Terms & Conditions of Sale
Terms & Conditions of Sale
The lots listed in this catalog will be offered by Artistic Holdings Company as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
High and low estimates are provided solely for comparison purposes and Artistic Holdings Company makes no warranties of any kind relating to them.
Artistic Holdings Company believes, to the best of its knowledge, that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. Artistic Holdings Company makes no warranties of any kind related to the information presented in any listing. Artistic Holdings Company further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain, please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
All property is sold "as is", and neither the auctioneer 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, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, 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.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. Artistic Holdings Company shall have no liability whatsoever for such withdrawal, addition or amendment.
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids
Artistic Holdings Company is in the business of locating items for sale, listing them for sale, selling them and shipping them. Artistic Holdings Company is not in the business of collecting delinquent accounts receivable. Artistic Holdings Company finds the need to do so unpleasant and a gross waste of its resources. Therefore, in fairness to Artistic Holdings Company and the many Bidders who do follow the agreed upon terms and conditions, violating Bidders are required to pay the following charges for forcing Artistic Holdings Company to spend valuable time and effort on collecting the delinquent Bidder's account and taking time away from listing items for sale and related functions.
Artistic Holdings Company' relationship with bidders is simple and straight-forward: Artistic Holdings Company finds, Artistic Holdings Company lists, Artistic Holdings Company sells, Bidder signs up, Bidder bids, Bidder wins, Bidder pays, Artistic Holdings Company ships. Artistic Holdings Company does not wish to collect any of the fees stated below. However, when a Bidder unilaterally violates the terms and conditions by not paying as agreed, and forces Artistic Holdings Company outside of the simple equation stated above, using valuable time and effort for non-income producing purposes, the following charges shall be vigorously applied and collected. By signing up to bid and by bidding, bidder agrees not to violate the payment provisions of these General Terms and Conditions.
Payments Include Wire Transfer, PayPal, and All Major Credit Cards. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by Artistic Holdings Company.
All residents of Nevada are subject to a Nevada State Sales Tax rate of 8.1% unless a valid NV State sales tax exemption certificate is presented before the sale. The rate will be applied to the buyer's premium as well. A Buyer's premium amounting to 12% of the winning bid amount will be added to the purchase price of each lot.
All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Artistic Holdings Company is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of Artistic Holdings Company and are in Artistic Holdings Company's sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in Artistic Holdings Company' sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by Artistic Holdings Company to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions.
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, misdelivered or lost prior to delivery, Artistic Holdings Company shall not be liable for any amount in excess of that paid by the purchaser.
In the event that a bidder does not respond to Artistic Holdings Company' request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to Live Auctioneers as a non-responsive bidder and the Bidder will not be able to participate in any further auctions.
Shipping will be handled in-house for most lots. This is in an effort to maintain the lowest shipping and handling cost for our buyers. We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an estimated amount in the auction invoice
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, FedEx, UPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of Artistic Holdings Company. Artistic Holdings Company is not responsible to any loss resulting from items being shipped to an alternate address or recipient provided by Bidder.
We ship primarily by FedEx, Ground or USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 weeks from payment clearing, however, now and then there may be a delay in delivery. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, Artistic Holdings Company may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. Artistic Holdings Company will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at Artistic Holdings Company' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and Artistic Holdings Company reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. Artistic Holdings Company may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. Artistic Holdings Company will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In Artistic Holdings Company' sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. It is the foreign bidder's obligation to be aware of and instruct Artistic Holdings Company regarding any special taxes or fees applicable to their particular circumstances.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with Artistic Holdings Company from other auctions which are not in compliance with the provisions of payment above, until such balances are paid in full and all funds have cleared. Artistic Holdings Company may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of Artistic Holdings Company' approval of a Bidder to bid in any sale, Bidder permits Artistic Holdings Company to add Bidder to Artistic Holdings Company' mailing list. Artistic Holdings Company will send information to Bidder relating to Artistic Holdings Company' activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to Artistic Holdings Company' activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from Artistic Holdings Company or third parties providing information relating to Artistic Holdings Company are not spam.
Any and all of the conditions may be waived or modified in the sole discretion of Artistic Holdings Company.
Taxes
Cash! Visa! M/C & Discover, PayPal, or cash (no AE) for purchases up to $2,000.00! Only Good Check-Certified Funds or Wire Transfer for Purchases Over $2,000.00. Certified check payments or wired funds or cash will also receive a 3% discount on buyer's premium. The credit card # left with Auctionzip will hold your purchase for 5 Days! All Payments are to be sent to: Bailey Auction, attn.: Wayne Bailey, 1411 Yorkshire Drive, Austin, TX 78723. Call for wire instructions. No Chargeback are accepted. Texas residents will be charged 8.25% sales tax. There is a $15.00 collection fee for each credit card that is declined.
All property is sold "AS IS", and ALL SALES ARE FINAL. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. BAILEY AUCTION COMPANY may attempt to describe the merchandise or list the consignor's description of the item, but it makes no representations as to value, condition, age or genuineness. BAILEY AUCTION COMPANY makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Satisfy yourself before you bid.
Auctioneer reserves the right to charge your credit card at the drop of the hammer.
Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card.
A 25% reselling fee will be applied to purchases not paid in full in 10 days, returned or disputed.
Bidder agrees that this agreement shall be governed by the laws of the state of Texas, with jurisdiction in Rockdale, Milam County, Texas. Should Bailey Auction Company have to engage an attorney for the collection of all sums not paid according to the terms of this agreement, it shall be entitled to recover its reasonable and necessary attorney's fees.
All registrants to the auction request and agree to be placed on out email list for future sales. If you do not want to receive an email of upcoming sales, please do not register using the AuctionZipLive service. You may register over the telephone and you will not be placed on our email list.
Bailey Auction Company is providing Internet pre-auction and live bidding through AuctionZipLive, as a convenience to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Bailey Auction Company or its agents or assigns, if the Internet service fails to work correctly before or during the live auction. Bailey Auction Company is not responsible for missed bids of any kind. Bidders are urged to use the absentee or pre-bidding feature and leave their maximum bid 24 hours before the auction begins. Bailey Auction Company reserves the right to withdraw, pass or re-catalog items in this auction.
Bidder is responsible for shipping, Insurance and handling charges of all items purchased. Lots will be combined for one shipping charge. Shipments will be made by USPS, priority flat rate where possible.
Bidder is responsible for shipping, Insurance and handling charges of all items purchased. Lots will be combined for 1 Shipping, Insurance & Handling fee. Shipments will be made by USPS. Shipping is a flat $10.00 plus insurance if requested. Local bidders may pick up their merchandise at the auction house in lieu of shipping. All packages will be shipped in USPS priority flat rate containers when possible. We will ship as soon after payment as possible. Bidder acknowledges that shipping may take as long as 10 days depending on the auction house's current auction schedule. Preferred method of contact is email. Please direct all inquiries to the auction house at baileyauction@baileyinterests.com.
