Terms & Conditions
1. A buyer's premium of 16% of the hammer price shall be added to each purchase to reach the total sales price.
2. Acceptable forms of payment are Visa, MasterCard, & Discover. No personal checks will be accepted unless previous arrangements have been made.
3. Complete payment is required day of auction (if bidding live at the auction gallery) or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will have the card on file charged the following day, unless prior communication has been made. Items not paid for after the 3rd day of sale are deemed noncollectable and bidder is marked as a non-paying bidder.
4. Paid items must be removed from the auction gallery. Please note that online purchasers who wish to pick up their items shall not do so until the day following the day of auction, so that our staff has adequate time to process the transaction. After three (3) days, any items remaining at the auction center will be placed in storage. Fee for storage will be $10 per day per item starting the third business day after the auction.
5. Small items (i.e. jewelry, pottery, small framed art, etc.) will be shipped by J Levine Auction & Appraisal and must include insurance. Questions regarding shipping costs, insurance and tracking should be directed to the Shipping Department at 480-496-2212 or shipping@jlevines.com. Please allow 2 weeks from receipt of payment for shipping.
6. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer will decide the buyer or immediately put the item up for sale again.
7. In the event of a tie between an online bidder and a floor bidder, the floor bid will take precedence. The auctioneer's decision will be binding and final.
8. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.
9. Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold.
10. J Levine Auction & Appraisal will not be held responsible for error or failure to execute bid(s). Absentee bids must be in writing and a fifty-dollar minimum bid is required per item. Phone bidding is an available service and must be arranged in advance with our staff. We suggest that phone bid arrangements be made 24 hours before the start of the auction in order to ensure adequate processing time.
11. All auction inquiries and condition reports must be received 24 hours prior to the start of the auction. The deadline for email inquiries is 8 pm EST the day prior to the scheduled auction.
12. Purchasers may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot. All goods are exposed for Public Exhibition and, for Internet buyer's condition is described in the listings. Item descriptions, dimensions and estimates are provided for guidance. It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our staff will be happy to prepare detailed Condition Reports on individual lots. These are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale. All goods are sold "AS IS" and "WITHOUT RECOURSE".
13. We have tried to describe each lot as accurately as possible, and we have included descriptive photographs as well. However, we are selling each lot "AS IS" and there will be no returns allowed if you are not satisfied with condition. Please satisfy yourself as to the condition of the item before bidding.
14. Your bidding at this Auction indicates that you have read and accept these Terms & Conditions of Sale.
15. If a dispute occurs on the description of an item purchased, buyer is responsible for contacting a licensed appraiser in their region, who will provide a written statement in regards to the piece disputed. This statement may either be emailed or faxed to us. J Levine Auction is not responsible for any fees incurred during this process. Disputes are considered on a case-by-case basis as we are an "As Is, Where Is" auction.
***WE ARE NOT RESPONSIBLE FOR VARIATIONS IN COLOR DUE TO PHOTO REPRODUCTION.
Should internet bidding fail for any reason, please contact 480-496-2212, to enact an absentee or telephone bid. We will do our best to accommodate you at the live auction.
Contract Information
This Bidder Agreement ("Agreement") is entered into between the person bidding on the online format (referred to herein as either "Bidder" or "Buyer") and J. Levine Auction & Appraisal, LLC, an Arizona limited liability company, or its assignee ("Auctioneer"), (together, Bidder/Buyer and Auctioneer are referred to herein as the "Parties"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
1. FULL PAYMENT: The price paid by Bidder as a buyer at an auction shall be the sum of (a) Bidder's final bid, (b) a premium of 13% of the final bid on each item if the Bidder participates in the action in person or 16% of the final bid on each item if the Bidder participates in the auction via the internet or telephone, and (c) all applicable sales tax. All purchases must be paid in full before Bidder leaves the premises or disconnects from Bidder's internet or telephone connection, as applicable. The Parties agree, and Buyer consents, that Auctioneer has a lien on all items purchased by Buyer at auction as security for payments due under this Agreement and is authorized to file and record any and all documents and instruments necessary to effectuate and/or perfect such lien, including, but not limited to, a "UCC-1 Financial Statement" form under Arizona's statutory counterparts to the Uniform Commercial Code. No item may be removed from the premises until Auctioneer receives full payment of all amounts due hereunder. Payment for all purchases must be made in cash or, if pre-approved, by credit card or check. Letters of credit or guarantees must be given for each specific auction only, along with proof of identity. Bidder agrees not to stop payment on any check and not to dispute a credit card charge made in accordance with this Agreement. Bidder is responsible for all expenses incurred for the processing and collection of a check that is returned for insufficient funds and for all expenses incurred for any charges that are reversed by a credit card company. In the event Bidder stops or places a hold on any payment made pursuant to this Agreement, Auctioneer reserves the right to repossess the items purchased thereby, at any time.
