Terms And Conditions 2017
ATTRIBUTION:
Any statement made by Bremo Auctions about any lot or property, whether oral or written, concerning attribution of a work to any particular artist, school, country of origin, history or provenance, or to any date or time period, are expressions of our opinion and belief. Our opinions and beliefs have been formed honestly and in accordance with the standard of care reasonably to be expected of an auction house of Bremo Auctions' standing, due regard having been given to the estimated value of the item and the nature of the auction in which it is included. It must be clearly understood, however, that due to the nature of the auction process, we are unable to carry out exhaustive research of the kind undertaken by professional historians and scholars, and that as research develops and scholarship evolves, opinions on these matters may change. We therefore strongly advise any potential Bidders/Purchasers to personally examine any property in which they are interested, seek advice from their own professional advisors, and make any determinations regarding a property's authenticity PRIOR TO PARTICIPATING IN ANY AUCTION, particularly when bidding on any item of significant value.
Buyers
PURCHASING AGREEMENT
TERMS
This Purchasing Agreement ("Purchasing Agreement") details the terms and conditions under which Bremo Auctions conducts its auctions. Bidders/Purchasers must be 18 years of age or older. By bidding on an item through Bremo Auctions, Bidder/Purchaser hereby accepts, without limitations or qualifications, the terms and conditions of sale set forth below.
1. RESERVES: Many of the lots at auction are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Bremo Auctions below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. Bremo Auctions will execute such reserves by bidding for the consignor. In any event, the auctioneer reserves the right to reject any bid or raise not commensurate with the value of such lot, regardless of whether the lot is subject to a reserve.
2. AS IS: All property is sold 'as is, where is' and neither Bremo Auctions nor any of its consignors makes any warranties or representations, express or implied, of any kind or nature with respect to the property, its merchantability, or its fitness for a particular purpose, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, quality, rarity, or condition of the property. No statement made at the sale, whether oral or written, in the bill of sale, on the invoice, or elsewhere shall be deemed a warranty of representation or an assumption of liability.
3. INSPECTION OF LOTS: Bidder/Purchaser acknowledges that all property/lots were made available for inspection prior to the auction by Bremo Auctions. Bremo Auctions strongly encourages any Bidder/Purchaser to carefully examine property and make determinations regarding authenticity PRIOR to bidding or otherwise participating in any sale.
Bidder/Purchaser's failure to inspect or otherwise be fully informed as to the nature, quality, condition, quantity, or size of any property/lot will not constitute grounds for any claim, adjustment, refund, rescission, or termination of the Purchasing Agreement.
4. BIDDING: Except as provided in Paragraph 1 above, the highest Bidder as determined by the auctioneer shall be the Purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the Purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid or refuse to acknowledge any Bidder.
5. PURCHASER INFORMATION: All Bidders/Purchasers must submit their name, residence, business address, telephone number, copy of a valid driver's license, and a valid credit card number, prior to participating in any auction. Bremo Auctions reserves the right to suspend the account of any Bidder/Purchaser who intentionally submits false or fraudulent contact information. Bremo Auctions shall have the right to reject any bid from any Bidder that has not established credit with Bremo Auctions prior to participating in an auction. Any Bidder that intends to spend in excess of $100,000 should make arrangements at least five (5) days in advance of the sale, as a deposit may be required to participate.
6. PURCHASER'S RESPONSIBILITIES: Property purchased by a successful Bidder/Purchaser may not be removed from the auction sale premises until the full purchase price has been paid, including the Buyer's Premium and all applicable taxes and service fees. Purchaser is responsible for paying the full purchase price and removing all property from the auction premises on the same day as the auction sale.
The Purchaser is responsible for all shipping expenses. The Purchaser shall remove all paid-for property from our premises NO LATER THAN 5:00 PM ON THE MONDAY FOLLOWING THE DATE OF SALE, except Internet bidders. Internet purchases must be picked up within 21 calendar days of the auction.
If Purchaser fails to arrange for shipping within the specified time periods, beneficial bailee rights of the Purchaser cease and a storage fee of $25.00 per lot, per day will be payable to Bremo Auctions by the Purchaser.
If Purchaser fails to arrange for shipping and Bremo Auctions remains in possession of a property 21 days after the required pickup date, Bremo Auctions may, at its election: (a) transfer the property to a public warehouse at the Purchaser's risk and expense, or; (b) sell the property at private or public auction, without notice to the previous Purchaser and with all proceeds to be retained by Bremo Auctions as liquidated damages and storage fees. If property belonging to a Purchaser is lost by fire, theft, damage, or any other reason, prior to the Purchaser taking possession of same within the above specified time periods, Bremo Auctions' liability shall be limited to the actual amount paid for the same at the auction wherein it was acquired and shall in no event include any incidental or consequential damages. BREMO AUCTIONS IS NOT A STORAGE FACILITY.
