TERMS AND CONDITIONS
TERMS AND CONDITIONS
Please Note Our Terms of Sale have recently changed. By registering to
bid on this auction you agree to the following terms and conditions.
Payment is due for your item(s) upon receipt of the invoice. Telephone
and absentee bidders will be notified by both telephone and e-mail
within two (2) days of sale end. We accept payment in the form of cash,
check, money order, and wire transfer, PayPal, Visa, MasterCard, and
Discover. We do not accept an international card to make a payment. For
an American card, we accept the payment amount under $2000 USD.
Otherwise, please pay by Wire Transfer, Check, Money Order, PayPal. Base
on an invoice, if a customer wants to make a payment by card, there is a
4% transaction fee; For PayPal, there s a 4.5% transaction fee; For wire
transfer, there is a $30 bank bee. The winner needs to contact us in
7(seven) business days after the auction day, we will open the dispute
online if the customer does not contact us on time. We will cancel the
order/invoice if the winner does not contact us in 7 (Seven) business
days after the auction date. Auction House has the right to explain and
make the final decision.
1. All items are sold as-is, where is, with all faults. There are no
warranties or representations of merchantability of any other kind,
express or implied. All artists? names and dates recorded in this
catalog are not to be taken as unqualified attributions to the artists
named. No attributions to any artist or date are made or intended as to
authorship or date of execution. Therefore, none of the property in this
catalog is subject to any guarantee of authenticity and/or provenance
and all of the property is sold as-is. All items are available for your
examination prior to bidding. Your bidding will signify that you have
examined the items as fully as you desire, or that you have chosen not
to examine them. Written and oral descriptions are our opinions and
should in no way be construed as a guarantee of any kind as to age,
condition, materials, provenance or any other feature of items being
sold. We recommend prospective bidders to examine all items in which
they have an interest. If you require absolute certainty in all areas of
authenticity, and the results of your evaluation leave uncertainty in
your mind, we recommend you not bid on the item in question. We do not
give refunds. All sales are final. No statement is written or oral made
by the auctioneer or any employee of Bohemia Auction and Appraisal Inc.
shall be deemed a warranty or assumption of liability by Bohemia Auction
and Appraisal Inc. or by any seller represented by Bohemia Auction and
Appraisal Inc.
2. Bidding will begin at a price appropriate in auctioneer's discretion.
The auctioneer always reserves the right to withdraw a lot for any
reason. At the auctioneer's discretion, no bid of less than one half
(1/2) the low estimate will be accepted from any source: phone bidding,
absentee bidding, internet bidding, or bidding in the gallery, unless
authorized by the auctioneer. All lots in this catalog are offered
subject to a reserve, which is the confidential minimum hammer price at
which a lot will be sold. In executing a reserve, the auctioneer has the
right to bid on behalf of the consignor, whether by opening bidding or
continuing bidding in response to other bidders until reaching the
reserve. If the reserve is not met, the auctioneer has the right to
withdraw the item from the sale.
3. Once we declare that an item is sold, we cannot reopen the bidding.
It is the bidder's responsibility to get our attention prior to our
saying sold. When the auctioneer declares the item as sold, the title of
property transfers to the successful bidder. We reserve the right to
reject any bids deemed inappropriate or to withdraw any item(s) for lack
of appropriate bids. If an item is withdrawn from the auction, it will
be offered again only at the auctioneer's discretion.
4. Payment must be made by cash, approved check, PayPal, wire transfer,
or Master, Discover, and Visa credit cards. We reserve the right to
require bank checks for large purchases. Buyers not known to us who wish
to write a check must provide, upon request, a current letter of credit
from their bank guaranteeing funds for that account. Credit arrangements
must be made by the Friday prior to the day of auction so bank
statements can be verified. We reserve the right to not issue a bidder
number or to withhold merchandise if appropriate credit has not been
established. We require wire transfers or credit cards for international
buyers.
