sale and related functions.
Big Art Auctions' relationship with bidders is simple and straight-forward: Big Art Auctions finds, Big Art Auctions lists, Big Art Auctions sells, Bidder signs up, Bidder bids, Bidder wins, Bidder pays, Big Art Auctions ships. Big Art Auctions does not wish to collect any of the fees stated below. However, when a Bidder unilaterally violates the terms and conditions by not paying as agreed, and forces Big Art Auctions outside of the simple equation stated above, using valuable time and effort for non-income producing purposes, the following charges shall be vigorously applied and collected. By signing up to bid and by bidding, bidder agrees not to violate the payment provisions of these General Terms and Conditions.
Payments Include Wire Transfer, PayPal, and All Major Credit Cards. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by Big Art Auctions. A 3% Credit Card / PayPal processing fee will be added to all items.
All residents of Nevada are subject to a Nevada State Sales Tax rate of 8.1% unless a valid NV State sales tax exemption certificate is presented before the sale or if the item is shipped from another location out of Nevada.
All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Big Art Auctions is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder and this shall happen prior to placing any bid. Returns may only be made with the advance written authorization of Big Art Auctions and are in Big Art Auctions' sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in Big Art Auctions' sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by Big Art Auctions to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions.
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, Big Art Auctions shall not be liable for any amount in excess of that paid by the purchaser.
In the event that a bidder does not respond to Big Art Auctions' request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to as a non-responsive bidder and the Bidder will not be able to participate in any further auctions.
Shipping will be handled in-house unless otherwise specified. This is in an effort to maintain 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, FedEx, 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 Big Art Auctions. Big Art Auctions is not responsible for any loss resulting from items being shipped to an alternate address or recipient provided by Bidder.
We ship primarily by FedEx Ground within a commercially reasonable time following credit of the Bidder's payment to our account. On average, a Bidder may expect to receive their items within 4 to 6 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, Big Art Auctions may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. Big Art Auctions 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 Big Art Auctions' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and Big Art Auctions reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. Big Art Auctions 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. Big Art Auctions 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 Big Art Auctions' 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 Big Art Auctions 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 Big Art Auctions 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. Big Art Auctions may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of Big Art Auction's approval of a Bidder to bid in any sale, Bidder permits Big Art Auctions to add Bidder to Big Art Auctions' mailing list. Big Art Auctions will send information to Bidder relating to Big Art Auctions' activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to Big Art Auctions' 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 Big Art Auctions or third parties providing information relating to Big Art Auctions are not spam.
Any and all of the conditions may be waived or modified in the sole discretion of Big Art Auctions.
A buyer's premium of 18% applies to all floor, phone and house absentee bids. A buyer's premium of 21% applies to all Bids placed through online bidding platforms, to include LiveAuctioneers, Bidopia / HiBid, ProxiBid, AuctionZipLive & Invaluable. A buyer's fee discount of 3% is extended to any buyer paying by cash, money order or check. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.