Terms and Conditions
1. Applicable terms and conditions
Each lot in this catalogue will be offered for sale subject to the
terms and conditions set forth below, as changed or supplemented
by provisions (i) written in other places in this catalogue, (ii) in
written supplements to this catalogue or other written material
prepared by us, and (iii) as stated by auctioneer or posted in writing
at the time of auction. By bidding at the auction, whether in person,
though an agent, by written bid, by telephone bid, or by other
means, the buyer and all bidders agree to be bound the these terms
and conditions, as changed or supplemented as provided in this
paragraph.
2. Definitions
The use of "we", "us", and "our", or "Link Auction Galleries" in
this catalogue refers to Link Auction Galleries, LLC and the use of
"buyer" refers to the person or entity buying property at the auction
or at a private sale. "Standard Terms and Conditions" refers
to these terms and conditions, as changed or supplemented in the
ways mentioned in Paragraph 1 above. The "consignor" refers to
the seller(s) and any party(ies), acting as agent for the sellers in
consigning the Property to us for sale. A "lot" refers to the lot in
which Property is grouped by us. "Property" refers to each item of
property listed for sale at auction or by private sale. The "reserve"
refers to the minimum price at which the Property is to be sold, and
does not include commissions, fees, buyer's or seller's premiums
or taxes, if any.
3. Warranty Information; Buyer's Remedies
(i) all property is sold "AS IS", and neither we nor the consignor
make any guarantees, warranties, or representations, express,
or implied, with respect to the Property, except as to warranty of
title. All implied warranties of MERCHANTABILITY and FITNESS
OFR PURPOSE ARE SPECIFICALLY DISCLAIMED by us and the
consignor;
(ii) specifically, neither we, nor the consignor, make any representation
or warranty of any kind, express or implied, with respect to any
of the following characteristics of the Property: age, authenticity,
genuineness, attribution, provenance, origin, physical condition,
importance, size, quality, rarity, value, exhibitions, historical references
or significance, medium, material, period, culture, source,
or origin:
(iii) all information in the catalogue or elsewhere, concerning the
characteristics mentioned in (ii) above, is offered to bidders as a
statement of opinion only. It is not intended to contain statements
of fact for which we or the consignor may be held liable. This
disclaimer of liability on our part applies whether the information
is included in the catalogue, advertisements, announcements, or
communicated through our representatives, bills of sale elsewhere,
and whether written or oral, and
(iv) neither we, nor the consignor, shall be responsible for the
correctness or accuracy of descriptions or other information in this
catalogue or elsewhere. The bidder assumes the full responsibility
to inspect and evaluate the Property as is, his or her complete
satisfaction prior to any purchase. The bidder must make an
independent judgment about (a) the Property, (b) its value, and
(c) descriptions or other information about the Property. We
may, without in any way diminishing our disclaimers of liability,
contained in this Paragraph 3 and elsewhere, mentioned in the
description of the lot, significant damage, although this does not
include all faults, imperfections and restorations. No such condition
report is provided on lots who's low estimate is less than $500.
In addition, all measurements and weights stated in the catalogue
are approximate, unless accomplished by a G.I.A. or comparable
certificate certifying measurements and weight.
No Warranty of Reproduction. Neither we nor the consignor make
any warranty or representation, express or implied, concerning any
rights of copyright or reproduction in, to or of the Property.
Price Estimates. The estimates provided in the Catalogue are
merely our opinion of the price that a willing buyer would pay for
the Property at auction. The actual price that might be realized at
auction or upon resale of the Property may be substantially different
from these estimates. We shall not be liable in any way for such
a difference.
Remedies for Breach of any Warranty. If there is any breach of a
warranty, buyer's sole remedy shall have any liability for other
damages, such as but not limited to, direct, indirect, special,
incidental, or consequential damages. No refund will be made until
the Property is returned at buyer's expense to the premise of Link
Auction Galleries where the Property was purchased in the same
condition as the Property was in at the time of the sale. We act only
as agent for the consignor and make no independent warranty of
any kind. Nothing in this Paragraph 3 is intended to exclude any
warranty of title required to be given under the Regulations of the
City of St. Louis.
