Estate Antiques & Fine Art Auction

Auctioneer, Bidder, Buyer and Seller agree to be bound by the following terms & conditions for this auction. These terms & conditions control this auction in all regards and supersede all previous announcements, advertisements, catalogs and published information however distributed. All announcements from the Auction block will take precedence over any printed material. 1) Registration: Bidder must register with eBay Live before bidding. Proper identification will be required. Auctioneer reserves the right to refuse to register any prospective bidder for any reason including bad eBay feedback. 2 Buyer Premiums: Buyer’s premium for all internet bidders is 18%, plus applicable sales taxes to determine the final selling price for that lot. 3) Estimates & Reserves: Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. The reserve is a confidential minimu m price agreed upon by the consignor and Burchard Galleries Inc. The reserve will not be higher than the low estimate. 4) Agency: 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 any Buyer. 5) Sale Catalogs: Catalogs and brochures are guides only 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. Statements made by Auctioneer and/or staff of Auctioneer are opinions only and should not be construed as statements of fact. 6) Auctioneer Discretion: The auctioneer at his/her discretion may reject any bid not commensurate with the value of the article offered. 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. One bid only does not necessarily constitute an Auction and the lot therefore may be withdrawn if only one bid is realized. The Auctioneer may reject nominal bids, small opening bids or very nominal advances made with purpose of disparaging an item 7) Guarantees: Each lot will be sold AS IS, WHERE IS with all defects and faults, and no warranties or guarantees of any kind will be given by Seller or Auctioneer including no warranty of fitness, merchantability or suitability. Bidders should carefully inspect each lot to determine condition and contents. All weights, counts and 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 any information listed in the catalog or otherwise provided by Auctioneer, the auction staff or Seller. 8) eBay Live Internet Auction Bidders: a) Buyer’s premium for all internet bidders is 18%, plus applicable sales taxes to determine th e final selling price for that lot. b) Limited Returns: Limited returns are permitted for eBay Live Auctions only as follows, If it is determined to Burchard Galleries Inc satisfaction that the physical condition of the property materially differs from what was described in the information listed and/or written condition reports received or if the description is, in any material respect, inaccurate so long as the buyer has requested and received a written condition report prior to bidding and provides of notice of intent to return the item within 24 hours following receipt of the property and returns the property in the same condition it was sold to the Seller within 10 (ten) days of receiving the property. Shipping is non-refundable. c) It is also Burchard Galleries Inc’s policy to have the purchaser obtain, at the purchaser’s expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Burchard Galleries Inc and the purcha ser, before Burchard Galleries Inc determines whether to rescind the sale under the above guarantee. The purchaser’s sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Shipping is non-refundable. 9) Terms of Guarantee: Burchard Galleries Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Regarding all jewelry, all weights, grades, sizes, and metal content(s) are approximate. Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All othe r guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, expressed or implied. Each and every lot is sold “as is”. All announcements from the Auction block will take precedence over any printed material. 10) Bidding Increments: $0 - 199 $10 increments $200 - 499 $25 increments $500 - 999 $50 increments $1,000-2,999 $100 increments $3,000- 9,999 $250 or $500 increments Above $10,000 $1,000, $2,500 or $5,000 increments Note to Internet Absentee Bidders. We do not accept cut bids, (bids less than the required interval) from the floor or from phone bidders or from Internet bidders. Thus it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less that the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation 11) Winning Bidders: 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. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This w ill be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers' bids. 12) Absentee bids: We accept absentee bids by mail, fax, in person and on Computer via eBay Live on the Internet. Written absentee bids must be processed by no later than 10 AM. on the auction day. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. Auctioneer and the Auction Staff are not responsible for any failure to execute absentee bids of any type when failure is caused by human error, electronic or technical failure of any kind If you place absentee bi ds with the Auction House, then choose to attend in person, bid by phone or by any other means, it is solely y! our responsibility to cancel any or all absentee bids prior to the start of the auction. eBay Live bids may not be canceled. The Auction House is not liable or responsible for any errors or failure to do so. Absentee bid forms are available on line at http://www.burchardgalleries.com/fbidinfo.htm. a) "Back Up Bid": Your best bet is to be present at the Auction however, if you can't and you wish to bid by telephone, to help ensure your participation, you might want to consider a "Back Up Bid" at the time you make arrangements for phone bidding. A "Back Up Bid" allows your phone contact here at Burchard Galleries to still execute a