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Terms and Conditions
Auctioneer, Bidder, Buyer and Seller shall agree to be bound by the following terms, conditions and rules of the Auction as shown below. Please make sure you have read the Terms and Conditions before you bid.
Any bid placed by you guarantees Burchard Galleries you have read the following terms and conditions of the sale. These terms & conditions control this Auction in all regards and supersede all previous announcements, advertisements, catalogs and published information however distributed. All announcements from the Auction block will take precedence over any Internet description or printed material.
Our Internet descriptions and printed materials are meant merely as a guide. The Auctioneers do not warrant the accuracy, genuineness, authenticity, condition, description, weight, count or measure of any of the lots specified herein. Please make yourself familiar with the merchandise you are bidding on, and again, the terms and conditions of the sale. The items sold are often of considerable age and will exhibit wear, show usage and/or damage often NOT LISTED IN THE CATALOG ENTRY. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition.
Please determine condition, genuineness and/or authenticity BEFORE you bid as all items are sold "As is, Where is"! All sales are final. Statements made by Auctioneer and/or staff of Auctioneer are opinions only and should not be construed as statements of fact. All sales are recorded.
1) REGISTRATION: Bidder must register for the Auction before his/her bid will be accepted. Proper identification and credit card information will be required. Auctioneer reserves the right to refuse to register any prospective bidder for any reason.
2) BUYER PREMIUM: All Internet auction bidders are subject to a standard 20% buyer's premium which will be added to the hammer price for each lot sold plus applicable sales tax. See payment terms below. NO CHECKS!
3) PAYMENT: Absentee and Internet sales must be paid for within 5 BUSINESS DAYS of the sale or, at the Auctioneers discretion, the sale may be considered null and void. Any loss incurred by the Auctioneers as a result of this delinquency will be charged to the non performing buyer. If payment is not received prior to the 10th calendar day after the auction, a Dispute will be filed. Please do not make payment until you have received an official invoice from Burchard Galleries.
Acceptable forms of payment include MasterCard, Visa, Discover, American Express and Bank Wire Transfer except for total purchases over $5,000 which requires a wire transfer. Charge Cards may also be accepted via the Internet through PayPal sent to [email protected] (PLEASE NOTE THAT IF YOU PAY VIA PAYPAL YOU ARE ABSOLUTELY REQUIRED TO INSURE YOUR PACKAGES FOR THE FULL AMOUNT OF YOUR INVOICE) and only when address can be verified. NO CHECKS!
4) BIDDING INCREMENTS:
$0 - 499 $25 increments
$500 - 999 $50 increments
$1,000 -2,999 $100 increments
$3,000- 9,999 $250 increments
$10,000 -19,999 $500 increments
$20,000 + $1,000 increments
Please adhere to the bidding increments shown above. It is possible that a lot could go to another bidder for the same amount as your absentee bid. For example, if your maximum Internet bid on an item is $325.00 and, the required opening bid is $300.00, the Internet auction software will only bid $300.00 since that is all that is required to start the Auction. The Auction begins with you at $300.00. The next increment would be $325.00. If no one else bids, you are the winner at $300.00. If a live auction bidder bids $325.00, they are at $325.00, not you. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation. Please check Section 14 (B) concerning tie bids.
5) IMPORTANT NOTICE: Burchard Galleries usually auctions items at the rate of 60 - 90 lots per hour. On some occasions the bidding software or your Internet connection may not be able to keep up with the pace of the auction. We recommend placing a realistic absentee bid for the live Internet auction before the Auction begins as insurance to avoid disappointment. Occasionally, the Auctioneer may eliminate or reject an Internet bid or the auctioneer may reopen a lot after the close of the Internet live bidding. This action may be due to the Auctioneer missing an in house floor bid. In this case, we may reject your bid even if it shows you as the winning bidder. By bidding via the Internet, you agree that Burchard Galleries may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances. Internet bids are treated just like floor bids. In some cases, due to Internet lag time, the floor may respond before the Internet bid is presented to the Auctioneer. For consistency, we have made it a policy that floor bids are always considered first over tie Internet bids.