4. The Auction
Bidder Paddles. All persons attending the auction must obtain a
bidder's paddle prior to bidding. The Auctioneer may refuse to
recognize any person without a bidder's paddle.
Auctioneer Announcements. All terms, conditions, notices,
descriptions, statements and other matters in the catalogue and
elsewhere concerning any lot may be changed or added to by the
Auctioneer, prior to any bid being accepted for the lot.
Sale to the Highest Bidder. A lot shall be sold to the highest bidder
determined by the auctioneer, subject to the terms and conditions
of the sale. Title to the lot shall pass upon the fall of the Auctioneer's
hammer. The buyer shall be obligated to pay the purchase
price, including buyer's premium and applicable taxes, as set forth
in the terms and conditions. Upon title passing to buyer, buyer
assumes all risk of loss and damage to the Property and all responsibility
with respect to the Property, such as but not limited to the
obligations, costs, and expenses for handling, shipping, insurance,
taxes and export of the Property.
Discretion. The auctioneer has the right to: (i) reject any bid, (ii)
refuse to acknowledge any bidder (iii) challenge bids (iv) withdraw
a lot from sale or pass the lot, (v) reject any advance in the building
if the Auctioneer deems it insufficient, and (vi)otherwise regulate
the bidding and its increments. IN the event of a dispute between
bidders, the Auctioneer has the absolute right to determine the
successful bidder or to re-offer the lot in dispute. If any dispute
arises after the sale, Link Auction Galleries sales records may be
deemed conclusive. We also reserve the right to divide any lot and
to combine any two or more lots. The discretion of the Auctioneer
as described in this Paragraph 4 may be fully exercised in the absolute
discretion of either Link Auction Galleries or the Auctioneer,
without liability of any kind on the part of Link Auction Galleries or
the Auctioneer.
Purchase Price; Buyer's Premium; Taxes. The purchase price to
buyer of the lot shall be (i) the amount of the successful bid price,
plus (ii) a premium of 20% on the first $100,000 of the successful bid
price, and 15% on any portion of the price which exceeds $100,000.
In addition, buyer shall pay all applicable sales, use, excise and
other taxes, whether federal, State, or local. Only valid resale certificates
will be accepted as proof of exemption for U.S. dollars. All
foreign buyers should contact the Accounting Department about
tax matters. Purchases will not be released to a buyer unless all tax
requirements are satisfied. Payment for accommodation services,
such as packing, handling, insurance, shipping, or other services
requested by the buyer shall be made as provided in Paragraph 5
below.
Payment. Cash, money order, bank checks, MasterCard, Visa, Discover,
American Express and personal checks with a valid driver's
license are accepted. Lots will not be released until the full amount
of all charges had been paid, unless otherwise agreed by us in writing.
The following should be noted:
(i) When paying in cash, payments should be made to the Cashier,
either during or after the sale;
(ii) When paying by check, checks should be made payable to "Link
Auction Galleries" for the total amount due. If payment is made by
mail, please insure that the sale number is written on the check.
We reserve the right to withhold deliver of Property to buyer until
funds represented by check have been collected or credited or the
authenticity of bank or cashier's checks has been determined. Payment
will not be deemed to have been made until we have collected
funds represented by checks or other instruments. Checks drawn
by third parties will not be accepted.
(iii) When paying by bank transfer, all transfers must state the
relevant sale number, lot number, and the buyer's bid number. If
converting from a foreign currency, the amount we receive must,
after deduction of any bank or other charges, be the full amount
due in U.S. Dollars. Bank Transfers to be made to such account as
we shall designate.
5. Removal of Property; Late Charges; Work of Others
Collection of Purchased Property. No purchase may be claimed or
removed until it has been fully paid for, unless otherwise agreed
by us in writing. Also, unless a different arrangement is confirmed
in writing by us, all lots shall be paid for and removed at the purchaser's
risk and expense no later than 5 pm within two business
days after the sale. When full payment is received, the buyer will
receive a "Delivery Order". This is buyer's proof of payment and
must be presented when collecting purchases.
