JULIEN'S AUCTIONS TERMS AND CONDITIONS
Julien's Auctions guarantees the authenticity of Attribution of
property listed in the catalogue or online as stated in the Terms
of Guarantee. Except for the Limited Warranty contained in the
terms of guarantee all property is sold "As Is". We make no
warranties, nor does the consignor, as to the merchantability
or fitness for a particular purpose, the correctness of the
catalogue or other description of the physical condition, size,
quality, rarity, importance, medium, provenance, exhibitions,
literature or historical relevance of any property. No oral or
written statements made in the catalogue, online listing,
advertisement, bill of sale, and announcement or elsewhere
made by employees (including affiliated and related
companies) shall be considered a warranty. We and the
Consignor make 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. We and the Consignor are not responsible for
errors and omissions in the catalogue, online listings or any
other supplemental material.
It is the responsibility of prospective bidders of live auctions
to inspect the property before bidding to determine its
condition, size, and to determine if it has been repaired or
restored and/or to request a condition report. Please email
info@juliensauctions.com for a condition report.
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 25% Buyer's Premium
will be added to the hammer price on each individual lot with
a hammer price of $0 to $100,000, on which I am the
successful bidder. I further acknowledge and agree that for
each individual lot sold for a hammer price above $100,000,
on which I am the successful bidder, a Buyer's Premium of
25% will be added to the hammer price up to $100,000 and
an additional Buyer's Premium of 20% will be added to any
amount above $100,000. By way of example, on a lot with a
hammer price of $125,000, a Buyer's Premium of 25% will be
added to the hammer price up to $100,000, for an amount of
$25,000, and a Buyer's Premium of 20% will be added to the
remainder of the hammer price of $25,000, for an amount of
$5,000. Thus, the total Buyer's Premium of $30,000 will be
added to the hammer price of $125,000. In addition, there will
be an additional 3% buyer's premium charged for any lots won
online. There is a minimum buyer's premium of $25 per lot. This
is regardless of affiliation with any group or organization. I
further acknowledge that I am responsible to pay Julien's
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 within 10 calendar days after the close
of the auction. I authorize Julien's Auctions to charge my credit
card provided at registration for all items purchased at this
auction, and any future Julien's Auctions I may participate in,
if not paid in full within 10 calendar days after the close of the
auction. In the event Julien's Auctions has agreed in writing
prior to the auction to provide payment terms or an extended
period of time for payment to 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, Julien's
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 Julien's Auctions. If
the monies received through the sale of the items do not meet
your outstanding obligations, Julien's 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 Julien's Auctions in connection with and arising
out of the sale of the properties, shall be refunded to you.
Payments: Checks should be made to payable to Julien's
Auctions, 3327 La Cienega Place, Los Angeles, CA 90016.
Julien's Auctions will invoice only for the property (including
buyer's premium and any applicable sales tax). We accept wire
transfer, cashier's check or personal check, MasterCard and
Visa. Auction items picked up in California and all California
and New York residents will be charged sales tax. Processing
fees for credit card payments may apply. Invoices under
$5,000 will be charged automatically to the credit card on file
unless prior arrangements are made.
Shipping: Shipping for all items has been contracted by Art
Pack Inc in Los Angeles, California. Invoices must be paid in
full prior to shipping. After the buyer has paid for their item(s)
through Julien's, they must contact Art Pack Inc. to coordinate
shipping. All shipping inquiries can be directed to Art Pack Inc.
at info@artpackco.com or by phone at (310) 328-0300. Art
Pack Inc. accepts payment by check bank wire, Visa,
MasterCard, Discover and American Express. Please allow 2-
12 weeks for the delivery of your property depending on the
size of the auction, the receiver's destination, or the mode of
transportation. All auction property is shipped at the bidder's
expense. Courtesy to all Julien's Auctions clients, 30 days free
pick up, and storage is offered. After 30 days, we charge 8.00
per lot, per day, unless prior arrangements are made. Julien's
and Art Pack Inc. will not falsify or claim a lower value on
Customs documents. Julien's and Art Pack Inc. are not
responsible if there is any delay in Customs. Julien's and Art
Pack Inc. are not responsible for returned shipments. The
buyer is responsible for all fees including duties, taxes, VAT,
Customs, and other unforeseen charges. The buyer agrees
that Julien's Auctions will not be responsible for shipping of
the property after the auction and they will deal directly with
Art Pack Inc.
