Conditions of Sale
1. Agreement: By placing a bid in this auction, Buyer agrees to these terms and conditions. Please read these terms carefully. If you do not accept these terms and conditions, you may not bid in this auction.
2. License to Participate in Auction: Carnegie's Auction Gallery hereby grants you a limited, terminable, non-exclusive right to access and participate in this auction only for your personal use. The images of any items listed for sale in this auction are the property of Carnegie's Auction Gallery . You may not use any image of the items listed for sale in this auction for any commercial purposes without express, prior written authorization from Carnegie's Auction Gallery.
3. Refunds: All Sales Are Final. No refunds shall be given under any circumstances. Buyer beware.
4. Warranties and Representations: All items are sold AS IS. Carnegie's Auction Gallery, for itself and as agent for any seller, makes no warranties or representations of any kind or nature with respect to any items or lots sold. While we make all efforts to be accurate, Buyer agrees that in no event shall Carnegie's Auction Gallery Auctioneers be responsible for the correctness, description, genuineness, authorship, attribution, authenticity, provenance, period, culture, source, origin, value or condition of any item or lot. Nothing being said or done by Carnegie's Auction Gallery shall be deemed an express or implied warranty of representation or an assumption
of liability by Carnegie's Auction Gallery. Carnegie's Auction Gallery hereby disclaim all implied warranties and representations, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, accuracy, legality, reliability, completeness, timeliness, and noninfringement of third parties' rights.
5. Bid Discrepancies: In case of any discrepancy, from any source, the auctioneer's record shall be the official record of the sale. In case of any tie bids, the auctioneer's ruling shall be deemed final. Carnegie's Auction Gallery will have sole and absolute discretion to determine who the successful bidder is and/or may withdraw the item or lot or reoffer the item or lot for sale in the event of a dispute.
6. Shipping: Carnegie's Auction Gallery proudly offers shipping for any lot that includes a shipping quote. The amount entered is the actual shipping cost per the shipping service specified and includes insurance and signature confirmation. Carnegie's Auction Gallery will decide the shipping
method for multiple lot winners unless agreed in writing prior to the purchase. Buyer at their own discretion can arrange for their own shipping, in which case is solely the responsibility of the buyer. Carnegie's Auction Gallery will make its best effort to securely pack each and every item. However, Carnegie's Auction Gallery shall not be liable any sold items damaged while in transit or any items lost by any carrier. In the event an item is lost or damaged while shipping, Buyer may only look to the shipping company for any compensation. It is the Buyer's responsibility to obtain adequate insurance for any shipped item. Please make sure to clearly indicate your insurance preferences.
7. Payment and Pick-Up Policy: Buyer will receive an invoice within three (3) business days after the auction, or at Carnegie's Auction Gallery's earliest opportunity. Full payment and removal of goods is required no later than seven (7) days from the completion of the auction. It is the responsibility of the Buyer to contact Carnegie's Auction Gallery to pay for purchased items, and to make arrangements for the removal of the purchased merchandise.
8. Storage and Fees: Failure to remove purchased items within the above time frame will result in Carnegie's Auction Gallery storing your property. Buyer shall be responsible for all fees and costs incurred by Carnegie's Auction Gallery in connection with the storage of Buyer's items. Carnegie's Auction Gallery takes no responsibility for the condition or safekeeping of any items not timely removed by Buyer. Carnegie's Auction Gallery shall not be liable for any damage sustained by uncollected items while in storage. There will be an ongoing storage fee of a minimum of $10.00 per lot, per day. Merchandise left in storage for more than thirty (30) days will be considered abandoned and can be sold at our discretion and date of our choosing. If the net resale of a lot (hammer price less 25% commission, all resale, storage, and fees) is greater than $0.00, a check will be mailed to the Buyer's address on file.
9. Buyer's Premium: All bids are subject to a buyer's premium. Buyer agrees to pay Carnegie's Auction Gallery a buyer's premium in addition to the bid price of 25% of the winning bid amount.
10. Estimates: Auction price estimates are given on each lot. Estimates should not be relied on as a prediction of the actual selling price or the actual value of any lot. Estimates are not indicative of a reserve or reserve price if or when applicable to a lot. Carnegie's Auction Gallery reserves the right to bid as the house against a bidder up to the reserve amount if applicable.
