Garth's Auctions Conditions of Sale
1. These Terms and Conditions are applicable to those buyers who wish to bid or have bid with us through Invaluable.com.
2. The Lots listed in this auction through Invaluable.com will be offered by Orange County Estate Liquidators LLC ("Auctioneer" or the "Company") as agent for consignor(s) or owner.
3. All the Property offered and sold through the Company shall be offered and sold under the Terms and Conditions set forth herein. By participating in any auction at the Company, you acknowledge that you accept and are bound by these Terms and Conditions, any of which may be modified or waived at the sole discretion of the Company.
4. Orange County Estate Liquidators advises all prospective buyers to examine in person all lots they are interested in before the auction. All Property (Lots) are sold "As Is" and without recourse, and neither Auctioneer, the Company nor its consignor(s) make any warranties or representations of any kind with respect to any of the Property (Lots) to be sold at auction, including, without limitation, with respect to warranty of title, warranty of merchantability, fitness for a particular purpose, or any other warranty or representation of any kind in reference to the Property. Neither the Company nor its consignor(s) shall be responsible for the correctness, authenticity, provenance, attribution, condition or any other terms used to describe the Property; and furthermore, neither Auctioneer nor its consignor(s) shall be deemed to have made any representation or warranty, in any advertisement, or in any statement by anyone or which is made at the sale, in the bill of sale, invoice, or elsewhere, nor shall any of the foregoing be deemed an assumption of liability. The absence of any reference to the condition of a lot does not imply that the lot is free of imperfections or the effects of aging
NO Guarantee's are made regarding any Art Work listed in this catalogue. Any names listed are only stating that the name may be on the art work or in the style of the artist. We do not in any manner guarantee that the art has been done by the artist listed. Make your own decision before you bid. It is strongly recommended you request a condition report prior to placing any bid. No condition reports will be available 24 hours prior to the auction start.
5. All prospective buyers must register and provide identification before bidding. We require bank or other financial references. The Company reserves the right to refuse participation in any auction at any time at the Company's sole discretion.
6. Invaluable.com registered bidders agree to accept personal responsibility for paying the total purchase price, which includes the Hammer Price plus a 23% buyer's premium and all applicable taxes. Buyers Premium includes 3% commission paid to Invaluable.com by Orange County Estate Liquidators. If a buyer (i.e. a third party) would like to appoint an agent to bid on their behalf it must be agreed in writing by the Company before the start of an auction, and Orange County Estate Liquidators will look to the aforementioned third party for payment. Visa, Mastercard Credit Card payments are charged an additional 3% processing fee.
7. The Company will accept any pre-sale ("Absentee") bids left in writing prior to the commencement of the Sale, however, the Company is not responsible for failing to execute such bids, or for any errors or omissions in connection with such bids. If an Item or Lot receives written bids for identical amounts, and they are the highest bids, the Item or Lot will be sold to the buyer whose written bid was received and accepted first. The Company's copy of and records regarding receipt and acceptance of any Absentee bid shall be deemed sole evidence and conclusive.
8. Some Lots in the Sale may be subject to a confidential reserve below which the Lot will not be sold. The Auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
9. If any Lot is offered without reserve, unless there are already competing bids, the Auctioneer, may open the bidding at half the low estimate. If a bid is not offered at that level, the Auctioneer may proceed backwards until a bid is offered, and then continue up from that initial bid at increased increments.
10. The Company reserves the right to withdraw any Property at any time before the hammer falls at its complete discretion, and shall have no liability whatsoever for such withdrawal.
11. The Company reserves the right to reject any bid. The highest bidder acknowledged by the Auctioneer will be the buyer. In the event of any dispute between bidders, the Auctioneer shall have absolute and final discretion either to determine the successful bidder, or to re-offer and re-sell the Property in dispute. If any dispute arises after a sale, the Company's sale record shall be conclusive and final.
12. 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.
13. Title of the property immediately passes to the highest acknowledged bidder when the Auctioneer's hammer falls, subject to the Terms and Conditions set forth herein, at which point the bidder assumes full risk and responsibility for the Property. The buyer shall pay the full purchase price within five days, which includes Hammer price, together with the 21% buyers' premium, plus any applicable fees & taxes. Payment shall be made in US dollars by credit cards accepted by the Company, cashier's or certified check, cash or bank wire transfer ($30.00 Fee). Payment will not be considered complete until funds are cleared. Credit Card orders will require a signed authorization to charge said card prior to release of property. No Property will be released to the buyer until payment has been made in full. If payment is made by check the Company reserves the right to hold Property purchased until funds have cleared the bank. Buyer agrees to pay the Company a handling charge of $50 for any check dishonored by the drawee.
14. The Buyer will pay for and remove all purchased Property at their own expense within five (5) days of the date of sale, and if not removed, the Property may be sold by the Company, or removed by the Company to a public warehouse or storage facility, at the sole risk, responsibility and expense of the buyer. The Company will not be responsible for any loss, theft, or damage to any Property remaining on the Company's premises after the sale. Any items purchased & paid for that are not picked up and stored on the Company's premises after seven(7) days become the property of Great Estates Auction & may be resold at auction.
