TERMS AND CONDITIONS
TERMS AND CONDITIONS
Please Note Our Terms of Sale have recently changed.
By registering to bid on this auction you agree to the following terms
and conditions. Payment is due within seven (7) business days after then
ending sale. We serve the right to hold merchandise until payment
clears. Telephone and absentee bidders will be notified by e-mail within
two (2) days of sale end. We accept payment in the form of cash, check,
money order, and wire transfer, PayPal, Visa, MasterCard, and Discover.
We accept the bank wire transfer, PayPal, Cash, and Money Order for
American payment of more than $2000 USD. We accept American Visa and
MasterCard to make payment for Invoice Amount under $2000 USD. We do not
accept the International card to make payment. For international payment, we
only accept wire transfer and PayPal. For all wire transfer, there is
$30 Bank Fee for the charge. For PayPal, we will charge a 4.5% transaction
fee. For the American Credit Card, there is a 4% transaction fee.
1. All items are sold AS-IS, where is with all faults. There are no
warranties or representations of merchantability of any other kind,
express or implied. All artists' names and dates recorded in this
catalog are not to be taken as unqualified attributions to the artists
named. No attributions to any artist or date are made or intended as to
authorship or date of execution. Therefore, none of the property in this
catalog is subject to any guarantee of authenticity and/or provenance
and all of the property is sold as-is. All items are available for your
examination prior to bidding. Your bidding will signify that you have
examined the items as fully as you desire, or that you have chosen not
to examine them. Images descriptions are our opinions and should in no
way be construed as a guarantee of any kind as to age, condition,
materials, provenance or any other feature of items being sold. We
recommend prospective bidders to examine all items in which they have an
interest. If you require absolute certainty in all areas of
authenticity, and the results of your evaluation leave uncertainty in
your mind, we recommend you not bid on the item in question. We do not
do refunds. All sales are Final. No statement is written or oral made by
the auctioneer or any employee of Long Island Auctions shall be deemed a
warranty or assumption of liability by Long Island Auctions or by any
seller represented by Long Island Auctions
2. Bidding will begin at a price appropriate in auctioneer's discretion.
The auctioneer always reserves the right to withdraw a lot for any
reason. At the auctioneer's discretion, no bid of less than one half
(1/2) the low estimate will be accepted from any source: phone bidding,
absentee bidding, internet bidding, or bidding in the gallery, unless
authorized by the auctioneer. All lots in this catalog are offered
subject to a reserve, which is the confidential minimum hammer price at
which a lot will be sold. In executing a reserve, the auctioneer has the
right to bid on behalf of the consignor, whether by opening bidding or
continuing bidding in response to other bidders until reaching the
reserve. If the reserve is not met, the auctioneer has the right to
withdraw the item from the sale.
3. Once we declare that an item is sold, we cannot reopen the bidding.
It is the bidder's responsibility to get our attention prior to our
saying sold. When the auctioneer declares the item as sold, the title of
property transfers to the successful bidder. We reserve the right to
reject any bids deemed inappropriate or to withdraw any item(s) for lack
of appropriate bids. If an item is withdrawn from the auction, it will
be offered again only at the auctioneer's discretion.
4. All absentee and telephone bidders are required to sign and agree to
these terms and conditions, as well as provide Long Island Auctions with
a valid credit card having a deposit that amounts $2000 USD. We do not
accept international credit card to make the deposit. We will refund
after auction day with 7 business days if the customer did not win any
item.
5. All Phone bidding and Absentee Bidder's Form are held in the
strictest confidence and must be received before the auction date two
days. No additional phone bids can be accepted on the day of the
auction, including additions when speaking with a staff person on the
phone. Leaving an absentee or phone bid on a lot indicates your
willingness to open the bidding at one half (1/2) the printed low
estimate and gives the auctioneer the authority to open the bidding at
that level. Long Island Auctions shall have the right to withdraw any
item at any time for any reason and to void any sale in the event of an
error or dispute. We make every effort to honor all absentee and phone
bid reservations, but we are not liable for any losses incurred as a
result of failure to execute absentee bids or failed phone reservations.
Submitting absentee bids or bidding by phone does not imply an extension
of credit.
