Terms & Conditions
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. All property offered and sold through Bally Auction shall be offered and sold on the terms and conditions set forth below. When bidding on any lot offered by Bally Auction, whether present in person or by agent, by absentee bid, telephone, internet or other means the bidder indicates acceptance of the following Terms and conditions:
1. ALL SALES ARE FINAL. ALL PROPERTIES SOLD AS IS. NO RETURNS. NO EXCEPTIONS.
2. All bids are subject to an 18% Buyer?s Premium which is in addition to the placed successful bid.
3. Lots delivered to you, or your representative in the State of California, are subject to a California State Sales Tax of 9.00%, unless the purchaser has a valid Tax Exempt Certificate ( an actual resale certificate must be presented and on file with Bally Auction)
4. We recommend prospective bidders examine all items in which they have an interest. Although 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. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
* Please note that all Asian paintings are sold AS IS, with no guarantee as to authorship or as to authenticity. All sales are final, no returns will be accepted. It is the responsibility of the potential buyer to determine whether or not any of these paintings might be original. Condition reports are available when requested, but will only refer to the physical condition of the scroll or painting.
* Please note that all JADE are sold AS IS, with no guarantee as age or authenticity of the color. All sales are final, no returns will be accepted. Judgment of such qualities is at the sole discretion of the buyer.
* Please note that High and low estimates are provided solely for comparison purposes and Bally Auction makes no warranties of any kind relating to them.
5. All bidders are required to register prior to bidding. A bidding card is required in order to bid at the auction. A bidding card may be obtained by filing in an Application Form to be provided by the Auctioneer. All registered Bidders take full responsibility for their bidder's number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered bidder. The Auctioneers reserve the right to refuse any applicant for bidding card or the privilege of bidding by number at the auction and to revoke such privilege at any time.
6. Buyers may be required to provide a credit card in order to approve requests in case of default by the buyer. By providing Bally Auction with this information, you allow us to charge and immediately refund $1 USD to ensure validity of the credit card. If you are the winning bidder on an item, you will receive an invoice by email within 24-48 hours with instructions regarding payment and shipment of your item. You will be given the opportunity at that time to contact us and let us know your preferred method of making payment (credit card, cash, check or wire transfer).
7. We accept credit cards (MasterCard, Visa, American Express & Discover), cash, check and wire transfer. 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. All property purchased must be paid in full within seven days after the initial invoice date. The winning Bidder?s failure to pay in full within 20 days will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges; credit agency reporting; legal and/or collection action.
8. All property purchased from Bally Auction must be removed within 60 days after the auction date. Bally Auction will not be responsible for paid items left for over 60 days after the auction date. (Unless a prior agreement has been made). Items left after 60 days will incur a $10/day storage fee per item. Once storage fees have exceeded the actual purchase price of the item(s) Bally Auction can exercise the right to re-auction.
9. Auctioneer reserves the right to reject any bid. 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 election, 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.
10. Some of the lots in our auctions are subject to a Reserve. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon by the consignor and Bally Auction. Representatives of Bally Auction will execute such reserves by bidding on behalf of the consignor.
11. Packing, shipping, handling and insurance are the buyer's responsibilities. Upon request, our staff will provide a 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 United States, 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.
Shipping Terms
Packing, shipping, handling and insurance are the buyer's responsibilities. Upon request, our staff will provide a list of shippers who deliver to destinations within the United States and overseas. Once you have contacted your shipper of choice, please complete our Shipping Authorization Form and e-mail the completed form to info@ballyauction.com or fax to 1-909-595-8120. For your convenience, we also provide USPS shipping for small items only (All USPS shipments are insured at the total bid amount contained in the shipment. The estimated cost of insurance and shipping is included in the Bidder's invoice). PICK-UP: If you plan to pick-up items in person please let us know as soon as possible. It will help us to speed up the invoicing process.
