Garth's Auctions Conditions of Sale
Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. If you need to know fine points of condition, please call or email for a condition report. It is the Buyer's responsibility to request condition reports. Failure to request a condition report waives the Buyer's rights to rescind a sale based on the condition of an item. We would prefer you examine the items on which you are going to bid.
GUARANTEE: Garth's Auctions, Inc. continues to be committed to providing thorough descriptions that reflect our belief in service through honesty, integrity and attention to detail. Garth's Auctions, Inc. guarantees the authenticity of origin as stated in the first bold line of the catalog description, with the exception of amendments by any oral or written notices or announcements at the time of the auction. "Origin" is defined as the creator, period, culture, or source, as set forth in the first bold line of a lot in the catalog.
Exclusions Notwithstanding any other provision of these Terms of Guarantee, Garth's Auctions, Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Garth's does not guarantee any object created before 1500AD. Regarding all jewelry, all weights, sizes, grades, and metal content(s) are approximate. Regarding colored stones: purchasers are reminded that colored stones and diamonds may be enhanced by using one or more techniques, including but not limited to: clarity enhancements, resins, and heat treatment. Garth's makes no warranty express or implied to the buyer as to whether a natural stone has been enhanced.
Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, express or implied. Each and every lot is sold "as is".
BUYING FOR OUR ACCOUNT: The owners and employees of Garth's Auctions, Inc. never have, nor ever will buy any item at our auction for ourselves.
LIABILITY: Garth's Auctions, Inc. guarantees the authenticity of origin of a lot, as stated above, for a period of twenty-one days from the date of the auction and only to the original purchaser of record at the auction. If it is determined to Garth's Auctions, Inc.'s satisfaction that the first bold line is incorrect, the sale will be rescinded provided the lot is returned to Garth's Auctions, Inc. in the same condition in which it was at the time of the auction. It is also Garth's Auctions, Inc.'s policy to have the purchaser obtain, at the purchaser's expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Garth's Auctions, Inc. and the purchaser, before Garth's Auctions, Inc. determines whether to rescind the sale under the above guarantee.
The purchaser's sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Garth's Auctions, Inc. accepts no liability of any kind for an item after the gavel has fallen.
WITHDRAWN LOTS: Garth's Auction, Inc. reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property.
SUCCESSFUL BIDDERS: The highest bidder acknowledged by the auctioneer is the
buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot.
DISPUTED AND REJECTED BIDS: The auctioneer reserves the right to re-open the bidding on the disputed lot. The auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item's worth. In the event of discrepancies, sale room records take precedence regarding hammer price and the winning bidder. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet absentee bid. For example: The internet absentee was bid in an increment by the live auction provider which had you bidding $200, so the next bid was to the floor at $225 (since this was your top bid) the live auction provider could not bid $250 for you, so it sold to the floor. In short, you were off the increment. This is not controllable (or avoidable) in any way by the live auction house as we do not know what your absentee bid amounts are.
ESTIMATES & RESERVES: Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Garth's Auctions, Inc. The reserve will not be higher than the low estimate.
CONDITION REPORTS: Absentee bidders should call or email for an updated condition report. This report supersedes the catalog description. Condition reports are uploaded to our website throughout the days preceding the auction. It is the Buyer's responsibility to request a condition report. Failure to request a condition report prior to auction will represent the Buyer's acceptance of our "as-is" policy, with no remedy for issues related to condition of the property as sold. We can answer questions until 24 hours before the start of the first session.
ABSENTEE BIDS: Garth's Auctions, Inc. accepts absentee bids including internet bids, live auction internet bids and telephone bids. There is a $50 minimum on all absentee bids. These bids are executed competitively. All absentee items are purchased as inexpensively as possible. Although our absentee bidding system is 100% honest, it is not foolproof and Garth's Auctions, Inc. is not responsible for failing to execute any absentee bids. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet absentee bid. For example: The internet absentee was bid in an increment by the live auction provider which had you bidding $200, so the next bid was to the floor at $225 (since this was your top bid) the live auction provider could not bid $250 for you, so it sold to the floor. In short, you were off the increment. This is not controllable (or avoidable) in any way by the live auction house as we do not know what your absentee bid amounts are.
