Terms and Conditions of Sale
OUR TERMS AND CONDITIONS OF SALE
Definitions: Cooper Barrington LLP, who act only as auctioneers and agents for the vendor are called "The Auctioneers". The representative of Cooper Barrington LLP conducting the auction is called "The Auctioneer". "Hammer Price" means the level of bidding reached at or in excess of any reserve when the Auctioneer brings down the hammer. Every person attending the auction premises at any time shall be deemed to be there at his or her own risk and shall have no claim against the auctioneers in respect of any accident which may occur, or any injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by any employee of the auctioneers. The Auctioneers act as agents for the vendor, and as such are not responsible for any default by the vendor or the buyer. Whilst the auctioneers make every effort to ensure the accuracy of their catalogue and the descriptions therein, each lot is sold by the vendor with all faults, imperfections and errors of description. All lots are available for inspection prior to sale, and each buyer on making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the sale conditions, the physical condition of, and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored. Buyers should satisfy themselves prior to the auction as to the condition of each lot, and any statement by the auctioneers as to the lot is a statement of opinion only and every person should rely on his/her own judgment as to all matters affecting the lot. Refunds will not be given for any lot unless a written condition report was obtained from the auctioneers by the buyer prior to the sale. Any claim under any statute must be received in writing by the auctioneers within seven days after the sale. The auctioneer has absolute discretion to divide any lot, to combine two or more lots, to withdraw any lot, to refuse bids, to regulate the bidding or cancel the sale without giving a reason and without notice. The auctioneer may bid on behalf of the vendor for all goods which are being offered for sale subject to reserve or at the auctioneer's discretion. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the general and any special conditions of sale. All catalogue images are the property of Cooper Barrington LLP, if our images are seen to be used for profit or gain on any other online auction sites they will be reported. Vendors entering items into Cooper Barrington LLP's General Sales acknowledge that reserves, online bidding & photographs will be at the sole discretion of Cooper Barrington LLP. For referencing and appraisal of lots there is a small fee from £5 per lot but this service is free if the items are subsequently offered for sale in our auctions, any lots withdrawn after they have been catalogued and placed on our website will have a withdrawal fee of the lower estimate on the said item payable on the removal of such items per lot. Goods accepted for Free collection which are subsequently withdrawn without prior agreement may result in a charge being made for the collection of the remaining goods. Any Lots withdrawn after the publication of the catalogue will be charged Commission based on the lower estimate price. We payout on sales 21 days after the auction, your are invited to fill out the Bank Details section on the Auction Entry Sheet, failing to fill in the Bank Details will incure a £2.00 for issue of a Cheque. The highest bidder shall be the buyer except in the case of any dispute. If during the course of the auction, the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse any bid. Each lot is offered for sale subject to any reserve price placed by the vendor, in which case the auctioneer may bid on behalf of the vendor. The purchaser of any lot shall pay the hammer price plus a premium of 18.5%+Vat of the hammer price of each lot. The vendor authorises the auctioneers to deduct commission and expenses at the agreed rates from the hammer price, and the purchaser and the vendor acknowledge the auctioneers right to retain the premium payable by the purchaser. Overseas Bidders paying by Bank Transfer should check with there bank for any fee's incurred due to currency conversions, it is your responsibility to ensure the correct funds are sent to us and no goods are sent due to shortfalls. Online Bidding Cooper Barrington LLP offer an online Live bidding service via easyliveauction.com/Invaluable.com for bidders who cannot attend the sale. Please note that any lots purchased via easyliveauction.com or Invaluable live auction service will be subject to an additional 3% live fee + VAT at the rate imposed on the hammer price unless you have opted in to pay easyliveauction.com £3 Live Fee for the whole sale. Shipping - All client purchases online, via telephone, in the room or via absentee bid that are subsequently shipped at the clients request and become lost by the shipper or courier company after leaving the premises of Cooper Barrington LLP will be the sole responsibility of the client/purchaser. Cooper Barrington LLP will endeavour to recover any losses from the Shipper or Courier Company for the client. Any expenses incurred (i.e. Court costs, solicitors fees & Cooper Barrington LLP employee time) to recover the said losses will be claimed from any money recovered. If not covered by Insurance or Court award. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with these and any other printed or announced conditions of sale, he will also be deemed to be in full knowledge of, and in agreement with such other conditions of sale as are on display in the sale room. Legal title of each lot will not pass to the buyer until the lot has been paid for in full and the auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined above) has been paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. Any goods (Auction Lots) purchased online, via telephone, in the room or via absentee bid at Cooper Barrington LLP's Auctions and are not paid for in full within 14 days after the said sale all rights to the said auction lots will either be offered to the under bidder or revert back to the original vendor and will be re-entered into the next available sale, Any losses from Buyer & Vendor Commission suffered by Cooper Barrington LLP will be charged to the purchaser at the rate of commission pertaining to that sale. Also Cooper Barrington LLP has the right to recover these costs through legal proceedings or debt collection agencies, you will be subsuquently be blocked / banned from bidding at our auction. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense immediately at the end of the sale, failing which the auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed, any lots not removed in good time will be subject to a minimum warehousing charge of £2 per lot per day. If any lot is not paid for and removed within seven days after the sale, the auctioneers may resell the lot by auction or privately without notice to the buyer. Any liability which there may be on the part of the auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot. In the event of any failure of the buyer to comply with any of the above conditions, the damages recoverable by the vendor or the auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 8% upon the price of any lot which has not been paid for within 48 hours after the sale, and any money deposited in part payment shall be held by the auctioneers on account of any liability of the defaulter to the auctioneers or the vendor. The auctioneers can accept payment from successful bidders in cash, debit cards or by the bidder's own cheque with an appropriate cheque guarantee card, an additional charge of 3% will be added to all credit card payments. Cheques drawn by third parties cannot be accepted. The auctioneers reserve the right to refuse admission to any saleroom used by the auctioneers without giving a reason. Vendors of all goods must comply with all Health and Safety Acts and purchasers should check second hand goods purchased through an auction thoroughly by a competent person before use. At all times prior to the fall of the hammer lots and chattels remain the responsibility of the vendor, and thereafter the responsibility of the buyer, and the auctioneers will only be liable for negligence or error in the performance of their obligations. The insurance of lots and chattels is always the responsibility of the owner. The auctioneers will execute bids on behalf of intending buyers unable to attend the sale at no charge. The auctioneers undertake to purchase lots as cheaply as is allowed by other bids and reserves. Bids must be submitted in writing at least half an hour before the sale commences and should be entered on the Absentee Bidding Form provided. Whilst every care is taken in carrying out instructions, the auctioneers cannot be held responsible for errors or omissions made in carrying out such bids.
Payment
Conditions of Sale:
The following, as amended by any posted notices or announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by U.S. Asset Forfeiture & Seizures Inc. All items are available for inquiries and 24/7 Internet preview prior to bidding. Written and oral descriptions are our opinions based upon years of experience and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. US Asset Forfeiture & Seizures INC. attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, whether by you or any other party from your account, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
By submitting your bid, you agree that:
You have read and agree with the Auctioneer Terms and Conditions below and the Auction-Zip & Invaluable Terms of Use Agreement
You agree to pay a buyer's premium of to 25.% and any applicable taxes and shipping (This includes AUCTIONZIP 5% online transaction fee) The total Buyer's Premium paid by any and all winning bidders is 25%
1.) Please remember all bids are a contract, and all sales are final. No refunds, discounts or exchanges.
2.) With respect to property or its value, the auctioneer and or the consignor of the goods in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value
3.) Delayed shipping is not a reason to cancel the contract nor give the right to the winning bidder to attempt to cancel the transaction.
4.) Bidder agrees to a NO CHARGE-BACK (credit card dispute) transaction.
5.) The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on US Asset Forfeiture & Seizure INC's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, US AFS INC's sale record is conclusive. It is 100% the right of the auctioneer to void any sale for any reason at any time during or after the sale to protect the consignor's interest.
