Terms & Conditions of Sale
The property listed in this auction catalog will be offered by Millea Bros. Ltd. (Millea Bros.) as owner or as agent for its consignor(s) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Millea Bros. Ltd. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale:
1) All property is sold in "as is" condition and all sales are final. Neither Millea Bros. nor their consignor(s) make any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder.
2) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, Millea Bros.' record of the successful buyer and final sale price shall be conclusive. Millea Bros. reserves the right to withdraw, combine or divide any lot at any time before bidding commences.
3) The auctioneer has sole and exclusive discretion and authority to regulate the following bidding increments:
$0 - $100 ................$10
$101 - $500 ..............$25
$501 - $1,000 ............$50
$1,001 - $2,000 ........$100
$2,001 - $5,000 .......$250
$5,001 - $10,000 .....$500
$10,001 - $50,000 ....$1,000
$50,001 - $100,000 ...$2,500
$100,001 - $150,000 ....$5,000
$150,001 and above ...$10,000
4) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in".
5) Absentee, telephone, and Internet bidding is offered as a convenience to our customers and, while we will make every effort to carry out your instructions, Millea Bros. cannot be held responsible for errors and omissions resulting in failure to execute absentee, telephone, or internet bids.
6) Users of third-party internet bidding services shall indemnify and hold Millea Bros. and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Millea Bros. and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services.
7) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or third party packs or transports the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and Millea Bros. shall not be liable for any loss or damage that may be caused by such employee or agent. Under no circumstances will Millea Bros.' liabilities to a purchaser exceed the purchase price actually paid.
8) FOR CUSTOMERS BIDDING VIA MILLEABROS.COM: The purchase price of each lot shall consist of the amount of the successful bid plus a twenty-eight percent (28%) buyer's premium. A three percent (3%) reduction in the buyer's premium (resulting in an effective buyer's premium of twenty-five percent (25%)) will be applied to invoices paid in full by cash, check, wire transfer, ACH, or other approved cash equivalent within seven (7) days of the sale date, provided the bidder registered and placed all bids directly through Millea Bros. and not through any third-party bidding platform.
FOR CUSTOMERS BIDDING VIA INVALUABLE.COM: The purchase price of each lot shall consist of the successful bid, a twenty-three percent (23%) buyer's premium, and the applicable Invaluable Fee. Lots sold for $200 and below are subject to a minimum $10 Invaluable Fee. Lots sold between $201 and $9,999 are subject to a five percent (5%) Invaluable Fee. Lots sold for $10,000 and above are subject to a maximum Invaluable Fee of $500.
FOR ALL BIDDERS: Unless exempt by law, all purchases, including the buyer's premium, are subject to all applicable state and local taxes in effect at the time of payment.
9) All payments are due immediately upon issuance of the invoice. Payment may be made by cash, check, wire transfer, or ACH. Purchasers outside the United States must remit payment by wire transfer or by a check denominated in U.S. dollars.
FOR CUSTOMERS BIDDING VIA INVALUABLE.COM: Credit card payments are accepted, subject to an additional processing fee, provided that (1) the invoice total is less than $5,000, and (2) either the credit card is presented in person and an original signed receipt is obtained at the time of payment, or payment is made directly through our online invoice. Unless other payment arrangements are made, the credit card on file with Invaluable may be charged two (2) days after the invoice is issued.
FOR CUSTOMERS BIDDING VIA MILLEABROS.COM: Credit card payments are accepted, provided that (1) the invoice total is less than $5,000, and (2) either the credit card is presented in person and an original signed receipt is obtained at the time of payment, or payment is made directly through our online invoice.
FOR ALL BIDDERS: No property may be removed until the full amount due, including the purchase price, buyer's premium, all applicable taxes, and any other charges, has been paid in full. Millea Bros. reserves the right to hold merchandise paid for by personal check until the check has cleared. The purchaser agrees to pay a $35 handling charge for any check returned for insufficient funds. A service charge of 1.5% per month will accrue on unpaid balances beginning 30 days after the sale date. Any invoice not paid in full within 30 days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.
10) Millea Bros. Ltd. does not provide in-house packing or shipping services. The purchaser is solely responsible for the removal, packing, shipping, and transportation of all property purchased, at the purchaser's sole risk and expense, from Millea Bros. Auction Gallery, 607 Myrtle Avenue, Boonton, New Jersey 07005. Winning bidders may either (1) use the Invaluable Shipping option (Invaluable bidders only); (2) make their own arrangements directly with a professional packer/shipper of their choice; or (3) collect their purchases in person. All collections are by appointment only and may begin on the Monday following the auction. All property must be removed within ten (10) business days following the auction. Property not removed within that period will be subject to a one-time handling charge of $25 per lot and a storage charge of $5 per lot, per day, regardless of the lot's size or value. Any property remaining unclaimed for sixty (60) days following the auction shall be deemed abandoned, and title shall vest in Millea Bros. Ltd. without further notice to the purchaser.
11) If any applicable condition contained herein is not complied with by the purchaser, Millea Bros. may, in addition to any other remedies available at law or in equity: (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser; (c) cancel the sale and resell the property without reserve, in which event the original purchaser shall remain liable for any deficiency, together with all costs and expenses of resale; and (d) recover all costs of collection, including reasonable attorney's fees, court costs, and other expenses incurred in enforcing these Conditions of Sale.
NOTE REGARDING ANIMAL MATERIALS
Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description.
