Terms & Conditions
The property listed in this catalog will be offered and sold by Pacific Galleries as owner or as "Agent for Consignor" subject to the terms and conditions set forth on this page.
PROPERTY OFFERED FOR SALE
All Articles or Lots Sold "As Is"--Pacific Galleries and the Consignor assume no risk, liability, or responsibility for the authenticity of the authorship of any property identified in this catalog (that is, the identity of the creator or the period, culture, source of origin, as the case may be, with which the creation of any property is identified herein). All property is sold "as is" and neither Pacific Galleries nor the Consignor make any warranties or representations 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, of description, authenticity, attribution, provenance, age or condition of the property. No statement in the catalog, made at the sale, on the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability.
Items of Asian Origin
Pacific Galleries strongly encourages all prospective bidders or his/her agent to personally inspect items of Asian origin during preview before the auction. Items of Asian origin are very difficult to date; opinions of authenticity may vary between experts and specialists. References to age, origin, and authorship are opinion only and are not a guarantee of authenticity or an assumption of liability, as stated in the above paragraph.
Conditions to Cancel a Sale
Notwithstanding the preceding condition, if within seven (7) days of the sale of any lot, the purchaser gives notice in writing to Pacific Galleries that the lot so sold is counterfeit and, if within ten (10) days after such notice the purchaser returns the lot in the same condition as when sold, and proves beyond a reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalog, the sale will be rescinded and the purchase price refunded.
Right to Withdraw
Pacific Galleries reserves the right to withdraw any property at any time prior to the sale.
Rugs
Pacific Galleries attempts to accurately describe rugs and identify their country of origin. Our guarantee on rugs extends only to the fact that a carpet is hand-made. Indications of pattern, region and origin should be considered as probable and are in no way guaranteed.
AUCTION PROCEDURE
Registration
Pacific Galleries requires each bidder to fill out a registration form before receiving a bidder's paddle. A valid driver's license and a major credit card may be required.
*Bid Limits & Deposits*
For select Asian auctions, Invaluable/AuctionZip/eBay bidders will be subject to a $3,000 USD total bid limit if approved. Please message Pacific Galleries through Invaluable/AuctionZip/eBay to request an increase, call our front desk at 206-441-9990, or e-mail frontdesk@pacgal.com. Requests to raise the bid limit during an auction or within 24 hours of the auction session will be processed time permitting. Bid limit increases are not permanent, and will need to be made every auction a bidder plans on bidding in excess of $3,000 USD.
A refundable deposit may be required, at the discretion of Pacific Galleries, for bidders who do not meet minimum feedback/UPI requirements. Deposits will be in the amount of $500 or 10% of the requested bid limit amount, whichever is higher (i.e. a $10,000 bid limit will require a $1,000 deposit; a $4,000 bid limit will require a $500 deposit). Deposits can be made by credit card or wire-transfer. The balance of the deposit will be refunded after the sale. Any fees charged for accepting or transferring funds will be the responsibility of the party who is first charged the fee (that is, Pacific Galleries will not pass on the cost of fees and neither will the bidder). In the event of non-payment, the deposit will be applied to the invoice as payment; if the deposit does not cover the total of the invoice, then the buyer will default on the sale (See "Default on Sale").
Acceptance of Bids
Pacific Galleries reserves the right to reject a bid from any bidder. Pacific Galleries will not knowingly accept a bid from the consignor of any lot.
Sale to Highest Bidder and Disputes
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Pacific Galleries' record of sale shall be conclusive in all respects.
Reserve by the Consignor or Seller
Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to a reserve and Pacific Galleries may implement such reserves by bidding through its representatives on behalf of the consignor. When bidding Pacific Galleries will use bidder # 23, 900, 444, 983.
Absentee Bids
Pacific Galleries, without charge for its services, may undertake to make bids on behalf of responsible persons approved by it, subject to the conditions of sale and to such other terms and conditions as it may prescribe. Pacific Galleries reserves the right, however, to decline to undertake to make such bids, and when undertaking to make such bids shall in no event be held responsible for failure to correctly enter such bids. Pacific Galleries also allows for bids of no less than $500 to be made by telephone. In this instance, the buyer must notify the staff and fill out the appropriate forms.
Payment and Title Transfer
Upon the fall of the auctioneer's hammer, or the statement of "Sold", title to the offered lot passes to the highest bidder who thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore, or such part as Pacific Galleries may require. In a case of a discrepancy between the Artfact console's record of sale and the Pacific Galleries clerking sheets record, the clerking sheets will be the final accepted record. Pacific Galleries is also not responsible for technical issues or loss of internet connection. In cases where the internet connection is lost, Pacific Galleries will not stop the floor bidding while the connection is re-established; lots may therefore have to be passed on Artfact to catch up to the floor bidding.
Payment is due seven (7) days after receiving an invoice. Pacific Galleries accepts Paypal (send payments to pacificgalleries@pacgal.com), cash, check and Visa, Mastercard, American Express (2% additional fee) and Discover cards, or email for wire transfer instructions. At the buyer's request, Pacific Galleries will charge the credit card on file with Artfact/Invaluable/AuctionZip if one was required at registration. If the buyer has not remitted payment by the second Monday after the auction, Pacific Galleries will attempt to charge the credit card on file with Artfact/Invaluable/AuctionZip for the total invoiced amount.
Non-payment will result in negative feedback, unpaid item strikes, and being placed on our no-bid list.
Receipt to be Presented to Claim Articles
No article shall be delivered to a purchaser until a paid receipt has been presented. Pacific Galleries will make deliveries or purchaser may on request facilitate the employment of carriers and packers for the purchaser's account, however, Pacific Galleries will not be responsible for their acts in any respect whatsoever.
Buyer's Premium
On each lot the total purchase price payable shall be the sum of the final bid (the "sold" or "hammer" price) plus the buyer's premium. The buyer's premium is 18% and a 5% additional premium is added for internet bidders.
Removal of Purchased Merchandise
All purchases must be paid for and removed by seven (7) days after the sale. Bidders will be assessed an additional five percent (5%) of the purchase price starting the second Tuesday after the auction; items that have been paid for but not removed may also qualify for the fee (arrangement for storage may be negotiated). If items are paid for, but not removed within two weeks (14 days) of the sale, we understand that Pacific Galleries reserves the right to re-sell the items for us under the terms and conditions of the auction Consignment agreement (http://www.pacgal.com/forms/PDF/ConsignmentContract.pdf). If items are not paid for and removed after two weeks (14 days) from the date of the sale, Pacific Galleries reserves the tight to rescind the sale of unpaid items and to re-offer those items in future auctions. Rescinded online sales will result in negative feedback and an Unpaid Item Strike for each item and the bidder being added to our No Bid List.
Default on Sale
If any of the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Pacific Galleries and to the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Pacific Galleries, at its option, may either (a) cancel the sale, retaining as liquidated damage all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expense of both sales, and Pacific Galleries commission at its regular rates and all other charges due hereunder plus incidental damages.
