JMW Conditions of Sale
JMW AUCTION GALLERY CONDITIONS OF SALE THE FOLLOWING CONSTITUTES THE ENTIRE
TERMS AND CONDITIONS UPON WHICH PROPERTY LISTED IN THE CATALOG
SHALL BE OFFERED FOR SALE OR SOLD BY JMW AUCTION GALLERY AND ANY CONSIGNOR
OF SUCH PROPERTY FOR WHOM WE ACT AS AGENT. 1. As used herein the term
"bid price" means the price at which a lot is knocked down to the purchaser
and the term "purchase price" means the aggregate of (a) the bid price, (b)
A PREMIUM PAYABLE BY
THE PURCHASER OF 18% OF THE BID PRICE and (c) New York state or local sales
tax. 2. This is a live auction, with absentee bids accepted before the
sale. As of closing time
printed below, the highest bidder shall be deemed to have purchased the
offered lot in accordance with all of the conditions set forth herein and
thereupon (a) assumes full risk
and responsibility therefore (b) if requested will sign a confirmation of
purchase, and (c) will pay the purchase price in full or such part as we
may require for all lots purchased.
No lot may be transferred. All property shall be shipped at the purchaser's
expense. Each sale made pursuant to these Conditions of Sale will be deemed
to constitute a grant of a
security interest by the purchaser to us in, and we may retain as
collateral security for the purchaser's obligations to us, any of the
purchaser's property in our possession, and
we may apply against such obligations all monies held or received by us for
the account of, or owing to, the purchaser. Whenever the purchaser pays
only a part of the total
purchase price for one or more lots purchased, we may apply such payments,
in our sole discretion, to the lots we chose. Payment will not be deemed
made in full until we have
collected all amounts due in cash(In House Only) or good funds represented
by cleared checks, cashier checks, and credit cards. If the foregoing
conditions or any other
applicable conditions herein are not complied with, in addition to other
remedies available to us and the consignor by law, including but without
limitations, the right to hold the
purchaser liable for the purchase price, we at our option may either (a)
cancel the sale, retaining as liquidated damages all payments made by
purchaser or (b) resell the property,
either publicly or privately, and in such event the purchaser shall be
liable for the payment of any deficiency plus all costs and expenses of
both sales, our commission at our
standard rates, all other charges due hereunder, attorney's feel and
incidental damages. 3. All autograph signatures, letters, documents and
signed photos are guaranteed
authentic, all other items are sold "as is". All statements contained in
the catalog or in any bill of sale, invoice or elsewhere as to period,
culture, source, origin, measurements,
quality, rarity, provenance, importance, exhibition and literature of
historical relevance or physical condition are qualified statements of
opinion and not representations or
warranties. The purchaser hereby accepts the benefit of the consignor's
warranty of title and other representations and warranties made by the
consignor for the purchaser's
benefit. The purchaser expressly acknowledges and agrees that in no event
shall we be liable for any damage including, without limitation, any
compensatory, incidental or
consequential damages. 4. We reserve the right to withdraw any property at
any time before the actual sale. We reserve the right to reject a bid from
any bidder. The highest
bidder acknowledged by us shall be the purchaser. In the event of any
dispute between bidders, or in the event we doubt the validity of any bid,
we shall have sole and final
discretion either to determine the successful bidder or to re-offer and
resell the article. If any dispute arises after the sale, our sales records
shall be conclusive in all respects. If
we are prevented by fire, theft or any other reason whatsoever from
delivering any property to the purchaser, our liability shall be limited to
the sum actually paid therefore by the
purchaser and shall in no event include any incidental or consequential
damages. 5.We have tried to accurately describe every item in this catalog.
Condition description ranges
are: poor, fair, good, very good and fine. Poor being the lowest level and
fine being the best condition. Substantial defects are noted, minor defects
may not be mentioned. If any
substantial defect not described in the catalog is discovered by the
purchaser, the lot must be returned within two days. This is not an
approval sale. Any return for any reason
other than authenticity issues will not be accepted if the item is not paid
in full within 7 days of the auction date, or 7 days from the issuance of
invoice by JMW Auction Gallery 6.
All items are to be paid for by (a) cash(In House Only), (b) cashier's
check (c) personal check made to JMW Auction Gallery (d) or credit card.
All sales are final. No bid can be
withdrawn at any time. All payment must be in U.S. dollars. 7. These
Conditions of Sale shall bind the successor and assigns of all bidders and
purchasers and insure to the
benefit of our successors and assigns. No waiver, amendment or modification
of the terms hereof shall bind us unless specifically stated in a writing
signed by us. If any part of
these Conditions of Sale is for any reason invalid or unenforceable, the
rest shall remain valid and enforceable. 9. We accept absentee bids in
advance of sale. "Buy" bids will not
be accepted; all bids must state the highest bid price the bidder is
willing to pay. As noted above, a 18% premium payable by the purchaser will
be added to the bid price. In the
event identical bids are submitted, the earliest will take precedence. We
assume no responsibility for failure to execute these bids for any reason
whatsoever. 10. Estimated
Prices. As a convenience to our clients, we furnish pre-sale estimates for
all lots included in the catalog. These are intended as an approximate
guide to our opinion of current
market value, and should not be interpreted as a price. The final bid price
may well be less than or more than any estimate printed. 11. The purchase
of any letter or document
does not give the buyer any copyright ownership. 12. Shipment is via USPS
or UPS at our discretion unless otherwise instructed. Large packages will
be packed and shipped by
a UPS packing center. Shipping charges are added to all invoices. Items are
shipped after receipt of payment. We do not ship to P.O. boxes unless a
special arrangement is made.
