Terms & Conditions:
PAYMENT: Payment is due within 24 hours of auction end. Contact Wilton Theatre Auction Gallery at (954) 683-4993 or via email at custservwiltonauctions@gmail.com. Accepted forms of payment for this auction are cash, debit, Visa, MasterCard, American Express or Discover credit cards; WIRE TRANSFER WILL BE REQUIRED ON TRANSACTIONS OVER $1000.00 OR ON INTERNATIONAL SALES, OR SALES OF ART, JEWELRY, IVORY, SILVER OR GOLD. If required, a $15.00 wire transfer fee will be charged to winning bidder. Checks are not accepted. Florida sales taxes will be charged on all items picked up locally or shipped to a Florida address, including sales tax on the buyer's premium, unless the buyer presents a current Florida Annual Resale Certificate for Sales Tax form. A 18% buyer's premium is charged on all items for on-site buyers and a 21% buyer's premium is charged on all items for online buyers above the auction sale price. The purchase price including buyer's premium must be paid in full by the successful bidder within 24 hours of the auction. In the event that the Buyer of any lot fails to pay the purchase price thereof when due, the Auction House shall have the option to enforce payment by civil action or other proceedings against the Buyer, void the sale as if said sale had not occurred, conduct a second sale of said item, or to charge the successful bidder's credit card. If shipped, Buyer is responsible for satisfying any sales tax requirements or other taxes or fees that may be imposed by their state or jurisdiction.
SHIPPING: Local pickup must be made within 48 hours; Buyer responsible for own shipping arrangement. Should Buyer fail to make other arrangement, items will be picked up for packing & shipping by PAKMAIL OR THE UPS STORE.
Get a shipping quote from PAKMAIL here: http://www.pakmailftl.com/estimator.php
PAKMAIL, 1931 CORDOVA ROAD, FORT LAUDERDALE, FL 33316. PHONE: 954-522-4550. EMAIL: US770@pakmail.org. WEBSITE: www.pakmailftl.com.
THE UPS STORE #4875, 300 E. OAKLAND PARK BLVD., WILTON MANORS, FL 33334. PHONE: (954) 358-2800. EMAIL: STORE4875@THEUPSSTORE.COM. Contact The UPS Store or see www.ups.com for estimated shipping costs.
Contact us for additional shippers or choose your own. Bidder is responsible for all packing, shipping and insurance expenses. Wilton Theatre Auction Gallery is not responsible for any damages or loss during the pickup & shipping process. SEE ITEM #12 BELOW FOR IMPORTANT ADDITIONAL INFORMATION.
The following together with or as amended by any posted notices or verbal announcements made during an auction constitutes the entire terms and conditions on which property shall be offered for auction sale by Stanford Auctions, Inc., doing business as Wilton Theatre Auction Gallery (referred to as "Auctioneer" or "Auction House" ), and any consignor of such property (referred to as "Seller") (collectively referred to as "WE" and/or "US") for whom we act as agent. Auctioneer, Bidder and Seller agree to be bound by these terms for this auction:
1. Each lot will be sold AS IS, WHERE IS with all defects and faults, and neither the Auction House nor the Seller makes any guaranties, warranties or representations of any kind, express or implied, with regard to the description, genuineness, provenance, importance, condition, authenticity, authorship, signatures, marks, medium, material, attribution, period, culture, quality, source, fitness, value, size, rarity, merchantability or suitability of any property offered for sale. Bidders should carefully inspect each lot to determine condition and contents. All measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the auction and that he relied solely on his own inspection and knowledge of the lots and not on any information listed online, in the catalog, or otherwise provided by Auction House, Auctioneer, the auction staff or Seller. Online and catalog descriptions provided by the Auction House are rendered solely as an opinion and a convenience and neither the Auction House nor the Seller warrants or represents, nor shall be responsible for the description, genuineness, provenance, importance, or condition of a lot. By bidding, the Bidder signifies that they have examined the items as fully as they desire, or that they have chosen not to examine items. The Bidder relies solely on his or her own information, knowledge, judgment and inspection when making a decision to bid, and if they have any doubts about the authenticity, provenance, or condition of an item they should not bid. The absence of any reference to the condition of any lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging, or whether an item has been repaired or restored.
2. Notwithstanding the preceding condition, if within 7 days of the sale of any lot, the winning Bidder of any painting, watercolor, lithograph, drawing, or lot of silver gives notice in writing to the Auction House that the lot so sold is a counterfeit and, if within 7 days after such notice the Bidder returns the lot to the Auction House in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auction House may, as agent for the Consignor, at its sole discretion rescind the sale and refund the purchase price.
