Conditions of Sale
BEFORE THE SALE
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on lots with a low estimate of $300 and over. All lots are sold AS-IS and without recourse and neither International Auction Gallery, Inc. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither International Auction Gallery, Inc.nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. International Auction Gallery, Inc. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. International Auction Gallery, Inc. expressly reserves the right to reproduce any image of the lots sold in this catalog.
AT THE SALE
Refusal of Admission - International Auction Gallery, Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and reject any bid.
Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references
Bidding as Principal - When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with International Auction Gallery, Inc. before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to International auction Gallery, Inc., and that International Auction Gallery, Inc. will only look to the principal for payment.
Online Bids - 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
Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the estimate range of the lot. Reserves are agreed upon with consignors or in the absence thereof, the absolute discretion of International Auction Gallery, Inc. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at quarter to half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
Auctioneer's Discretion - 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.
Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the International Auction Gallery, Inc. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
Buyer's Premium - In addition to the hammer price, the buyer agrees to pay International Auction Gallery, Inc. a buyer's premium and the applicable sales tax added to the final total
HAMMER PRICE / BUYER'S PREMIUM
In addition to the hammer price, the buyer agrees to pay International Auction Gallery, Inc. a buyer's premium and the applicable sales tax added to the final total. The buyer premium is 25% for internet bidders.
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later then 5 p.m. on the fifth (5) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a U.S. bank unless other arrangements are made with International Auction Gallery, Inc. International Auction Gallery, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay International Auction Gallery, Inc. a handling charge of $50 for any check dishonored by the drawee.
Collecting Purchases - Once International Auction Gallery, Inc. has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
Packing and Shipping - No property will re released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. We can provide packing and shipping services at the buyer's expense. Items will be shipped via UPS unless another carrier is specified. Please note, items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs. If we cannot pack/ship your purchases, we can arrange packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We will offer recommendations of suitable third party carriers. We recommend shipping all items insured. Insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party, we can assist the purchaser in filling reimbursement, of course, only covers the actual cost of the items shipped. Within approximately one week after the auction, we will advise purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take longer to get.)
Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, International Auction Gallery, Inc. reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. International Auction Gallery, Inc. shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.
LIABILITY
Condition Reports - International Auction Gallery, Inc. is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots - 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, International Auction Gallery, Inc. shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in California. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
Discretion - Any and all of the conditions may be waived or modified in the sole discretion of International Auction Gallery, Inc.
Shipping Terms
Buyer pays shipping cost