5. All absentee and telephone bidders are required to sign and agree to
these terms and conditions, as well as provide Bohemia Auction and
Appraisal Inc. with a valid credit card having an available balance
equal or greater to 20% of the final hammer price of the items bid on.
Purchases made totaling $5,000 or more require a 20% payment at the time
of purchase, and the remaining balance must be paid in full with check,
cash, credit card or wire transfer within five (5) days. In the event,
the credit card limit will not cover the aforementioned 22%, Bohemia
Auction and Appraisal Inc. reserves the right to continue collection
attempts under the fullest extent of the law. Bidding on an item
indicates the client?s acceptance of our Terms of Sale. In the event the
buyer does not pay in full within five (5) days of the sale, the buyer
is in default, and therefore title has not exchanged. In the event of a
buyer default, the buyer agrees to pay Bohemia Auction and Appraisal
Inc. a 22% default fee and releases title of that item.
6. We are pleased to offer online bidding for prospective bidders who
cannot be present at the auction. Absentee bids are executed
competitively and confidentially. All reservations for phone bidding are
held in the strictest confidence and must be received by 3 pm the day
before the auction. No additional phone bids can be accepted on the day
of the auction, including additions when speaking with a staff person on
the phone. Leaving an absentee or phone bid on a lot indicates your
willingness to open the bidding at one half (1/2) the printed low
estimate and gives the auctioneer the authority to open the bidding at
that level. Bohemia Auction and Appraisal Inc. shall have the right to
withdraw any item at any time for any reason and to void any sale in the
event of an error or dispute.
7. In the case of identical absentee bids, the bid received first will
prevail. Bids left on an online platform, such as, but not limited to,
liveauctioneers.com, are not executed until the item is offered in the
live auction and the order in which they are received is not a factor.
We sell about 60 lots per hour.
8. In our experience, cellular phones are not always dependable, and we
recommend phone bidding reservations be made on landlines. We make every
effort to honor all absentee and phone bid reservations, but we are not
liable for any losses incurred as a result of failure to execute
absentee bids or failed phone reservations. Submitting absentee bids or
bidding by phone does not imply an extension of credit. Please see
numbers 4 and 5 above.
9. Purchaser agrees that packing and shipping are done at the
purchaser's risks and that the purchaser will pay in advance all packing
expenses, materials, carrier fees, and insurance charges. At our
discretion, items will be packed by an agent such as a packaging store,
shipping company, or by customers. Please allow two (2) weeks for
shipping after payment is received. Shipment of large items is the
responsibility of the purchaser. We are happy to provide names of
carriers and shippers if a purchaser so requests. Bohemia Auction and
Appraisal Inc. will have no liability for any loss or damage to shipped
items.
10. Note to Internet absentee bidders: We do not accept cut bids. We
always encourage bidders to bid by phone or to leave absentee bids
through our gallery to avoid such a situation.
11. All purchases are subject to applicable New York sales tax unless
the New York State Resale Certificate tax form is fully and completely
filled out and received prior to time of purchase. Resale tax numbers
from other states are accepted. International buyers are responsible for
tariffs, taxes, or assessments of shipped items to the buyer's country.
Items shipped out of state may not be subject to sales tax.
12. Bidding on an item indicates your understanding and acceptance of
these Terms of Sale. If a purchaser breaches any of these Terms of Sale,
including the obligation to pay for purchased items, Bohemia Auction and
Appraisal Inc. may seek all remedies under the law including canceling
the sale and reoffering the property without reserve.
13. A buyer's premium will be applied to the purchase price of all
items. It shall be 22% if bidding live, by phone or by absentee bids. If
online Internet bidding is utilized, it shall have a 27% buyer's premium
added to the highest bid.