bid for you even if they can't get through to you on the telephone. Your phone agent is the only person who will have this bid and will only use it to bid in the event that he/she cannot reach you. Assuming you are reached via telephone, they would not use your bid and while you are on the phone. While you are on the phone you may bid greater or lesser than your "Back Up Bid" amount. A "Back Up Bid" is not mandatory; you can place one at your discretion. They are simply a safety device in the event you cannot be reached by telephone in time. b) Tie Bids: Internet bidders please take note. In the event of a tie between (a) an absentee or internet bidder and (b) a live bidder (persons attending the Auction or participating on the telephone), the live bidder will be the winner of the bid. In the event of a tie between (a) an absentee bid submitted in house, and (b) an eBay live bid or eBay absentee bid, the in house bid will take precedence. 13) Pooling: 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. Auctioneer reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring. 14) Ownership: Ownership, possession and the risk of loss from any cause pass immediately to Buyer when Auctioneer announces the sale of a lot. Buyers are solely responsible for their purchases, and Seller and Auctioneer will have no responsibility for lost, stolen or damaged lots. Auctioneers clerking records will be absolute in the event of a dispute. 15) Payment: For those in attendance, all purchases must be paid for in full by the end of the auction. Internet Sales must be paid f or within 5 business days of the sale or Seller may void sale. Acceptable forms of payment include Cash, Approved Check, Postal Money Order, Bank Wire Transfer, MasterCard, Visa, Discover and American Express. Charge Cards may also be accepted via the internet through PayPal sent to mail@burchardgalleries.com and only when address can be verified. a) Checks: Burchard Galleries Inc reserves the right to hold the property until checks have cleared. There will be a $50.00 charge to the Buyer for a check dishonored by a bank for any reason. Legal action will be instituted to collect any unpaid account and Buyers agrees to pay all costs of collection, including reasonable attorneys’ 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. 16) Sales Tax Exemption: Florida State Sales tax is 7%. Applicable Sales or use taxes will be added to the purchase price of all taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to and retained by cashier to avoid paying sales tax. Out of state buyers in attendance planning to be sales tax exempt must complete and sign an affidavit stating all items purchased are for resale out of state. 17) Shipping and Packing: All shipping arrangements and costs are the sole responsibility of the buyer. Buyer will pay actual shipping and insurance costs as charged, directly to the professional company of his/her choice. Buyer should request a shipping quote prior to bidding. a) Each shipper listed below has the auction catalog and will provide you a shipping quote by referencing the auction date and lot number(s). All property should be removed from our premises no later than 5:00 P.M. of the fifth business day following the end of the auction unless prior arrangements have been made with Bu rchard Galleries Inc. Items not removed by the specified time will be charged storage and handling fees of $10 per item per day until removal (maximum 10 days). Any lot not removed from the site within this time (15 days total time allowed) will be deemed abandoned and be promptly disposed of or resold for Auctioneer’s account. Please note that removal deadlines are strictly enforced. Shippers must pick up items at our location: Burchard Galleries Inc, 2528 30th Avenue North, St. Petersburg, Florida, 33713. We are open 9am–5 pm, Mon. – Fri. For shipping quotes please call: All items: PKG's - Thad Deye - 727-895-7547 thaddeye@msn.com Furniture and Large Items: General Delivery – Jim - 800-424-0075 general-delivery@msn.com Craters & Freighters - David Amos 813-889-9008 Tampa@CratersAndFreighters.com 18) Bidder Disputes: Should a dispute arise between two or more bidders, the decision of Auctioneer will be final. Bidder is encouraged to make bids clearly visible to Auctioneer to avoid being missed. Auctioneer may determine minimum acceptable increments to advance the bidding. 19) Legal Disputes: 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. Not withstanding 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 A uctioneer’s and/or Seller’s costs of collection including, but not limited to, its attorneys’ fees of THIRTY-THREE! AND ONE-THIRD PERCENT (33 1/3%) of any judgment recovered against Buyer. 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 Pinellas, Florida 20) Accidents: 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. 21) Damage: Auctioneer will have no responsibility for any loss or damage resulting from Auc tioneer’s staff carrying, handling or loading any item(s) for any person. 22) Acceptance of Terms: Registering to bid and or attending the auction and or placing a bid of any kind indicates full understanding and acceptance of these terms along with the agreement to be so bound. Terms may not be amended in any way except by a signed, written agreement between Auctioneer and Bidder. If there is anything relevant to this auction that you do not understand, please ask Auctioneer or a member of Auctioneer’s staff to assist you. We want your auction experience to be an informed and positive one. 23) 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 Pinellas, Florida. BURCHARD GALLERIES INC International Estate Antiques & Fine Art Auctioneers Offices & Showroom - 2528 30th Avenue North - St. Petersburg, Florida 33713 1-800- 520-2787 mail@burchardgalleries.com http://www.burchardgalleries.com Florida Licenses AU 322 / AB 169