Conditions of Sale
AGREEMENT:
By registering to participate and bid in this Ahlers & Ogletree, Inc. auction, Buyer agrees to the Terms and Conditions of Sale as indicated in this Agreement ("Agreement"). You acknowledge that Ahlers & Ogletree ("Auctioneer") acts as an agent for the Seller ("Seller"), unless otherwise indicated on a lot's catalogue entry or announced at the time of auction.
In this Agreement, "we", "us", "our", "A&O", "Auctioneer" and "Ahlers & Ogletree" mean Ahlers & Ogletree, Inc, a Georgia corporation; and "you", "your", "buyer", "bidder", and other similar terms mean the individual or entity bidding on or buying a lot from us at auction, in person, via the internet, or other means.
DISCLAIMER:
Ahlers & Ogletree, Inc. reserves the right to refuse individual admission and participation in our auctions, to reject bids at any time, and to withdraw any lot at any time from auction.
Auctions may be recorded and stored for security and quality assurance.
1. AGREEMENT
By registering to participate and bid in this Ahlers & Ogletree, Inc. auction, any buyer or bidder agrees to the Terms and Conditions of Sale as follows:
Any bid you submit can and may be the winning bid for a particular lot. Any bid you submit constitutes an offer to buy the lot for the amount of your bid, subject to the terms of this Agreement. If we accept your bid, you become contractually bound to buy the lot in accordance with that bid and this Agreement.
All sales are final. You are responsible for satisfying yourself about the condition or any other matter concerning each lot on which you bid. You are advised to personally examine any lot on which you intend to bid prior to the auction and/or sale. By bidding on a lot, you hereby represent, warrant and covenant that you have examined the condition of the lot to your satisfaction and have no objections with its condition. All sales are final.
2. REGISTRATION:
As a condition of bidding in an auction or sale of one or more lots, we may require you to do all or any of the following: (a) Verify your identity by providing us with a government issued photo identification; (b) Verify your address by providing us with a valid government-issued identification, a utility bill, and/or bank statement; (c) Establish credit and verify your creditworthiness by providing a valid credit card number, credit references and/or an initial deposit, which may include a pre-authorization hold of a portion of the estimate of the lots on which you may bid; (d) Verify you satisfy an age minimum by providing us with age-bearing identification; and (e) Furnish us with such other documents as we may request.
We may require you, as a Bidder on a lot with an estimate of $2,000 or more: (a) to provide an initial deposit of a portion of the low estimate; and/or (b) to grant us the right to charge your credit card for all or a portion of the selling price on the date of the auction. Auctioneer also reserves the right to process credit card payment if the Buyer fails to pay invoice in full within 10 business days of invoice being sent.
3. WARRANTIES & REPRESENTATIONS:
All property is sold AS IS, WHERE-IS, and without recourse, except as expressly stated otherwise in the following paragraph:
All information in the catalogue concerning authenticity is guaranteed for a period of thirty (30) days from the date of sale. In that time, prior to payment to the consignor of the work, Auctioneer will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by the Auction House and the purchaser, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this thirty (30) day time frame. Should the buyer not do so, or should the buyer request the auction house to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the thirty (30) day warranty shall still apply
- All measurements are approximate.
- This Warranty does not cover any description that states there is a conflict of specialist opinion; any description that states (or is bracketed in a section described as) "as-is" or "not guaranteed."
- This Warranty does not cover any description or title using the terms "Attributed to", "Manner of", "Style of", "School of", "Follower of", or similar.
- This Warranty does not cover any typographical errors.