NOTE: All successful bidders will be notified by Monday following the sale
date by 5:00PM EST. PLACING OF A BID SHALL CONSTITUTE ACCEPTANCE OF THE
PRECEDING
TERMS AND CONDITIONS.
Shipping Terms
We offer limited shipping of small, easily shipped items. IF we are able to ship your purchase it will be indicated on your invoice.
For large, delicate and unusual pieces, we recommend the UPS Store in Kingston, (845) 336-4877 or store4541@theupsstore.com.
Attention: Todd or Elise.
NYS Sales Tax
1. A buyer's premium of 20% of the hammer price shall be added to each purchase to reach the total sales price.
2. Acceptable forms of payment are American Express, Visa, MasterCard, & Discover. No personal checks will be accepted unless previous arrangements have been made.
3. Complete payment is required day of auction (if bidding live at the auction gallery) or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will have the card on file charged the following day, unless prior communication has been made. Items not paid for after the 3rd day of sale are deemed noncollectable and bidder is marked as a non-paying bidder.
4. Paid items must be removed from the auction gallery. Please note that online purchasers who wish to pick up their items shall not do so until the day following the day of auction, so that our staff has adequate time to process the transaction. After three (3) days, any items remaining at the auction center will be placed in storage. Fee for storage will be $10 per day per item starting the third business day after the auction.
5. We've Partnered with Pak Mail Crate & Freight for all of your auction shipping needs. They offer FedEx, DHL, UPS and USPS services for most parcels. For those larger items, Packing, Shipping, Crating & Freight services are available. With Online tracking services & Free online estimates. They can be reached directly for questions and quotes at 602-971-2300.
Pak Mail's hours of operations are as follows: Mon-Fri 9am - 6pm, Saturday 10am - 2pm, Closed on Sundays.
Note: We no longer provide in-house shipping, but are happy to meet with your 3rd party shipper of choice if you prefer to use a shipper other than Pak Mail.
Once items have been paid in full, items must be turned over to third party shipper. Winning bidder must contact shipping company for payment & details post-auction and to arrange for items to be picked up. J. Levine auction & appraisal is not responsible for damage to any items once items have been turned over to shipping company. All costs associated with shipping are the responsibility of buyer.
Winning bidders MUST make proper arrangements to have their items removed by a 3rd party shipper within two weeks from the date of sale. Failure to do so will result in the automatic shipment of items to address on file with an additional surcharge. The credit card listed on file will be charged prior to automatic shipment.
6. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer will decide the buyer or immediately put the item up for sale again.
7. In the event of a tie between an online bidder and a floor bidder, the floor bid will take precedence. The auctioneer's decision will be binding and final.
8. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.
9. Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold.
10. J Levine Auction & Appraisal will not be held responsible for error or failure to execute bid(s). Absentee bids must be in writing and a fifty-dollar minimum bid is required per item. Phone bidding is an available service and must be arranged in advance with our staff. We suggest that phone bid arrangements be made 24 hours before the start of the auction in order to ensure adequate processing time.
11. All auction inquiries and condition reports must be received 24 hours prior to the start of the auction. The deadline for email inquiries is 8 pm EST the day prior to the scheduled auction.
12. Purchasers may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot. All goods are exposed for Public Exhibition and, for Internet buyer's condition is described in the listings. Item descriptions, dimensions and estimates are provided for guidance. It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our staff will be happy to prepare detailed Condition Reports on individual lots. These are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale. All goods are sold "AS IS" and "WITHOUT RECOURSE".
13. We have tried to describe each lot as accurately as possible, and we have included descriptive photographs as well. However, we are selling each lot "AS IS" and there will be no returns allowed if you are not satisfied with condition. Please satisfy yourself as to the condition of the item before bidding.
14. Your bidding at this Auction indicates that you have read and accept these Terms & Conditions of Sale.
15. If a dispute occurs on the description of an item purchased, buyer is responsible for contacting a licensed appraiser in their region, who will provide a written statement in regards to the piece disputed. This statement may either be emailed or faxed to us. J Levine Auction is not responsible for any fees incurred during this process. Disputes are considered on a case-by-case basis as we are an "As Is, Where Is" auction.
***WE ARE NOT RESPONSIBLE FOR VARIATIONS IN COLOR DUE TO PHOTO REPRODUCTION.
Should internet bidding fail for any reason, please contact 480-496-2212, to enact an absentee or telephone bid. We will do our best to accommodate you at the live auction.