6) SHIPPING AND PACKING & INSURANCE: We use 3rd party shipping & packing. Arrangements and costs are the sole responsibility of the buyer. Buyer will pay packing, shipping and insurance costs as charged directly to the professional company of his/her choice. Buyer should request a shipping quote prior to bidding. We do require tracking ability in most cases. BUYER SHALL ARRANGE & PAY FOR SHIPPING! ALL PACKING & SHIPPING IS OUTSOURCED. WE DO NOT PACK. Shipping is not refundable.
a) Shipping estimates can be obtained by emailing pertinent Auction information such as the Auction lot #s and Auction date along with your zip code or country per instructions listed in the section related to shipping.
b) All shippers will be responsible for picking up purchases at our gallery no later than 5:00 P.M. on the twelfth (12th) business day following the end of the Auction unless prior arrangements have been made with Burchard Galleries Inc.
7) STORAGE AND HANDLING FEES: Applicable fees will begin to accrue on the 13th day following the Auction in the amount of $10 per item per day until removal or if left over 60 days from the date of the Auction, the item(s) will be considered abandoned and will be placed in a subsequent auction and sold to the highest bidder without reserve with all proceeds being retained by the Auctioneers. Please note that removal deadlines are STRICTLY ENFORCED. Shippers must retrieve all items at 2528 30th Avenue North, St. Petersburg, Florida, 33713. We are open 9am - 5pm, Mon.- Fri.
8) ESTIMATES & RESERVES: Pre-sale estimates are intended as guides and may not be reflective of the actual gavel price. Some of the items in this Auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Burchard Galleries Inc. The reserve will not be higher than the low estimate.
9) AUCTION CATALOGS: Catalogs, brochures and Internet descriptions are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. Auctioneer will not be liable for any errors or omissions. Statements made by Auctioneer and/or staff of Auctioneer whether oral or written, are opinions only and should not be construed as statements of fact.
10) AGENCY: Auctioneer has been hired by Seller to act as Seller's agent in conduction of the Auction. The Auctioneer is not serving as an agent for Bidder or any Buyer.
11) AUCTIONEER DISCRETION: The Auctioneer, at his/her discretion, may reject any bid not commensurate with the value of the article offered. Auctioneer reserves the right to withdraw any lot, or portion of a lot, from the Auction or to cancel the entire Auction without notice or liability to Auctioneer or Seller. One bid only does not necessarily constitute an Auction and the lot therefore may be withdrawn if only one bid is realized. The Auctioneer may reject nominal bids, small opening bids or very nominal advances made with purpose of disparaging an item.
12) TERMS OF GUARANTEE: Each lot will be sold AS IS, WHERE IS with all defects and faults. No warranties or guarantees of any kind will be given by Seller or Auctioneer including any warranty of fitness, merchantability or suitability. Bidders should, whenever possible, carefully inspect each lot to determine condition and contents. All weights, counts and measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the Auction and that he or she relied solely on their own inspection of the lots and not any information listed in the catalog or otherwise provided by Auctioneer, the Auction staff or Seller. It is the responsibility of the buyer to obtain all possible lot information prior to bidding. If you are not completely satisfied with an item before you bid, DO NOT BID.
RUGS: Burchard Galleries Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate.
JEWELRY: Regarding jewelry, all weights, grades, sizes, and metal content(s) are approximate.
CLOCKS & WATCHES: Due to their delicate nature, all clocks and watches are sold as not working even though they may be just fine.
ANTIQUES: Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be noted in the description.
Buyers who would like to know the fine points regarding condition should call 727.821.1167 prior to the Auction. We would prefer that you examine the items before you place a bid.
All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, expressed or implied. Each and every lot is sold AS IS. All announcements from the Auction block will take precedence over any printed material.
13) LIMITED RETURNS ARE PERMITTED AS FOLLOWS: (a) If it is determined to Burchard Galleries Inc satisfaction that the physical condition of the property materially differs from what was described in the information listed and/or contained in the written condition reports received or if the description is, in any material respect, inaccurate OR (b) The buyer had requested and received a written condition report prior to bidding AND (c) The buyer provides notice of intent to return the item within 24 hours following receipt of the property AND (d) The buyer returns the property to Burchard Galleries Inc in the same condition as when sold within 10 (ten) days of receiving the property. Shipping is non refundable. (e) Burchard Galleries will attempt to contact buyer to confirm receipt of item, however, if unable to contact buyer after 5 days of a delivery date, we will assume acceptance. (f) It is also a Burchard Galleries Inc policy to have the purchaser obtain, at the purchasers expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Burchard Galleries Inc and the purchaser, before Burchard Galleries Inc determines whether to rescind the sale under the above guarantee. The purchaser's sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Shipping is non refundable.