- This disclaimer of liability on our part applies whether the information is included in the catalogue, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
4. LIVE AUCTION:
Ahlers & Ogletree, Inc. conducts live auctions where you can participate in and watch the bidding in real time - in person and online - while an auctioneer conducts the auction, accepts, and announces bids, and determines a winning bid. In a live auction, we are represented by one or more people who will lead and conduct the auction. We exclusively determine the conduct of any auction, including, without limitation, whether, when and/or if to advance the bidding, to reject any bid offered, to withdraw any lot, to reoffer and resell any lot, and to resolve any dispute in connection with a sale. We may withdraw a lot from auction for any reason and with no liability whatsoever for such withdrawal. Our determination in management of an auction or sale is final and shall be binding upon you and all other participants in such sale. Our collection and file of records related to each auction, lot, and sale will constitute the factual, accurate record of all transactions you participate in under this Agreement. You agree that if there is a discrepancy between our records and any other records or messages related to a sale or transaction, our records will govern.
5. THIRD-PARTY INTERNET BIDDING SERVICES AND PLATFORMS
Our auctions are available via online third-party bidding platforms to collect or facilitate auction bids, including without limitation Live Auctioneers, Invaluable and Bidsquare, each of which may levy a commission for their services, and have their own rules on fees and how to bid and buy online using these Bidding Platforms. Ahlers & Ogletree, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Bidding Platforms. Your dealings with Bidding Platforms are solely between you and such Bidding Platforms. We encourage you to be aware of, and to read, the terms and conditions and privacy policy of any Bidding Platforms that you visit. You expressly release Ahlers & Ogletree, Inc. from any and all liability arising from your use of any Bidding Platform or other third-party website or service. Bids left with Bidding Platforms are released to Ahlers & Ogletree, Inc. when a lot comes up for sale. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE AND OUR SELLERS BE LIABLE FOR ANY DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE BIDDING PLATFORMS. We may discontinue or add any or all Bidding Platforms at our election.
These platforms are independent and do not communicate bids with each other or the Auctioneer in advance of the live auction. While you may be the leading bidder on one platform, you should not be assured of your leading status as there may be a higher offer on another platform.
6. RESERVES
Ahlers & Ogletree, Inc. may offer each lot subject to a confidential minimum price below which we may not sell the lot. The auctioneer may open the bidding on any lot below the Reserve. We prohibit sellers from bidding on their own lots, but we may seek to satisfy the reserve by bidding on behalf of a seller at the auction up to the Reserve.
7. OPENING BID
All lots are published with an opening bid of 50% of their low estimate unless otherwise agreed upon with Seller. On auction day, we will determine the opening bid based on the Reserve and lot estimates. We may change the opening bid at any time based on bidding activity and interest. You are responsible for watching online to stay informed on bidding activity and the opening bid.
8. RECEIPT OF BIDS
Our live auctions are run on multiple online auction platforms, including but not limited to LiveAuctioneers, Invaluable, Bidsquare, and at AandOauctions.com. These platforms are independent and do not communicate bids with each other. There are often circumstances where the same bid is offered on multiple platforms - as we are not provided a live feed of digital time stamps from these various 3rd party auction platforms, these bids are accepted at the Auctioneer's sole discretion and the Auctioneer will have the final decision, without recourse, about determining the winning bid.
9. ESTIMATES
Estimates are intended as a guide to the eventual hammer price of a Lot. Estimates do not include the Buyer's Premium, any applicable taxes, or any export, import or shipping charges you may incur. We set estimates based on recent prices paid for similar property and on the lot's rarity, quality, condition, and current market appeal. Estimates can change. Estimates are preliminary only and are subject to revision by us from time to time in our sole discretion. We make no guarantees, representations, or warranties of any kind, express or implied, including, without limitation, regarding the sale price of any lot, whether the lot will sell at all, or the price realized upon resale.
10. LOT DESCRIPTIONS:
Lot descriptions may not be exhaustive or represent all of the information of every kind about a lot. We may not disclose the identifies of previous owners of the lot if that information is not available to us or if we are not authorized to do so. Any description of a lot's dimensions and/or weight is approximate. Photographs of a lot identify the lot and, sometimes, give you an approximation of their size in relation to other common objects. Images of a lot may not show the condition of a lot clearly; colors and shades may look different on the screen as opposed to how they look on physical inspection.