Julien's provides pre-auction estimates for each item in the
catalog. This estimate is a range based on past sale
performance and an interpretation of comparable sale prices.
Pre-sale estimates are subject to change and are offered
exclusive of buyer's premium or applicable taxes. The
estimate may not be a prediction of actual selling prices which
will be determined during the auction.
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.
Bidder registration is required for all persons wishing to bid for
Julien's Auctions. Any person registering to bid by phone,
absentee, or in person will complete a Bidder Registration
Form. Online bidders will submit a completed form through
julienslive.com.
All items are offered subject to a reserve. The reserve is the
confidential minimum price acceptable to the Consignor.
During a live auction the auctioneer may open any lot by
bidding on behalf of the Consignor and may bid up to the
amount of the reserve, by placing successive or consecutive
bids for a lot or bids in response to other bidders. Online sales
may do the same by employing the use of a starting bid which
will commence bidding at or below the reserve price agreed
to by the Consignor.
Julien's reserves the right to withdraw any property before the
completion of the sale and will have no liability for doing so.
We reserve the right to accept or decline any bid. Bids must
be for an entire lot and each lot constitutes a separate sale. All
bids are per lot unless otherwise announced at a live sale by
the auctioneer. Live auction lots will be sold in their numbered
sequence unless the Auctioneer directs otherwise. It is
unlawful and illegal for Bidders to collude, pool, or agree with
another Bidder to pay less than the fair value for lot(s). Bidders
participating in both live and online auctions acknowledge that
the law provides for substantial penalties in the form of treble
damages and attorneys' fees and costs for those who violate
these provisions. For live auctions the auctioneer will have final
discretion in the event that any dispute should arise between
bidders. The auctioneer will determine the successful bidder,
cancel the sale, or re-offer and resell the lot or lots in dispute.
Julien's will have final discretion to resolve any disputes arising
after the sale and in online auctions. If any dispute arises our
sale record is conclusive. Julien's will execute order or
absentee bids, and accept telephone bids as a courtesy to
clients who are unable to attend the live auctions. Therefore
we take no responsibility for any errors or omissions in
connection with this service.
Subject to fulfillment of all of the conditions set forth herein,
on the fall of the auctioneer's hammer, title to the offered lot
will pass to the highest bidder acknowledged by the
auctioneer, and such bidder thereupon (a) assumes full risk and
responsibility (including without limitation, liability for or
damage to frames or glass covering prints, paintings, photos,
or other works), and (b) will immediately pay the full purchase
price or such part as we may require. In addition to other
remedies available to us by law, we reserve the right to impose
from the date of sale a late charge of 1½% per month of the
total purchase price if payment is not made in accordance with
the conditions set forth herein. All property must be removed
from either our premises by the purchaser at his expense not
later than 10 business days following its sale and if it is not so
removed, (i) a handling charge of 1% of the total purchase
price per month from the tenth day after the sale until its
removal will be payable to us by the purchaser, with a minimum
of 5% of the total purchase price for any property not so
removed within 60 days after the sale, and (ii) we may send the
purchased property to a public warehouse for the account, at
the risk and expense of the purchaser.
If any applicable conditions herein are not complied with the
purchaser will be in default and in addition to any and all other
remedies available to us and the Consignor by law, including,
without limitation, the right to hold the purchaser liable for the
total purchase price, including all fees, charges and expenses
more fully set forth herein, we, at our option, may (a) cancel
the sale of that, or any other lots sold to the defaulting
purchaser at the same or any other auction, retaining as
liquidated damages all payments made by the purchaser, or
(b) resell the purchased property, whether at public auction or
by private sale, or (c) effect any combination thereof. In any
case, the purchaser will be liable for any deficiency, any and
all costs, handling charges, late charges, expenses of both
sales, our commissions on both sales at our regular rates, legal
fees and expenses, collection fees and incidental damages.
