Karburys Terms & Conditions of Sale
Auction House has the right, at our complete discretion, to refuse admission to the premises or participation in any auction.
Items Sold "As Is, Where Is".
All items or lots are sold "AS IS, WHERE IS." NEITHER WE NOR THE CONSIGNOR OF THE ITEM BEING OFFERED FOR SALE MAKE ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY. ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS OR GRANT REFUNDS.
Burden on Bidder to Inspect Items Prior to Bidding.
Prospective Bidders should inspect the lot prior to bidding to determine its condition, size and other considerations. Descriptions of items appearing in advertising are believed to be correct and true, and condition reports for each lot are usually available upon request as a courtesy to buyers. Neither Karbury's nor the seller provides any guarantee in relation to the nature of the property. Auction House shall have no responsibility for errors and omissions. The Auction House will assert best effort to provide additional information and images to prospective Bidders if requested, necessary, and available. In any case as a condition report is subjective, the Auction House neither guarantee nor imply that no other defects may be present that have not been stated; more so, an absence of condition report does not imply that there are no defects or restorations on a lot. Descriptions or any oral statements made by the Auction House or its representatives concerning any item shall not be construed as a warranty, either expressed or implied. The Auction House is not responsible for any errors or omissions. Our printed materials (e.g. partial catalogs, Catalogs, or advertisements) are meant merely as a guide, not a guarantee. All statements contained in the catalog or in any bill of sale, condition report, 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. No employee or agent of Auction House 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.
Bidder Previews.
We may offer Prospective Bidders the right to inspect the items offered for sale in person, (a "Bidder Preview."). PROSPECTIVE BIDDERS ARE STRONGLY ADVISED TO EXAMINE PERSONALLY ANY PROPERTY IN WHICH THEY ARE INTERESTED BEFORE THE AUCTION TAKES PLACE. Some items can be large and/or heavy and can be dangerous if mishandled;should you handle any items for viewing on our premises you do so at your own risk.We reserve the right to refuse Bidder Previews to any person at any time in our sole and exclusive discretion.
Pre-Sale Estimates.
As a convenience to our purchasers, we furnish pre-sale estimates for all materials included in the auctions. These estimates are approximate valuations only and are not to be construed as prices. Bidding normally begins at about one-half the low estimate, but the final bid price may well be less than or more than any estimates printed. We reserve the right to determine the bidding value on any item to start the bidding.
Right of Withdraw.
Auction House reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. We also reserve right to divide and combine lots at any time before such property's auction. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lots shall be divided or combined for sale
Reserves.
All lots may be offered subject to a reserve, which is a confidential minimum price below which the lot will not be sold,and is agreed to between Auction House and the seller. Auctioneer has the right to bid on behalf of the seller, whether by opening bidding on any lot below the reserve or the auctioneer may continue to bid on behalf of the seller up to the reserve amount, either by placing consecutive bids or placing bids in response to other bidders. If the reserve amount is not met, the Auction House has the right to withdraw the item from the sale. If Auction House has an interest in an offered lot and the proceeds thereof other than our commissions, we may bid therefrom to protect such interest. With respect to lots offered without reserve, the Auctioneer has sole discretion to determine opening bid amount. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS. SHILL BIDDING IS STRICTLY NOT ALLOWED AND SHALL NOT BE TOLERATED.
Registration Required.
All Bidders are required to register pursuant to the Account Guidelines set forth in the general Web site Terms and Conditions. In order to bid on an item or lot, Bidder shall further be required to provide: (1) a valid proof of identification, such as a passport or driver's license, (2) re-sale permit, if applicable, (3) production of bank or other financial references, (4) registration deposit, (5) an authorization for proxy bidding, if appropriate, and (6) any other documentation that we may in good faith require. Only those registrations that are submitted no less than twenty-four (24) hours prior to auction shall be considered for an auction. Registrations submitted less than twenty-four (24) hours before the start of auction are only approved based on the discretion of the Auction House.
Deposit Required.
Typically, a registration deposit is not required. However, we do require a credit card to be retained on file as part of your registration. We will also verify the credit card to confirm that it is a valid and active account.
Right of Refusal.
We reserve the right to reject a bid from any Bidder, to split any bidding increment, to advance the bidding in any manner the auctioneer may decide, and to refuse bids in the best interest of the Auction House. In the event of any dispute between Bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and absolute discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
Purchase, Hammer Price.