11. LOT CONDITION:
Condition reports provided by Ahlers & Ogletree, Inc. reflect professional opinions and should not be treated as factual guarantees. Buyers waive any claims regarding errors or omissions in such reports and are solely responsible for inspecting lots prior to bidding. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or free of imperfections.
We do not warrant, and we specifically disclaim, the condition of any frame that accompanies any lot.
12. BIDDING INCREMENTS:
$0 - $250 : $25
$250 - $1,000 : $50
$1,000 - $2,000 : $100
$2,000 - $5,000 : $250
$5,000 - $10,000 : $500
$10,000 - $20,000 : $1,000
$20,000 - $50,000 : $2,500
$50,000 - $100,000 : $5,000
$100,000 - $200,000 : $10,000
$200,000 - $500,000: $25,000
$500,000+ : $50,000*
* additional increments will be at the discretion of the auctioneer.
We may reject nonconforming bids. However, since we regulate the bidding, we may change the Bidding Increments in our discretion. And, if we receive an Absentee Bid that does not conform to the Bidding Increments, we may reduce your Absentee Bid enough to meet a lower Bidding Increment.
13. BIDDING
We offer several methods and media through which you may place bids at a live auction, both before the live auction and during the live auction.
You will be held responsible for the purchase of any lot for which you have placed a Winning Bid. So, if you submit one or more conflicting or competing bids on a lot through different platforms or methods, you are solely responsible to cancel any or all of your previously submitted bids.
ABSENTEE BIDS
Once a live auction's lots are posted on our Site, you can start bidding on one or more lots in that auction. Absentee Bids can be placed in a variety of ways, including the following:
1. Online, through our site: just click the bid button on an item's page.
2. Online, through a 3rd-Party Bidding Platform (additional charges may apply)
3. By Fax, by completing our faxable / emailable bid form which you can find on our site. Our staff will also be happy to email this to you.
While we endeavor to confirm all absentee bids via email, you are solely responsible to check your bid and its status before the live auction. We cannot be liable for errors in bidding including situations in which our bid confirmation contained errors that you did not correct. We will place your Absentee Bids at our discretion and at your risk. We assume no responsibility for a failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid. Further, we will take reasonable steps to carry out bids at the lowest bid price, subject to the Reserve, but will not have any liability if we fail to do so.
BIDDING DURING THE LIVE AUCTION
You may bid during a live auction in a variety of ways, including the following:
1. In-person in the appropriate sale room.
2. Online through our site - this portal will open 30 minutes before the start of the auction and will remain open through the duration of the sale session. Just click the bid button on the item's page.
4. Online through a 3rd-Party Bidding Platform (additional charges may apply)
5. Through a phone bid, by completing our faxable / emailable bid form which you can find on our site. Our staff will also be happy to email this to you.
a. We cannot guarantee that we will succeed in reaching you by phone or accurately placing your bids. When registering to bid by phone on a lot, you may be able to submit a back-up bid which our agent can execute on your behalf if the agent cannot reach you by phone during the live auction
Calls and emails received on the day of an auction regarding new bids or changes to existing bids will be addressed as we are able. While we will make every effort to accommodate all requests, we may not be able facilitate last minute requests made to the auction house by phone or email.
14. BUYER'S PREMIUM:
We will charge you a commission on each lot you buy at auction. This commission is called the Buyer's Premium. Buyer agrees to pay Ahlers & Ogletree, Inc. a buyer's premium based on winning bid amounts as follows:
- Winning bids placed directly with the house via in-person bidding, phone, absentee, or at bid.AandOauctions.com: 27% of any winning bid. A 3% discount will be applied to any invoice where payment is made via check, wire transfer, ACH, or cash.
- Winning bids placed via 3rd Party Bidding Platform 28% of any winning bid, regardless of payment method.
