Circle Auction Terms and Conditions
Thank you for bidding with Circle Auction. We appreciate your business. The following terms & conditions contain important information that bidders need to review and understand prior to bidding. If you have any questions regarding these terms please contact Circle Auction by email at : Info@CircleAuction.co
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All lots listed in the auction are offered by Circle Auction LLC ("Circle") as seller's agent or owner, are subject to the following terms and conditions. These terms may be supplemented or amended by us at any time prior to the start of an auction. Registering for an auction by Circle or bidding on any lot by any means, including, but not limited to, in-person, by telephone, or online bidding platforms and applications, establishes the bidder's agreement and acceptance to be bound by these auction terms and conditions.
Buyer's Premium: A buyer's premium is an additional charge to the purchaser of a lot. It is a percentage of their winning bid and is added to the winning bid amount. All winning bidders agree to pay a buyer's premium of 19% to 23% (depending on buying platform) of the final hammer price.
Before you place a bid at Circle Auction:
Condition: Circle strongly recommends, if at all possible, prospective bidders to examine lots in person prior to placing a bid. Circle representatives make every attempt to note any issue(s) with condition or item damages in the lot description as a courtesy to bidders, but it is the responsibility of the bidder to determine lot condition prior to bidding. The lack of any note by Circle as to the condition of the lot does not imply that the lot is free of wear and tear and/or in mint condition.
Circle representatives are not professional restorators or conservators, and we suggest interested parties consult with conservation professionals for a more detailed opinion. Unless otherwise stated, all lots are sold "AS IS, WHERE IS," and all sales are final.
Artist Attribution Convention:
"Artist Name": Our opinion is that this is a work by the named artist.
Attributed to "Artist Name": Our opinion is that this is probably a work by the named artist, though with less certainty.
Studio of "Artist Name": Our opinion is that this a work by an unknown hand in the studio of the named artist, which may or may not have been executed under the artist's direction.
Circle of "Artist Name": Our opinion is that this a work by an unidentified yet distinct hand closely associated with the named artist, but not necessarily his pupil.
Style of…..; follower of "Artist Name": Our opinion is that this is a work by an artist working in the named artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
Manner of "Artist Name": Our opinion is that this is a work in the style of the named artist and of a later date.
After "Artist Name": Our opinion is that this is a copy of a known work of the named artist.
The term signed and/or dated and/or inscribed means that our opinion is that the signature, date, and/or inscription are from the hand of the artist.
The term bears a signature and/or date and/or inscription means our opinion is that the signature and/or date and/or inscription have been added by another hand.
With signature..., With date..., With inscription...: Our opinion is that the signature/date/inscription is by a hand other than that of the named artist.
Warranty: Neither Circle nor its seller(s) make any representation or warranty, either express or implied, as to the description, quality, authenticity, period, source, or significance of any lot sold, except as to warranty of title. No statements by Circle, its agents, representatives or employees, whether in writing or spoken orally, shall create any representation, warranty or assumption of liability, nor that the winning bidder will receive any reproduction rights or copyrights to lots they purchased. Circle retains and reserves the rights to reproduce photography of lots sold.
Estimates: Estimates for each lot include a low and a high figure. They are provided for the convenience of bidders but do not constitute a guarantee or warranty that the item or lot will close at or between the estimates.
Lots Withdrawn: Circle reserves the right to withdraw any lot prior to the start of the auction and shall not incur liability for withdrawal of said lot(s).
Registering to Bid: To Bid with us, you are required to Register to Bid in advance of the start of the sale. In addition to our general registration requirements, we reserve the right to require the following items: photo identification, bank references, credit card pre-authorization for the low estimate, a deposit (we will refund the deposit if you are not high bidder and winner of the lot. Any deposit will be applied to any item for which you are the high bidder).
Bidding with Circle Auction
Circle Discretion: Circle has full discretion to decide the flow of each auction, including pre-bids, rejection of a Bid, lot withdrawal, dispute resolution, and to re-offer or resell any lot. In any case, the decision of Circle is final, and is binding to any and all participants in the auction.
