Elements of Design

Klein James Auction Gallery (Hereafter referred to as the Gallery) Your bid is a contract to buy. Most all Auction venues sell their property/items as-is, where-is. Therefore that means that every purchase is a final sale. We do not offer refunds. All bidders are responsible for reading and understanding these Terms and Conditions, as well as any additional or supplemental notices. 1. Klein James as Agent: Except as otherwise stated the Gallery acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer. 2. Preview before the sale a. Examination of the property/items. All prospective buyers are strongly urged and advised to examine personally any property in which they are interested, before the auction commences. Neither the Gallery nor the seller provides any guarantee in relation to the nature of the property. b. Catalogue and other descriptions. All statements by us in the catalogue entry for the property or in a condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry are for guidance only and should be evaluated by personal inspection by the bidder. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price of any particular item should not be relied on as a statement that this is the price at which it will sell or its value for any other purpose. c. Buyers responsibility. All property is sold as is where is, without any representation or warranty of any kind by the Gallery or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry. 3. The Sale a. Refusal of admission. The Gallery has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. b. Registration before bidding. All prospective buyers must complete and sign a registration form and provide identification before bidding. We may require the production of bank or other financial references. c. Bidding as principal. When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium and all applicable taxes. d. Absentee bids. The Gallery will use reasonable efforts to carry out written absentee bids delivered to us prior to the sale for the convenience of clients who are not present at the auction. All absentee bids must be delivered to the Gallery no later than 30 minutes prior to the commencement of the sale. Should 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. e. Telephone bids. If a prospective buyer makes arrangements with the Gallery prior to the commencement of 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 the liability for failure to do so or for errors and omissions in connection with telephone bidding. The acceptance of telephone bidding is solely at the discretion of the Gallery. f. Internet Bidding. Internet bidders are required to provide valid name, address, phone number and email address as well bank references or credit card number, with corresponding expiration date to Live Auctioneers to be approved for bidding. Potential bidders not meeting these criteria may be approved on a case-by-case basis and only after contacting Klein James regarding the status of their pending application. Klein James will not be liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise), whether or not due to Klein James' fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity. g. Reserves. On occasion, the Gallery at its discretion will offer a lot subject to a reserve. A confidential minimum price between the Gallery and the seller, which the lot will not be sold. 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. h. Auctioneer's discretion. The Auctioneer reserves the right to withdraw any property at any time before the actual sale. The auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he 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 re-offer and resell the item in dispute. If any dispute arises after the sale, the Gallery's sale record is conclusive. i. Successful bid and passing of risk. Subject to the auctioneer's discretion, the highest bidder accepted by the auctioneer will be the buyer and the fall of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot passes to the buyer, who becomes the owner of the property and is responsible for the property, the amount of the successful bid, the buyers premium, and applicable taxes. 4. Conclusion of the Sale a. Buyer's premium. In addition to the hammer price, the buyer agrees to pay to the Gallery the buyer's premium together with any applicable sales taxes on the total purchase price, unless exempted through possession of a valid Washington State Sales Tax certificate permit/number. The buyer's premium is 16% of the hammer price on each lot. All purchases are to be paid for either by check, cashier's check, bank wire, VISA, or Mastercard during or immediately after each Auction. We also accept PayPal under our user id: KleinJames2@msn.com Klein James reserves the option to hold purchases until checks clear the bank, or until authorization is obtained on credit cards or Cashier's Checks. b. Payment and passing of title. The buyer must pay the full amount due, comprising the hammer price, buyer's premium and any applicable sales taxes, if picked up or shipped anywhere in the State of Washington. The applicable sales tax is currently 9.5%) not later than 4:30pm on the third calendar day following the sale. The buyer will not acquire title to the lot until all amounts due to us from the buyer have been received by us in good cleared funds even in circumstances where we have released the lot to the buyer. No property will be released to the buyer until all property is paid in full. c. Collection of purchases. The buyer must remove from the Gallery all purchased lots within seven calendar days from the date of sale at his/her expense. Any damage to or loss of any item left with the Gallery after the day of purchase is the purchasers sole responsibility. Where purchases are not collected within seven calendar days from the date of the sale, whether or not payment has been made, we shall be permitted to remove the property to a third party warehouse at the buyer's expense, and only release the items after payment in full has been made of removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due us. d. Shipping of Purchased Lots: Klein James is not responsible for the shipment of items. All shipping and related costs are the responsibility of the purchaser. If you are the successful bidder and require an item(s) to be shipped, Klein James can provide you with a list of shipping and moving companies. For small easily shipped items, Klein James may at our discretion package and ship. We use US Priority Insured Mail for small items. The cost for shipping/handling will be the expense of the Buyer. Klein James assumes no liability for loss or damage. e. Remedies for non payment. If the buyer fails to make payment in full in good cleared funds within the time required by paragraph 4(b) above, The Gallery will be entitled at our discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law), (i) cancel the sale, (ii) to resell the property publicly or privately on such terms as we see fit, (iii) to take such other action as we deem necessary or appropriate. If we resell the property under line (ii) above, the defaulting buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon resale. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, absentee bid or internet.

In addition to the hammer price the buyer agrees to pay to Klein James the buyer's premium of 16% and all applicable sales taxes, currently 9.5%, if picked up or shipped anywhere within the State of Washington, unless exempted through possession of a valid Washington State Reseller Permit, which must be on file with Klein James.