Terms and Conditions of Sale
1. Valid Photo ID and telephone number are required for customer to secure bid number.
2. The auctioneer will be the sole determinant as to who is the successful bidder. The auctioneer reserves the right, under extreme circumstances, to reopen bidding on a sold lot.
3. Once an item is sold, the buyer assumes full risk and responsibility for said items. Gateway Gallery Auction is not responsible for lost or stolen merchandise.
4. Everything is sold "as is" unless announced otherwise.
5. A buyer's premium will be charged.
6. All items purchased today must be paid for today, unless other arrangements are made at the front office.
7. Audio recordings are made of the auctioneer at each auction. Any dispute over bid price, condition or terms given by auctioneer will be settled by reviewing the audio. The auctioneer's word is final.
8. Surveillance cameras are positioned in the lobby and all galleries. Shoplifters will be prosecuted.
Payment Policy
9. Unless exempted by law, all purchases are subject to a 6% Pennsylvania state tax (this is also applicable to out-of-state buyers who pick up their purchases in Pennsylvania.) PA law requires that ALL DEALERS must have a current signed PA Department of Revenue Sales and Use Tax Certificate of Exemption on file with us (required annually for in-state; per auction for out-of-state)
10. 13% Buyer's Premium will be charged for in house bidders. 18% Buyer's Premium for bidders utilizing our online bidding platform. Buyer's Premium discounted to 10% for cash or approved check for in-house bidders.
11. All items purchased today must be paid for today, unless other arrangements are made at the front office.
12. Acceptable forms of payment are cash (in house only), approved check, bank wire transfer, MasterCard/Visa/Discover, or personal check if customer is known to Gateway Gallery Auction Inc. We reserve the right to require bank checks for purchases over $5000.00. Online Bidders may pay through PayPal
13. Buyers not known to us who wish to write a check must provide a "letter of guarantee" from an officer of your bank on original stationary to Gateway Gallery Auction. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at the time of registration. Credit arrangements must be made prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been verified.
14. All deliveries are subject to "good funds"; funds being received in Auctioneer's account before delivery of the Purchases; and all payments are subject to a clearing period. Auctioneer reserves the right to determine if a check constitutes "good funds". Checks drawn on a US bank are subject to a ten business day hold, and thirty days when drawn on an international bank.
15. All returned checks are subject to a $50.00 service charge.
16. Any accounted not paid in full within 30 days of the sale date will be subject to a 2% monthly finance charge. The purchaser shall be liable for all fees and costs associated with the collection of balance due, including attorney fees.
Absentee Bid Policy
17. If you cannot attend an auction, you may leave an Absentee Bid. All Absentee Bids are bid competitively.
18. Valid credit card information (Visa, MasterCard, and Discover) is required to secure your absentee bid.
19. Absentee bids not uniform to the auctioneer raises will be rounded up to the next bid increment.
20. Bids submitted by telephone or email must be received by Noon of the day preceding the auction. We will accept absentee bids in person up to the time of the auction.
21. In the event of identical absentee bids, the earliest received will be recorded as the highest.
22. We are not responsible for lost or unexecuted Absentee Bids.
23. We will notify all successful bidders by phone or email within 2 to 3 business days of the auction.
24. Payment of successful Absentee Bids must be made within 2 business days of notification of winning bids.
Non-Paying Bidder Policy
25. A Non-paying bidder is a person who wins the auction through the bidding process but does not follow through with the transaction. By using our online bidding platform, bidders agree to all terms and conditions of auction.
26. As a bidder, if you have the highest bid and the auctioneer strikes the item down to you - you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as unannounced severe condition problems or clear typographical errors.
27. Bidders who fail to fulfill their obligation to purchase the item(s) they have won through the bidding process will be banned from participating in any future auction. In addition, non-paying bidders will be reported to the online bidding platform; as well as being reported to other auction companies through the National Auctioneer's Association, Pennsylvania Auctioneer's Association and any Auctioneer's association in the state which bidder resides.
