The following together with or as amended by any posted notices or verbal announcements made during an auction constitute the entire terms and conditions on which property shall be offered for auction sale by Dovetails LLC doing business as Auctions Neapolitan & Gallery (referred to as "Auctioneer" or "Auction House" ), and any consignor of such property (referred to as "Seller") (collectively referred to as "WE" and/or "US") for whom we act as agent.
Registering to bid or attending the auction indicates full understanding and acceptance of these terms along with the agreement to be so bound.
1) These terms control this auction in all regards and supersede all previous announcements, advertisements and published information however distributed, except for any announcement made by Auctioneer during the auction, which will take precedence and be controlling in all instances. Auctioneer has been hired by Seller to act as Seller's agent in conduction of the auction, and Auctioneer is not serving as an agent for Bidder or Buyer.
2) Bidder must register with Auctioneer before bidding. Proper identification will be required. Auctioneer reserves the right to refuse to register a prospective bidder for any reason and to require the removal of a person from the auction site for any reason including, but not limited to: (a) tampering with auction lots; (b) any illegal conduct including collusive bidding or stealing; (d) disruptive behavior; (d) failure to abide by these terms; and (d) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the law.
3) Bidder should carefully guard his bidding number to avoid unauthorized purchases for which Bidder will be responsible. Twenty Percent (20%) Buyer's Premium is in effect for this Auction. This means a surcharge of 20% will be added to the amount of the highest bid for each lot to determine the final selling price for that lot.
4) Catalogs and brochures are guides 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.
5) 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. Auctioneer may also determine minimum acceptable increments to advance the bidding.
6) Each lot will be sold AS IS, WHERE IS with all defects and faults, no warranties or guarantees of any kind will be given, including no warranty of fitness, merchantability or suitability. Bidders should carefully inspect each lot to determine condition and contents. Good condition means generally good as should be expected for age and use. It does not mean perfect. All measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the auction, and that he relied solely on his own inspection of the lots and not on any information listed in the catalog or otherwise provided by Auctioneer, the auction staff or Seller.
Note: Certain property sold at auction may be subject to restrictions on its export or resale. For example, restrictions may be imposed under the provisions of the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, the Migratory Bird Act of 1982, C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention) and the conservation laws of the state in which the auction is conducted.
In order to export certain items, the potential successful high-bidder should research the relevant regulations to determine if he/she must obtain a special license or licenses.
Although licenses can be obtained to export some items that are the subject of these, or other laws, other items may not be exported and some property may not be resold in the United States. (Examples of regulated or prohibited items would be; Ivory, whalebone, etc.)
Prospective purchasers who intend to export or resell restricted items or items that may be restricted are solely responsible for familiarizing themselves with the laws, rules, customs, and regulations regarding export or import of restricted items and for obtaining necessary licenses BEFORE BIDDING. Auctions Neapolitan can not and does not ensure the purchasers that such licenses are or will be obtainable.
RETURNS
7) A buyer may request to return a Lot if the physical property materially differs from the information listed, or if the description is in any material respect inaccurate under the following terms:
a) Buyer bid via the Internet and was not physically present, nor was buyer represented by an agent who was present, during the auction or during any inspection period.
b) Buyer requested and received a written condition report prior to bidding.
c) Buyer paid for the lot within 10 (ten) business days of the auction.
d) Buyer made timely shipping arrangements, and item was shipped within 10 (ten) business days of payment.
d) Buyer provides notice of intent to return within a reasonable time after receiving the Property, but in no event longer than 20 days after auction.
f) Buyer returned the property to the Seller within 5 (five) business days of Notice to Return.
g) The item is in the same condition as when sold.
h) A consignor may dispute the allegations for a return. Should that occur, a letter from a recognized authority clearly defining the discrepancy must be submitted by the buyer. The consignor shall also be required to submit from their authority. Both will be reviewed and the decision of the Auctioneer shall be final and binding on both buyer and seller.
i) All shipping costs, duties, tariffs and / or other expenses incurred are non-refundable. At no time shall Auctioneer be liable for more than the fee amount earned from the consignor of the disputed lot if the buyer does not fulfill the requirements stated above.
8) The highest bidder for a lot recognized by Auctioneer will be the Buyer subject to the satisfaction of any reserve amount for that lot. A lot is sold when the Auctioneer indicates it in customary manner. Bidder agrees, without exception, that if he is the highest bidder for a lot and it is sold to him, an enforceable contract of sale is immediately formed and no further writing of any kind will be required from him to satisfy any decision, principle, rule, statute or other requirement in law or equity.