15. SALES TAX:
All purchases are subject to the sales tax rate as stipulated by their city and/or state unless a valid tax-exempt certificate is supplied to Auctioneer. The actual sales tax rate and conditions depend on the state, county, or locale to which the lot will be shipped or where the buyer or buyer's agent takes possession. That means that if you buy property from us, it may be subject to the sales tax in the area where you or your agents receive it or take possession of it. The Buyer is ultimately responsible for tax compliance in their jurisdiction.
16. PAYMENT
ALL SALES ARE FINAL and Non-Negotiable.
Invoices will be emailed within three (3) business days following the auction. It is the responsibility of the Buyer to remit payment and remove their merchandise per the terms of this agreement.
ALL BUYERS: Full payment of invoice is required within ten (10) business days of first invoice being sent.
Payment Methods:
By placing a bid, bidder has agreed to full responsibility, risk, and liability of Lot, and to remit full payment including hammer price, applicable sales tax, and respective buyer's premium in the event buyer is acknowledged as highest bidder by auctioneer. ALL BIDS ARE CONSIDERED LEGALLY BINDING AND NON-NEGOTIABLE.
Ahlers & Ogletree, Inc. accepts cash, checks, Wells Fargo direct wire transfers, and credit cards including Visa, MasterCard, American Express, and Discover for most purchases - Ahlers & Ogletree, Inc. reserves the right to demand payment via secured funds for all NEW and/or INTERNATIONAL buyers. All payments must be made in US Dollars.
LivePayments via LiveAuctioneers: LiveAuctioneers requires that invoices be sent out directly from their platform. These invoices will include fees associated with payment using that method. You may elect to pay Ahlers & Ogletree directly and avoid these additional fees by emailing us at [email protected] with a request for an invoice. Note that LiveAuctioneers automatically charges your card on file 72 hours after invoices have been sent. Ahlers & Ogletree has no control over this, so please act quickly if you would like an in-house invoice.
Please note a flat $18 fee for domestic wire transfers and a flat $25 fee for international wire transfers.
Credit card payments may be made at www.AandOauctions.com or in person - credit card payments cannot be processed via phone.
Failure to Pay:
Should Buyer fail to pay the balance of their invoice within 10 business days of invoice being sent, or otherwise comply with these Terms and Conditions, Ahlers & Ogletree, Inc. shall be entitled to one or more the following remedies:
(1) to recover from Buyer all monetary loss arising from the resale of the Lot (including all costs of any resale or attempted resale);
(2) to retain any deposit or partial payment paid by Buyer;
(3) to recover from Buyer all of its costs and expenses of collection including attorney's fees of fifteen percent (15%) of the outstanding balance, interest on the outstanding balance of up to 3% per month, and other related costs;
(4) all other relief and remedies allowed by law. Georgia law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be in Fulton County, Georgia.
NOTE: It is the bidder's responsibility to ensure that the Auctioneer is provided with correct email address for invoice delivery.
17. SHIPPING & TITLE TRANSFER:
In ALL cases, it is the sole responsibility of the Buyer to remove their property within thirty (30) calendar days after the sale date and per the terms of this agreement.
All costs related to packing, insurance, shipping, and delivery of purchased property are the sole responsibility of the Buyer.
Buyers may:
• Collect purchased items in person.
• Arrange their own shipping through a third-party service provider.
• Request shipping services be handled by Ahlers & Ogletree, Inc. Buyer acknowledges that Auctioneer has full discretion on which lots they will ship, and if their shipping services are not available then another option must be employed.
• Request a referral for third-party shippers from Ahlers & Ogletree, Inc.
The Auctioneer shall not be liable for damage or loss once purchased property is released to the Buyer or their designated shipper.