28. Any bidder failing to pay for shipping costs due to third party shipper, within two weeks of sale date, surrenders items to Gateway Gallery Auction
Refunds etc.
29. Refunds will be given at the discretion of the auctioneer. Request for refunds in regards to condition for items purchased in person at the gallery must be made as soon as possible and before those items leave the gallery.
30. Refund requests, on the grounds of authenticity, must be made within 15 days of the auction. Request must be accompanied by at least one supporting statement in writing from an authority recognized by the auctioneer.
31. Absolutely no refunds will be made after 15 days of the auction date.
32. Do not return any item until a refund authorization has been obtained from Gateway Gallery Auction.
33. Unless prior arrangements have been made with Gateway Gallery Auction, any merchandise not removed within two weeks of sale date will be subject to a monthly storage fee; any merchandise not removed within 60 days of the sale date will be considered abandoned and will be disposed of as seen fit by Gateway Gallery Auction.
34. These terms and conditions, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The
purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in the commonwealth of Pennsylvania.
Payment Policy
CONDITION OF SALE
1. All property is sold "AS IS". Neither Houston Antique Auction, nor the seller makes any warranty or representation with respect to the property, and they shall not be responsible for the correction of the catalogue or other descriptions of the property. The descriptions of the condition of articles in this catalogue, including all references to damages or repairs, are provided as service to interested persons, but are not warranted to be correct. Accordingly, all lots should be viewed personally by prospective buyers to evaluate the condition of the articles offered for sale. While all attribution in this catalogue to authors, artists, dates and periods are based on the qualified opinion of our specialists, such attributions are not to be relied upon as unqualified statement which is warranted to be correct. Therefore, all attributions to authors or artists and description of the condition of such lots are not warranties. Please request additional information should clarification be needed. Once bids are placed you will be expected and held to your bid.
2. Some of the lots in this sale are subject to a reserve. The reserve is a confidential price agreed upon by the seller and auctioneer, below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Houston Antique Auction, will execute such reserves by bidding for the seller.
3. Houston Antique Auction adheres to all state and federal regulations with regard to such items as are subject to oversight or trade restriction in any way.
INTERNATIONAL CLIENTS ARE INELIGIBLE TO BID ON ANY ITEMS SUBJECT TO CITES (CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES) RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ITEMS MADE OF IVORY AND HORN.
THESE ITEMS WILL BE SOLD ONLY WITHIN THE UNITED STATES, EXCEPT TO THE FOLLOWING: CALIFORNIA, NEW YORK, NEW JERSEY, AND CONNECTICUT.
IT IS THE SOLE RESPONSIBILITY OF THE PURCHASER TO OBTAIN ANY NECESSARY DOCUMENTATION OR PAPERWORK (INCLUDING, BUT NOT LIMITED TO, LICENSES, PERMITS, AND/OR CERTIFICATES), PRIOR TO FINALIZATION OF SALE. THE PURCHASER IS FULLY AND SOLELY RESPONSIBLE FOR TIMELY, IN-FULL PAYMENT, REGARDLESS OF CIRCUMSTANCES, INCLUDING DELAY OR DENIAL OF DOCUMENTATION OR PAPERWORK. SALE OF THIS ITEM IS CONTINGENT UPON PURCHASERS AGREEMENT TO COMPLY WITH ANY AND ALL REGULATIONS AND RESTRICTIONS REGARDING THE TRADE OF ENDANGERED SPECIES / CITES ARTICLES. HOUSTON ANTIQUE AUCTION RESERVES THE SOLE RIGHT TO REJECT ANY BID OR TO VOID THE SALE OF ANY SUCH ITEM AT THE COMPANY'S DISCRETION.
4. Houston Antique Auction, reserves the right to withdraw any lot before or at the sale.
5. The highest bidder acknowledged by the auctioneer shall be the buyer. The Auctioneer has the right to reject any bid. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser.
