Terms & Conditions
Terms & Conditions
1. Bidding at our Auction (Florida Art Auction LLC) indicates that you have read and accepted all terms and conditions.
2. All items are sold as is, where is. All sales are final, no refunds. The total sales price is subject to sales tax unless a tax exemption form is on file.
3. A buyer's premium of 19% of the hammer price will be added to each online purchase to reach the total sales price. The buyer's premium for phone and absentee bidding done directly with the Auction House is 14% (with both pick up and in-person payment via check or cash). Any credit card fees are paid in addition to the invoice totals, for both online and in-person payments, by the buyer.
4. Acceptable forms of payment may include cash, check, credit card and domestic wire transfer. All funds must clear our bank before lots will be shipped. Credit card payments must be made through Invaluable or in person (not over the phone). We reserve the right to request bank transfer as payment. If you have a card on file with Invaluable, it will be automatically charged 3 days after you receive your invoice, unless you contact the Auction House to make payment in-person and have us note the account.
5. Complete payment is required within 5 days of invoicing, otherwise the Auction has the right to cancel the sale.
6. By bidding at the Auction all bidders agree to be bound by these terms or those supplemented, whether bidding in person, through a representative, by phone, online, or absentee bid.
7. Upon sale of an auction lot, the property title immediately transfers to the successful bidder (Buyer). The Buyer immediately assumes full risk and responsibility for the purchased item, including all costs of handling, shipping, insurance, taxes, and otherwise, and is liable for the full purchase price, plus the buyer's premium, taxes, and any other related expenses. If the shipping order is refused, returned or unclaimed for any reason, the buyer is responsible for resolving. The Auction is not responsible for packages that are lost, damaged or detained. The buyer must report and file any claims with the shipping carrier. We are not liable for any damage or loss on items bought but not removed from the premises. Items must be removed within 7 days of the sale. Any item not picked up within 30 days will be considered abandoned merchandise and will become the property of Florida Art Auction.
8. A lot will be sold to the highest bidder as determined only by the auctioneer. Only the auctioneer will resolve any disputes between bidders, determine whether to pass or re-offer a lot for sale, as well as exclude any bidder from the auction (or otherwise regulate the bidders, the bidding and its increments). Our record of sale will resolve any disputes.
9. Some lots may be offered subject to a reserve (a confidential minimum price below which the lot will not be sold)
10. The Auction will not be held responsible for error or failure to execute bids. Absentee bids must be submitted on a signed absentee bid form along with buyer's credit card information. Phone bidding may be available and must be arranged at least 48 hours prior to the auction. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY WEBSITE ERRORS VIA THE ONLINE BIDDING SERVICE.
11. Item descriptions provided may or may not include condition reports, the absence of which does not imply that the lot is in a certain condition or free from imperfections. The Auction makes no warranty as to condition and shall not be responsible for any defects. All items are available for public viewing. Item descriptions, sizes and estimates are provided for guidance only, it is the buyer's responsibility to inspect all lots prior to bidding. All lots are sold 'as is, where is' and 'without guarantees'. There are no warranties of authenticity as to artist, period, or manufacturer of any item. Under no circumstance are returns accepted or refunds issued.
12. Buyer Default: If any of the Terms of Sale are not fully complied with by the Buyer, the Buyer will be in default without need of notice by the Auction. The Buyer is liable to the Auction and the consignor for the total purchase price, including all premiums, charges, and expenses. The Auction may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased Property, by any means or c) pursue any combination of a) and b) above. In event of default, the Buyer will be responsible to the Auction and the consignor for any deficiency, any and all costs and expenses, including attorney fees, collection fees, late charges, and other damages. The Auction may apply any proceeds of sale otherwise due to the Buyer or monies of the Buyer in the Auction's possession to reduce or satisfy the Buyer's obligations. As security for full payment to the Auction and the consignor of all amounts due, the Buyer grants the Auction the right to retain a security interest in the Property purchased at auction and in any other property or money of buyer in the Auction's possession or coming into the Auction's possession (collectively, 'collateral'). The Auction shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Property is physically delivered to the buyer or the buyer's agent.
13. The Auction uses Invaluable.com for clients who choose to bid and buy online. Go to Invaluable.com for all information on how to register and bid online. The user of Invaluable indemnifies and holds the Auction and its consignors harmless against any claim arising out of or resulting from use of the Invaluable site, including all losses, damages, liabilities, fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Auction 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, this site. If you place absentee bids with the Auction and/or Invaluable and also bid in person, by phone or any other means, it is the Buyer's sole responsibility to cancel any or all absentee bids prior to the start of the auction and if the Buyer does not, regardless of reason, they will be held responsible for the property's purchase.
14. Purchasing items, registering, or any forms of communication with the Auction allows permission of emails and/or other information strictly for auction promotional and communication uses.
