Terms and Conditions of Sale
1. All of the lots in any sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Auction Warehouse Sales below which the lot will not be sold. In most cases, the reserve will be set below the estimated range which may or may not be provided, but in no case will it exceed the estimates listed. A representative or the Auctioneer of Auction Warehouse Sales will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
2. All property is sold “as is" without any warranty either expressed or implied, nor any warranty as to the merchantibility of any item or lot offered for sale is provided. The Auctioneer, any representative, staff member of Auction Warehouse Sales nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, size and dimension, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, quality or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the Auctioneer shall have sole discretion in determining the purchaser and may also, at his or her sole discretion, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $10,000 should make arrangements with the Auction Warehouse Sales at least five (5) days in advance of the sale, as a deposit may be required to participate.
4. All merchandise purchased must be paid for and removed from the premises the day of the auction. Auction Warhouse Sales may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within Seven (7) days of the date of sale.
Auction Warehouse Sales shall have no liability for any damage or loss to or of property left on its premises after the day of sale. If any property has not been removed within three (3) days from the date of sale, at the option of Auction Warehouse Sales (a) Auction Warehouse Sales may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed within the three days, and/or (b) Auction Warehouse Sales may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser.
5. Auction Warehouse Sales accepts Visa, Master Card, Discover, American Express and Cash or Checks for payment. Personal/Business checks will be acceptable only if credit has been established with Auction Warehouse Sales or by prior approval by the Auctioneer or if a bank authorization has been received guaranteeing a personal/business check. Auction Warehouse Sales reserves the right to hold merchandise purchased by personal/business check until the check has cleared our bank. The purchaser agrees to pay Auction Warehouse Sales a handling charge of $35.00 for any check dishonored by any Bank or Drawee. Please contact Auction Warehouse Sales for additional payment methods.
6. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Auction Warehouse Sales may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser’s breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. In no event will the liability of Auction Warehouse Sales to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
8. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9. All Sales are subject to the respective current sales taxes. Dealers and other qualifying parties may be exempt from sales tax upon submission of proper documentation. This documentation must be On File with Auction Warehouse Sales prior to payment, No Exceptions.
10. A Buyers Premium equal to 18% (discounted to 15% for Cash or Approved Personal/Business Check) of the final bid price to be paid by the buyer as part of the purchase price. The Buyers Premium for any sale via the Internet or that offers bidding via the Internet will be published on a sale by sale basis.
11. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
12. Auction Warehouse Sales and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Auction Warehouse Sales expressly reserves the right to reproduce any image of the lots sold. The copyright in all images, illustrations and written material produced by or for Auction Warehouse Sales relating to a lot, including the contents of any catalog, is, and shall remain at all times, the property of Auction Warehouse Sales. and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
13. These conditions of sale shall be governed by the laws of the State of New Jersey (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Auction Warehouse Sales in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of New Jersey or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
14. All Bidders must have a number and be registered and approved to bid. The record of sale as recorded by Auction Warehouse Sales is final and binding upon all parties.
15. If Absentee or Left Bids are accepted, the execution of this bid or bids is not in anyway guarenteed by Auction Warehouse Sales, the Auctioneer or any member of the Staff. Auction Warehouse Sales accepts no responsibility or liability for the succesful transmission of any Internet, Phone Bid or Bid by any other method that may employ electronics to relay a bid or bids.