14) WINNING BIDDERS: The highest bidder for a lot as recognized by the Auctioneer, will be the Buyer, subject to the satisfaction of any reserve amount for that lot. A lot is sold when the Auctioneer indicates such in the customary manner. Please see Important Notice #4 above. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers' bids. Auctioneers reserve the right to invoke Auctioneers discretion at any time during the bidding process.
15) INTERNET BIDDING: All bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Internet bidding is a convenience offered to our customers and Auctioneer and the Auction Staff are not responsible for you not winning your bid(s) due to any human error, electronic or technical failure of any kind. If you place absentee bids on the Internet, then choose to attend in person, bid by phone or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the Auction. The Auction House is not liable or responsible for any errors or failure to do so.
16) TIE BIDS: In the event of a tie between (A) an Internet absentee or Internet live bidder and (B) a floor bidder (persons attending the Auction or participating on the telephone), the floor bid will take precedence and the floor bidder will be the winner of the bid. NOTE: In the event of a discrepancy between the House recording of the bid and the Internet auction recording of the bidding, the House recording will take precedence.
17) POOLING: Bid rigging is a very serious crime and any illegal conduct by bidder or others will be immediately reported by Auctioneer to the U.S. Attorney and Department of Justice for investigation and prosecution to THE FULLEST EXTENT OF THE LAW. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. Auctioneer reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring.
18) OWNERSHIP: Ownership, possession and the risk of loss from any cause passes immediately to Buyer when Auctioneer announces the sale of a lot. Buyers are solely responsible for their purchases, and Seller and Auctioneer will have no responsibility for lost, stolen or damaged lots. Auctioneers clerking records will be absolute in the event of a dispute.
19) SALES TAX EXEMPTION: Pinellas County Florida State Sales tax is 7%. Applicable Sales or use taxes will be added to the purchase price of all taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to Burchard Galleries to avoid paying sales tax. Out of state Internet buyers are sales tax exempt unless you elect to pick up your item(s). In that case, to be exempt, you must present a valid Resale Certificate from you state and complete and sign an affidavit stating all items purchased are for resale out of state.
20) LEGAL DISPUTES: Bidder agrees that any controversy or claim arising out of this Auction, or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other all costs associated with the arbitration, including reasonable attorney's fees. Notwithstanding, this requirement for binding arbitration, the parties agree Auctioneer and Seller retain their right to pursue a traditional lawsuit against any Buyer for the collection of any payment due them by the Buyer for any purchase at the Auction and it is agreed that in that event the defaulting bidder will be responsible for all of Auctioneers and/or Sellers costs of collection including reasonable attorney's fees of THIRTY THREE AND ONE THIRD PERCENT (33 1/3%), plus a finance charge of TWO PERCENT (2%) PER MONTH (24 PERCENT PER ANNUM) from the date of the Auction until the balance is paid in full.
21) DAMAGE AND/OR LOSS: Auctioneer will have no responsibility for any loss or damage resulting from Auctioneer's staff carrying, handling or loading any item(s) for any person. The auction house is not liable for damage or loss of items not removed by 5pm on the 12th calendar day after the auction per the Terms & Conditions.
22) ACCEPTANCE OF TERMS: Registering to bid and or placing a bid of any kind indicate to us that bidder has full understanding of the terms and conditions and accepts these terms along with the agreement to be so bound. Terms may not be amended in any way except by a signed, written agreement between Auctioneer and Bidder. If there is anything relevant to this Auction that you do not understand, please ask Auctioneer or a member of Burchard Galleries staff to assist you. We want your Auction experience to be an informed and positive one.
23) This Agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between them will be in the County of Pinellas, Florida.
BURCHARD GALLERIES INC
International Estate Antiques& Fine Art Auctioneers
Offices & Showroom: 2528 30th Avenue North St. Petersburg, Florida 33713
Florida Licenses AU 322 / AB 169
727.821.1167 FAX 727.821.1814
THIRD PARTY PACKING AND SHIPPING: Buyer pays the shipping company directly for the packing, shipping and insurance costs. Removal deadline is the 2nd Friday after auction or storage fees will apply. All shipped items are tracked.