15. 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, the Company reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to the Company by law including but not limited to:
a) Report the default buyer to a National Credit rating agency with a claim which will include all expenses of collection, legal fees, storage fees, interest and any and all additional costs incurred.
b) hold the defaulting buyer liable for the full purchase amount due;
c) charge interest at a rate the Company decides upon within reason;
d) cancel the sale;
e) resell the property without reserve at public auction, or privately under such terms as Company deems appropriate. In addition, the defaulting buyer will be responsible for any costs incurred by the Company including, but not limited to, handling, storage, commissions, insurance, administration, any and all legal fees, incidental damages and all costs relating to this transaction; and
f) Forbid the buyer from participating in any future auction.
16. The Company can provide a successful bidder with a list of shippers if required. However, the Company will not be responsible for the acts or omissions of carriers or packers engaged by the buyer whether or not such shipper was listed by the Company. Property will not be released to a third party shipper without the buyer's consent, and unless the Company is in receipt of full payment. Any packing and handling by the Company is at the entire risk of the buyer and the Company bears no liability for any loss or damage to such items. Any costs of packing and shipping completed by Orange County Estate Liquidators will be charged by separate invoice and no items will be released until said charges have cleared any related banking or monetary processes. The cost of shipment will be Buyer's full responsibility.
17. If a purchased Lot, for any reason, cannot be delivered in the same condition as at the time of sale, or should any purchased Lot be stolen, misdelivered or lost prior to delivery, the Company shall not be liable for any loss. Delivery is completed and is defined as transfer of purchased items to the buyer, agent of the buyer and/or authorized shipper.
18. The conduct of the auction and all transactions associated with it, the Terms and Conditions herein set forth, together with the rights and obligations of the Company, Consignor and Buyer are governed by the laws under the jurisprudence of the State of New York. If any part of these Terms and Conditions is found by an New York court to be invalid, illegal or unenforceable that part will be discounted and the rest of the Terms and Conditions will continue to be valid to the fullest extent permitted by law.
Garth's Auctions Payment Terms
PAYMENT: Invoices are emailed to the successful bidder within three business days of the auction. Please do not call Garth's to inquire about your invoice until at least three business days after the auction, as that is the time we require to receive and process auction data from Invaluable. Your payment is due upon receipt of your invoice. The delivery of email is subject to factors outside the control of Garth's; therefore, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If your payment is not received within ten (10) business days of the auction, Garth's reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. Garth's Auctions, Inc. accepts cash (in-house only), personal and certified checks, wire transfer or VISA, MasterCard and DISCOVER as payment for items purchased. Please note: we do not accept PayPal. Items may not leave the premises until payment is made and checks have cleared. A fee of $50 will be assessed on all returned checks. There will be a late fee of one and one half (1 1/2) percent per month with a minimum of $10 on all invoices not paid within 28 days after the auction. You are responsible for paying in US DOLLAR currency. You are responsible for any currency-conversion fees if not paid in US DOLLARS. Garth's reserves the right to take possession of any items not paid within 28 days, for re-sale, at bidder's expense. You will be responsible for any difference between net selling price and original invoice, including storage fees. Bad debts will be reported to appropriate credit agencies.
Garth's Auctions Payment Terms
PAYMENT: Invoices are emailed to the successful bidder within three business days of the auction. Please do not call Garth's to inquire about your invoice until at least three business days after the auction, as that is the time we require to receive and process auction data from Invaluable. Your payment is due upon receipt of your invoice. The delivery of email is subject to factors outside the control of Garth's; therefore, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If your payment is not received within ten (10) business days of the auction, Garth's reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. Garth's Auctions, Inc. accepts cash (in-house only), personal and certified checks, wire transfer or VISA, MasterCard and DISCOVER as payment for items purchased. Please note: we do not accept PayPal. Items may not leave the premises until payment is made and checks have cleared. A fee of $50 will be assessed on all returned checks. There will be a late fee of one and one half (1 1/2) percent per month with a minimum of $10 on all invoices not paid within 28 days after the auction. You are responsible for paying in US DOLLAR currency. You are responsible for any currency-conversion fees if not paid in US DOLLARS. Garth's reserves the right to take possession of any items not paid within 28 days, for re-sale, at bidder's expense. You will be responsible for any difference between net selling price and original invoice, including storage fees. Bad debts will be reported to appropriate credit agencies.
Garth's Auctions Shipping and Storage
SHIPPING: Clients are invited to either pick-up purchased items at our auction location during regular business hours or have items shipped. If we are able to ship your purchase a charge for packing and shipping will be included on your invoice. We will also provide you with a list of third party shippers, which you may use if you choose or if you purchase something that Garth's is not able to ship. All international clients will be referred to our third party shippers list. Purchasers utilizing third party shipping services will be charged by the company selected for packing, handling, postage and insurance. Garth's Auctions, Inc. is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. If a client declines insurance on a shipment Garth's will be unable to issue any type of refund for damage to items purchased. Your winning bid will not be canceled, rescinded, or retracted due to any shipping limitation, including international shipping issues. It is your responsibility to resolve shipping issues PRIOR to bidding in this (or any other) auction. If you plan to pick up your items, please let Garth's know as soon as possible, so that we can have them accessible.
*Note: Regarding the shipment of firearms: please be aware that many restrictions apply to the international shipment of firearms, antique or otherwise. Ivory cannot be shipped outside of the USA.
STORAGE: Due to limited storage space for sold items, Garth's Auctions, Inc. requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. A notice of 24 hours must be given before items are picked up. Garth's Auctions, Inc. reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Garth's Auctions, Inc., be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk.