11. Lot Withdrawals: Carnegie's Auction Gallery reserves the right to withdraw any lot at any time from the auction for any reason. Carnegie's Auction Gallery further reserves the right to cancel the sale of an item any time after the auction concludes in the event of an error or any other kind of mistake by Carnegie's Auction Gallery, a clerk, the auctioneer or any platform being used. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, auctioneer's clerical error or omission in exercising bids and reserves, or for any other reason and in Auctioneer's sole discretion.
12. Sales Tax: All purchases are subject to 10% California sales tax unless Buyer provides a valid tax exempt certificate to Carnegie's Auction Gallery or unless the shipping address of the buyer is outside the state of California. Purchased lots may also be subject to taxes or fees imposed by various foreign taxing agencies. Buyer is responsible for paying all domestic and foreign imposed taxes (including VAT's and GST's).
13. Failure to Pay: If Buyer fails to pay the balance of the invoice at the close of the auction, or otherwise comply with these Terms and Conditions, Carnegie's Auction Gallery shall be entitled to the following remedies: (1) to recover from Buyer all of Carnegie's Auction Gallery's costs, fees, and expenses of collection, including attorney's fees equal to fifty percent (50%) of the outstanding balance, and interest on the outstanding balance of 1.5% per month; (2) the forfeiture of any deposit or partial payment paid by Buyer; (3) Carnegie's Auction Gallery may void the sale, which will not relieve the Buyer from its obligations to pay Carnegie's Auction Gallery its fees and any other damages relating to the sale of the items; (4) Carnegie's Auction Gallery may resell the Lot and recover from Buyer any monetary loss arising out of any resale, including all costs of relisting any items or attempted resale of the items; and (5) all other relief and remedies allowed by law.
14. Payment Methods: All items are sold for United States Dollars. Carnegie's Auction Gallery accepts checks, money orders, and wire transfers. There is a flat $20 fee for domestic wire transfers and a flat $40 fee for international wire transfers. Carnegie's Auction Gallery will not release item(s) for shipment until payment has cleared. There will be a $30.00 returned check fee for any and all check payments that are returned.
15. Modifications: Carnegie's Auction Gallery reserves the right to modify, add, or remove any section of these terms and conditions of sale at any time, with or without notice.
16. Release: In consideration of the participation in Carnegie's Auction Gallery's auction, Buyer expressly releases Carnegie's Auction Gallery, its officers, directors, employees and agents from any and all claims, cause of action, chose of action, whether at law or equity, for breach of contract or breach of warranty express or implied, representation or other matter set forth within these terms and conditions or otherwise. Buyer or bidder, by non-compliance to these express terms and conditions, shall waive any claim against Carnegie's Auction Gallery.
17. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARNEGIE'S AUCTIONS GALLERY, ITS DIRECTOR, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE AUCTION, SERVICES OR THIS AGREEMENT WHETHER FOR, AMONG OTHER THINGS, BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM, AND WHETHER LIABILITY IS ASSERTED IN, AMONG OTHER THINGS, CONTRACT OR TORT WHETHER OR NOT CARNEGIE'S AUCTION GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. CARNEGIE'S AUCTIONS LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE BID PRICE OF THE LOT PURCHASED. BUYER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. The foregoing limitation sets forth the Buyer's exclusive remedy for any breach of these terms of service.
18. Governing Law and Venue: These terms of service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. All parties agree to the jurisdiction of the Superior Courts of Los Angeles County, California as the exclusive venue to resolve any disputes concerning these terms of service, and waive any defense based upon forum non conveniens.
Auction House Premium
25% on all hammer prices below $100,000. 22% on all bids exceeding $100,001.
Shipping
Carnegie's Auction Gallery proudly provides shipping estimates for nearly all our lots. This includes handling, materials, insurance and shipping. A final invoice with the total shipping will be provided. As always, the winning bidder can arrange for shipping themselves or pick up all won lots. We also ship internationally, feel free to contact us with a quote.
If you choose to use our in-house shipping, we are not liable for loss or damage. You do have the right to use a third-party shipper.
California Residents
We comply with California Laws and charge all California residents 9.5% tax. Valid resale permits can be presented after the auction to remove sales tax.
