Terms and Conditions
At Jonathan Roberts Auction House we do everything possible to
make our auctions fair and transparent. Please take note of the
general terms and conditions of bidding listed below.
Accepting the Terms and Conditions - Before bidding on-site, online, via phone, absentee or by proxy at a Jonathan Roberts auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with Jonathan Roberts Auctioneers. Bidding on any item indicates your acceptance of these terms listed below and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, internet or other absentee bid.
Registration - All bidders are required to have a Bidder's Number to bid and must be registered prior to bidding. Registration to bid is free. You must present satisfactory photo identification when registering to bid at the auction site (identity card, driver's license, or passport). Jonathan Roberts Auctioneers reserves the right to refuse the issuing of a bidding card. You will be required to place an active and usable credit card on file prior to being presented a bidding card. Bids will not be accepted from those persons under the age of eighteen (18) without written consent of said persons parent or legal guardian. Written consent must acknowledge the terms and conditions of sale. This written consent constitutes an agreement to be bound thereby on behalf of the bidder.
All sales are final - All bids submitted at Jonathan Roberts auctions are final and irrevocable, whether they are submitted on-site, online, via phone, absentee or by proxy. If you are the highest bidder and the auctioneer announces the lot as sold to you, and as such bidder there upon you assume all and full risk and responsibility; including without limitation, liability for or damage, condition and viability as you are the new owner of that item. All sales are final.
Auctioneer discretion - 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 re-offer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final. The highest bidder shall be the buyer at the hammer price.
Dispute between bidders - If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
Bidder responsibility - Prior to auction, Bidder is expressly advised to physically inspect any property on which bidder is interested in bidding and to rely on such inspection, as opposed to descriptions in the catalog or elsewhere. We recommend that you visit the auction site to inspect any items you would like to buy before bidding on auction day. You may also send someone to the site to conduct the inspection on your behalf.
ALL PROPERTY IS SOLD "AS IS: WHERE IS" - While Jonathan Roberts attempts to describe all property with accuracy, Jonathan Roberts shall in no event be liable for any oral or written description of Property, or for any errors or omissions relating thereto. ALL PROPERTY IS SOLD "AS IS." In no event whatsoever does Jonathan Roberts or any of their respective officers, employees or agents make any oral or written express or implied representations, warranties or guarantees as to the merchantability, fitness for a particular use, the correctness of any catalog description or other description as to the origin, physical condition, quality, rarity, authenticity, attribution, value, estimated value, importance, provenance, exhibition history, potability, historical relevance or bibliographic references concerning any Property.
Warranty - Jonathan Roberts sells each and every item "as is, where is" without recourse. We make no representations or warranties with respect to the items in our auctions. Jonathan Roberts or any of their respective officers, employees or agents shall not be responsible for the correct description, authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. All measurements and sizes are approximate. No oral or written statements made by auctioneer, written in the catalog, online listing, advertisement, bill of sale, and announcement or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty.
Jonathan Roberts or any of their respective officers, employees or agents makes
no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights of any property. Jonathan Roberts or any of their respective officers, employees or agents is not responsible for errors and omissions in the catalog, online listings or any other supplemental material. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted nor will any deduction be allowed on damaged articles as all goods being exposed for public exhibition are "as is, where is"; without recourse.
Reserve(s) - Jonathan Roberts holds both reserved and unreserved auctions. Each and every item may be auctioned/sold with or without reserves, minimums or limits. This is at the sole and complete discretion of Jonathan Roberts. Jonathan Roberts expressly forbids owners and their agents from bidding on any item they have consigned to an auction. This applies to on-site, online, via phone, absentee or by proxy bidding.
Addition to or withdrawal from sale - The Auctioneer reserves the right to withdraw
from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots and will have no liability for doing so.
