Conditions of Sale
ALL INTERNET BIDDERS ARE REQUIRED TO READ AND AGREE TO THE FOLLOWING CONDITIONS OF SALE.
1. You must be registered at least 24 hours in advance of the start of the sale in order to participate.
2. The Buyers Premium is 28% for all internet purchases.
3. All property must be paid for within seven (7) business days after receiving your invoice. Invoices will be sent via email the week following the auction.
4. Buyer is responsible for making all arrangements for the packing and shipping of purchases within 30 days of the auction either through Jackson's or an outside shipper.
5. The absence of condition remarks in the lot description DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. All items are sold AS IS and there will be no returns based on condition.
6. Registered bidders accept all personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Jackson's before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Jackson's, and that Jackson's will only look to the principal for payment.
-PAYMENT-
*IMMEDIATE PAYMENT IS REQUIRED*
Payment methods accepted are wire transfer, money order, and personal check (terms apply). Payment made by irrevocable wire transfer may incur a processing fee. Due to the exorbitant processing fees charged by credit card companies, Jackson's International is unable to accept credit cards as payment for purchases. A 28% Buyers Premium is added to the hammer price of each item sold on the internet live auctions. For in-house bidders, a standard 28% Buyers Premium is added to the hammer price of each item sold. All property must be paid for within seven (7) business days after receiving your invoice, unless otherwise arranged with an authorized staff member. Jackson's may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price on invoices that are outstanding over thirty (30) days after the date of the sale.
-CONDITION OF LOTS-
All items are sold AS IS and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the lot description DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Condition reports are available upon request. However, no employee or agent of Jackson's International Auctioneers and Appraisers is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Jackson's recommends that they not bid on the property. To accommodate prospective buyers, all items offered for sale are available for viewing the Saturday and Sunday prior to the auction from 10am-5pm and Monday through Friday prior to the auction from 9am-5pm.
-CONDITION REPORTS-
Please note that Jackson's is pleased to provide our opinion of the condition of items offered for sale upon request. This service is provided for guidance only, without legal obligation. We are not professional conservators or restorers, and therefore cannot guarantee the content of the written condition report. Subsequently, if a prospective buyer has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Jackson's recommends that they not bid on the property. Please note that the condition of frames is not guaranteed.
Notwithstanding this report of condition, all lots are offered and sold AS IS and there will be no returns based on condition in accordance with the "Conditions of Sale" as listed.
-SHIPPING AND/OR REMOVAL OF PROPERTY-
Buyer is responsible for all packing and shipping arrangements for purchases. As a convenience, Jackson's offers packing and shipping services domestically and internationally. All successful absentee bidders may request a shipping quote from Jackson's to be sent with their invoice. This shipping quote includes the cost of standard shipping as well as charges for materials and labor. Please indicate any special shipping instructions on the bid form. Purchases paid by personal check will not be shipped until funds have cleared our bank.
Jackson's is not liable for any damage to purchases that are not removed from our property within seven (7) business days of the auction. Failure to remove property from Jackson's after seven (7) business days after the auction will result in Jackson's storing your property, with no liability to Jackson's, and you agree to hold Jackson's harmless for any damages associated with said storage. No storage fees will be charged if the merchandise is picked up or shipped within 30 days of the auction. After this period of time, the purchaser will be assessed a $10.00 per lot per day storage fee until the merchandise is picked up or shipped. If a storage fee is assessed, it is payable in full prior to removal of any merchandise from Jackson's premises.
Purchaser agrees that after 60 days after the date of the auction, if the purchased merchandise has not been removed or other arrangements have not been authorized by Jackson's personnel in writing, the merchandise shall be sold at auction at no reserve. All costs of notice, advertising, commissions, the sale and additional storage fees per lot at $10.00 per day will be assessed against the proceeds of the sale. Any funds remaining after the resale of the items and payment of auction fees and storage fees will be distributed as required by law.
1. Most items auctioned are of considerable age and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS" except for the 60-day limited warranty contained herein and referred to in Paragraph 9 below, and neither the Auctioneer nor the Consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. Auctioneer and the Consignor are not responsible for errors or omissions in the catalog or any supplement material. The Buyer expressly acknowledges and agrees that in no event should Auctioneer, its officers, agents, or employees be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages.
2. Auctioneer reserves the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
3. Auctioneer reserves the right to reject any bid. The highest bidder acknowledged by Auctioneer will be the Buyer. In the event of a dispute between bidders, Auctioneer has final discretion to determine the successful bidder.
4. On the fall of the Auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by Auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price plus Buyer's Premium and any applicable fees (such as sales tax and shipping) IMMEDIATELY upon receipt of invoice.
5. A Buyer's Premium of 28% of the successful bid price will be added to the purchase price & is payable by the Buyer as part of the total purchase price.