9) Bidder should assume that all Lots are reserved unless otherwise stated. Auctioneer reserves the right to bid on behalf of consignors up to, but not more than, the pre-established reserve to protect against selling at a price below the seller's reserve. This may be accomplished as necessary by placing successive bids, or bids in response to buyers' bids.
10) Prearranged absentee bids are accepted by phone, by mail, via the Internet, in person, and by fax. Absentee bids should be remitted no later than two hours before the auction begins. Absentee bidding is a convenience offered. While we do our best to execute your instructions, we are not liable or responsible for any errors or failure to do so. If you place absentee bids and then choose to attend in person, bid by phone, or by any other means, it is solely your responsibility to cancel any or all other bids prior to the start of the auction.
Neither seller nor Auctioneer is responsible for a failure to execute absentee or proxy bids caused by human error, or electronic or technical failure of any kind. Should a dispute arise between two or more bidders, the decision of Auctioneer will be final.
11) Ownership, possession, and the risk of loss from any cause pass immediately to Buyer when Auctioneer announces the sale of a lot.
a) Buyers are solely responsible for their purchases, and Seller and Auctioneer have no responsibility for lost, stolen or damaged lots.
b) Auctioneers written clerk records will be absolute in the event of a dispute.
12) PAYMENT:
a) Sales Tax: Florida Sales Tax is 6%.
Sales Tax will be added to all in-state purchases unless a valid FLORIDA resale certificate is on file before payment and pick up.
Items shipped out of state are subject to the tax rules of their state.
All purchases must be paid for and removed within 5 business days of the auction
b) Payment is due immediately.
A late fee of $10 (ten dollars) will be added on the 10th business day post auction on all unpaid invoices.
We accept Invaluable Payment system as well as inhouse payment and mailed payments. We do not accept credit cards via telephone, Fax or E-mail. *NOTE: Invaluable adds a 3% processing fee to your invoice for the convenience of using their service.
c)We accept checks via mail and checks or cash presented in person. We accept credit cards in person when they can be electronically swiped. We accept wire transfers for invoices over $3,000.
d)Our buyer's premium reflects a 3% discount for Cash or Check therefore, a 3% convenience fee will be added to your invoice for any other direct form of payment. (there is No additional fee FROM US if you use the automated system.)
e)There is a $50.00 fee charged to Buyer for any payment that fails for any reason.
f)Legal action will be instituted to collect any unpaid account and Buyer agrees to pay all costs of collection, including reasonable attorney 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.
13) SHIPPING AND PICK UP:
a)Sold Lots that remain on premises 10 business days after auction, without WRITTEN authorization, will incur a (Ten Dollar) $10 per day, per Lot storage charge. Lots that remain on premises beyond 30 days post auction WITHOUT WRITTEN authorization may be sold to settle auctioneers account. The sale terms will be the our current consignment contract MINUS any fees due.
b)Below are shipping companies in our area who have successfully shipped for other buyers:
SHIPPERS:
Pack & Ship -
[email protected] - 239-643-7272
The UPS Store:
[email protected] - 239-262-7678
LOCAL MOVERS:
On The Move - (239) 250-6683
Naples Moving & Storage - 239-434-5229
LONG DISTANCE MOVERS:
Gabriel Villabran: 561-397-9603
Concierge Trucking Service: 239-595-7614
Naples Moving & Storage: 239-434-5229
14) SAFETY AND RESPONSIBILITY
Persons attending the auction understand that the auction and site may pose both obvious and hidden dangers, defects and other perils and each person assumes the risk of all injury, loss and/or death from any cause whatsoever and Auctioneer and Seller will have no liability whatsoever. Bidder agrees to indemnify Auctioneer and Seller and hold them harmless for any injury, death or other damage to person or property at the auction site which was caused by Bidder.
15) 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 Collier, Florida. 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 its costs associated with the arbitration, including reasonable attorneys' fees.
16) 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 Auctioneer's and/or Seller's costs of collection including, but not limited to, its attorney's fees of THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of any judgment recovered against Buyer.
17) 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.
18) If there is anything relevant to the auction or these terms that you do not understand, please ask Auctioneer or a member of Auctioneer's staff to assist you. We can be reached at 239-262-7333. Tuesday-Friday from 10 to 5 and Saturdays 11-4 Eastern Standard Time. (Please note hours may be modified off-season or when an event is being held.)
