Terms of Sale
** PRIOR TO BIDDING: PLEASE READ ALL TERMS & CONDITIONS. DO NOT BID IF YOU ARE UNABLE TO ADHERE TO THE TERMS & CONDITIONS OF SALE. PAY CLOSE ATTENTION TO CLAUSE 1 AS IT IS ESPECIALLY IMPORTANT FOR DETAILS ON SHIPPING / LOCAL PICKUP. **
** THIS IS AN ONLINE ONLY AUCTION - ALL LOT VIEWING AND BIDDING MUST BE DONE VIA THE ONLINE CATALOG **
** INVOICES: DO NOT CONTACT THE GALLERY UNTIL YOU HAVE RECEIVED AND READ THE INVOICE EMAIL. SUCCESSFUL BIDDERS WILL RECEIVE THEIR INVOICE BY EMAIL ON THE AFTERNOON OF THE BUSINESS DAY FOLLOWING THE AUCTION. THE EMAIL WILL ARRIVE FROM ACCOUNTING@FLORIDAESTATESALES.ORG. PLEASE CHECK YOUR SPAM OR JUNK FOLDER IN THE CASE YOU DO NOT SEE THE EMAIL IN YOUR INBOX. **
PLACING A BID CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS, AND IS A BINDING CONTRACT TO PURCHASE. THE ACTION OF EXECUTING / PLACING A BID IMPLIES YOU UNDERSTAND THE TERMS OF SALE, AGREE TO THE TERMS OF SALE, AND HAVE AGREED TO PURCHASE THE LOT.
1. SHIPPING / PICK UP: The description for each lot indicates available shipping / pickup options for the given lot. Available options may include combinations of: Buyer Pick Up / 3rd Party, and We Can Ship.
Shipping terminology is defined as follows:
Pick Up: The buyer can pick their lot up in person during the designated pick up dates / times.
3rd Party: The buyer can arrange for transport of the lot or we will drop the lot to our local trusted 3rd Party shipping agent, The UPS Store at lake Ella in Tallahassee FL. Phone: (850) 224-9969, Email: store2281@theupsstore.com
Off-Site: See specific pickup information within the lot listing.
We Ship: Auction Company will ship the lot. Shipping charge will be added to your invoice. Domestic - Insured / traceable shipping. International - Traceable / uninsured (we cannot insure international shipments - international shipments are sent at the buyer's risk).
Local Pick Up Dates / Times: Within each lot description, we have defined the item location for the ease and coordination of those planning for local pickup of their items.
If planning for local pickup - Items must be picked up in person on the following dates / times:
Location #1 - 2811 Capital Circle NE, Tallahassee FL 32308 (Manor Gallery):
- Wednesday, May 9th from 12:00p - 3:00p
- Friday, May 11th from 12noon - 3:30p
- Monday, May 14th from 3p - 5:00p
Off-Site: Off-site times are strict and items must be picked up during the designated windows. Off-site address is provided after the auction, and only to the winning bidders of items at the given off-site location.
- Wednesday, May 9th from 2p - 3:30p
- Friday, May 11th from 4p - 5:30p
Items requiring shipment will be sent within 14 days of cleared payment. If the lot is shipping in-house, Buyers receive their shipment tracking information once their items ship. Depending on size and value, in-house domestic shipments are sent via USPS or FedEx. International shipments are sent USPS Express Mail International. All domestic shipments will include mandatory insurance and tracking / delivery confirmation. International shipments cannot be insured through our in-house shipping service. Auction Company must be notified of Shipping Claims, Damage or Loss within 7 days of receipt. Auction Company assumes no responsibility for lost or damaged items received through post. All shipping Damage / Loss claims MUST be processed and resolved through the organization by which they were insured. Shipping damage / loss claims cannot be filed on condition issues, operational condition or damage which existed prior to shipment. Absolutely no refunds or claims may be submitted beyond 10 days of delivery of a shipment. Special Shipping / Pick Up Requirements: Please contact the Auction Company and we will do our best to accommodate.
2. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Lots have NOT been tested. A majority of the lots are "estate lots" - so one should expect they will be in used condition and may have defects. Lots are sold "As-Is, Without Warranty or Guarantee." The bidder is ultimately responsible for determining the condition of a lot. All sales are final and may not be returned. The placing of a bid will be taken as full agreement to all terms & conditions. The auction house has the right to withdraw any lot. Auctioneer reserves the right to cancel / nullify the sale of any lot.
3. ABSENTEE BIDDING: Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via the online bidding catalog. Absentee bidders agree to all terms and conditions. In the case of a tie bid between absentee bidders, the auctioneer has sole, final discretion to award the winning bid. If leaving an absentee bid, please consider leaving a highest and best bid. The auctioneer or online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500.
4. TELEPHONE BIDDERS: Not Available.
5. BIDDING: The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced "sold", the high bidder has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYER'S PREMIUM: A buyer's premium of 20% applies to all bids. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
7. PAYMENT: All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. We do not auto-bill credit cards used in registration. Accepted forms of payment are cash, check, bank wire, MasterCard, Discover, Amex & Visa. Auction Company Reserves The Right To Require Payment By Bank Wire or Check. If payment is not received with 7 days, the auction house has the right to deem the sale "null & void" and a non-paying bidder claim / strike will be filed. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX: Florida Residents and Lots Shipping to an address within the State of Florida are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file. Sales Tax in Leon County Florida is 7.5%.
9. RESERVE: Most lots are offered without reservation. In an instance of a reserve, the auctioneer will announce the lot being sold as "having a reserve". The reserve will never be greater than the low estimate. If a lot is offered with a reserve, the auctioneer may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received, we will pass the item. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
10. IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL CONTACT INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Auction Company is not responsible for any delays or losses due to false information provided at the time of registration.
11. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor.
12. BID INCREMENTS: All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. Bid Increments are as follows:
Up to $40 | $2
Up to $100 | $5
Up to $500 | $10
Up to $1000 | $25
Up to $2000 | $50
Greater | $100
13. DISPUTE BETWEEN BIDDERS or TIE BID BETWEEN DIFFERENT ONLINE BIDDING PLATFORMS: In the event of any dispute between bidders or a tie bid between online platforms, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer the lot in dispute. The auctioneer's sole resolution of dispute is final and applies to all bidding mediums.
14. CONSIGNORS: Consignors are not permitted to bid on their own items. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing your item up for auction, you have agreed to sell. We cannot discuss payment on the day of the auction. Consignors may only be paid proceeds on items for which payment has been received from a buyer.
15. GENERAL TERMS & INFORMATION: Employees and associates of the auction house are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida. Auction Company has sole discretion on whether to approve an individual for bidding. Auction Company has sole discretion to decline an individual's bidder application for any reason. Auction company has sole discretion to nullify a sale for any reason.
16. INTERNET BIDDING: Bidders are able to bid via one of our Internet Auction Platforms. If bidding live via the Internet, please bid quickly. We auction approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. If leaving an absentee bid, please consider leaving a highest and best bid. The online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders may be subject to a different Buyer's Premium.
IN PARTICIPATING IN THE AUCTION - BIDDERS AGREE TO ALL TERMS & CONDITIONS OF SALE
FL: AB3439, AU3798 GA: AU004169
Shipping Terms
If planning for local pickup - Items must be picked up in person on the following dates / times:
Location #1 - 2811 Capital Circle NE, Tallahassee FL 32308 (Manor Gallery):
- Wednesday, May 9th from 12:00p - 3:00p
- Friday, May 11th from 12noon - 3:30p
- Monday, May 14th from 3p - 5:00p
Off-Site: Off-site times are strict and items must be picked up during the designated windows. Off-site address is provided after the auction, and only to the winning bidders of items at the given off-site location.
- Wednesday, May 9th from 2p - 3:30p
- Friday, May 11th from 4p - 5:30p