14. Purchased items not picked up from our auction facility within ten
(10) business days of the auction will be moved into our warehouse. All
items not picked up within ten (10) business days shall be assessed a
storage fee of $5.00 per day, per item. You authorize us to re-sell on
your behalf any item not picked up within thirty (30) calendar days. The
costs of storage, plus any other costs directly related to the item, and
an auctioneer?s commission of 20%, will be subtracted from the proceeds
unless other arrangements have been made with Bohemia Auction and
Appraisal Inc. The minimum charge will be $50.
15. Please note that lots containing ivory, tortoiseshell, or other
animal materials may be subject to regulations imposed by the Endangered
Species Act and by the United States Fish and Wildlife Department. Some
countries prohibit the importation of property containing materials from
endangered species, and prospective purchasers should familiarize
themselves with relevant customs regulations prior to bidding if they
intend to import these lots into another country. Buyer is responsible
for any and all CITES permits.
16. All photos and descriptions posted on any online platform are the
property of Bohemia Auction and Appraisal Inc., and are subject to US
copyright laws. No photo or description may be used without the advanced
written approval of an authorized Bohemia Auction agent. Use of
unauthorized photos and descriptions may incur penalties.
17. If, in any judicial proceeding, a court shall refuse to enforce any
of the terms contained within these Terms and Conditions, then such
unenforceable terms shall be deemed eliminated from the provisions
hereof for the purpose of such proceedings to the extent necessary to
permit the remaining separate terms contained herein to be enforced in
such proceedings.
18. The Terms and Conditions shall inure to the benefit of Bohemia
Auction and Appraisal Inc., its successors and/or assigns and may not be
terminated, amended, or modified, except by an instrument in writing
executed by Bohemia Auction and Appraisal Inc.
19. The provisions of these Terms and Conditions shall be construed, and
the performance thereof shall be enforced, in accordance with the laws
of the State of New York. All bidders hereby irrevocably and
unconditionally submit to the exclusive jurisdiction and venue of the
Supreme Court, State of New York, and County of Suffolk in the event of
any dispute with regard to any bid or the terms and conditions contained
herein.
20. Any person or entity submitting a bid to any auction represents,
warrants, and covenants that he/she/it is subject to service of process
in the State of New York and that it will remain so subject so long as
these Terms and Conditions are in effect. If for any reason any person
or entity should not be so subject, said person or entity hereby
designates and appoints, without revocation, the Secretary of the State
of New York as its agent upon whom he/she/it may be served with all
process, pleadings, notices, or other papers which may be served as a
result of the breach of any of the terms and conditions contained
herein. Moreover, any person or entity submitting a bid specifically and
irrevocably: (a) agrees that any suit, action, or other legal
proceedings arising out of this agreement may be brought in the courts
of record of the State of New York, County of Suffolk; (b) consents to
the jurisdiction of each such court in any such suit, action, or
proceeding; and (c) waives any objection to the laying of venue of any
such suit, action, or proceeding in any of such courts.
21. Any person or entity submitting a bid at any auction hereby
acknowledges that in the event said bidder is found to have breached any
term or condition contained within these Terms and Conditions, Bohemia
Auction and Appraisal Inc. shall be entitled to all costs and fees,
including, but not limited to, court costs and reasonable attorneys?
fees in connection with any such breach.
I understand that Bohemia Auction and Appraisal Inc. will execute bids
as a convenience and will not be held responsible for any errors or
failure to execute bids. I understand that my bids are placed subject to
the terms and conditions of sale as stated above and that I will be
responsible for the purchase price and buyer's premium, as well as all
applicable local and state taxes and separate shipping costs. I hereby
authorize Bohemia Auction and Appraisal Inc. to charge my credit card
for 20% of my purchases as a good faith deposit of items won in this
auction at the time of the sale. I understand these charges may be
reversed in the event a different form of payment is agreed upon by
Bohemia Auction and Appraisal Inc. In the event my credit card is
declined for a minimum deposit of a 20% of my purchases, Bohemia Auction
and Appraisal Inc. reserves the right to sell the item to the under
bidder at its discretion.