Upon the auctioneer's statement of "sold or fall of the auctioneer's hammer," the highest Bidder or authorized agent shall have purchased and acquire title to the offered lot in accordance with and subject to compliance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefor, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full for all lots purchased.
As used herein, the term "hammer price" means the price at which a lot is successfully sold to the highest Bidder. The term "purchase price" means the aggregate of (a) the hammer price, (b) a 20% Buyer's Premium, which shall be added to the winning bid price of each lot purchased, retained by us and payable by the Buyer, (c) any service fees, and (d) state or local sales tax and/or other applicable taxes unless the Bidder is exempt by law. Sales tax will be applied without exception, unless the winning Bidder provides a valid and current re-sale certificate at or prior to time of payment. For online bids, an additional premium will be added for buyers using www.liveauctioneers.com or www.Invaluable.com. The additional internet fees are charged by the internet companies. Refunds shall be at the sole discretion of the Auction House, and if refund is granted to the Bidder, the Buyer's Premium shall be treated as a non-refundable restocking fee.
Conditions of Sale.
Sold lots may not be transferred. Payment in full is precondition to removal of any item. Any person placing a bid as agent on behalf of another, whether or not such person has disclosed that fact or the identity of the principal, shall be jointly and severally liable with the principal under any contract resulting from the acceptance of a bid. All sales will be completed at the discretion of the Auction House. Auction House reserves the right to cancel any sales and deny future transactions with of any Bidder if these Terms and Conditions of Sale are not met.
If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, Auction House shall be entitled in our absolute discretion to exercise one or more of the following rights and remedies: (i) right to hold the Purchaser liable for the purchase price and to commence legal proceedings for its recovery together with interest, legal fees, and costs, (ii) cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or (iii) resell the property, either publicly or privately, and in such event the Purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages, (iv) offset any amount which Auction House may owe the Purchaser in any other transaction against the outstanding amount remaining unpaid by the Purchaser, (v) reject any future auction bids made by or on behalf of Purchaser, and (vi) obtain to a deposit from the Purchaser before accepting any further bids.
For completed terms and condition please visit our website at
http://www.karburys.com/buyingterms.
Shipping Terms
Buyer is responsible for all packing and shipping costs. We do not provide in-house shipping service. We can provide buyer with a list of shippers. We will not be responsible or liability for the acts or omissions nor any loss or damage to item(s) by the shipper. The property will not be released until payment for the item(s) has been made in full, and the buyer has provided us with a signed release for the item(s).
As a courtesy to our Bidders, the Auction House will assist in the packing of lots whenever possible; however we will not be liable for any damages regardless of the cause. Removal shall be at the expense, liability, and risk of the successful Bidder. The Auction Company shall not be responsible for delivery. We reserve the right to hold purchases pending payment clearance. Lots purchased must be picked up within five (5) calendar days from auction date or the successful Bidder must arrange shipping within (5) calendar days from auction date. The Auction House may accommodate to ship lots, if requested by the purchaser, at the purchaser's expense. Packing and shipping of purchased lots is at the entire risk of the buyer. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser or a sale otherwise cannot be completed, our liability shall be limited to the sum actually paid by the buyer and shall in no event include any compensatory, incidental or consequential damages.
If a purchased lot or item is not removed within the pickup period, a storage fee of Five U.S.Dollars and No/Cents ($5.00) per lot per day will be payable to us by the buyer beginning at the close of the Fifteenth (15th) calendar day following the auction sale, and we may thereafter transfer such property to an offsite warehouse at the purchaser's risk and expense. If the purchased and paid lot remains uncollected after six (6) months, or when the storage fee exceeds the amount paid for the lot, we shall consider the lot as abandoned, and the lot shall become asset of the Auction House. All sold and unsold lots may be transferred from one location to another from time to time by us, and we shall not be liable for any damages on unclaimed properties during this transportation.
It shall be Bidder's sole duty and responsibility to settle and comply with all export-import regulations, licenses, permits, duties, and fees relating to the sale and/or delivery of purchased goods. The delay or failure in exporting or delivery of a lot to the successful Bidder due to failure to secure necessary permits or licenses shall not be recognized as a reason to delay remittance of payments and applicable charges or to cancel a sale.