6. At the request of the buyer, Long Island Auction will authorize the
shipment of purchased items usually within three weeks after payment has
been received. Shipment is generally made via a third-party shipper. The
shippers' list is also provided. Unless the buyer gives special
instructions, the shipping method shall be at the sole discretion Long
Island Auctions. The buyer is responsible for all costs of the shipment,
including but not limited, pickup, packing, handling, and shipping fee.
Long Island Auction is in no way responsible for the acts or omissions
of independent handlers, packers or shippers of purchased items or for
any loss, damage or delay from the packing or shipping of any property.
7. All purchases are subject to applicable New York sales tax unless
the New York State Resale Certificate tax form is fully and completely
filled out and received prior to the time of purchase. Resale tax numbers
from other states are accepted. International buyers are responsible for
tariffs, taxes, or assessments of shipped items to the buyer's country.
Items shipped out of state may not be subject to sales tax.
8. Bidding on an item indicates your understanding and acceptance of
these Terms of Sale. If a purchaser breaches any of these Terms of Sale,
including the obligation to pay for purchased items, Long Island
Auctions may seek all remedies under the law including canceling the
sale and reoffering the property without reserve.
9. A buyer's premium will be applied to the purchase price of all items.
It shall be 22% if bidding live, by phone or by absentee bids. If online
Internet bidding is utilized, it shall have a 25%-27% buyer's premium
added to the highest bid, it depends on different Platform's charge.
10. All items not picked up within Three months shall be assessed a
storage fee of $5.00 per day, per item.
11. Please note that lots containing ivory, tortoiseshell, or other
animal materials may be subject to regulations imposed by the Endangered
Species Act and by the United States Fish and Wildlife Department. Some
countries prohibit the importation of property containing materials from
endangered species, and prospective purchasers should familiarize
themselves with relevant customs regulations prior to bidding if they
intend to import these lots into another country. Buyer is responsible
for any and all CITES permits.
12. All photos and descriptions posted on any online platform are the
property of Long Island Auctions and are subject to US copyright laws.
No photo or description may be used without the advanced written
approval of an authorized Long Island Antique Auction agent. Use of
unauthorized photos and descriptions may incur penalties.
13. If, in any judicial proceeding, a court shall refuse to enforce any
of the terms contained within these Terms and Conditions, then such
unenforceable terms shall be deemed eliminated from the provisions
hereof for the purpose of such proceedings to the extent necessary to
permit the remaining separate terms contained herein to be enforced in
such proceedings.
14. The Terms and Conditions shall inure to the benefit of Long Island
Auction and Appraisals Inc., its successors and/or assigns and may not
be terminated, amended, or modified, except by an instrument in writing
executed by Long Island Auction and Appraisals Inc.
15. The provisions of these Terms and Conditions shall be construed, and
the performance thereof shall be enforced, in accordance with the laws
of the State of New York. All bidders hereby irrevocably and
unconditionally submit to the exclusive jurisdiction and venue of the
Supreme Court, State of New York, and County of Suffolk in the event of
any dispute with regard to any bid or the terms and conditions contained
herein.
16. Any person or entity submitting a bid to any auction represents,
warrants, and covenants that he/she/it is subject to service of process
in the State of New York and that it will remain so subject so long as
these Terms and Conditions are in effect. If for any reason any person
or entity should not be so subject, said person or entity hereby
designates and appoints, without revocation, the Secretary of the State
of New York as its agent upon whom he/she/it may be served with all
the process, pleadings, notices, or other papers which may be served as a
a result of the breach of any of the terms and conditions contained
herein. Moreover, any person or entity submitting a bid specifically and
irrevocably: (a) agrees that any suit, action, or other legal
proceedings arising out of this agreement may be brought in the courts
of record of the State of New York, County of Suffolk; (b) consents to
the jurisdiction of each such court in any such suit, action, or
proceeding; and (c) waives any objection to the laying of the venue of any
such suit, action, or proceeding in any of such courts.
17. Any person or entity submitting a bid at any auction hereby
acknowledges that in the event said bidder is found to have breached any
term or condition contained within these Terms and Conditions, Long
Island Auctions shall be entitled to all costs and fees, including, but
not limited to, court costs and reasonable attorneys' fees in connection
with any such breach.