BUYERS 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. The buyer's premium (for bids made in person, or absentee bids placed through garths.com, or by phone, fax or email) is 20% of the successful bid price of each lot up to and including $250,000, and 12.5% on any amount in excess of $250,000. Note* Buyer's Premium for all bidding through garthslive.com, invaluable.com or any other online bidding service is 25% of the successful bid price of each lot up to and including $250,000, and 17.5% on any amount in excess of $250,000.
SALES TAX: Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Garth's Auctions, Inc. before any exemption can be made. Ohio residents will be charged 6.75%, unless exempt.
PAYMENT: We do not accept Paypal. Invoices will be emailed to the successful bidder within three business days of the auction. YOUR PAYMENT IS DUE UPON RECEIPT OF YOUR INVOICE. Due to the uncontrollable nature of the delivery of email, 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 we do not receive your payment 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. 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. We will charge you for any differences and any 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.
STORAGE: Garth's Auctions, Inc. requires that purchased items must be removed from the premises within 15 days of the auction unless other arrangements have been made. 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.
FIREARMS: Garth's Auctions, Inc. follows all Federal Firearms Regulations.
ACCEPTANCE OF TERMS: Bidding on any item indicates the bidder's acceptance of the terms and conditions of Garth's Auctions, Inc.'s policy. We would like to thank you for your interest and participation.
OTHER INFORMATION FOR OUR CUSTOMERS
CONSIGNMENTS: Garth's Auctions, Inc. will assist you by selling one item, a collection or an entire estate. For consignment inquiries and appointments call one of our representatives: Jeff Jeffers, Amelia Jeffers, Steve Bemiller, Andrew Richmond, Shane Hall or Bryan Roberts. Garth's Auctions, Inc. is also licensed to sell real estate in the state of Ohio and many other states. Please call for more information.
TRUSTS AND ESTATES: Garth's Auctions, Inc. often works with bankers, trust officers, lawyers and others with the responsibility for dispersing estates. We will work with you and your representative to discuss you estate planning needs.
APPRAISALS: Garth's Auctions, Inc. provides an appraisal service for insurance, estate tax, family division or other purposes.
Garth's Auctions Shipping and Storage
18% BUYERS PREMIUM ON LIVE & PREBID ABSENTEE BIDDING BY CREDIT CARD OR PAYPAL YOU MAY RECIEVE A 3% DISCOUNT FOR CASH IF YOU PAY IN PERSON.
20% BUYERS PREMIUM FOR PHONE BIDDERS AND A MINIMUM $50 OPENING BID ON EACH LOT.
13% BUYERS PREMIUM FOR LIVE BIDDERS AT FACILITY AND A 3% DISCOUNT FOR CASH
RING START TIMES
CRATE FINDS 10AM LOTS 1000-1999 (RING 1)
BID FIND 10:30AM LOTS 2000-2999 (RING 2)
CHOICE FIND 11AM 3000-4000 (RING 3)
LOCAL PICK UP MUST BE PICKED UP NO LATER THAN 3:00PM ON SUNDAY FOLLOWING THE AUCTION OTHERWISE YOU WILL BE CHARGED $10.OO PER DAY PER LOT STARTING ON MONDAY FOLLOWING THE AUCTION.
ONLINE BIDDERS: YOU MUST PAY WITHIN 24 HOURS OF THE END OF AUCTION YOU ARE ALSO RESPONSIBLE TO PAY FOR SHIPPING SEPARATE. WEST SIDE MAIL CENTER WILL PICK UP ALL ITEMS ON TUESDAY MORNING THEY WILL CONTACT YOU TO ARRANGE SHIPPING HOWEVER PLEASE FEEL FREE TO CONTACT THEM AT ANYTIME AT 623-974-5000-OR EMAIL THEM AT
yourshipment@westsidemailcenter.com
***IT IS HIGHLY RECOMMEND THAT YOU CONTACT THEM TO GET AN ESTIMATE ON SHIPPING PRIOR TO BIDDING WITH US.****
All items purchased must be removed from facility by 3:00pm following day of auction. EJ'S Auction is not responsible for items left after purchase. Any items not removed from facility day of auction are left at buyers own risk.
Any items left after time time allowed will be subject to a $10.00 per day storage fee plus any expenses required for moving those items. Any items left after five calendar days constitutes forfeiture of the items and assets will become property of EJ'S Auction & Consignment and will be sold at next available auction.
