Terms and Conditions of Sale
TERMS AND CONDITIONS
A & A Antique Gallery Corp.
All property offered and sold through A & A Antique Gallery Auctions shall be sold on the terms and conditions set forth below. By bidding at the auction, whether present in person or by agent, by floor, absentee, telephone, or online bid, the buyer agrees to be bound by these terms and conditions. All Bidders are responsible for reading and understanding these terms and conditions.
GENERAL
ALL PROPERTIES ARE SOLD AS IS AND ALL SALES ARE FINAL. NO RETURNS. NO EXCEPTIONS. Though all description and commentary are believed to be correct, neither auctioneer nor consignor makes any warranties or representations of any kind with respect to merchandise. Buyer shall not rely on the auctioneer, employees, the catalog description, or advertisements in any part, and must rely only on his own inspection and opinions of all items. References in the catalogue or condition reports to damage or restoration are for guidance only. The absence of any reference to condition or the reference to particular defects of any lot does not imply the absence of imperfections, effects of aging, or other defects. No employee is authorized to make any warranties, expressed or implied, on behalf of A & A Antique Gallery.
CONDITION REPORTS
Condition reports are made as statements of opinion by the staff of A & A Antique Gallery and/or by independent consultants and are not made as or considered to be statements of fact. Condition reports in no way create any warranty or assumption of liability. A & A Antique Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in excellent condition or completely free from wear and tear, imperfections or the effects of aging.
NO GUARANTEE OF AUTHENTICITY FOR JADE, CHINESE PAINTINGS, STAMPS, COIN, AND PAPER CURRENCY
A & A Antique Gallery Auctions does not guarantee the authenticity of the color or age of any jade. All jade will be sold as is, without any warranties. All sales are final in jade purchases, no returns will be accepted. Judgment of such qualities is at the sole discretion of the buyer.
A & A Antique Gallery does not guarantee any of the lot number descriptions, illustrations, and conditions provided as reference, including authentication, originator and the date of execution regarding Chinese paintings. All items sold as is, no returns.
ESTIMATES & RESERVES
The estimates provided for each lot in this catalogue are neither a representation nor prediction of the actual selling price that will be realized at the auction, post-auction sale, or upon resale. Estimates represent A & A Antique Gallery's opinion of the price range that a buyer would pay for the lot at auction. Estimates are based when possible on the prices paid for comparable items sold at auction in the past. Estimates are often determined several months before a sale and are subject to revision based on further research of the property, changes to market conditions, or fluctuations in currency. Estimates do not include the buyer's premium. The actual price realized for any lot may fall above or below the range of the estimate.
A reserve is the confidential minimum price a lot may be sold for at auction as established by A & A Antique Gallery and the consignor. If the auctioneer decides that any bid is below the value of the lot offered, the auctioneer may reject the bid and withdraw the lot from the sale. A & A Antique Gallery may implement the reserve by opening biddings or bidding successively on any lot by placing a bid on behalf of the seller up to the amount of the reserve. Some lots will have no reserve but in most cases the consignor has established one.
*WE RESERVE THE RIGHT TO WITHDRAW ANY PROPERTY BEFORE THE SALE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR WITHDRAWAL OF PROPERTY.
REGISTRATION
All bidders must complete and sign a registration form and provide identification before bidding. Registered buyers interested in bidding by telephone must register before the auction. All telephone bids must be received by A & A Antique Gallery at least 48 hours prior to the beginning of the auction.
BIDDING
By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed or supplemented, whether bidding in person, through a representative, by phone, internet or other absentee bid.
A & A Antique Gallery reserves the right, at our sole discretion, to refuse admission to the premises or participation in any auction. A & A Antique Gallery also reserves the right to reject any bid and the right to refuse to acknowledge any bidder.
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges. All items are sold to the highest bidder as acknowledged by the auctioneer. A & A Antique Gallery reserves the exclusive right to determine the validity of any bid, and to settle any dispute that may arise between bidders. In the event of a dispute, or if A & A Antique Gallery has any doubt of the validity of a bid, the auctioneer reserves the right to a) determine the successful bidder b) continue bidding or c) cancel a sale. The auctioneer reserves the right to withdraw any item and to re-offer the item at another time. Every effort is made by the auctioneer to execute all bids, including floor, absentee, telephone and online bids. A & A Antique Gallery is not responsible for omissions, clerical or typographical errors in the catalogue and during the auction itself. A & A Antique Gallery reserves the right to cancel any sale or bid before, during, and after the auction.
INTERNET BIDS
A & A Antique Gallery allows for clients to bid and buy online through the services of Invaluable and Live Auctioneers. All clients must be registered to bid with A & A Antique Gallery, and or through the websites prior to bidding online. Any client who chooses to use the services Invaluable or Live Auctioneers is responsible for obtaining all necessary information for bidding and buying online from Invaluable or Live Auctioneers. Any client who uses Invaluable or Live Auctioneers to bid or buy online indemnifies and hold A & A Antique Gallery and its consignors harmless against any claim arising out of or resulting from your use of Invaluable or Live Auctioneers including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, shall the A & A Antique Gallery accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
TELEPHONE BIDS
Registered buyers interested in bidding by telephone must request to do so before the auction. All telephone bids must be received by A & A Antique Gallery at least 48 hours prior to the beginning of the auction. A & A Antique Gallery will use reasonable efforts to contact buyers to enable them to participate in the bidding by telephone and A & A Antique Gallery do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. Any client who places a telephone bid through Invaluable or Live Auctioneers or by absentee bid is solely responsible to cancel any or all telephone bids prior to the start of the auction. If the client does not cancel the bid, he or she is solely responsible for the property's purchase.
ABSENTEE BIDS
A & A Antique Gallery also accepts absentee bids from registered bidders. All absentee bids must be received by A & A Antique Gallery at least 72 hours prior to the beginning of the auction. We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. We do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
BUYER'S RESPONSIBILITY(Premium, Purchase Price, Taxes & Billing)
The successful buyer and owner of the property is responsible for the amount of the successful bid, the buyer's premium, applicable taxes and all other charges as set forth in the Terms and Conditions.
*A 27% buyer's premium will be added to the hammer price of each lot.
The buyer is responsible to pay the full amount due for their purchase, including the amount of the successful bid, the buyer's premium, all applicable taxes and all other charges set forth in the Terms and Conditions to A & A Antique Gallery within seven (7) days of the auction.
In the event that A & A Antique Gallery executes absentee bids, telephone bids, or internet bids as a convenience to clients not present at the auction, A & A Antique Gallery is not responsible for any errors in connection therewith.
TAXES: All purchases (including buyer's premium) will be subject to a New York State Sales Tax of 8.75% unless the buyer is an out-of-state resident and lots are being shipped out of New York or the purchaser has a valid Tax Exempt Certificate ( an actual resale certificate must be presented and on file with A & A Antique Gallery.)
PAYMENT AND COLLECTION RESPONSIBILITIES
The buyer will receive an invoice listing all fees and the total due for all purchases within (72) hours of the auction's completion. All buyers must immediately pay for the lot purchased, within a maximum period of seven (7) days after the auction. All property purchased from A & A Antique Gallery must be removed within 30 days after the auction date. A & A Antique Gallery will not be responsible for paid items left for over 30 days after the auction date. (unless a prior agreement has been made). Items left after 30 days will incur a $10/day storage fee per item. Once storage fees have exceeded the actual purchase price of the item(s) A & A Antique Gallery can exercise the right to re-auction.
METHODS OF PAYMENT
We accept payment through PayPal, credit cards, cash, checks (drawn on U.S. bank) and wire transfer. All lots purchased, including the full hammer prices, buyer's premium and all other taxes and fees over Two Thousand ($2,000) US Dollars must be paid for directly to A & A Antique Gallery by wire transfer, money order, personal check, subject to verification of funds, and/or cashier's check. Buyer is subject to a $50 fee for bounced checks. If paying by check the check should be made payable to A & A Antique Gallery Corp.
PayPal payments are subject to a 3% transaction fee. A & A Antique Gallery is not responsible for any delays or actions caused by PayPal.
All payments or settlements shall be made in US dollars; buyers shall only collect the lots after full payments are made. Should payments be made by check or draft, lots will only be released after bank clearance. If you fail to pay within 20 days, we will charge your credit card the total amount on your invoice.
SHIPPING RESPONSIBILITIES
The winning bidder is responsible for shipping all purchased property. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the buyer. As a convenience to the buyer, A & A Antique Gallery can assist the buyer with a list of shippers. A & A Antique Gallery will not be held responsible for the negligence of carriers or packers whether or not recommended by us. A & A Gallery will have no liability of any loss or damage to such items resulting from a shipper's negligence.
A & A Antique Gallery will not allow the release of any item to a shipper without the buyer's written consent and until payment has been made in full.
Payment Terms
The buyer will receive an invoice listing all fees and the total due for all purchases within (48) hours of the auction's completion. All buyers must immediately pay for the lot purchased, within a maximum period of seven (7) days after the auction. All property purchased from A & A Antique Gallery must be removed within 30 days after the auction date. A & A Antique Gallery will not be responsible for paid items left for over 30 days after the auction date (unless a prior agreement has been made). Items left after 30 days will incur a $10/day storage fee per item. Once storage fees have exceeded the actual purchase price of the item(s) A & A Antique Gallery can exercise the right to re-auction.
Methods of Payment
We accept the following methods of payment: CREDIT CARD, PAYPAL(up to $1,000), PERSONAL/BANK CHECKS, CASH and WIRE TRANSFER. All lots purchased, including the full hammer prices, buyer's premium and all other taxes and fees over Two Thousand ($2,000) US Dollars must be paid for directly to A & A Antique Gallery by wire transfer, money order, personal check, subject to verification of funds, and/or cashier's check. Buyer is subject to a $50 fee for bounced checks. If paying by check the check should be made payable to A & A Antique Gallery Corp.
PayPal payments are subject to a 3% transaction fee. A & A Antique Gallery is not responsible for any delays or actions caused by PayPal.
All payments or settlements shall be made in US dollars; buyers shall only collect the lots after full payments are made. Should payments be made by check or draft, lots will only be released after bank clearance. If you fail to pay within 20 days, we will charge your credit card the total amount on your invoice.