Third-Party Shipping Services:
Ahlers & Ogletree, Inc. may assist Buyers by referring third-party shippers or arranging logistical services as a courtesy. Any such assistance is at the Buyer's sole risk and expense. The Auctioneer disclaims all responsibility for the acts or omissions of third-party shippers, including delays, damages, or losses. Buyers assume full responsibility for verifying the adequacy of third-party shippers' insurance coverage and service terms. If you choose a shipping method that we have advised against, we may require a waiver from you acknowledging this. For the avoidance of doubt, we will not be responsible for any damage or loss that occurs to a lot once we release it to a third-party shipper.
Title Transfer:
Title to purchased property shall transfer to the Buyer upon full payment of the Purchase Price, including all applicable taxes and fees. The Auctioneer will retain possession of the property until the Buyer's payment has been fully processed and confirmed by our bank. The Buyer must confirm payment clearance before arranging collection or shipment.
Inspection and Packing Requirements:
Buyers are advised to inspect the condition of the property prior to shipping. Buyers are responsible for supplying their own packing materials when collecting items in person. The Auctioneer shall not be held liable for insufficient packing or any damages incurred during transit.
Abandoned Property and Storage Fees:
Purchased property not collected or shipped within thirty (30) days after the sale date will incur storage fees of $10.00 per lot, per day. Ahlers & Ogletree, Inc. has no duty to store any lot indefinitely. Any Purchased Property that is still in our possession ninety (90) days after Sale Date will be deemed abandoned by you and title to it, to the extent it has passed to you, will pass to us, with no further notice given by Auctioneer. You hereby release Ahlers & Ogletree, Inc. of and from any claims related to such Abandoned Property (including without limitation claims for purchase price refunds, possession of such lot or other damages or losses). You agree that this remedy is reasonable in light of the costs Ahlers & Ogletree, Inc. would have to incur to continue to store and process purchased lots after sale.
Shipping Restrictions and Compliance:
• Buyers are solely responsible for understanding and complying with all applicable local, state, federal, and international laws regarding the transportation of purchased property, including export and import restrictions. The inability to ship or transport purchased property due to regulatory constraints shall not relieve the Buyer of payment obligations.
• Auctioneer strongly suggests obtaining a shipping estimate before bidding.
• Ahlers & Ogletree offers in-house shipping services only on select Lots. If you are interested in obtaining a quote for our shipping services, please reach us at [email protected].
• Ahlers & Ogletree, Inc. will not release item(s) for shipment until payment has been cleared through their respective financial institutions and it is the Buyer's responsibility to confirm clearance before sending a shipper to collect their Property. Note there is a $30.00 fee for all returned checks.
18. SPECIAL PROPERTY:
Endangered Species:
You are solely responsible for all matters related to the export or import of any lot you buy, including without limitation, complying with any requirements, restrictions, declarations, customs, duties, or any other issues. It is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, or other permit required. We make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. Failure to obtain a license or permit will not justify the cancellation of the sale or any delay in making full payment of the Purchase Price for the lot. We will not rescind the sale of a lot that is transferred to you and later seized by government authorities due to the presence of endangered species material. As a courtesy to clients, we may advise people who inquire about lots containing potentially regulated plant or animal material, but we do not accept liability for errors or for failing to advise on lots containing protected or regulated species. Even if you are unable to bring your Purchased Property to your desired location, you must still comply with all of your obligations around purchasing the lot, including without limitation payment of the Purchase Price and removal of the lot from our facility.
Jewelry:
Natural gemstones have been enhanced in a variety of ways, including heating, oiling, and other methods. These treatments are accepted by the international jewelry and gemstone trade. We make no representations or warranties, express or implied, as to whether natural stones have been treated or enhanced, whether specifically referenced or not. All stones have been identified by standard gemological field tests, as the mounting allows, and we will make available to prospective buyers any gemological certificates in our possession. However, it will not always be feasible to obtain a qualified lab report on every stone we offer for sale. If you wish to have a grading or gemological report from an independent recognized laboratory such as the Gemological Institute of America, you may request one at your own expense or hire an independent adviser of your choosing at your expense. Weights given for stones we offer for sale are based solely on measurements and known gemological formulae; they are approximate, not exact. Weight may differ once a stone is removed from its setting. You are advised to verify weight estimates prior to bidding at auction.
