Terms and Conditions of Sale
*IMPORTANT: PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS OF THIS AUCTION BEFORE REGISTERING TO BID. THANK YOU!!*
*****PLEASE NOTE SHIPPING PROCEDURES, SECTION 7. ALL ITEMS MUST BE PICKED UP BY WEDNESDAY, NOVEMBER 20TH. STORAGE FEES WILL BE ENFORCED AFTER THIS DATE*****
The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by J. Garrett Auctioneers, and any consignor of such property for whom J.Garrett Auctioneers has acted as agent.
By bidding at an auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale:
*TERMS AND CONDITIONS OF SALE*
1. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. J.Garrett Auctioneers attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone 214-741-2992. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. We do not give refunds! All sales are final!
2. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on J. Garrett Auctioneer's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, J. Garrett's sale record is conclusive. J.Garrett Auctioneers records the audio portion of each auction.
3. The purchaser assumes full responsibility for items at the fall of the hammer or as acknowledged as "sold" by the auctioneer as inferred verbally or otherwise.
4. As a convenience to customers, absentee bids and phone bids will be executed by J.Garrett personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. J. Garrett Auctioneers will not be responsible for failure to execute absentee or phone bids and reserves the right to decline phone bids if in the event of too many phone bidders, the inability to execute that number of phone bids. J. Garrett Auctioneers also reserves the right to refuse phone bids if qualifications, including credit card deposits, or banking info is
not provided if deemed necessary.
5. BUYER'S PREMIUM: There will be a buyer's premium of 22% for onsite and phone bidders, and 25% for Internet bidders, added to the hammer price of each lot. All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. J. Garrett Auctioneers must have a blanket exemption certificate with permit number and signature on any tax exempt sale before releasing.
6. PAYMENT -- DOMESTIC CLIENTS: We accept bank wire transfers, cash, personal or company check with proper ID, cashiers check, travelers check, money order, Visa or MasterCard; we DO NOT accept American Express. THERE IS AN ADDITIONAL 3% FEE FOR CREDIT CARD PAYMENTS, AND A MAXIMUM OF $10,000 THAT MAY BE CHARGED TO CREDIT CARDS, PER CLIENT INVOICE. (a) Items purchased in person must be paid for on the day of the auction. If you leave without paying, your credit card will be charged the next day. (b) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (c) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone 214-741-2992 or email us at info@jgarrettauctioneers.com to make payment. (d) If paying by check, J. Garrett Auctioneers reserves the right to hold all purchases until the check has cleared to the satisfaction of J. Garrett Auctioneers and its bank. If successful online bidders fail to make payment, J. Garrett Auctioneers reserves the right to institute a "dispute" with each online auction company, which will inhibit or prevent purchaser from bidding with other auction companies in the future.
*INTERNATIONAL CLIENTS*: WE ACCEPT WIRE TRANSFERS ONLY. (a) For phone or absentee bidding, your credit card information will be required to be on file, but will not be accepted as a valid form of payment. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (b) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone 214-741-2992 or email info@jgarrettauctioneers.com to make payment. If successful online bidders fail to make payment, J. Garrett Auctioneers reserves the right to institute a "dispute" with each online auction company, which will inhibit or prevent purchaser from bidding with other auction companies in the future.
***NOTE: J.GARRETT AUCTIONEERS WILL NOT SHIP ANY IVORY PURCHASED AT THIS AUCTION OUT OF THE U.S. IVORY ITEMS WILL ONLY BE SHIPPED TO U.S. ADDRESSES and successful bidders are responsible for state laws governing purchasing and shipping and J. Garrett will not be liable if current laws prohibit sale or delivery.
INTERNATIONAL PURCHASERS ARE RESPONSIBLE FOR ALL CUSTOMS FORMS, ENTRIES, RELEASES, DUTIES AND FEES, AND J.GARRETT AUCTIONEERS, NOR SHIPPERS RECOMMENDED BY J. GARRETT WILL BE LIABLE FOR ITEMS HELD UP BY FOREIGN CUSTOMS OR RELEASE ASSOCIATED DUE TO IMPROPER CUSTOMS FORMS OR DECLARATIONS.
7. SHIPPING -- It is the buyer's responsibility to arrange for and pay for shipping. J. Garrett Auctioneers does not provide shipping services or shipping quotes! We can however, refer successful bidders to reputable shipping services. All property should be removed from our premises no later than 5:00 P.M. on the sixth business day following the end of the auction. Unless prior arrangements have been made with J. Garrett Auctioneers, items not removed by the specified time will be charged storage and handling fees of $20.00 per item per day until removal. For a list of recommended shippers please check he "Shipping"link under the "Services" tab on our homepage.
8. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
9. J. Garrett Auctioneers reserves the right to withdraw any lot at any time before the auction without liability.
10. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.
11. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.
12. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, J. Garrett Auctioneers at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
13. In the unlikely event we lose our internet connection, J. Garrett Auctioneers reserves the right in its sole and absolute discretion to cancel the remainder of the auction or continue at it's discretion in live venue at it's discretion.
14. Some lots may be offered with a "reserve" which is the minimum price below which the lot will not be sold. J. Garrett Auctioneers may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneers may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids.
15. These terms and conditions of sale, as well as the respective rights and obligations of J. Garrett Auctioneers and any purchasers or bidder at any sale of J. Garrett Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Texas.
16. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.
Jeff Garrett, ST. Lic. # 6794, Justin Garrett, St. Lic. # 16236. Copyright 2013, JGarrett; all rights reserved
Payment
DOMESTIC CLIENTS: We accept bank wire transfers, cash, personal or company check with proper ID, cashiers check, travelers check, money order, Visa or MasterCard; we DO NOT accept American Express. THERE IS AN ADDITIONAL 3% FEE FOR CREDIT CARD PAYMENTS, AND A MAXIMUM OF $10,000 THAT MAY BE CHARGED TO CREDIT CARDS, PER CLIENT INVOICE. (a) Items purchased in person must be paid for on the day of the auction. If you leave without paying, your credit card will be charged the next day. (b) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (c) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone 214-741-2992 or email us at info@jgarrettauctioneers.com to make payment. (d) If paying by check, J. Garrett Auctioneers reserves the right to hold all purchases until the check has cleared to the satisfaction of J. Garrett Auctioneers and its bank. If successful online bidders fail to make payment, J. Garrett Auctioneers reserves the right to institute a "dispute" with each online auction company, which will inhibit or prevent purchaser from bidding with other auction companies in the future.
*INTERNATIONAL CLIENTS*: WE ACCEPT WIRE TRANSFERS ONLY. (a) For phone or absentee bidding, your credit card information will be required to be on file, but will not be accepted as a valid form of payment. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (b) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone 214-741-2992 or email info@jgarrettauctioneers.com to make payment. If successful online bidders fail to make payment, J. Garrett Auctioneers reserves the right to institute a "dispute" with each online auction company, which will inhibit or prevent purchaser from bidding with other auction companies in the future.