If items need to be stored for more than 10 days purchaser dives up right of refusal.
SMALLER ITEMS (all ship US & International)
Includes most artwork, sterling, china, crystal, art glass, etc.
FAMILY PAK and SHIP - Owner Frederic Guette, Winner of the St. Petersburg Award in Packing & Shipping Services 2019 & 2020 UPS, FEDEX, DHL and USPS (727) 865-2320 Fax (727) 865-2474 [email protected]
THE UPS STORE 6173 - *Under new management* Rian Fehrman UPS, FEDEX, DHL & USPS
(727) 528-7777 Fax (727) 528-2063 [email protected]
SENDING TLC - *Newly added shipper - your feedback is welcome* Stacie Hollon UPS, FEDEX, DHL & USPS
(727) 520-1314 Fax (727) 520-9613 [email protected]
THE UPS STORE 6254 - *Newly added shipper - your feedback is welcome* Steve Furrow UPS, FEDEX, DHL & USPS
(727) 367-1050 [email protected]
NAVIS PACK & SHIP (863)-279-1335
https://www.gonavis.com/location/home/lakeland/fl15010 [email protected] (U.S. & International)
ORBIT PROFESSIONAL PACKING CRATING (888) 247-8540 or 727-507-7447
[email protected] www.orbitppc.com (U.S. & International)
CRATERS & FREIGHTERS (813) 889-9008 (877) 448-7447 Fax (813) 884-8393
[email protected] www.cratersandfreighters.com (U.S. & International)
THE UPS STORE (Store #6173) - *Under New Management* Rian Fehrman UPS, FEDEX, DHL and USPS
(727) 528-7777 Fax (727) 528-2063 [email protected]
REX MOVING- Gale Valente (727) 545-8323 [email protected] www.rexmoving.com
*PLEASE BE ADVISED WE DO NOT WORK WITH CAPITOL SHIPPING or UPS STORE 6886, ALAN BAER, THEREFORE YOU MAY NOT HAVE THEM PICK UP ITEMS FROM OUR GALLERY
Please contact [email protected] for additional shippers.
THINGS TO REMEMBER:
A) Buyer must contact shipper for estimates and to make shipping arrangements.
B) Shipping Payment: Buyer must pay shipper, not Burchard Galleries. You may pay shippers with PayPal or by major credit cards. Shipper will retrieve all items at 2528 30th Avenue North, St. Petersburg, Florida, 33713. We are open 9am to 5pm, Mon. through Fri.
C) Storage Fees of $10 per day per lot may apply on the 13th day after the auction if your item is still here.
AUCTION HOUSE CONTACT: Sarah at [email protected]alleries.com or call 727.821.1167 / 800.520.2787 if you have a question or problem.
By bidding at our auction, whether in person, by phone, absentee bid, or on the internet, you agree to be bound by the following terms and conditions. As used in the following terms and conditions, "SA," "GSA," "We," and "Us" refers to "Shapiro Auctions, LLC."
1. A buyer's premium is added to the successful hammer price of every lot purchased via invaluable.com and its partners/subsidiaries, which the purchaser of the lot agrees to pay along with applicable taxes as part of the total purchase price.
30% on the first $100,000 of the Hammer Price;
25% from $100,001 to $2,000,000 of the Hammer Price; and
17% on any amount of Hammer Price in excess of $2,000,000.
2. Payment for auction lots and premiums must be received withing seven days of the auction date, and can be made by cash, check, money order, bank wire transfer, credit card (Visa, Mastercard, Amex), or paypal. For payments by credit card or paypal, the maximum invoice amount on which payments are accepted is $5,000, and a 3% surcharge to the entire purchase price, including buyer's premium and any other charges, is added to the invoice. We reserve the right to require payment by methods other than credit card or paypal for any reason. All payment must be made in US Dollars.