INSPECTION AND PER-REGISTRATION: All buyers are encouraged to inspect all items prior to bidding.
REGISTRATION: All purchasers are required to register and give the necessary information requested. You are responsible for all purchases made with your number.
TERMS: All purchases require PAYMENT-IN-FULL at the end of live auction. CASH, VISA, MASTERCARD, DISCOVER, DEBIT ONLY. ANY ONLINE BIDDERS WHOM HAVE A CREDIT CARD DECLINE AT TIME OF PAYMENT WILL BE ASSESSED A $25.00 FEE
SALES TAX: Unless a tax resale license is provided prior to date of sale, the purchaser will be required to pay the combined Arizona State and local sales tax.
DEFAULT: In default the second highest bidder will be given the option to become the successful bidder at his/her last bid. The bidder in default will be responsible for the difference in the bids, or the entire amount of his/her bid should the second highest bidder not take the option to become the successful bidder. A service charge of 1½% per month, 18% APR, will be added to all overdue accounts. The bidder in default is also liable for all legal and collection fees.
PAYMENT DEADLINE FOR ALL BIDDERS: An account becomes overdue and in default 24 hours after the auction has been completed.
NO WARRANTY: Everything in this auction is being sold "AS IS - WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. EJ'S Auction & Consignment is not responsible for missing or broken items after the auctioneer sells that item. ABSOLUTELY NO REFUNDS.
CONDITION OF ITEMS SOLD: The auctioneer shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold as is and without recourse.
SALES LIST: A sales list may or may not furnished by the auctioneer. No guarantee as to the accuracy or description is made. Deletions and additions may take place.
SHIPPING: Bidders are responsible for the shipping of all items purchased.
REMOVAL: All items require PAYMENT-IN-FULL and an authorized receipt prior to removal. All items must be removed from the premises after live auction. Large item removal will be AFTER LIVE AUCTION IS COMPLETE. Small box lots and miscellaneous items can be removed during live auction. Removal shall be at the expense, liability and risk of the purchaser. Failure to remove items by said time constitutes forfeiture of the items and the assets will become the property of EJ'S Auction & Consignment. and may be sold at the next scheduled auction. "NO REMOVAL OF LARGE ITEMS PURCHASED BEFORE THE LIVE AUCTION IS COMPLETE" *****NO EXCEPTIONS****
PERSONAL AND PROPERTY RISK: Persons attending the auction or preview, during exhibition, sale or removal goods assume all risks of damage of or loss to person or property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal(s), nor his clients shall be liable by reason of any defect in, or condition of the premises on which the sale is held. Bidder Acknowledges responsibility for any personal injury or property damage caused by bidder or bidders agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder agents, (b) any property damage occurring at the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and or bidders agents.
DISPUTE BETWEEN BIDDERS: If any dispute between bidders occurs the auctioneer may decide to put the lot up for sale again. The auctioneer's decision is final and absolute.
ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale.
AGENCY: The auctioneer is only an agent and is not responsible for the actions of his consignor(s)/client(s).
AUCTIONEER'S LIABILITY: If for any reason whatsoever the auctioneer fails to deliver an awarded lot, the auctioneer's sole liability shall be the return of any deposit or moneys paid on such non-delivered lot.
TITLE: When the item is announced "SOLD" by the auctioneer/online bidding system it immediately becomes the buyer's responsibility. Title to the item transfers to the buyer at that time.
The seller(s), however, maintain a first security interest in all items until payment is received, including the collection of all funds. EJ'S Auction & Consignment and its personnel assume no responsibility for any missing or damaged items and are not acting as the buyer's security agent. EJ'S Auction & Consignment WILL NOT REFUND ANY BUYER FOR MISSING, STOLEN OR BROKEN ITEMS.
BUYBACKS: EJ'S Auction & Consignment does not permit consignors to repurchase or bid on their consigned items. If you suspect that this is occurring, please bring it to the attention of the auctioneer.
All internet winning bidders must pay their invoice within 24 hours of the day of auction end. No discount for cash for internet bidders.
REWARD: A $250.00 reward will be paid to anyone who leads to the arrest and prosecution of any person caught stealing, renumbering, or shuffling items from lot to lot; before, during or after the auction. Any and all theft will be prosecuted to the full extent of the law.
