Terms & Conditions of Sale
The lots listed in this catalog will be offered by Big Art Auctions as owner subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
All items are sold unreserved. High and low estimates are provided solely for comparison purposes and Big Art Auctions makes no warranties of any kind relating to them.
Big Art Auctions believes, to the best of its knowledge that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. Big Art Auctions makes no warranties of any kind related to the information presented in any listing. Big Art Auctions further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
All property is sold "as is", and neither the auctioneer makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. Big Art Auctions shall have no liability whatsoever for such withdrawal, addition or amendment.
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Big Art Auctions is in the business of locating items for sale, listing them for sale, selling them and shipping them. Big Art Auctions is not in the business of collecting delinquent accounts receivable. Big Art Auctions finds the need to do so unpleasant and a gross waste of its resources. Therefore, in fairness to Big Art Auctions and the many Bidders who do follow the agreed upon terms and conditions, violating Bidders are required to pay the following charges for forcing Big Art Auctions to spend valuable time and effort on collecting the delinquent Bidder's account and taking time away from listing items for sale and related functions.
Big Art Auctions' relationship with bidders is simple and straight-forward: Big Art Auctions finds, Big Art Auctions lists, Big Art Auctions sells, Bidder signs up, Bidder bids, Bidder wins, Bidder pays, Big Art Auctions ships. Big Art Auctions does not wish to collect any of the fees stated below. However, when a Bidder unilaterally violates the terms and conditions by not paying as agreed, and forces Big Art Auctions outside of the simple equation stated above, using valuable time and effort for non-income producing purposes, the following charges shall be vigorously applied and collected. By signing up to bid and by bidding, bidder agrees not to violate the payment provisions of these General Terms and Conditions.
Payments Include Wire Transfer, PayPal, and All Major Credit Cards. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by Big Art Auctions. A 3% Credit Card / PayPal processing fee will be added to all items.
All residents of Nevada are subject to a Nevada State Sales Tax rate of 8.1% unless a valid NV State sales tax exemption certificate is presented before the sale or if the item is shipped from another location out of Nevada.
All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Big Art Auctions is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder and this shall happen prior to placing any bid. Returns may only be made with the advance written authorization of Big Art Auctions and are in Big Art Auctions' sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in Big Art Auctions' sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by Big Art Auctions to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions.
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Big Art Auctions shall not be liable for any amount in excess of that paid by the purchaser.
In the event that a bidder does not respond to Big Art Auctions' request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to as a non-responsive bidder and the Bidder will not be able to participate in any further auctions.
Shipping will be handled in-house unless otherwise specified. This is in an effort to maintain the lowest shipping and handling cost for our buyers. We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an estimated amount in the auction invoice.
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, FedEx, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of Big Art Auctions. Big Art Auctions is not responsible for any loss resulting from items being shipped to an alternate address or recipient provided by Bidder.
We ship primarily by FedEx Ground within a commercially reasonable time following credit of the Bidder's payment to our account. On average, a Bidder may expect to receive their items within 4 to 6 weeks following their payment. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item, to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, Big Art Auctions may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. Big Art Auctions will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at Big Art Auctions' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and Big Art Auctions reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. Big Art Auctions may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, Hawaii, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. Big Art Auctions will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In Big Art Auctions' sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. It is the foreign bidder's obligation to be aware of and instruct Big Art Auctions regarding any special taxes or fees applicable to their particular circumstances.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with Big Art Auctions from other auctions which are not in compliance with the provisions of payment above, until such balances are paid in full and all funds have cleared. Big Art Auctions may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of Big Art Auction's approval of a Bidder to bid in any sale, Bidder permits Big Art Auctions to add Bidder to Big Art Auctions' mailing list. Big Art Auctions will send information to Bidder relating to Big Art Auctions' activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to Big Art Auctions' activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from Big Art Auctions or third parties providing information relating to Big Art Auctions are not spam.
Any and all of the conditions may be waived or modified in the sole discretion of Big Art Auctions.