We may, in our sole discretion, apply any proceeds of sale then
due or thereafter becoming due to the purchaser from us or
any affiliated company, or any payment made by the purchaser
to us or any affiliated company, where or not intended to
reduce the purchaser's obligations with respect to the unpaid
lot or lots, to the deficiency and any other amounts due to us
or any affiliated companies. In addition, a defaulting purchaser
will be deemed to have granted and assigned to us and our
affiliated companies, a continuing security interest of first
priority in any property or money of our owing to such
purchaser in our possession or in the possession of any of our
affiliated companies, and we may retain and apply such
property or money as collateral security for the obligations due
to us or to any affiliated company of ours. Payment will not be
deemed to have been made in full until we have collected good
funds. In the event the purchaser fails to pay any or all of the
total purchase price for any lot and Julien's elects to pay the
Consignor any portion of the sale proceeds, the purchaser
acknowledges that Julien's shall have all of the rights of the
Consignor to pursue the purchaser for any amounts paid to
the Consignor, whether at law, in equity, or under these
Conditions of Sale.
Under no circumstance will Julien's incur liability to a purchaser
in excess of the purchase price actually paid.
The terms and conditions of sale herein described shall be
enforced in accordance with, and governed by the laws of the
State of California.
Any claim or controversy arising out of or relating to the
Auction, the Bidder Registration Form or any breach thereof
between the registered bidder and Julien's shall be submitted
to arbitration in Los Angeles County, California before an
arbitrator from the Judicial Arbitration and Mediation Services,
Inc. ("JAMS") and conducted under its Comprehensive
Arbitration Rules, as the exclusive remedy for such claim or
controversy. Both parties further agree that the arbitration shall
be conducted before a single JAMS arbitrator who is a retired
California or federal judge or justice. By agreeing to arbitrate,
the parties waive any right they have to a court or jury trial. The
decision of the arbitrator shall be final and binding. The parties
further agree that, upon application of the prevailing party, any
Judge of the Superior Court of the State of California, for the
County of Los Angeles, may enter a judgment based on the
final arbitration award issued by the JAMS arbitrator, and the
parties expressly agree to submit to the jurisdiction of this
Court for such a purpose. The prevailing party shall be entitled
to recover the party's attorneys' fees and costs incurred in
connection with the arbitration.
Copyright Notice: Buyers of the property will not acquire any
copyright or similar right whatsoever to the property, music or
likenesses contained therein of Michael Jackson. The buyer
may not in any way reproduce, distribute, or create derivative
works of the property or copyright embodied in the property
or cause anyone else to, without the prior written consent of
the Estate of Michael Jackson who retain such rights.
TERMS OF GUARANTEE
"Attribution" is defined by Julien's as the creator, period,
culture, source of origin, as the case may be as set forth in the
Bold Type Heading of a lot in a live auction catalogue or the
lot Title of an online auction, as amended by any oral or written
salesroom notices and announcements or online notices and
announcements. We make no warranties to information not
contained in an online lot heading or information not contained
in the Bold Type Heading of any live auction catalogue subject
to the exclusions listed below.
Julien's warrants the "Attribution", as defined above and
subject to the exclusions listed below, of a lot for a period of
one (1) year from the date of sale and only to the original
purchaser on record at the auction. If it is determined to our
satisfaction that the "Attribution" is incorrect, the sale will be
rescinded if the lot is returned to the Julien's Auctions
warehouse facility in the same condition in which it was at the
time of sale. In order to satisfy Julien's that the "Attribution" of
a lot is indeed incorrect we reserve the right to require the
purchaser to obtain, at the purchaser's expense, the opinion
of two experts in the field, mutually acceptable to Julien's and
the purchaser, before we agree to rescind the sale under the
warranty. This warranty is not assignable and applies only to
the original purchaser on record with Julien's. This warranty
does not transfer to any subsequent owners of any purchased
property (this includes without limitation, heirs, successors,
beneficiaries or assigns).
Should a sale be rescinded and the purchase price paid (final
successful bid price, plus the buyer's premium), it is
specifically understood that this will be considered the sole
remedy. It is exclusive and in lieu of any other remedy available
as a matter of law, or in equity.
Exclusions will be made and this warranty does not apply to
"Attribution" which on the date of sale was in accordance with
the then generally accepted opinion of scholars and
specialists, or the identification of periods or dates of
execution which may be proven inaccurate by means of
scientific processes not generally accepted for use until after
publication of the catalogue or listing online, or which were
unreasonably expensive or impractical to employ.
Key:
• An item with this symbol indicates that the item will be sold
with a reserve
* This symbol indicates that Julien's Auctions owns this item
in whole or in part
O If Julien's Auctions has an economic interest in a lot
beyond the commission, through advancement of proceeds
or any other interest it is, it is indicated with this symbol.
