TERMS AND CONDITIONS OF SALE
If you register to bid or bid at any Dallas Auction Gallery (DAG) auction, then that constitutes the acceptance of the following conditions of sale:
1. Lots Offered for Sale
a) All lots are offered for sale in "As Is, Where Is" condition. No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or any other time, or in writing in our catalog or elsewhere, shall be construed to be an expressed or implied warranty or representation. Any such warranty is waived. Photos are for identification purposes only and may not convey all information. Regarding works of Art, Dallas Auction Gallery does not make any express or implied warranty as to the authenticity, history, or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation, or assumption of liability as to authenticity. Any such warranty is waived.
b) Approved Bidders accept responsibility for handling their own inspections and research of all interested lots. We do our best to describe every item as best we can but do not guarantee the context of the catalog descriptions. Condition reports may be available to assist when inspecting lots. All auction preview information will be posted on our website and/or auction listing. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
c) You acknowledge that our knowledge of each Lot is partially dependent on information provided by the Seller, and we are not able to and do not carry out exhaustive due diligence on each lot. Information provided to you regarding any lot, including any estimates, information in the Catalog, or condition reports, is a matter of opinion only and not a representation of fact, and is dependent upon, among other things, the condition of the Lot, the degree of research, examination or testing at the time of cataloging. Any estimates should not be relied upon as a prediction of the selling price or value of a lot and may be revised at our absolute discretion.
d) Dallas Auction Gallery reserves the right to withdraw any lot from an auction or cancel an auction and shall have no liability whatsoever for such withdrawal.
e) Some lots in our auctions are subject to reserve bids. In no case will these bids be set above the minimum pre-sale estimate. Dallas Auction Gallery will act to protect the reserve by bidding through the auctioneer on behalf of the seller. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
2. Bidding
a) The purchase price payable by a buyer will be the sum of the hammer price plus the buyer's premium as well as any applicable sales tax.
b) Buyer's Premium and Taxes - Please be reminded that the actual purchase price will be the sum of the hammer price plus the buyer's premium (In-House=25%, Online=26%) and State Taxes of 8.25%, plus if applicable any online website fees or charges.
c) If you are planning to bid or buy at our auction you must first register with our Registration Department in the saleroom. This must be done at least 30 minutes prior to the auction so that we may have time to enter your information into our system. This ensures rapid processing of invoices after the sale. You will receive a bidding paddle at this time. No bids will be taken by bidders unless they have received a paddle. If you are a new client of Dallas Auction Gallery you will be asked to supply a major credit card or bank reference at this time.
d) Dallas Auction Gallery reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the buyer. The auctioneer will have full discretion to determine the successful bidder should any dispute arise. The auctioneer will also have full discretion to reopen the bidding, cancel the sale or re-offer and resell the property. Should a dispute arise after the auction, our sale record is conclusive.
e) Although in our discretion we will execute absentee bids or accept telephone or internet bids, we are not responsible for failing to execute such bids or for any errors or omissions in connection with these bids.
f) Once the auctioneer's hammer has fallen, the title to the property passes to the buyer. At that point, the buyer assumes full responsibility for the property and shall promptly pay the full purchase price, unless other arrangements have been made in advance. The buyer will also be required to sign a confirmation of purchase. We reserve the right to impose a 15% late fee on the total purchase price if payment is not made within these guidelines. All overseas purchases must be made with a wire transfer. We will not take credit cards for overseas payments.
g) No lot will be released to the buyer until payment in full has been made to Dallas Auction Gallery including the buyer's premium and any applicable taxes, or the buyer has satisfied any terms which have been agreed to prior to the auction. Payment must be received within seven business days from the date of sale. If payment has not been received within the seven day period and no other arrangements have been agreed to in writing, the sale will be deemed failed and a dispute against the bidder will be opened.
h) If the buyer fails to comply with and of the Conditions of Sale, we reserve the right to utilize any remedies available to us by law and/or:
i. Hold the defaulting buyer liable for the purchase price
ii. Cancel the sale
iii. Resell the property without reserve at public auction with seven day written notice to the defaulting buyer.
i) All transactions will be governed and interpreted by the laws of the State of Texas and the Federal courts sitting in the State of Texas.
j) All sales are final. Under no circumstances we offer refunds or cancel bids after the lot has sold.