Risks & Assumed Costs: By placing a Bid, you understand that a submitted Bid can and may be the High and/or Winning Bid for a particular lot. Additionally, your Bid on any lot is considered a legally binding agreement to purchase the lot at your Bid price, if accepted by the auctioneer, or in a timed auction. By placing a Bid you agree that to assume personal responsibility to pay for the item at your high Bid price, plus any Buyer's Premium and additional charges or costs that may become payable in connection with your purchase, such as shipping, insurance, sales tax, or other costs. If the lot is closed by the auctioneer and your Bid is the highest Bid, you agree to purchase the lot, and you assume risk of loss and damage to the purchased lot. All Sales are as is / where is and final.
Internet During Live & Online Auctions: Circle cannot be held liable for any Internet failure or outage either of the bidder's service or Circle's. Items sold before a failure/outage remain sold to the respective winning bidder previously recorded by Circle and/or the online platform(s) being utilized. In the event of a failure of Circle's Internet service, items unsold at the time of the failure or outage will be opened for bidding as soon as service is restored and subject to the original auction process and conditions. Similarly, the item currently opened by the auctioneer at the time of failure/outage will be reopened when service resumes.
Auctioneer Control: During an auction, the Auctioneer is the final arbiter of sales. Bids are called for and recognized incrementally. Placing a bid online or in the auction room does not guarantee the bid will be recognized by the auctioneer owing to the current intensity of bidding or bids already received in increments or amounts already above this bid. Items or lots receiving little or no attention may be "passed" by the Auctioneer and are not subject to a later re-opening of the bidding process or post-auction sale.
Reserves: Some consignors establish reserves on their lots when they send their lots to auction. Reserves are confidential and establish a minimum price under which the lot will not be sold. Reserves must be established no greater than the low end estimate of the lot as published in the catalogue. Circle may open the bidding on reserved lots below the reserve amount by placing a bid on the consignor's behalf. Circle may continue bidding on the consignor's behalf up to the amount of the reserve by placing bids in answer to other bidders. Circle will not bid on the consignors behalf above the amount of the established reserve. Consignors are contractually prohibited from bidding on their own lots.
Confidentiality: Circle will not reveal to the public personal names, platform user names, or any contact information of winning bidders.
Absentee & Telephone Bids: Circle accepts absentee bids before and during the auction preview in person, by phone, fax, email and on CircleAuction.co. Online absentee bids may be placed on your preferred online auction platform as a pre-bid beginning when the catalog is posted and opened.
For absentee bids registered with us by email, fax, or telephone, an experienced auction house employee will act as the bidding agent during the auction and make all reasonable efforts to place bids competitively, purchasing each lot with the lowest competitive bid possible for the absent bidder up to their stated maximum amount. Please note: We will not exceed this amount. Between identical high bids, preference shall be given to the bid received first. A $100.00 minimum bid is required on all lots. Absentee bids will be executed according to our standard bidding increments. Circle executes all absentee bids at its discretion and makes no guarantee nor accepts any liability for any human or electronic failures, oversights or omissions in our absentee or telephone bidding processes.
Bidders who wish to competitively place their bids by telephone during the auction must register with us by completing telephone bidder form no later than one day before the auction is scheduled to begin. During the auction a bidding agent will call you two or three lots before your lot opens in order to establish contact and prepare you for the opening of bidding. Telephone bids will only be accepted for lots with low estimates of at least $300.
After the Auction
Buyer's Premium: Unless otherwise stated by Circle, the winning bidder is responsible for, and agrees to pay the final hammer pricer, a buyer's premium, and any applicable sales tax within five (5) business days of auction close. A buyer's premium of 19% will be paid on all winning bids through Circle's website and app, and 23% on all winning bids on third party auction platforms, such as Live Auctioneers & Invaluable.
Payment: Payment in full is due within five (5) business days of the close of the auction. Circle accepts cash, credit, debit, wire transfers, personal and certified checks. No lot may be picked up until payment is made in full, including any applicable fees and costs as outlined in these Terms & Conditions. Circle reserves the right to hold lots until a check has cleared the bank. Payments are accepted in US Dollars only and any fees for currency conversion are the responsibility of the winning bidder. All returned checks will be assessed a fee of $45 which must be paid along with the winning bid amount and any other applicable fees before the lot may be picked up.
Circle Auction reserves the right to require wire transfer payments for invoice amounts over $5000.