3. SOLE REMEDY. The Bidder agrees that he shall have no remedy other than rescission of the sale and the refund of the original purchase price paid. The original purchase price paid is defined as the amount of the successful bid price plus the buyer's premium. The Auction House will not be responsible for shipping, handling or other fees. No rescission and refund will be made unless the item is returned to the Auction House in the same condition as at the time of sale. The remedy of rescission and refund is exclusive, and the Bidder waives any other remedy which may be otherwise available in law or equity. Auction House shall not be liable for any special, consequential, or incidental damages incurred or claimed including, without limitation, loss of profits or for interest, or for loss of use of funds.
4. The Bidder assumes complete responsibility for an item once they have been recognized by the Auctioneer as the winning bidder. The Auction House is not liable for any damage to goods after they have been sold.
5. An 18% buyer's premium is charged on all items for on-site Bidders and a 21% buyer's premium is charged on all items for online Bidders above the auction sale price.
6. Florida sales taxes will be charged on all items picked up locally or shipped to a Florida address, including sales tax on the buyer's premium, unless the Bidder presents a current Florida Annual Resale Certificate for Sales Tax form at the time of purchase. If shipped, Buyer is responsible for satisfying any sales tax requirements or other taxes or fees that may be imposed by their state or jurisdiction.
7. If a lot is offered subject to a reserve or minimum price (the confidential minimum price below which the lot will not be sold), the Auctioneer may implement such reserve by bidding on behalf of the Seller, whether by opening bidding or continuing bidding until the reserve is obtained, or by placing consecutive bids, or bids in response to other Bidders.
8. The Auction House reserves the right to reject a bid from any Bidder. The highest Bidder acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between Bidders the Auctioneer shall have sole and final discretion to determine the successful Bidder or to reopen bidding.
9. Sellers are not permitted to bid on their own items. However, in the event a Seller bids on and is the winning Bidder on one of their consigned items, they will be charged for that item including buyer's premium.
10. Payment is due at auction end, or within 24 hours of auction end for online or absentee Bidders. In the event that the Bidder of any lot fails to pay the purchase price thereof when due, the Auction House shall have the option to enforce payment by civil action or other proceedings against the Bidder, void the sale as if said sale had not occurred, conduct a second sale of said item, or to charge the successful Bidder's credit card.
11. METHOD OF PAYMENT: Checks are not accepted. Payment may be made by cash, debit, Visa, MasterCard, or Discover. Bank wire transfer may be required on transactions totaling over $1000.00 or for international sales, or sales of art, jewelry, ivory, silver, or gold, or other items at the sole discretion of the Auction House. A $15.00 wire transfer fee will be charged.
12. PICKUP, SHIPPING, AND DELIVERY:
a) All items are sold "AS IS, WHERE IS" and must be removed by the winning Bidder within 2 days of the auction and loaded without assistance from Auction House staff.
b) Auctioneer will have no responsibility for loss or damage resulting from Auctioneer?s staff carrying, handling or loading any item(s) for any person.
c) All lots purchased by those attending the auction in person must be removed from the auction site by the end of the auction unless specifically approved by Auctioneer.
d) Arrangements for Shipping of item/s purchased through Absentee bidding must be made within 10 (ten) business days of the auction date.
e) Buyer shall incur STORAGE FEES of $5.00 (five dollars) per day, per Lot for each Lot not removed within 3 business days of the auction date. Any Lot not removed within 30 days of the auction will be DEEMED ABANDONED and at Auctioneer's sole discretion, may be disposed of in the trash, donated to a charitable organization of Auctioneer's choice, or resold for Auctioneer?s account.
f) Shipping, packaging and insurance are the sole responsibility of the Buyer. Buyer agrees to contact a shipping company, make shipping arrangements and pay shipping and insurance costs directly to the shipping company.
13. Bidders and other persons attending the auction understand that the auction and site may pose both obvious and hidden dangers, defects and other perils and each person assumes the risk of all injury, loss and/or death from any cause whatsoever and Auctioneer and Seller will have no liability whatsoever. Bidder further agrees to indemnify Auctioneer and Seller and hold them harmless for any injury, death or other damage to person or property at the auction site which was caused by Bidder.
14. GOVERNING LAW AND JURISDICTION: This Agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between the Bidder, Seller, and/or Auction House will be in the County of Broward, Florida.
15. ARBITRATION: Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorneys? fees.
15. SEVERABILITY: If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.