3. For purchases picked up or delivered in New York State, unless exempted by the law, the purchaser will be required to pay the combined New York State and local sales tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price including buyer's premium. Purchases picked up in New York State or delivered to locations in New York State are subject to sales or compensating use tax of such jurisdiction, and SA is required by law to collect and remit the appropriate sales tax in effect in New York State unless appropriate documentation of exemption is provided. Buyers claiming exemption from sales tax must have the appropriate documentation on file with SA prior to the release of the property. If property is delivered to a state where SA is not required to collect sales tax, it is the responsibility of the purchaser to self-assess any sales or use tax and remit it to taxing authorities in that state. SA is not required to collect sales tax for property delivered to the purchaser outside of the United States.
4. Any items bought by phone, absentee bid, or online, or otherwise not picked up in person on the auction day, will be stored by SA and will be made available for pick-up by appointment. It is the responsibility of the purchaser to contact SA after payment to arrange for pick-up or shipment via their preferred carrier.
5. The items offered for sale by Shapiro Auctions, LLC. are offered either as agent for consignors or by us as owner. The contract for sale of the items is made therefore between the consignor of the property and the buyer. In cases where we own the property, the contract for sale is made between us and the buyer.
6. Bidders should personally examine each lot on which they will be bidding, in order to determine condition, size, and restoration or repair. All items are sold as-is and where-is. Shapiro Auctions, LLC. disclaims any express or implied warranties or guarantees as to the authenticity, condition, merchantability, fitness for a particular purpose, correctness of the catalog or supplemental material, or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property. No statement made anywhere, by us, our employees, officers, or agents, whether written or verbal, shall be deemed such a warranty or assumption of liability. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purposes. Photographic images of items being offered, whether provided in print or online, as well as references in the catalogue entry or condition report to damage or restoration are for guidance only and are provided as a convenience to prospective bidders. The absence of any reference in a condition report or photograph does not imply that an item is free from defect or restoration, nor does a reference to particular defects imply the absence of any others. Neither SA nor its consignors are responsible in any way for errors and omissions in the catalogue, condition reports, or any other supplemental material. All sales are considered final with the following exception: SA will agree to a refund of the purchase price if within twenty-eight (28) days of purchase, the purchaser obtains and sends to SA a signed written letter from a mutually recognized expert or authority on the artist stating unequivocally that the work is a forgery or not by the represented artist. The purchase date is the date of the auction. The choice of expert or authority must be mutually agreeable to SA and the purchaser. This exception will only apply to a work signed by the artist and not to an attribution, manner of, school of, circle of or follower of a particular artist. The letter must be signed, and on letterhead of the recognized expert or authority. Any exceptions to this rule must be specifically approved by SA.
7. A prospective buyer must complete and sign a registration form before bidding. SA reserves the right to require bank or other financial references for participation in the auction or bidding on a specific lot. SA has the right at our complete discretion to refuse any individual bidder's participation in any auction. When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Shapiro Auctions, LLC. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to us, and the we will only look to the principal for payment.
8. We reserve the right to withdraw any property before or during the sale and shall have no liability whatsoever for such withdrawal.
9. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
10. Shapiro Auctions, LLC. and its auctioneer have the right at our absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as we may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. We reserve the right to reject any bid. Subject to our discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and conclusion of a contract for sale between the seller and buyer.
11. All lots in this catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. If any lots in the catalogue are offered without a reserve, such lots will be designated in the description of that particular lot. Reserves are agreed upon with consignors or, the absence thereof, in the absolute discretion of SA. We may implement reserves by opening the bidding on behalf of the consignor and may bid up to the amount of the reserve, by placing successive or consecutive bids for a lot, or bids in response to other bidders. In instances where we have an interest in the lot other than our commission, such lot will be designated with a "F" symbol before the artist's heading in the printed version of the catalogue, and we may bid up to the reserve to protect such interest. In certain instances, the consignor may pay us less than the standard commission rate where a lot is "bought-in" to protect its reserve. If the auctioneer decides that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article.
12. Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon (a) assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames or glass covering prints, paintings, and other works) and (b) will immediately pay the full purchase price or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of the annual percentage rate of 12%, of the total purchase if payment is not made within seven days of the sale. All property must be removed from our premises by the purchaser at his expense not later than 10 business days following its sale and, if it is not so removed (i) a handling charge of 1% of the total purchase price per month from the tenth day after the sale until its removal will be payable to us by the purchaser, with a minimum of 5% of the total purchase price for any property not so removed within 60 days after the sale, and (ii) we may send the purchased property to a public warehouse for the account, at the risk and expense of the purchaser. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased property, whether at public auction or by private sale, or (z) effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us, or any payment made by the purchaser to us, whether or not intended to reduce the purchaser's obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us. In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, and we may retain and apply such property or money as collateral security for the obligations due to us. We shall have all of the rights accorded a secured party under the New York Uniform Commercial Code. Payment will not be deemed to have been made in full until we have collected good funds, and we shall be entitled to retain items sold until all amounts due to us have been received in full in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require. In the event the purchaser fails to pay any or all of the total purchase price for any lot and SA nonetheless elects to pay the Consignor any portion of the sale proceeds, the purchaser acknowledges that SA shall have all of the rights of the Consignor to pursue the purchaser for any amounts paid to the Consignor, whether at law, in equity, or under these Conditions of Sale.
13. SA is under no obligation, but may agree, to package and ship an item at the request of the purchaser. The purchaser agrees that packaging, shipping and handling is at the absolute risk of the purchaser. The purchaser will pay all costs including, but not limited to, the handling and insurance associated with shipping. SA will be held harmless from any claim and any rights of subrogation from an insurance carrier are waived against SA. We are not responsible for the acts or omissions of third parties whom we might retain for the purposes of handling, packing and shipping. Similarly, where we may suggest handlers, packers or carriers, we do not accept responsibility for their acts or omissions.
14. We are under no obligation to assist in applying for an export license, but if the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer where payment is made by the buyer in circumstances where an export license is required.
15. We will use reasonable efforts to carry out written bids delivered to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. If we receive written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with it. With regards to telephone bids, if a prospective buyer makes arrangements with us prior to the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone but we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. We are also not liable for any failure or execution to take bids submitted to us via third party internet sites, nor are we liable for any technical difficulties involved in receiving those bids.
16. In no event will our liability to a purchaser exceed the purchase price actually paid.
17. We reserve the right to retain, publicize, and publish any photographs and descriptions of property we offer both prior to the auction and afterwards. We reserve the right to publicize and provide the results of any sale, including images, on our own website as well as to any third party we choose, including online auction-result databases. All images, text, photographic reproductions, and design in this catalogue are subject to copyright and may not be reproduced without our explicit written permission. We and the consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property.
18. Prospective purchasers are advised that several countries prohibit the importation of property containing materials from endangered species, including but not limited to coral, ivory and tortoiseshell. Accordingly, prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import this lot into another country. Please note also that certain property sold at auction, for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, whalebone, tortoiseshell, etc., irrespective of age or value, may require a license or certificate prior to exportation, and additional licenses or certificates upon importation to another country. SA suggests that buyers check on their government wildlife import requirements prior to placing a bid. Pleaes note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import licenses and/or required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price of the lot.
19. If any part of these terms and conditions of sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. These conditions of sale, as well as the purchaser's and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether present in person or by agent, order bid, telephone or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of New York.
20. SA reserves the right to waive or modify the conditions and terms of sale by written agreement.
Bidding on any item indicates your acceptance of these terms and conditions, as outlined above.
PayPal or Contact Burchard Galleries to pay by Credit Card. Purchases totaling over $5000 require a wire transfer. No checks please! PAYMENT DUE WITHIN 5 DAYS OF AUCTION.
For PayPal, please use the link in the Invoice and don't pay till you receive the Invoice which will include the buyers premium and taxes if applicable. Please notify us if the link does not work. (PLEASE NOTE YOU ARE ABSOLUTELY REQUIRED TO INSURE YOUR PACKAGES FOR THE FULL AMOUNT OF YOUR INVOICE)
Your invoice WILL NOT include shipping as we do not pack or ship!
If you do not receive an invoice within 24 hours of the auction, please contact us. Any sale not paid for within 5 days of the Auction may be canceled at the Auctioneers discretion, resulting in blocking from future bidding. Any loss resulting from this action will be charged to the defaulting buyer.
Email messages directly to [email protected] or call 727.821.1167
YOUR BID IS YOUR CONTRACT.
Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding
The auction house buyer's Premium for Auction Zip is 15 percent. Auction Zip's premium is 5 percent, making a total of 20 percent. The buyer's premium will be separated on your invoice.
Local Taxes will apply. If you are located outside of Florida, you are responsible for your local taxes and/or duties.