Coins & Currency:
All coins and currency are sold as is by us, except as to authenticity. You acknowledge and agree that grading is not an exact science, but a matter of opinion as to condition and other attributes; and that grading can and will differ among third party grading services (even though consensus grading is employed by most), independent experts, dealers, collectors, and auction houses, including our own. Coins and currency are sold without any additional express or implied warranty. We reserve the right to differ with the grades assigned to any lot, by certificate or otherwise, regardless of the grading service, and will not be bound by any prior or subsequent opinion, determination or certification by third-party grading services including, but not limited to, National Guaranty Company (NGC), Professional Coin Grading Service (PCGS), or any other any grading service, third party organization or dealer. There is no guarantee or warranty implied or expressed that the grading standards we use will meet the standards of any grading service at any time in the future.
Clocks & Lights:
No warranty is made that any watch, clock, or lighting device is in working condition or without defects, restorations, or working parts. Buyer agrees that the description of watches, clocks and lighting devices, whether in the catalogue or a Condition Report, may be incomplete and not identify every mechanical replacement, repair, or defect. The absence of reference to the condition of a watch, clock or lighting device does not imply it to be in working condition or without defects, repairs, restorations, or replacement parts.
19. INTERNET:
Although we strive to create a smooth online experience for you, technical difficulties arise outside of our control. These include, for example, broadband and other internet capacity constraints, firewalls, errors in the quality or display of digital images, errors in software and other technical problems. You agree that we will not be responsible or liable for any failure to send, receive or place bids due to failures or malfunctions in technology, Internet connection, software, phone connection or our information technology system. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WE, NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
20. LIMIT OF LIABILITY:
IN NO EVENT SHALL AHLERS & OGLETREE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT TO ANY SALE OF A LOT, IN NO EVENT SHALL AHLERS & OGLETREE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO AHLERS & OGLETREE, INC FOR SUCH LOT TO WHICH THE CLAIM RELATES. We are not liable for any breach or default by the consignor or seller of a lot or in relation to any terms which are implied into contracts by law and which are the responsibility of the seller of an item.
21. INDEMNITY:
You agree to indemnify, defend and hold Ahlers & Ogletree, Inc., its officers, directors, employees, agents and their successors and assigns harmless from and against any and all claims, actions, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) relating to the breach, or alleged breach, of any of your agreements, covenants, representations or warranties contained in this Agreement.
22. INTELLECTUAL PROPERTY:
Ahlers & Ogletree, Inc. and our licensors will retain ownership of our intellectual property rights, including, without limitation, copyright to all photographs or other images of the lot created by us (including of your Purchased Property), as well as rights to the copyrights and trademarks and other images, logos, text, graphics, icons, audio clips, video clips, and digital downloads from the Ahlers & Ogletree catalog or website . You may not obtain any rights of ownership, use, reproduction or any other therein by virtue of this Agreement. You may not use any of our trademarks or service marks in any way. Buyers and scholarly publications may request permission to use catalog images. Requests must be made in writing to [email protected].
23. DISPUTE RESOLUTION:
While we disclaim all liability as stated in this Agreement, we acknowledge that certain disputes may arise that require resolution through arbitration. Disputes must first be addressed through a 45-day good faith discussion period. If unresolved, disputes will proceed to binding arbitration in Atlanta, Georgia, under the American Arbitration Association's rules. Arbitration decisions are final and non-appealable.
24. RULES:
Any failure, delay, relaxation, or indulgence by a Party in exercising any power or right conferred on that Party by this Agreement does not operate as a waiver of that power or right unless expressed in writing to be a waiver.
