The lots listed in this catalogue are being offered by Atlanta Auction Gallery, LLC as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Potential buyers advised to personally inspect any lot in which they are interested in before the auction begins. Condition reports are available up to 24 hours before the auction begins. All lots are sold 'AS IS' and without recourse and neither Atlanta Auction Gallery LLC (hereinafter AAG) nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. AAG nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to salability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. AAG and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. AAG expressly reserves the right to reproduce any image of the lots sold in the catalogue.
AT THE SALE
AAG reserves the right to refuse admission to the premises and/or participation in any auction including rejecting bids.
A prospective buyer must complete and sign a registration form and agree to the terms and conditions of the sale before bidding. We may require a credit card on file before approval.
When making a bid, a buyer or bidder is accepting personal liability to pay the total price including buyer?s premium, sales tax, and other applicable charges. Unless explicit consent is given prior to beginning of auction, that the bidder is acting as an agent for a third party, AAG will hold the bidder liable for payment.
We will accept written bids given to us prior to the beginning of the sale by the bidder or third party agent in person or via telephone. Absentee bids are a courtesy given and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. We will make two attempts to reach the bidder by telephone. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Some lots in the sale are subject to a reserve price which is the minimum price which the item must reach for it to be sold. Reserves are agreed upon with the consignors or the sole discretion of AAG. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. Lots offered without a reserve will usually start at half of the low estimate, unless there are already competing bids. At the auctioneer?s discretion, the auctioneer may reduce the starting bid until a bid is recognized, and then continue up from that bid amount.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, 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. If any dispute arises after the sale, our sale record is conclusive.
AFTER THE SALE
Buyer?s Premium and Sales Tax
Buyer agrees to pay invoice within 3 business days of auction close. Buyer agrees to pay AAG a buyer?s premium of twenty percent (20%) and Georgia Sales Tax of 8.9% which will be added to the subtotal of the invoice.
Tax Exempt Notice
If you are a business and want to have the sales tax removed from your invoice, you must have a current Georgia ST-5 form on file prior to bidding. If you are bidding and the item is shipped out of state then we do not collect sales tax. If you are from out of state and want to pick items up in person, we do collect sales tax.
The buyer must collect purchased items within seven (7) business days from the date of the sale unless prior arrangements have been made.
Failure to Collect Purchases
If purchased items are not picked up within seven (7) business days following the sale close, AAG reserves the right to charge $5 per item per day for storage and/or deliver said items to our offsite storage warehouse at the buyer?s expense. AAG shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. For property that is not picked up after thirty (30) calendar days, is subject to $150 additional storage fee. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by AAG with the balance of the any funds recovered in excess of storage charges and any other fees being remitted to you.
Packing and Shipping
AAG ships via USPS, FedEx, and White Glove delivery services. All shipping prices include full insurance and should an item be broken or damaged during shipping, AAG will file a claim for the damages and refund the full purchase price including shipping. AAG must receive the item(s) and original packaging back before issuing a refund. Buyer must pay return shipping cost. If item is not returned, AAG will not refund purchase.
If AAG does not receive payment in full, in cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate.
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