If payment in full is not made within thirty (30) days of the close of the sale Circle has the discretion to pursue one or more of the following options: a) process the full amount due on the winning bidder's credit card on file, b) charge a late fee equal to one and a half percent (1.5%) of the total amount due per thirty (30 days) with a minimum finance charge of $10 per lot per month. c.) cancel the sale in its entirety d.) resell the lot by public or private sale with no reserve, with the original winning bidder responsible for costs and commissions under Circle's Agreement, as well as any deficiency remaining after the second sale e.) defalt bidder's name and information may be shared with bidding platforms as a bidder in default.
f.) begin legal proceedings to collect the past due amount along with legal fees, costs, and interest.
Sales Tax: The winning bidder is responsible to pay state and local sales tax as required by law. Exempt bidders should file a tax exemption form with Circle to have sales tax removed.
Pick Up, Packing, & Shipping: Winning bidders may pick up their lots, once paid in full, at Circle's auction office during regular business hours. If packing and shipping is required, we can provide you with a list of recommended shippers by request. You will be responsible to contact, arrange shipment, and pay 3rd party shippers. Circle will not be responsible for loss or damage of purchased lots handled or shipped, nor for acts and omissions, by 3rd party shippers, whether recommended by us or not. Circle will not release the lot for shipment until payment has been made in full and a buyer's written shipping authorization form has been received. Winning bids may not be retracted, canceled or rescinded due to issues with shipping including, but not limited to, costs or prohibitions. It is the responsibility of the bidder to account for shipping prior to bidding.
Failure to Pick Up & Storage: Winning bidders must pick up or have lots shipped within 15 calendar days of the close of the auction. On the 16th day from the close of the auction Circle has the right to charge the winning bidder a storage fee of $5 per lot per day. Lots that have been paid for, but remain on our premises sixty (60) days from the close of the auction may be sold by Circle, with no notice to the buyer. Any funds in excess of the purchase price, commissions, applicable costs, and storage fees remitted to the original winning bidder. Lots left with Circle after the 16th day from the close of the auction are stored at the buyer's risk.
Liability for Purchased Lots: If a lot that that been purchased and paid in full cannot be presented to the winning bidder in the same condition as it was at the time of the auction, or should a lot be lost, stolen or mis-delivered, Circle's liability shall be limited to the the full amount paid by the winning bidder and shall in no event include any compensatory, incidental or consequential damages. 3rd party shippers remain fully responsible for loss or damage to lots they have handled.
Choice of Law: These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to its conflict of laws provisions or bidder's actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the service will be brought solely in Johnson County, Kansas, and all bidders consent to the jurisdiction of such court. The invalidity or unenforceability of any provisions herein shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect. Circle has the full discretion to waive or modify any and all of the terms and conditions contained herein.
Shipping Terms
Pick Up, Packing, & Shipping: Winning bidders may pick up their lots, once paid in full, at Circle's auction office during regular business hours. If packing and shipping is required, we can provide you with a list of recommended shippers by request. You will be responsible to contact, arrange shipment, and pay 3rd party shippers. Circle will not be responsible for loss or damage of purchased lots handled or shipped, nor for acts and omissions, by 3rd party shippers, whether recommended by us or not. Circle will not release the lot for shipment until payment has been made in full and a buyer's written shipping authorization form has been received. Winning bids may not be retracted, canceled or rescinded due to issues with shipping including, but not limited to, costs or prohibitions. It is the responsibility of the bidder to account for shipping prior to bidding.
Failure to Pick Up & Storage: Winning bidders must pick up or have lots shipped within 15 calendar days of the close of the auction. On the 16th day from the close of the auction Circle has the right to charge the winning bidder a storage fee of $5 per lot per day. Lots that have been paid for, but remain on our premises sixty (60) days from the close of the auction may be sold by Circle, with no notice to the buyer. Any funds in excess of the purchase price, commissions, applicable costs, and storage fees remitted to the original winning bidder. Lots left with Circle after the 16th day from the close of the auction are stored at the buyer's risk.
Liability for Purchased Lots: If a lot that that been purchased and paid in full cannot be presented to the winning bidder in the same condition as it was at the time of the auction, or should a lot be lost, stolen or mis-delivered, Circle's liability shall be limited to the the full amount paid by the winning bidder and shall in no event include any compensatory, incidental or consequential damages. 3rd party shippers remain fully responsible for loss or damage to lots they have handled.
