Friday, September 21, 2012: 1:00PM - 8:00PM
Saturday: September 22, 2012: 8:30AM - 10:00AM
Terms & Conditions
The following as amended by any posted notices or oral announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by DGW Auctioneers, Inc. and any consignor of such property for whom we act as agents.
0. Buyer's premium is 22%, discounted to 18%, if the payment is made by cash or check
1. As used herein the term "Bid Price" means the price at which a lot is knocked down to the purchaser and the term "Purchase Price" means the aggregate of (a) the bid price (b) a premium of twenty two percent (22%) of the bid price (discounted to 18%, if the payment is made by cash or check) payable by the purchaser and (c) unless the purchaser is exempt by law from the payment thereof, any California state or local sales tax (or compensating use tax of another state) and other applicable taxes. Unless exemption from such taxes is established to our satisfaction, any purchaser claiming an exemption will be required to pay the tax to us and seek a refund from the State of California. (BUYER'S PREMIUM IS 18%, AS MENTIONED ABOVE, IF THE PAYMENT METHOD IS CASH OR CHECK).
2. On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility therefore(b) will pay the purchase price in full or such part as we may require for all lots purchased. To prevent misdelivery and inconvenience in settlement of a purchase, no lot may be transferred. All property shall be removed from our premises at the purchaser's expense not later than 5:00 PM two days following the date of the sale, unless other arrangements have been agreed with us prior to the auction. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three day's notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due hereunder and incidental damages.
3. We reserve the right to withdraw any property at any time before actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lot shall be divided for sale.
4. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
5. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefor by the purchaser.
6. Where the consignor is indebted to or has a monetary guarantee from us, and in certain instances, we may have any interest in the offered lots and the proceeds therefrom other than our commissions, we may bid therefore through a representative or agent to protect such interest. We are entitled to our standard commission rate where a lot is "bought-in" to protect our interest.
7. If a lot is offered subject to a reserve (the confidential minimum price below which a lot will not be sold), we may implement such reserve by bidding on behalf of the consignor. Consignors are not allowed to bid on their own items.
8. All statements contained in the catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement or condition are qualified statements and shall not be deemed to be representations or warranties. No employee of DGW Auctioneers, Inc. is authorized to make on our behalf or that of the consignor any representation or warranty, oral or written with respect to any property.
9. If packing and handling of purchased lots is done by us, it is done at the entire risk of the purchaser.
10. Payment terms: All items are to be paid for by (a) Cash, (b) Cashier or (c) Personal check with approved credit (d) Visa/ Mastercard. ( Note: Buyer's Premium is 18% if the payment methods are (a), (b), or (c)). ALL PROPERTY IS SOLD "AS IS" AND NEITHER DGW AUCTIONEERS, INC. NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OR DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY.