Exclusive Estate & Fine Jewelry

Bidding in this auction sale constitutes acceptance by you ("Bidder") of all the Terms of Sale stated herein. ALL SALES ARE FINAL. This is a sight sale. Each bidder must rely on his or her own judgment of grade. Luckette LLC Auctioneers is not responsible for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition, nor is free from wear and tear, imperfections or the effects of aging. Prospective buyers may submit an inquiry requesting a more detailed examination and/or clarification of a condition report. Be sure to read each item's condition, and contact us for condition reports and verification before bidding. Feel free to contact us with any other questions. THE FOLLOWING TERMS AND CONDITIONS OF SALE CONSTITUTE ALL TERMS AND CONDITIONS ON WHICH PROPERTY LISTED IN THE CATALOGUE (INCLUDING INTERNET WEBSITE LISTINGS) SHALL BE OFFERED FOR SALE OR SOLD BY LUCKETTE LLC (?LUCKETTE AUCTIONS) These Terms and Conditions of Sale contain all terms and conditions on which Luckette LLC and the seller contract with the buyer of any tangible personal property sold at auction by Luckette LLC. These Terms and Conditions of Sale may be amended by Luckette LLC at any time and from time to time through the time of sale by any notices posted or oral announcements made during the sale. By bidding at an auction, whether in person or by agent, absentee bid, telephone, internet, or its affiliates, you agree to be bound by these Terms and Conditions of Sale. 1.AGENCY - Luckette LLC acts as agent for the sellers of all property described in all catalogues. The contract for the sale of each item is a contract between the owner of the item and the successful bidder for the item. 2.PRESALE ACTIVITY - Inspections. All Luckette LLC auctions are sight sales. You are strongly advised to personally inspect and examine any items that you contemplate bidding for. If you purchase any item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your inspection of the property. If the results of your inspection and/or evaluation of any property leave uncertainty in your mind as to any matter you deem relevant to your potential purchase, Luckette LLC recommends you have an expert examine the lot for you or do not bid on the item in question. Neither Luckette LLC make any warranty or guaranty as to property offered at auction except as provided in Section 5 hereof. 3.DESCRIPTIONS - Written and oral descriptions, including without limitation catalogue and internet descriptions and condition reports, are our opinions only, and should not be construed or relied upon as statements of fact nor as guarantees of any kind. Such statements do not constitute a representation, warranty or assumption of liability of any kind by us. Luckette LLC is not responsible or liable for the correctness of the catalogue, internet listing, condition reports, or other descriptions, except as provided in Section 5 hereof. Any references to damage, repair or restoration are for guidance only and should be evaluated by personal inspection by the bidder; the absence of such references does not imply that an item is free from defects, repairs, or restoration, nor does a reference to particular defects, repairs or restorations imply the absence of others. Condition of frames on artwork is not generally described. All measurements are approximate. Jewelry descriptions are only estimates as to carat size, gold content, number of stones, etc. All images in Luckette Auctioneers catalogues are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. All photos are of the actual items being auctioned unless otherwise noted in the catalogue or online listing. Please note that the photos may be enlarged to show detail or reduced for inclusion in the catalog online listing 4. INSPECTIONS. All Luckette LLC auctions are sight sales. You are strongly advised to personally inspect and examine any items that you contemplate bidding for. If you’d like to view a particular lot in person, please make an appointment to visit our Mammoth office in the period leading up to the auction. If you purchase any item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your inspection of the property. If the results of your inspection and/or evaluation of any property leave uncertainty in your mind as to any matter you deem relevant to your potential purchase, Luckette LLC recommends you have an expert examine the lot for you or do not bid on the item in question. Neither Luckette LLC make any warranty or guaranty as to property offered at auction except as provided in Section 5 hereof. 5. ESTIMATES - Estimates of Selling Price. Any estimate of the selling price of an item stated in our catalogue or internet listing is intended as a guide for prospective bidders. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, all property can bring prices either above or below stated estimates. Stated estimates should not be relied upon as the value of the item, nor as a statement that this is the price at which the item will in fact sell.The pre-sale estimates are intended as a guide to prospective purchasers. Buyer's Responsibility. Except as stated in Section 5 hereof, all property is sold "AS IS" without any representation or warranty of any kind by Luckette LLC or the seller. Buyers are responsible for satisfying themselves as to all aspects of property condition and descriptions, including without limitation genuineness, attribution, provenance, authenticity, authorship, completeness, condition, damage, repairs, restorations, estimates of value, and all matters referred to in catalogue entries, internet descriptions, condition reports, and elsewhere. 6. CONDUCT OF SALE.A.Bidder Qualification. Luckette LLC may from time to time establish standards of qualification for bidders. Internet bidders must qualify through LiveAuctioneers software. Luckette LLC reserves the right, at its complete discretion, to refuse admission to the premises and/or participation in any auction, and to reject any bid.B.Bidder Registration. Prospective bidders are required to register prior to the auction. Registration is available a limited number of days prior to the time and place of the auction. Internet bidders may register through LiveAuctioneers Bidding online bidding software. PRIOR TO BIDDING, ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS OF SALE, THE DESCRIPTIONS FOR THE LOTS ON WHICH THEY HAVE BID AND THEY AGREE TO BE BOUND BY THESE TERMS OF SALE. Any questions shall be directed to Luckette LLC prior to bidding. Registrants are responsible for payment of purchases resulting from all successful bids. 7. INTERNET BIDDING - Internet bidding is offered as a service to our customers, and prospective bidders shall not hold us responsible for any errors or failures in executing bids, nor shall they hold us responsible for any failure due to the loss of the auction applet supplied to us by LiveAuctioneers. Internet bids are bid electronically by the computers of LiveAuctioneers and compete against live bids on our auction floor, telephone bids, and absentee bids by bidders who are not participating in the internet component of the auction. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However all lots, depending on the degree of competition, can realize prices above or below the listed estimates. An auction estimate is only an expression of our opinion of the range within which we think the hammer price for a lot at auction is likely to fall. It is not an estimate of value. It does not take into account any applicable sales or use tax or Buyer's Premium. Lots can in fact sell for hammer prices below and above their pre-sale estimates. Any estimate should not be relied on as an indication of the actual selling price or value of a lot. Luckette LLC maybe offered other bids of the same value as your internet bid. It is at the auctioneer's discretion which of these bids it chooses to accept during the auction.D.Acceptance and Rejection of Bids. Luckette LLC reserves the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged by Luckette LLC will be the actual buyer. In the event of any dispute between bidders, or in the event of doubt on Luckette LLC part as to the validity of any bid, Luckette LLC Auctioneers will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute. Luckette LLC is not responsible for any errors or omissions in connection therewith. Luckette LLC shall be the sole arbitrator in case of any disputed bid. E.Reserves. It is the policy of Luckette LLC to act as agent on behalf of the sellers; Luckette LLC does not permit a seller to bid on his or her own lots unless expressly so stated or except as herein set forth. Unless advertised otherwise, some lots may be offered subject to a reserve. A reserve is the minimum price that the seller is willing to accept for the lot, which may or may not be disclosed, and which may be determined or modified at any time by written or verbal communication between the seller and Luckette LLC through conclusion of the auction sale for that lot. If a reserve is established, it is generally at a percentage of the low estimate and will not exceed the low estimate for the lot. It is important for all bidders to know that Luckette LLC may open the bidding on any lot by placing a bid on behalf of the seller, and may continue to bid on behalf of the seller up to the amount of the reserve price, either by placing consecutive bids or by placing bids in response to other bidders. Luckette LLC will not place consecutive bids on behalf of the seller above the reserve. F. Withdrawal of lots. Luckette LLC reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal. No participant in the auction sale shall have a right to claim any damages, including consequential damages if a lot is withdrawn. Winning Bids. Subject to Luckette LLC discretion, the highest bidder accepted by Luckette LLC will be the winning bidder, and the striking of the hammer marks the acceptance of the highest bid and the entry of a contract between the seller and high bidder. The winning bidder assumes full responsibility and risk of loss for items purchased at the fall of the hammer. Any person submitting bids on behalf of a corporation or other entity, by making such bid, agrees to be personally liable for the payment of the purchase price and any related charges and the performance of all Buyer obligations under the Terms of Sale. Luckette LLC IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. All Bidders should make certain to bid on the correct lot and that the bid is the bid intended. Once the hammer has fallen and the Auctioneer has announced the Buyer, the Buyer is unconditionally bound to pay for the lot, even if the Buyer made a mistake. 4.FOLLOWING THE SALE.A. Invoice. The bidder acknowledges that the invoice describing a lot by number incorporates the catalog and Terms of Sale. B. Buyer's Premium. A twenty-two (22%) buyer's premium will be added to the hammer price. In addition, an LiveAuctioneers bidding fee of five percent (5%) will be added to the hammer price of each lot purchased through Live Auctioneers. Luckette LLC accepts cash, Visa or Mastercard as payment. Credit Card Payment must include image of credit card and accompanied by copy of a drivers license or other acceptable photo identification. Credit card payments are limited to a total invoice amount of $20,000. Wire transfers are encouraged and can be arranged through our accounting department. No personal checks will be accepted without prior approval. On any cash transactions or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. All property must be paid within one week following the close of the auction. Internet bidders should contact Luckette LLC at 760-209-8900 to arrange payment by any of the above methods.E.Collection of Lots / Shipping. No lots shall be delivered to or collected by the winning bidder until payment in full of the purchase price and all applicable taxes and charges. All lots must be picked up by the winning bidder or shipped within one week following the close of the auction. For internet bidders requiring lots to be shipped to them, Luckette LLC will be shipped by the Luckette's in-house shipping department or in some cases a 3rd party shipping agent. Although we make best-effort to ship items in-house - those we consider over-size, fragile, framed or complex may be outsourced to a 3rd party shipping agent.If you see a shipping charge on your invoice we have scheduled your invoice to ship in-house. Please allow up to 10 business days after receipt of cleared invoice payment for purchases to ship. Domestic shipments are sent via USPS, FedEx or UPS. They include tracking, are insured and require signature. International shipments are sent via traceable service, by USPS priority, USPS express mail, DHL or FEDEX. International shipments cannot be insured and are sent at the buyers' risk. The buyer is responsible for all risk and liability of International shipments. You receive tracking by email once your shipping label is generated. Please make certain to check your spam / junk on a regular basis as tracking emails are sometimes filtered to spam / junk folders. Auction Company, Luckette LLC, must be notified of Shipping Claims, Damage or Loss within 5 days of receipt. Auction Company assumes no responsibility for lost or damaged items received through post. All shipping Damage / Loss claims must be processed and resolved through the organization by which they were insured. Absolutely no refunds or claims may be submitted beyond 5 days of delivery. ALL PAYMENTS MUST BE MADE IN US DOLLARS WITHIN SEVEN DAYS OF THE END OF A SALE UNLESS CREDIT TERMS HAVE BEEN MADE BY PRIOR ARRANGEMENT. F.Offsite Storage Information for Sold Property. Please note that all lots are subject to Luckette LLC, Inc. STORAGE POLICY. Buyers will be expected to pick up all property from Luckette LLC. within five business days after completion of the auction. Buyers will have two days of storage to retrieve their property or to make arrangements with Luckette LLC to pack and ship their property. Storage fees will begin to accrue on the third day of storage. After the second day, Luckette LLC charges $10 a day per lot. An additional moving transfer fee may be applicable. Please call 760-209-8900 24 hours in advance to arrange pick up of your property. If any applicable conditions herein are not complied with by a winning bidder, in addition to other remedies available by law, including without limitation the right to hold the winning bidder liable for the total purchase price, Luckette LLC at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the winning bidder or (b) resell the property at public auction without reserve or minimum selling price, and the winning bidder will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. In the event of breach by internet bidders of these Terms and Conditions of Sale, Luckette LLC may file a Non-Paying Bidder Alert to LiveAuctioneers. Luckette LLC reserves the right to impose a carrying charge of 1.5% per month on past due accounts. Buyers agree to pay reasonable attorney's fees and costs incurred to collect past due accounts. 5.LIMITATION OF WARRANTIES.NO WARRANTIES. ALL LOTS ARE OFFERED, AND ALL PROPERTY IS SOLD, "AS IS" WITH NO GUARANTIES OR WARRANTIES OF ANY TYPE. WITHOUT LIMITATION, NEITHER THE SELLER NOR ALEX COOPER AUCTIONEERS, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, NOR ASSUME ANY LIABILITY OF ANY KIND WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GRADING, QUALITY, ATTRIBUTION, GENUINENESS, AUTHENTICITY, PROVENANCE, AGE, CONDITION, MATERIALS, AUTHORSHIP, COMPLETENESS, DAMAGE, REPAIRS, RESTORATIONS, ESTIMATES OF VALUE OR ANY OTHER FEATURES. NEITHER THE SELLER NOR ALEX COOPER AUCTIONEERS, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, ARE RESPONSIBLE FOR THE CORRECTNESS OF ANY STATEMENT OF WHATEVER KIND CONCERNING ANY LOT, WHETHER WRITTEN OR ORAL, NOR FOR ANY ERRORS OR OMISSIONS IN DESCRIPTION OR FOR ANY FAULTS OR DEFECTS IN ANY PROPERTY. THE PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED, INCLUDING BUT NOT LIMITED TO, THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT.A.All Sales are Final. Items are sold with all faults and are not returnable for any reason except as set forth in the following paragraph.B.Limited Rescission Right. Luckette LLC agrees that a winning bidder who purchases an item has the limited right to rescind the sale (and Luckette LLC will return all payments by the winning bidder) for the Rescission Period, if and only if the physical condition of the property materially differs from what was described in the online listing for the property or if the description is, in any material respect, inaccurate. In order to exercise this limited right of rescission, the winning bidder must provide documentation to Luckette LLC from a pre-qualified expert or museum within the Rescission Period and return the property to Luckette LLC promptly in the same condition it was sold. Notwithstanding the foregoing, there shall be no right of rescission arising due to damage of property incurred in shipping. The Rescission Period is as follows: a period equal to the lesser of (i) forty-eight hours from the date the property purchased is received by the winning bidder or (ii) two weeks from the date of the auction. In no event will shipping charges be refunded.6.MISCELLANEOUS.A.Governing Law. These Terms and Conditions of Sale, as well as the respective rights and obligations of Luckette LLC, the seller, and any purchasers or bidder at any sale of Luckette LLC shall be governed by and construed and enforced in accordance with the laws of the State of California.B.Limitation of Liability. In no event shall the liability of seller or Luckette LLC, its officers, employees and agents, to a winning bidder for any breach, act, omission, or claim of any nature, with respect to an item purchased, exceed the purchase price actually paid by the winning bidder for the item. In no event shall the seller or Luckette LLC, its officers, employees and agents, have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of winning bidders or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the property purchased, or its purchase, sale, delivery or non-delivery. In no event shall seller or Luckette LLC, its officers, employees and agents, be liable for any claims related to the errors, acts, omissions, websites, or technology of LiveAuctioneers or our online bidding software.C.Jurisdiction. By bidding at an auction, whether present in person or by agent, absentee bid, telephone bid, online internet bid, or other means, the winning bidder shall be deemed to have consented to the exclusive jurisdiction for the resolution of any disputes of the state courts in Mono County, California.D.Legal fees. In any litigation between Luckette LLC and any bidders (whether or not the winning bidder) the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute. E. Severability. If any provision or portion thereof of the Terms and Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.F.No Assignment. Unless Luckette LLC consents in writing, a winning bidder may not assign its rights or any of its obligations relating to an auction or other sale by Luckette LLCs. Any assignment without Luckette LLC' written consent will be void.G.No Waiver. These Terms and Conditions of Sale may not be waived by Luckette LLC unless such waiver is in writing and signed by Luckette LLC. A waiver on one occasion shall not be a waiver on any other or future occasion or affect Luckette LLC' right to insist on strict performance of all other provisions. Feel free to contact us with any other questions 760-209-8900.