2. NO WARRANTY: ALL ITEMS SOLD AT AUCTION ARE SOLD ON BEHALF OF THE SELLER AND ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND OR NATURE AND ARE NOT SUBJECT TO RETURN. NO STATEMENT (ORAL OR WRITTEN) IN ANY BROCHURE OR CATALOG (ONLINE OR IN PRINT) BY AUCTIONEER OR BY SELLER (OR BY THEIR RESPECTIVE AGENTS), AT THE SALE OR AT ANY TIME SHALL BE CONSTRUED AS A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STATEMENTS MADE REGARDING ANY ITEM ARE STATEMENTS OF OPINION ONLY. ALL ITEMS ARE AVAILABLE FOR PHYSICAL INSPECTION PRIOR TO SALE, AND BIDDER IS ENCOURAGED TO INSPECT ITEMS PRIOR TO BIDDING. Bidder hereby represents that Bidder will have examined all items on which it intends to place a bid prior to the commencement of the sale and will accept any item won at auction AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
3. DISPUTES: The highest bidder acknowledged by Auctioneer shall be deemed the buyer of the item auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right and the discretion either to determine the successful bidder or to re-offer and resell the item in dispute. The Auctioneer's designation of a buyer shall be final. If Auctioneer fails to deliver an awarded item for reasons set forth in this paragraph, then Auctioneer will only reimburse the amount paid for such awarded item. If any dispute arises after the sale, Auctioneer's sales records shall be conclusive as to the buyer, the amount of the highest bid, and in all other respects.
4. BUYER'S RESPONSIBILITY: Subject to the provisions of Section 3, a sale by auction is complete when the Auctioneer so announces by the fall of the hammer or, if a hammer is not available, by saying "Sold"; at such time, title to the offered item passes to the highest acknowledged bidder, who thereupon immediately assumes full responsibility and all risks of loss and damage therefore, and who will immediately pay the full purchase price therefore. Buyers should guard their items accordingly. Under no circumstances is Auctioneer a bailor of any item purchased by Buyer.
5. REMOVAL OF ITEMS: All items must be completely removed from the premises by Buyer at Buyer's sole expense without exception within 24 hours following the sale of such items. Expenses incurred by Auctioneer for cleanup, removal of debris, and/or removal of Buyer's items from and after the expiration of the 24 hour period will be billed to the Buyer and Buyer hereby agrees to pay Auctioneer for such expenses. Buyer will make every effort not to damage another person's items and property while removing Buyer's items. In addition to any expenses incurred by Auctioneer for cleanup or removal, Buyer will be subject to a $10.00 storage fee per item per day on items not removed within the 24 hour period. Any item not removed within five (5) calendar days following the sale of the item will be deemed abandon. Auctioneer, at its sole discretion, may sell or store the item at the expense of Buyer. If Auctioneer sells the abandoned item, then Auctioneer will send the proceeds of such sale, after deducting all expenses, storage fees, and a 35% consignment fee, to Buyer.
6. ASSIGNMENT. Any right of Buyer under this Agreement or under the law shall not be assignable and shall be enforceable only by Buyer. Buyer shall not be entitled to any remedy, relief or damages beyond the rescission of the sale, return of the item and refund of the purchase price; and without limitation, Buyer shall not be entitled to damages of any kind.
7. INJURY; DAMAGE; HOLD HARMLESS: Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless Auctioneer and the seller, and their respective agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder's agents, (b) any property damage occurring at the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and/or bidder's agents.
8. GOVERNING LAW; JURISDICTION. Bidder hereby acknowledges that Auctioneer is an Arizona company with its principal place of business in the State of Arizona. BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, THAT THE STATE COURTS OF ARIZONA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS IN THE MARICOPA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF ARIZONA.
9. AMENDMENTS AND INTEGRATION. No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer or unless it is publicly announced by Auctioneer from the auction block prior to sale. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement.
10. SEVERABILITY. If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.
11. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise.
12. AGENT: Bidder hereby acknowledges that Auctioneer is acting only as the seller's agent and NOT the agent of Bidder.