In entering into this Agreement, the Parties have not relied on any representations or warranties about its subject matter except as provided in this Agreement.
We may change, modify, amend, or delete all or any part of this Agreement ("Changes") without notice. YOUR CONTINUED USE OF THE SITE, PARTICIPATION IN ONE OF OUR AUCTIONS, OR BIDDING OR PURCHASING ANY LOT FROM US WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR PARTICIPATE IN OUR AUCTIONS, OR BID OR PURCHASE ANY LOT FROM US.
Unless otherwise specified herein, all notices, requests or other communications under or in connection with this Agreement, to or upon the Parties will be made to such addresses and to the persons designated below, or such other people and addresses as provided in writing the receiving Party from time to time, and will be deemed to have been given hereunder only as follows: (a) if delivered by overnight or two-day commercial delivery service, upon receipt as evidenced by the records of such service; (b) if sent by certified or registered mail, seven (7) calendar days after posting it; and (c) if sent by email, one (1) day after the email is sent or immediately once the receiving Party confirms its receipt by reply or other written communication.
Notices to Ahlers & Ogletree, Inc.
Ahlers & Ogletree, Inc.
1788 Ellsworth Industrial Blvd. NW
Atlanta, GA 30318
Attn: Legal Dept
Email: [email protected]
Notice to You (Buyer):
The address you provide to Auctioneer during registration or later.
Further Assurances. You will furnish us, upon our request, with any additional information required to comply with applicable law. You will provide us, upon our request, verification of your identity in an appropriate form.
25. INTERPRETATION:
If a court or an arbitrator finds that any part of this Agreement is not valid, or is illegal or impossible to enforce, that part of this Agreement will be treated as being deleted, and the rest of this Agreement will not be affected.
This Agreement hereto constitutes the entire agreement between the Parties with respect to the transactions contemplated hereby and supersedes all prior or contemporaneous understandings and agreements of the Parties (whether written or oral) relating to the subject matter of this Agreement.
In this Agreement, unless the context otherwise requires: (a) references to sections, exhibits, attachments and schedules are to those in, of and to this Agreement and headings are inserted for convenience only; (b) words importing the plural will include the singular, and vice versa; (c) references to a 'person' will be construed as including references to an individual, company, enterprise, firm, partnership, joint venture, association or organization, whether or not having separate legal personality; (d) use of the word 'will' as an action attributable to a Party means the Party agrees to, will, promises to and covenants to take the actions following or connected to the use of the word 'will;' (e) use of the word 'may' as an action attributable to a Party means that Party has the right, but not the obligation, to take the action following or connected to use of the word 'may;' and (f) references to 'it,' 'its,' 'they,' 'their,' and 'them,' will be construed as including any generic, omni-gender pronoun such as she, hers, her, he, his, him, it, its, they, their and them.
Condition of Lots
Condition reports provided by Ahlers & Ogletree, Inc. reflect professional opinions and should not be treated as factual guarantees. Buyers waive any claims regarding errors or omissions in such reports and are solely responsible for inspecting lots prior to bidding. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or free of imperfections.
We do not warrant, and we specifically disclaim, the condition of any frame that accompanies any lot.
Payment
ALL SALES ARE FINAL and Non-Negotiable.
Invoices will be emailed within three (3) business days following the auction. It is the responsibility of the Buyer to remit payment and remove their merchandise per the terms of this agreement.
ALL BUYERS: Full payment of invoice is required within 10 business days of first invoice being sent.
Payment Methods:
By placing a bid, bidder has agreed to full responsibility, risk, and liability of Lot, and to remit full payment including hammer price, applicable sales tax, and respective buyer's premium in the event buyer is acknowledged as highest bidder by auctioneer. ALL BIDS ARE CONSIDERED LEGALLY BINDING AND NON-NEGOTIABLE.