6. If any applicable conditions herein are not complied with by the Buyer, in addition to other remedies available to Auctioneer and the Consignor by law, including without limitation the right to hold the Buyer liable for the total purchase price, Auctioneer at its' option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the Buyer or (b) resell the property either privately or at public auction without reserve & in either event the Buyer will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & commissions on both sales at Auctioneer's regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting Buyer shall be deemed to have granted Auctioneer a security interest in, & Auctioneer may retain as collateral security for such Buyer's obligations to use, any property, in Auctioneer's possession owned by such Buyer. Payment will not be considered to have been made full until Buyer's check has cleared the Auctioneer's bank.
7. Auctioneer undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids.
8. The Buyer's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any Buyer's Premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. Auctioneer and Consignor shall not by liable for any incidental or consequential damages incurred.
9. As stated in Paragraph 1 above, neither Auctioneer nor Consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalog, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically provided herein. Except that Auctioneer warrants the authorship (as hereinafter defined) of a lot only for a period of sixty (60) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified within the sixty (60) day limited warranty period, it is determined to Auctioneer's satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to Auctioneer in the same condition in which it was at the time of sale. Auctioneer shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, mutually acceptable to Auctioneer and Buyer, before Auctioneer determines whether to rescind a sale under this limited warranty. If requested, Auctioneer will provide Buyer with the names of acceptable recognized experts. Buyer is advised that said lot should be inspected by themselves or their agents to their own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires sixty (60) days from the date of sale. Otherwise, there is no recourse whatsoever with Auctioneer as to authorship as defined hereinafter. Consignor, through its consignment contract, has agreed to allow Auctioneer to provide or release to the Buyer of a contested item, after the limited warranty period, necessary contact information of the Owner (i.e., name, address, and phone number) if Buyer wishes to seek a remedy or resolve a dispute in this matter directly with the Owner, after the limited warranty period runs. Buyer agrees and understands that after the sixty (60) day limited warranty, Buyer waives all right to request refunds of commissions, whether paid by Owner or Buyer, and all commissions are nonrefundable and shall remain the property of Auctioneer. Once the 60 day limited warranty period expires, Auctioneer may elect to have no involvement in the dispute between Owner and Buyer other than to provide contact information. If testimony is required of Auctioneer's employees or experts, their time will be charged to the respective party at the rate of $250 per hour plus expenses.
10. Authorship is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalog, as amended by an oral or written salesroom notices or announcements. Lack of authorship would also include fake or counterfeit items.
11. These Conditions of Sale and the Buyer's and our respective rights and obligations hereunder are governed by the laws of the State of Iowa. By bidding at an auction, each Buyer and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Auctioneer (but not including claims brought against the Consignor by the Buyer of lots consigned hereunder) shall be resolved by legal action brought in Black Hawk County, Iowa as the sole place for jurisdiction and litigation of any issues between the parties.
12. The terms listed herein are defined as "Auctioneer" as Jackson Auction Company, LTD (d/b/a Jackson's Auctioneers & Appraisers of Antiques & Fine Art); "Buyer" as Purchaser/Successful Bidder; "Consignor" as Owner/Seller of the "Property" as consigned lot(s)/item(s).
-EXHIBITION-
To accommodate prospective buyers, all items offered for sale are available for viewing the Saturday and Sunday prior to the auction from 10am-5pm and Monday through Friday prior to the auction from 9am-5pm. We encourage all prospective buyers to personally inspect or have their agent inspect property before bidding to determine its condition and whether or not it has been restored, repaired or altered.
-A NOTE TO BUYERS OF ECCLESIASTICAL-
Jackson's maintains the right to reject any bid from persons bidding on certain ecclesiastical items such as chalices and monstrances if Jackson's, in their own discretion, feels that the buyer of such items would use them for any other reason than what they were originally produced for.
-BIDDING-
All lots will be sold in numerical order according to the printed catalog and approximately 100-120 lots will be offered per hour. If you are unable to attend the auction in person, but wish to participate, Jackson's offers two convenient ways for you to do so: absentee bidding and telephone bidding. Absentee bids & telephone bids will be executed only with a signed bid form.
-BID INCREMENTS-
Bidding may open above or below the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction. When leaving absentee bids, please make sure your bids fall within the proper increments.
$0-$100-- $10
$100-$500-- $25
$500-$1000-- $50
$1000-$2000-- $100
$2000-$5000-- $200
$5000-$10,000-- $500
$10,000+ $1000 or auctioneers discretion
-SUCCESSFUL BIDS-
Successful bidders will be notified and invoiced the week following the sale. All bidders will receive a list of sale results if they purchased the sale catalog or enclose a stamped self-addressed envelope with their absentee bid form.