k) Types of Bids
i) Absentee Bids
(1) If you are unable to attend an auction, you may place an absentee bid. Absentee bids are written instructions from you directing Dallas Auction Gallery to bid for you on one or more lots. You will specify the maximum amount you are willing to pay for each lot. Dallas Auction Gallery will attempt to execute your absentee bid at the lowest possible price with consideration of the reserve price and other bids. If more than one bid is received for the same exact price, the first bid received by Dallas Auction Gallery will take preference. Dallas Auction Gallery offers this service free of charge to our customers but is not responsible for errors or failures to execute bids.
ii) Telephone Bids
(1) We do accept telephone bids for our auction. You will need to arrange this through our Client Services Department at least 24 hours prior to the auction. You will supply us with a telephone number where you can be reached and we will contact you during the auction. We do not accept any responsibility for bids that we fail to execute.
iii) Internet Bids
(1) You are responsible for registering as a bidder on their website at www.liveauctioneers.com. The buyer's premium for successful internet bidders is 26%. All bidding on the internet is in real time and will be accepted only during the actual auction.
3. Payment Terms:
a) International Customers
i) All international customers must pay by Wire/Bank Transfer. Please contact the office for wiring details.
b) US Customers
- For all transactions less than $2,000: Payment must be paid by:
1. Credit Card - In person or over the phone is acceptable
3. Bank Wire Transfer or ACH PaymentA
4. Certified Bank Check or Money Order
5. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable)
- For all transactions $2,500.00 - $5,000.00: Payment must be paid by:
1. Credit Card
2. Bank Wire Transfer or ACH Payment
3. Certified Bank Check or Money Order
5. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable)
- For all transactions greater than $5,000.00: Payment must be paid by:
1. Bank Wire Transfer or ACH Payment
2. Certified Bank Check or Money Order
3. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable)
**No credit cards payments are to be accepted unless approved by the auctioneer **
- All Jewelry, Watch, or vehicle purchases valued over $2,000.00 must be paid by either:
1. Bank Wire Transfer/ACH Payment
2. Certified Bank Check or Money Order
3. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable)
4) Shipping Terms:
Dallas Auction Gallery DOES NOT offer in-house shipping.
Shipping arrangements must be made by the buyer. All lots that have not been removed from the property within 30 calendar days from the date of the sale will be subjected to a storage fee of $10 per day per lot.
Find a list of recommended shippers at https://dallasauctiongallery.com/shipping/
National/Worldwide Shipping:
UPS Store 214-780-0877
[email protected]
UPS Store 214-745-1000
[email protected]
Navis Pack and Ship 972-870-1212
[email protected]
Shipping within Texas
Steinsholt Delivery 346-402-6427 www.Steinsholtdelivery.com
Michael D. King & Co. 972-437-1788 www.mdkandco.com
White Glove Storage & Delivery 214-748-1111
[email protected]
Free pick-up is available by appointment only. Please call 214.653.3900 to arrange an appointment.
All shippers or third parties picking up on behalf of buyers must have a Shipping Authorization form signed by the buyer.
5) Storage & Resale of Non-Collected Lots
All lot items won by bidders must be picked up by 5:00pm of the 30th calendar day after the auction date or the buyer will be responsible for any & all charges associated with storage ($10.00/lot/day), moving and/or the resale of your purchase.
All items that are not collected by 5:00pm of the 60th calendar day after an auction will be considered abandoned and will be forfeited. We do reserve the right of re-selling the forfeited lots.
Unless prior arrangements have been made with Dallas Auction Gallery, items not removed by the specified time will be picked up by a third party storage facility and the buyer will be responsible for any fees the third party requires to release the item. Please call ahead to ensure your items are ready when you arrive at 214.653.3900.
6) State of Texas Guidelines:
Per 16 Texas Admin Code 67.70 - Any complaints should be directed to:
TEXAS DEPARTMENT OF LICENSING & REGULATION
PO BOX 12157
AUSTIN, TX 78711
(512) 539-5600
WWW.TDLR.TEXAS.GOV
a) All auctioneers shall notify consumers and service recipients of the name, mailing address, website www.tdlr.texas.gov, and telephone number of the department for purposes of directing complaints to the department. The notification shall be included on any auction listing contract and on at least one of the following. This subsection is effective January 1, 2015.
b) A sign prominently displayed at the place of the auction or on any auction website.
c) Bill of sale or receipt to be given to buyers; or
d) On bidder cards.
18. These terms and conditions of sale, as well as the respective rights and obligations of DAG and any purchasers or bidder at any sale of DAG, shall be governed by and construed and enforced in accordance with the laws of the State of Texas.
19. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.
Texas Auctioneers: David Lewis #16317