Ahlers & Ogletree, Inc. accepts cash, checks, direct wire transfers, and credit cards including Visa, MasterCard, American Express, and Discover for most purchases - Ahlers & Ogletree, Inc. reserves the right to demand payment via secured funds for all NEW and/or INTERNATIONAL buyers. All payments must be made in US Dollars.
Please note a flat $18 fee for domestic wire transfers and a flat $25 fee for international wire transfers.
Credit card payments may be made at www.AandOauctions.com or in person - credit card payments cannot be processed via phone. For Invaluable and LiveAuctioneers bidders, we reserve the right to charge your card on file within 3 days of auction if payment has not been otherwise received.
Failure to Pay:
Should Buyer fail to pay the balance of their invoice within 10 business days of invoice being sent, or otherwise comply with these Terms and Conditions, Ahlers & Ogletree, Inc. shall be entitled to one or more the following remedies:
(1) to recover from Buyer all monetary loss arising from the resale of the Lot (including all costs of any resale or attempted resale);
(2) to retain any deposit or partial payment paid by Buyer;
(3) to recover from Buyer all of its costs and expenses of collection including attorney's fees of fifteen percent (15%) of the outstanding balance, interest on the outstanding balance of up to 3% per month, and other related costs;
(4) all other relief and remedies allowed by law. Georgia law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be in Fulton County, Georgia.
NOTE: It is the bidder's responsibility to ensure that the Auctioneer is provided with correct email address for invoice delivery.
Shipping
In ALL cases, it is the sole responsibility of the Buyer to remove their property within thirty (30) days after the sale date and per the terms of this agreement.
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All costs related to packing, insurance, shipping, and delivery of purchased property are the sole responsibility of the Buyer.
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Buyers may:<br>
• Collect purchased items in person.<br>
• Arrange their own shipping through a third-party service provider.<br>
• Request shipping services be managed by Ahlers & Ogletree, Inc. Buyer acknowledges that Auctioneer has full discretion on which lots they will ship, and if their shipping services are not available then another option must be employed.<br>
• Request a referral for third-party shippers from Ahlers & Ogletree, Inc.<br>
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DOMESTIC & INTERNATIONAL SHIPMENTS (PICK-UP, PACKAGE, CRATING & FREIGHT SERVICES) <br>
• UPS Store 1006 | Bob Persky | [email protected] | 404.261.6339<br>
• UPS Store 2215 | Richard Carico | [email protected] | 404.814.1771<br>
• PakMail 316 | Kimberly Brown | [email protected] | 770.587.2898<br>
*Please allow 1-3 days in order to receive your shipping quote. <br>
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TRUCK SHIPMENTS (NATIONWIDE) <br>
• Team Worldwide | [email protected] | 404.761.2755<br>
• RB Shipping | [email protected] | 404.524.9122<br>
• Distinguished Transport | [email protected] | 678.234.4830<br>
• Act Fast Shipping | [email protected] | 469.450.2748<br>
• Plycon Van Lines | [email protected] | 631.973.3088<br><br>
LOCAL DELIVERY (GEORGIA ONLY) <br>
• Atlanta's Pro Pak, LLC | Omar Valverde | [email protected] | 404.453.2025<br>
• Another Person's Treasures | Michael Rydell | 770.331.7390<br>
• Velvet Glove Delivery | [email protected] | 404.379.4499<br>
• RB Shipping | [email protected] | 404.524.9122<br>
• Knox-Addley | Mac Hodge | [email protected] | 404.603.8000 (also does packing, crating & shipping) <br>
Sales Tax
All purchases are subject to the sales tax rate as stipulated by their city and/or state unless a valid tax-exempt certificate is supplied to Auctioneer. The actual sales tax rate and conditions depend on the state, county, or locale to which the lot will be shipped or where the buyer or buyer's agent takes possession. That means that if you buy property from us, it may be subject to the sales tax in the area where you or your agents receive it or take possession of it. The Buyer is ultimately responsible for tax compliance in their jurisdiction.