Buyer's premium - A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. I acknowledge and agree that a Buyer's Premium will be added to the hammer price on each individual lot with a hammer price on which I am the successful bidder. I further acknowledge that I am responsible to pay Jonathan Roberts Auctions the aggregate of the hammer price and the Buyer's Premium, plus sales tax if applicable, for such lot(s). All invoices must be paid prior to close of the auction, unless agreed to by Jonathan Roberts. I authorize Jonathan Roberts Auctions to charge my credit card provided at registration for all items purchased at this auction, and any future Jonathan Roberts Auctions I may participate in, if not paid by the close of the auction. In the event Jonathan Roberts Auctions has agreed in writing prior to the auction to provide payment terms or an extended period of time for payment by you, you acknowledge and agree that you shall have no right, title, or interest in and to any property purchased by you until all amounts owed by you are paid in full. If you fail to comply with the terms of the payment plan or extended payment period, upon your default,
Jonathan Roberts Auctions shall have the unequivocal right, at its sole discretion, to sell some or all of the property on which you were the successful bidder, and to apply the proceeds toward the balance of any monies owed by you to Jonathan Roberts Auctions. If the monies received through the sale of the items do not meet your outstanding obligations, Jonathan Roberts Auctions shall have the right to pursue any and all remedies available under the law against you pursuant to the provisions set forth herein. If the monies received through the sale of the items exceed your outstanding obligations, the excess, minus any fees or costs incurred by Jonathan Roberts Auctions in connection with and arising out of the sale of the properties, shall be retained by Jonathan Roberts.
Manner of payment - Purchases must be paid in full by the close of the auction. All lots are to be paid in full by cash, Mastercard, Visa, or Debit Card before the close of the auction.
Sales Tax - will be paid on the hammer price and the Buyer's Premium. All purchases will be subject to Sales Tax unless the buyer provides Jonathan Roberts Auctions with a valid Resale Certificate at the time of registration and prior to bidding.
Highest bidder - If you are the highest bidder at the hammer/selling price, you are solely and immediately responsible for insuring your purchase. Every item won during the auction, immediately becomes the sole responsibility of the new owner as soon as the auctioneer announces that an item has been sold.
Removal - shall be at the expense, liability, and risk of the purchaser. Purchases will be accessible only upon presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the time specified for removal. Buyers cannot take possession of or remove their purchases from the auction site until the total purchase price (including applicable taxes or fees) has been paid in full. Purchases must be removed from the site by the time specified during the auction or on the auction details page on this website. NO
LOT MAY BE TAKEN FROM JONATHAN ROBERTS AUCTIONS UNTIL CHECKED OUT BY AUCTION STAFF.
Personal and property risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
Breach of Sale - If the buyer fails to pay in full with good cleared funds or fails to comply with the Terms and Conditions of the Sale as set forth herein, Jonathan Roberts Auction reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to Jonathan Roberts Auction by law: Hold the defaulting buyer liable for the full purchase amount due and charge the bidder's credit card on file for the full amount owed including but not limited to; hammer price, buyers premium, applicable taxes and administrative fees and costs. b) Cancel the sale. c) Forbid the buyer from participating in any future auction.
Shipping - Shipping is not provided by Jonathan Roberts. Winning bidders are solely responsible for shipping their items; including but not limited to and all costs and logistics.
Translation - Where Jonathan Roberts has provided you with a translation of the English language version of these terms, please note that the translation is provided for your convenience only. To the extent there is any inconsistency between the English language version of these terms and any provided translation, the English language version shall take precedence.
Buyer's Indemnity. Buyer shall indemnify, defend, and hold JONATHAN ROBERTS, and its officers, directors, employees, and agents, harmless from any loss, expense (including attorneys' fees and expenses, which shall be paid in advance), liability, costs, or damages incurred by reason of (i) any breach or alleged breach of any warranty herein or breach of this Agreement by Buyer, (ii) any inaccuracy of any certificate, document or instrument delivered by Buyer pursuant to or in connection with this Agreement, and (iii) any act or omission of Buyer, its agents or employees, adversely affecting Property. Buyer's representations, warranties and indemnification will survive completion of the transactions contemplated in this Agreement.
Entire Agreement. This Agreement (including all instruments incorporated by reference) constitutes the entire agreement between JONATHAN ROBERTS and Buyer pertaining to the subject matter hereof and supersedes any and all prior discussions and agreements between them. This Agreement may not be amended, nor shall any waiver, change, modification, consent, or discharge of any part of this Agreement be granted, except by an instrument in writing executed by both JONATHAN ROBERTS and Buyer. Any failure by JONATHAN ROBERTS to enforce any provision of this Agreement shall not operate as a waiver of such provision.
