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Conditions of Sale
The following Auction Terms and Conditions (the 'Agreement') are binding on all persons or entities participating in any Palm Beach Modern Auctions' auction, whether personally, by telephone or by agent. Hereinafter, the terms 'Buyer,' 'Bidder,' You' and 'Your' refer to the undersigned who, by registering to bid and/or placing a bid in any Palm Beach Antique and Design Center's auction, acknowledges, accepts and agrees to this Agreement. If you are entering into this Agreement on behalf of a company, organization or other entity, you represent and warrant that you are authorized to bind that entity to this Agreement, in which case the terms 'Buyer,' 'Bidder,' 'You' and 'Your' refer to that entity. Hereinafter, the term 'PBA&DC' means Objects, Furnishings and Decorative Arts, Inc. d/b/a Palm Beach Antique and Design Center, and its agents, officers and employees.
Bidders will be charged a 17% buyer's premium on the hammer price of each lot purchased up to and including $75,000 and a 17% buyer's premium for any lot exceeding $75,000. The Total Sales Price of an item will be calculated as follows: the hammer price of the item, plus the buyer's premium, plus 7% Palm Beach County sales tax, unless exempt (see 'Sales Tax' below). Bidders paying by credit card or paypal will be charged an additional 2.5% credit card fee on the Total Sales Price.
Payment: Payment must be made within seven (7) days following the auction. Payment may be made by wire transfer, check,Visa, Mastercard, or American Express, however, invoices exceeding $50,000.00 must be paid by cash, check, or wire transfer; PBA&DC will not accept credit cards for invoices above this amount. Additionally, international bidders must pay by wire transfer; no other form of payment transfer will be accepted from international bidders or buyers. Buyers paying by credit card must sign and date the 'Auction Terms and Conditions Credit Card Authorization Form' and submit same to PBA&DC via fax or email. Buyer consents to the completion of Buyer's credit card transaction without Buyer's signature. Checks should be made payable to 'Palm Beach Antique and Design Center' and mailed or delivered to PBA&DC. If a buyer fails to make timely payment as required in this paragraph, PBA&DC shall be entitled, in its sole discretion, to exercise any remedies legally available to PBA&DC, including, but not limited to, the following: (a) cancellation of the sale of the property to the non-paying buyer, including the sale of any other property to the same buyer; (b) reselling the property at public or private sale, with or without reserve; (c) retention of any amounts already paid by the buyer for the unpaid items, as compensatory damages for the lost opportunity to sell the items at full hammer price; (d) rejection of any bids of the buyer at future auctions; (e) setting off any amounts owed by PBA&DC to the buyer; (f) releasing buyer's name and contact information to the consignor; and (g) taking any other action PBA&DC deems necessary or appropriate under the circumstances.
Sales tax will be added to all purchases at the rate of 7% (Palm Beach County sales tax rate) of the hammer price plus the buyer's premium. No sales tax will be charged if the successful bidder provides PBA&DC with a copy of a valid 'Resale Form' or 'Tax Exempt Certificate.' Items shipped out of state are not subject to sales tax as long as the successful bidder furnishes PBA&DC with a copy of a shipping document from a shipper showing that the lots are being shipped out of state.
PBA&DC has described each lot as accurately as possible, however, all property is sold "as is" with no representation or warranty of any kind from PBA&DC or the consignor. Measurements are approximate and are provided mainly for shipping purposes. Buyers are responsible for satisfying themselves as to the condition of, and all other matters concerning, the property, including but not limited to its authenticity and provenance, thus prospective buyers are advised to personally examine any property on which they intend to bid prior to the auction. Prospective buyers may view lots at PBA&DC auction location during the hours advertised. Not all auction items are on site, please call or email in advance to inquire about your lot number. Additionally, prospective buyers should call, e-mail, or fax PBA&DC with any questions prior to placing their bids and, as a courtesy, condition reports for any lot are available from PBA&DC prior to the sale. PBA&DC is not be liable for any errors or omissions contained in any catalog, report, inquiry response or in any other description of the Property; and PBA&DC makes no guarantees, representations or warranties to you with respect to the Property, its authenticity, condition, value or otherwise. Any statements made by PBA&DC, including all statements in any report or catalog, are intended as statements of opinion only and are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.
PBA&DC highly recommends that bidders obtain shipping quotes prior to bidding. If you would like to obtain a shipping quote prior to the auction, please contact PBA&DC by phone or email for a list of shippers, or contact your own shipper. PBA&DC provides shipping lists only as a service to its clients and any such list should not be considered an endorsement of any shipping company. Additionally, PBA&DC does not pack or ship items for insurance reasons. Final arrangements for shipping, and all costs associated with shipping, are the responsibility of the buyer. Any agreement for shipping is a contract between the buyer and the shipper; PBA&DC is not a party to any such contract and expressly disclaims any responsibility there-under. No items will be released for shipping until PBA&DC receives payment in full and all payments have cleared. Thereafter, items may be picked up at PBA&DC's exhibition facility Monday through Saturday between 11:00 A.M. - 6:00 P.M. by the winning bidders or their shippers. Please call PBA&DC the day before you intend to pick-up any item. If a shipper is picking up an item, please send PBA&DC an e-mail confirming the name of the shipper and the property to be released into the shipper's possession, and providing PBA&DC permission to release the property to your shipper. All winning lots must be picked up within thirty (30) business days following the close of the auction. After this time, each lot will become subject to storage fees of not less than $5 per day. After 180 days following the close of the auction, any lot which is not picked up will become the property of PBA&DC and may be disposed of by PBA&DC, in any manner it chooses, without recourse.