Terms & Conditions of Sale
Timed Internet Auction Terms & Conditions of Sale:
1) The following together with or as amended by any posted notices or verbal announcements made during an auction constitutes the entire terms and conditions on which property shall be offered for Internet Only Timed auction Auctions Neapolitan & Gallery (referred to as "Auctioneer" or "Auction House" ), and any consignor of such property (referred to as "Seller") (collectively referred to as "WE" and/or "US") for whom we act as agent.
1-a) Registering to bid or attending the auction indicates full understanding and acceptance of these terms along with the agreement to be so bound. 1) These terms control this auction in all regards and supersede all previous announcements, advertisements, and published information however distributed, except for any announcement made by Auctioneer during the auction, which will take precedence and be controlling in all instances. 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.
2) Bidder must register with Auctioneer before bidding. Proper identification will be required. Auctioneer reserves the right to refuse to register a prospective bidder for any reason and to require the removal of a person from the auction site for any reason including, but not limited to: (a) tampering with auction lots; (b) any illegal conduct including collusive bidding or stealing; (d) disruptive behavior; (d) failure to abide by these terms; and (d) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the law.
3) Bidder should carefully guard his bidding number to avoid unauthorized purchases for which Bidder will be responsible. There is NO Buyer's Premium in effect for this Auction. This means the highest bid for each lot determines the final selling price for that lot.
4) Catalogs and brochures are guides 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.
5) 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. Auctioneer may also determine minimum acceptable increments to advance the bidding.
6) 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, including no warranty of fitness, merchantability or suitability. Bidders should carefully inspect each lot to determine condition and contents. All 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 on any information listed in the catalog or otherwise provided by Auctioneer, the auction staff or Seller.
Note: Certain property sold at auction may be subject to restrictions on its export or resale. For example, restrictions may be imposed under the provisions of the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, the Migratory Bird Act of 1982, C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention) and the conservation laws of the state in which the auction is conducted. In order to export certain items, the potential successful high-bidder should research the relevant regulations to determine if he/she must obtain a special license or licenses. Although licenses can be obtained to export some items that are the subject of these, or other laws, other items may not be exported and some property may not be resold in the United States. (Examples of regulated or prohibited items would be; Ivory, whalebone, tortoiseshell). Prospective purchasers who intend to export or resell restricted items or items that may be restricted are solely responsible for familiarizing themselves with the laws, rules, customs, and regulations regarding export or import of restricted items and for obtaining necessary licenses. Auctions Neapolitan & Gallery can not and does not assure the purchasers that such licenses are or will be obtainable.
7) All items sold as-is, where is with all defects and faults, and no warranties or guarantees of any kind will be given, including no warranty of fitness, merchantability, or suitability.
8) Shipping costs, duties, tariffs and / or other expenses incurred are non-refundable. At no time shall Auctioneer be liable for more than the fee amount earned from the consignor of the disputed lot if the buyer does not fulfill the requirements stated in these Terms and Conditions of Sale.
9) 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. 9) Bidder should assume that all Lots are reserved unless otherwise stated. Auctioneer reserves the right to bid on behalf of consignors up to, but not more than, the pre-established reserve to protect against selling at a price below the seller's pre-established reserve. This will be accomplished as necessary by placing successive bids, or bids in response to buyers' bids
10) - Online absentee bidding is offered as a convenience and seller is not liable or responsible for errors in or failure to execute absentee or proxy bids for any reason including human error, or electronic or technical failure of any kind.
11) Ownership, possession, and the risk of loss from any cause pass immediately to Buyer when Auctioneer announces the sale of a lot.
11-A) Should a dispute arise between two or more bidders, the decision of Auctioneer will be final. Auctioneers clerking records will be absolute in the event of a price dispute.
11-b) All purchases must be paid for within 5 (Five) business days of the auction.
11-c) A LATE FEE of $10.00 will be charged on the 8th day after auction.
11-d) Acceptable forms of payment include cash, approved check, PayPal, and acceptable charge cards when electronically swiped or imprinted. Auctioneer does not accept credit cards via phone, fax, or e-mail. 11-F) There will be a $50.00 penalty to Buyer for any check payment dishonored or credit card chargeback.
11-e) Legal action will be instituted to collect any unpaid account and Buyer agrees to pay all costs of collection, including reasonable attorney's fee 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.
12) SHIPPING & LOCAL PICK UP:
12-a) Buyers using a shipping agent must supply their agent with a statement of permission for pick up.
12-b) Items must be removed within 10 business days of auction. Nothing in a lot may be moved from its location prior to being paid for, buyer is responsible for bringing their own packing materials and making any necessary arrangements for removal.
12-c) Local pick up is available by appointment, starting the day following the auction.
12-d) If shipping is needed, it is buyer's sole responsibility to contact a shipping company, make shipping arrangements, and pay those costs directly to the shipping company.
12-e) Buyer agrees to handle Insurance claims through buyer's chosen shipping agent.
12-f) The following companies are listed here for convenience, however, Buyer is not required to use them and may make shipping and / or packaging arrangements with any professional shipping company they choose.
Pak Mail of America - Phone 239-793-5060
Pack IT / Ship IT, Inc - Phone 239-643-7272
The UPS Store - Phone 239-262-7678
AC Delivers - Phone 1-800-553-3629
Craters & Freighters - Phone 888-671-0177
13) Any lot not removed within 10 business days of the auction will be subject to storage fees of $10 (Ten Dollars) per day, per lot, and will be rescheduled for the next appropriate auction to be sold to settle Auctioneer's account. Said lots subject to re-auction may not be reclaimed. Any bidder who has not removed items within 10 business days will have their bidding privileges revoked.
14) Florida Sales tax will be added to the purchase price of all purchases unless a signed, valid sales tax exemption certificate is provided. Buyers having items shipped outside the state of Florida may have sales tax due to the state in which the goods are shipped. Buyer is responsible to know the sales tax laws of their state and to abide by them.
15) Persons attending the auction preview in person 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. Except for announcements made pursuant to paragraph 1 of these terms, may not be amended in any way except by a signed, written agreement between Auctioneer and Bidder.
16) 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 Collier, Florida. 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.
17) Notwithstanding 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 Auctioneer's and/or Seller's costs of collection including, but not limited to, its attorney's fees of THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of any judgment recovered against Buyer.16) 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.17)
If there is anything relevant to the auction or these terms that you do not understand, please ask Auctioneer or a member of Auctioneer's staff to assist you. We can be reached at 239-262-7333. Tuesday-Friday from 10 to 5 and Saturdays 11-4 Eastern Standard Time. (Please note hours may be modified off-season or when an event is being held.)