7. PAYMENT: Bremo Auctions accepts payments made by cash, check, cashier's check, and wire transfer. Visa and Mastercard are accepted (with 4% additional fee) for payments less than $2,000. An additional service fee of 5% will be assessed for credit card payments in excess of $2,000. Personal checks will be accepted only if credit has been established with Bremo Auctions or if a bank authorization has been received guaranteeing a personal check. Bremo Auctions reserves the right to hold merchandise purchased by personal check for 10 days after the check has cleared the bank. Purchaser agrees to pay Bremo Auctions a handling charge of $100.00 for any check dishonored by the bank.
8. LIABILITY: In no event will the liability of Bremo Auctions to any Purchaser with respect to any item exceed the purchase price actually paid by Purchaser for such item.
9. SHIPPING: Shipping is the responsibility of the Purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Any property offered at auction which contains materials from a species that is endangered or protected, including, but not limited to, ivory, coral, and tortoiseshell, may require a license or certificate prior to exportation from the United States or an individual state and additional certificates or licensure for importation into another state or country. Acquisition of the proper licensing for import or export of goods from local, state, or federal authorities is the sole responsibility of the Purchaser. Denial or delay of licensing will not constitute cancellation of a sale nor excuse delay in payment for the total purchase price of any lot.
Bremo Auctions assumes no liability for failing to identify materials from endangered or protected species or for incorrectly identifying such materials.
10. SALES TAX: All purchases are subject to the Virginia 5.3% sales tax, unless the Purchaser possesses a Virginia sales tax exemption number. Exemption numbers from other states are accepted in the Commonwealth of Virginia if presented with a business card or letterhead. All pertinent sales tax exemption forms must be received prior to purchase. Dealers, museums, and other qualifying parties can apply for a Virginia exemption number prior to an auction by contacting the Virginia Department of Taxation.
11. BUYER'S PREMIUM AND SERVICE FEES: A buyer's premium of 22% of the final bid price will be applied to each lot sold, to be paid by the Purchaser as part of the purchase price, except for property purchased via on-line auctions, by telephone bid, or on Sursy auctions. The buyer's premium on property purchased via telephone bidding will be 25% of the final bid price. ON ALL ONLINE BUYING PLATFORMS THE BUYER'S PREMIUM IS 27% IN ACCORDANCE WITH THEIR PLATFORM FEES. The buyer's premium on property purchased during Sursy auctions will be 15%. Bremo Auctions will assess a 2% fee for credit card purchases below $2,000, and a 5% fee for credit card purchases exceeding $2,000 (Visa and Mastercard ONLY). All purchases are subject to applicable state and local taxes, which are computed on the purchase price.
12. ACCEPTANCE OF TERMS: Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or via absentee bid. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged Bidder, subject to the conditions of the Purchasing Agreement set forth herein. Such Bidder/Purchaser assumes full risk and responsibility for any property successfully bid upon.
13. BREMO AUCTIONS' REMEDIES: If the Purchaser fails to fulfill his or her obligations under this Purchasing Agreement, including his obligation to pay in full the purchase price of all lots for which he is the highest successful bidder, in addition to all available legal remedies, Bremo Auctions may, at its election: (a) cancel the sale of that property or any other properties sold to the defaulting Purchaser, retaining any payments made as liquidated damages; (b) resell the property at private sale or public auction, without reserve, in which case the Purchaser shall be liable to Bremo Auctions for any deficiency or costs incurred, including the commissions for both auctions; (c) remove the property to a warehouse at the risk and expense of the Purchaser; (d) set off the outstanding amount remaining unpaid by the Purchaser against any amounts which Bremo Auctions may owe the Purchaser in other transactions; or (e) such other acts as Bremo Auctions deems necessary and appropriate. Purchaser agrees to pay for any and all costs incurred by Bremo Auctions in the process of collecting a debt, including reasonable attorney's fees and expenses.
14. DISCLAIMER OF WARRANTIES: Bremo Auctions and its consignors make no warranty or representation, express or implied, that the Purchaser will acquire any copyright or reproduction rights to any lot sold. Bremo Auctions expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations, and written material produced by or for Bremo Auctions relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Bremo Auctions and shall not be used by the Purchaser, nor by anyone else, without our prior written consent.
15. CHOICE OF FORUM: This Purchasing Agreement shall be governed by the laws of the Commonwealth of Virginia. The Bidder/Purchaser agrees that any suit for the enforcement of this Purchasing Agreement may be brought, and any action against Bremo Auctions in connection with the transactions contemplated by this Purchasing Agreement shall be brought, in the courts located in Albemarle County of the Commonwealth of Virginia or any federal court sitting therein. The Bidder/Purchaser consents to the exclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. If any provision of this Purchasing Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced as written.
Your use of this auction site marks your acceptance in full of the terms and conditions of the Purchasing Agreement.