6. All merchandise purchased must be paid for on the day of the sale and removed from the premises within seven (7) days following the date of sale. Houston Antique Auction may impose, at the company's sole discretion, and the purchaser agrees to pay, a minimum storage fee of $50.00, plus an additional fee of $10.00 per day, to be applied for any lot not removed by the purchaser or purchaser's agent within fourteen (14) days following the date of sale. Customers failing to remit successful payment in full for their purchases within seven (7) days following the date of sale may be subject to non-paying bidder disputes being filed with the bid platform(s). Houston Antique Auction shall have no liability for any damage to property left on its premises. At the sole discretion and option of Houston Antique Auction, any and all merchandise not retrieved by the purchaser within the aforementioned fourteen (14) day period may be transferred to, and stored at, a third-party storage facility at the purchaser's expense, and the purchaser agrees to pay all expenses incurred thereby, including, but not limited to, transfer and storage fees. Purchaser agrees that all property not retrieved by the purchaser or purchaser's agent within ninety (90) days following the date of sale, become sole property of Houston Antique Auction and the purchaser forfeits all available rights to the property, and the purchaser relinquishes all rights to any refunds for properties not removed as stated.
7. Acceptable methods of payment include: cash, cashier's check, credit cards, PayPal and wire transfers. All payments are due upon receipt of invoice. Payments through PayPal will be charged a service fee of 4.0% (US) and 5.0% (International). Service fee for credit cards will be charged at 3.0% for (US) and 4.0% (International). Wire Transfers will be charged at $25.00 for (US) and $50.00 for (International).
8. All purchases are subject to the State of Texas 8.25% sales tax unless the Purchaser possesses and provides a Texas sales tax exemption number.
9. Houston Antique Auction, receives a commission from all property sold on hammer price for each item to be paid by the buyers as part of the purchase price ("Buyer's Premium"). Houston Antique Auction, will charge its Buyers Premium as follows:
From $1 to $5,000 22%
above $5,000 18%
10. Bidding on any item indicates your acceptance of, and agreement with, these terms and conditions and all other terms announced at sale.
11. Any and all announcements made by the Auctioneer will supersede previously communicated terms and conditions.
12. 12. Houston Antique Auction, can provide shipping via Fed Ex. for most items. Once payment of invoice has been made, please ask us to prepare a quote or shipping. If you prefer others shippers numbers will be provided that you can arrange with directly. Buyers can inquire for a shipping quote directly from the local shipping carriers.
13. If purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the price of all items for which it was the highest successful bidder, Houston Antique Auction, may exercise all of its rights and remedies under the law including (a)cancelling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and (b) offering at public auction, without reserve, any lot which the purchase has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
Auctioneer - Kelly McDaniel license #17012
Shipping Terms
Gateway Gallery Auction does not have a shipping department. Absentee, phone and internet bidders are responsible for arranging shipping of their items. Shipping cost is the sole responsibility of the buyer. For shipping quotes, please contact the shipper below. Be sure to include the sale date, lot number and/or item name. You should be aware that for large, heavy, and/or valuable items, shipping charges can be substantial.
UPS Store
Wayne Avenue
Chambersburg, PA
(717) 267-2700
Purchases will be released to the shipper when they are paid in full to Gateway Gallery Auction. Payment for shipping is made directly to the shipper. Please notify Gateway Gallery Auction within one business day if you wish to arrange pick-up of your items at our facility.
Firearms & Ammunition: Handguns will be shipped via UPS next day air to a licensed FFL holder only. Handguns will be shipped individually. Long guns will be shipped UPS ground to a licensed FFL holder. Ammo will be shipped via UPS ground only within the 48 contiguous United States. Ammo may not be packaged with firearms and will not be shipped to individuals under the age of 18. Buyer is responsible for shipping cost as well as an internal handling fee due to Gateway Gallery Auction for packing costs. NO INTERNATIONAL SHIPPING FOR FIREARMS AND AMMUNITION
International Bidders: By law Gateway Gallery Auction LLC cannot declare lesser values for any international purchases and all shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. All international bidders are responsible for paying all customs and duties on the items.