6.) The purchaser assumes full responsibility for items at the fall of the hammer. We will provide free secured storage for 30 days after sale date. We are not responsible for theft or loss/damage due to act of God or by shipping entity. All items are shipped with full insurance to the LISTED ADDRESS on the credit card you paid us with. Any paper payments or wire transfers may be shipped to the location of the bidders choosing.
7.) For all residents of Washington State all items that are taxable will be charged 9.75% sales tax. Coins and Bullion are exempt from taxation.
8.) PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, and American Express. We DO NOT accept PayPal payments. For items purchased online, you will be emailed an invoice after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact us or email us at info@afsauctions.us if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, We reserve the right to hold all purchases until the check has cleared to the satisfaction of US Asset Forfeiture & Seizures Inc. and its bank. 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, by the purchaser for such property. ALL BIDS CONSTITUTE A LEGAL BINDING CONTRACT.
9.) THE AUCTIONEER RESERVES THE RIGHT TO REJECT ANY BID AT ANY TIME AND AT HIS SOLE DISCRETION TO PROTECT THE INTEGRITY OF THE AUCTION.
10.) A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price.
11.) On the fall of the auctioneer's hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due here-under. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, We shall apply the payment received to such lot or lots that US Asset Forfeiture & Seizures Inc., in its sole discretion deems appropriate.
12.) In the unlikely event we lose our internet connection, US AFS INC. reserves the right in its sole and absolute discretion to cancel the remainder of the auction and any bids placed and not executed are then nullified.
13.) Please allow up to 30 days or longer in some cases for delivery of goods. Our vendors ship the goods to our home office after bidders full payments, we then hire our local shipper and they process your orders and ship them. This entire process is insured, and the shippers are licensed and bonded. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots
Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. All purchases are subject to the sales tax law of Washington. Dealers, museums, and other qualifying parties are exempt from Taxation. All legal proceedings will be held in Snohomish County , State of Washington and all Washington state laws apply.
14.) Re-lists - Occasionally you may notice that an item is re-listed or a similar picture may be used. This can be due to a variety of reasons such as a winning bidder in a previous auction not paying for the item, or multiple types of the same item. Due to the immense volume we sell we use stock photographs for standard duplicate items.
15.) Reserves - Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon by the consignor and US AFS INC. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of US AFS INC. will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
16.) PLEASE READ: This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. In accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
17.) Competing Bid/Onsite Floor bids or Reserve
The auctioneer may be accepting bids for an item from other sources these include: bids from an in-house audience, telephone bids, Left-book bids, absentee bids, and other online bidding platforms including the auctioneer or an agent of the seller(s) & consignor(s) bidding for other entities.
18.) We try hard to ensure that the data on this site is accurate, we have 38 years of auction experience and are not inclined to use
superfluous descriptions. In the event that the data is inaccurate or an item is clerked with the wrong price, we reserve the right to cancel that particular transaction.
19.) Will Call of items is not allowed. Coming to our offices to view items is also not allowed for the safety of our staff and the security of the goods we sell.
***IMPORTANT*** YOU MAY BE ABLE COMBINE PURCHASES TO SAVE ON SHIPPING. - Should expedited shipping be requested, substantial additional fees will apply. - We reserve the right to adjust shipping charges. - Substantial Additional fees apply when shipping Internationally. - Please be sure that you understand our shipping policies prior to bidding. If you are unclear, please contact us at INFO@AFSAUCTIONS.US for clarification. If you are still unsure, please enjoy the auction however, please do not bid.
IMPORTANT Notices & Disclaimers - Please Read
Regarding Appraised Jewelry and Loose Stones - U.S. Asset Forfeiture & Seizures Inc. DOES NOT send them out items to a third party, the items are brought to us with this type of appraisal or verification. Retail Replacement Value Appraisals for Insurance Purposes, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry with an item of equal quality and kind, considered to be the current market price or the replacement value. This type of appraisal is done to protect you in the event of damage or loss of a valuable item. The appraisals are conducted by Independent 3rd Party appraisal firms that utilize a Certified GIA Graduate Gemologist. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations. Items should not be purchased with the expectation to resell for appraisal price, or for profit. If you like it buy it. We are not responsible for profit or loss due to the estimate provided or the appraisal.
