Terms & Conditions
The lots listed in this catalogue are being offered by Atlanta Auction Gallery, LLC as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you (the buyer) agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Potential buyers advised to personally inspect any lot in which they are interested in before the auction begins. Condition reports are available up to 24 hours before the auction begins. All lots are sold 'AS IS' and without recourse and neither Atlanta Auction Gallery LLC, heretofore "the Auction", nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Auction nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to salability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Auction and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Auction expressly reserves the right to reproduce any image of the lots sold in the catalogue.
AT THE SALE
Admission
Auction reserves the right to refuse admission to the premises and/or participation in any auction including rejecting bids.
Registration
Prospective buyer must complete registration and have a credit card on file before approval, otherwise a $500 limit will be set on bidding. By registering to bid with the Auction, Buyer agrees to the Terms and Conditions of Sale as follows:
Bidding
When making a bid, the bidder is accepting personal liability to pay the total price including buyer's premium, sales tax, and other applicable charges. In the event that explicit consent is given prior to beginning of auction that the bidder is acting as an agent for a third party, Auction will hold the bidder liable for payment.
Condition
Condition reports or statements are provided as a courtesy to interested bidders upon request 48 hours prior to the start of the auction. Reports state our professional opinion and should not be treated as a statement of fact. As such, the Auction is not responsible for any omissions or errors to these condition reports or statements. The absence of condition does not imply that the lot is in perfect condition or free of imperfections.
Absentee Bids
We will accept written bids given to us prior to the beginning of the sale by the bidder or third party agent in person or via telephone. Absentee bids are a courtesy given and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. We will make two attempts to reach the bidder by telephone. 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.
Auction reserves the right to request a copy of a valid driver's license and credit card to keep on file and is hereby authorized to process up to 20% of the low estimate on all lots requested for phone and/or absentee bidding. Auction reserves the right to process payments using the credit card on file if the Buyer fails to pay invoice in full within 5 business days of invoice being sent.
Reserves
Some lots in the sale are subject to a reserve price which is the minimum price which the item must reach for it to be sold. Reserves are agreed upon with the consignors or the sole discretion of the Auction. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. Lots offered without a reserve will usually start at half of the low estimate, unless there are already competing bids. At the auctioneers discretion, the auctioneer may reduce the starting bid until a bid is recognized and continue up from that bid amount.
Auctioneers Discretion
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 buyer, 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.
Warranties and Representations:
All property is sold As Is, Where-Is, and without recourse. Auction, for itself and as the agent for the seller, makes no warranties or representations of any kind with respect to any and all Lots. Buyer agrees that in no event will Auction be responsible or liable for the correctness, description, genuineness, authenticity, authorship, attribution, provenance, period, culture, source, origin, value, or condition of any and all Lots. Nothing said or done by Atlanta Auction Gallery shall be deemed a warranty of representation or an assumption of liability.
AFTER THE SALE
Buyers Premium and Sales Tax
Buyer agrees to pay invoice within five (5) business days of when invoice is sent and received. Buyer agrees to pay Auction buyer's premium of twenty three percent (23%) and Georgia Sales Tax of 8.9%, which will be added to the subtotal of the invoice. Additional processing fees applicable.
Tax Exempt Notice
If buyer is a Georgia entity and wants to have sales tax removed from their invoice, buyer must have a current Georgia ST-5 form on file prior to bidding. *Liveauctioneers.com now collects sales tax directly. Buyer must request sales tax exemption directly from Livauctioneers.com during checkout.
Collecting Items
The buyer must collect purchased items within ten (10) business days from the date of the sale unless prior arrangements have been made.
Failure to Collect Purchases
If purchased items are not picked up within ten (10) business days following the sale close, Auction reserves the right to charge $5 per item, per day for storage and/or deliver said items to our offsite storage warehouse at buyer's expense. Auction shall have no liability for any damage to property left on its premises for more than ten (10) business days following the sale. Property which is paid for but left on premises for any reason in excess of thirty (30) calendar days is subject to sale by Auction with the balance any funds recovered in excess of storage charges and any other fees being remitted to buyer. No refunds, no exceptions.
Shipping and Handling
Auction offers in-house parcel shipping only via USPS and UPS. Shipping arrangements of large items including but not limited to, furniture, artworks, sculptures, lighting, anything that cannot fit into a box, will be the sole responsibility of the Buyer to arrange White Glove Delivery. Auction reserves the right to deem items as parcel shipment or white glove. Buyers will be given a preferred shipping vendor service list with their invoice. All parcel shipping prices include full insurance; should an item be broken or damaged during shipping, Auction will file a claim for the damages and refund the full purchase price including shipping. Claims can take up to three (3) weeks to be processed. Auction must receive the item(s) and original packaging back before issuing a refund. Buyer must pay return shipping cost. If item is not returned, Auction will not refund purchase.
Nonpayment
If Auction does not receive payment in full, in cleared funds, within ten (10) business days following the sale, Auction is entitled to absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate.
Payment Types
Payment must be made within five (5) business days after invoice is received. For example, if invoices are sent on Sunday, then payments must be made by the end of day the following Friday. We accept cash, personal checks (up to 3 day hold), Money Orders, Wire Transfer, all major credit cards, and Paypal. Processing fees may apply with credit card payments taken over the phone or otherwise outside of paying directly through the invoice provided.
If AAG does not receive payment in full, in cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate.
