Must Read Terms & Conditions and Accept
Terms and Conditions
All bidders are responsible for reading and understanding the following terms of sale, as well as any supplemental notices or announcements. By participating in our sale you acknowledge that you are bound by these terms and conditions. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract. If you are using Google Translate services, it often translates it into nonsense. For the purpose of this legal contract, the original English version is the only effective version.
Absentee and Telephone Bids
To place telephone and absentee bids (excluding absentee bids made online), please contact Capitoline Auction Gallery (?the Auctioneer?) 24 hours in advance of the sale to provide required information and method of payment.
Payment
Payment is required within 48 hours from the end of the auction. We accept PayPal, Credit Cards, Bank Wires, Certified Checks, and Cash. All payments must be cleared before we can release the item.
Buyers Premium
A Buyers premium of 19% will be automatically added to your invoice. Online bids are subject to an additional 2% charge.
Sales Tax
All sales to Maryland residents or if you are picking up your items from our office are subject to 6% Maryland State Sales Tax unless a valid Maryland sales tax exemption number is on file. Overseas buyers are exempt from paying local taxes but are responsible for all taxes, fees and duties in relation to exporting/importing items into their country.
?As is? condition
All sales are final. The Auctioneer will describe the item to the best of their ability. The Auctioneer and the Consignor assume no risk, liability or responsibility for the condition, authenticity or the authorship of any property identified in the catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold ?As Is? and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalog, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the catalog or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability.
Shipping
Shipping is the responsibility of the buyer. Upon request, our staff will provide the contact information to an authorized shipper who deliver to destinations within the United States and overseas. Once payment is cleared, the title and risk of loss passes to the buyer. We are not a shipping and packing service, any damage or loss during shipping is the buyer's responsibility. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
Reserves
Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and the 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 will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
Purchaser Default
If the purchaser fails to pay or comply fully with any provisions of the Terms and Conditions, the purchaser will be in default. In addition to other remedies available to the auctioneer and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Terms and Conditions, the auctioneer may, at its option, (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of (a) and (b). In the event of any default by purchaser, purchaser will be liable to the auctioneer and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys? fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums and other damages. Furthermore, bidder grants authorization to the auctioneer to automatically charge bidder's credit card(s) for all amounts due in the event payment for lot(s) is not made within 4 days of the sale.
Limitation of Liability
In no event shall the Auctioneer?s liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall the Auctioneer have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of the Auctioneer or it's agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates.
These conditions of sale shall be governed by the laws of the State of Maryland.
Buyer's Premium
Returns
All sales are final. There are no cancellations, returns or refunds. Under certain circumstances, we may make an exception and allow a cancellation, return or approve a refund. However, in the case of a return the Buyer's Premium and Shipping Cost will not be refunded.
Damaged Goods
If a purchase arrives and it is defective or damaged you will not be charged for return shipping and will be offered a replacement item or full refund if the oversight was ours. Prior to returning an item the customer must obtain a Return Authorization number from our Customer Service Department.
Re-lists
Occasionally you may notice that an item is re-listed. This can be due to a variety of reasons such as a winning bidder in a previous auction not paying for the item, multiple types of the same item or it is one of the few items listed with a reserve and the reserve was not met.
Disclaimer Appraisals
GovernmentAuction.com utilizes Retail Replacement Value Appraisals, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry, with an item of equal quality and kind, considered to be the current market price or the replacement value. This type of appraisal is done to protect you in the event of damage or loss of a valuable item. Our appraisals are conducted by and independent 3rd Party appraisal firm that utilizes Certified GIA Gemologist, if more information is needed you are welcome to contact them directly: Westfield Jewelry Appraisers | info@westfieldjewelryappraisers.com. Gemological Laboratory of America | info@gemlabamerica.com. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations throughout the world. Items should not be purchased with the expectation to resell for appraisal price or for profit.
Right to refuse bid
Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder.
The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and reoffer and resell an item in dispute, is conclusive, absolute and final.
Reserves
Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon by the consignor and Government Auction. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed.
Breach of Sale
If the buyer fails to pay in full with good cleared funds or fails to comply with the Terms and Conditions of the Sale as set forth herein, Government Auction reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to Government Auction by law:
a) Hold the defaulting buyer liable for the full purchase amount due.
b) Cancel the sale.
c) Forbid the buyer from participating in any future auction.
Cancelling a winning bid
If a winning bid is cancelled for any reason and the winning bidder wishes to back out, a 7% fee will be charged to the winning bidder to cover the costs associated with listing and the non-performer may be blocked from future bidding.
Liability
In no event will the liability of Government Auction to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