Storage and Late Payment Charges. After five days, a storage fee
of $5 per day, per lot will be charged on lots not removed by 5 pm
within two business days after the sale. In addition, an administrative
fee of $45 will be charged on each lot not removed within 28
days of the sale. We reserve the right to charge a late payment fee
of 1 ½% a month on the purchase price if payment is not received
on time as provided in these Standard Terms and Conditions. We
also reserve the right to place Property in public storage, which
case buyer shall be charged the amount of such storage, and other
reasonable costs associated with storage of the Property.
Accommodation Services. Any packing, handling, insurance,
shipping, or other services, which we agree to provide or arrange
for, are recommended or furnished only as a courtesy to the buyer.
All costs and risks associated with such services shall be fully
assumed by the buyer. The costs of such services shall be paid
in advance or promptly reimbursed to us, at your discretion. We
shall not under any circumstances be liable for acts or omissions of
packers, handlers, carriers, or others, even if their acts or omissions
result in loss of or damage to Property.
Export and Import Matters. An export license issued by the U.S.
Fish and Wildlife Service or other U.S. federal agency may be
required for the export of any item made of or incorporating (irrespective
of percentage) animal material, such as but not limited
to, ivory, whalebone, rhinoceros horn or tortoiseshell. Bidders are
advised that some countries completely prohibit the importation of
property containing such materials. Accordingly, prior to bidding,
bidders considering export of the Property should familiarize themselves
with relevant export and import regulations of the countries
concerned. It is the buyer's sole responsibility to comply with these
laws and to obtain any necessary export and import licenses.
Failure to obtain a license or delay in doing so shall not constitute a
basis for rescission or cancellation of a purchase or delay in making
payment for a purchase.
6. Buyer's Breach
Remedies upon Buyer's Breach. If buyer fails to comply with any of
its obligations, buyer will be in default. In that case, the buyer will
be liable for the full purchase price, including fees and charges. In
addition at our option, we may (i) cancel the sale of the lot on which
buyer is in default and on all other lots sold to buyer, and keep all
payments made by buyer as liquidated damages, (ii) resell the lot(s)
at private or public sale, without reserve, and (iii) exercise any other
rights given by law. In any event, we shall be entitled to recover
from the defaulting buyer any amounts that remain due us on the
purchase price, together with all fees and charges. We shall also
be entitled to recover all damages, including costs of collection incurred
in connection with buyer's default. These costs of collectioninclude, but are not limited to, handling charges, normal sales commissions
and expenses (on both the sale for which buyer defaulted,
and on any resale), and reasonable attorneys' fees and expenses.
Security Interest. As security for full payment to us of all amounts
is due from buyer, Link Auction Galleries retains, and the buyer
grants to Link Auction Galleries, a security interest in the Property
purchased by buyer at auction and in any other property or money
in our possession or coming into our possession. We may apply
such money or deal with such property as the Uniform Commercial
Code or other applicable law permits a secured creditor to do. This
security interest shall cease upon actual physical delivery of the
property to buyer or buyer's agent.
7. Absentee Bids
As a convenience to buyers who cannot attend a sale in person, we
may, if so instructed, execute written absentee bids on a buyer's
behalf, without additional cost. Absentee bidders are required
to submit bids on the "absentee bid form", a copy of which is
printed in the catalogue of otherwise available from us. The buyer
must clearly indicate the maximum amount buyer intends to bid,
excluding the buyer's premium. "Buy" bids will not be accepted.
For bidders requesting the opportunity to bid by telephone on lots
estimated over $500.00, we reserve the right to have a completed
telephone bid form on file prior to any such bidding. We also
reserve the right to require written confirmation of a successful bid
from the telephone bidder, by facsimile or otherwise, immediately
after such bid was accepted by the Auctioneer. Telephone bids may
be recorded, and by bidding on the telephone, bidder consents to
a recording of the conversation. Absentee bids, whether written,
executed by telephone, or otherwise, are an accommodation for
the buyer, and we will not be liable for errors, omissions, or failure
to execute bids. Lots are bought for absentee bidders at the lowest
possible price permitted against other bidders and the reserve.
8. Private Sales
These Standard Terms and Conditions shall also apply to any
private sale by us of Property.
9. Rescission by Us
If an adverse claim is asserted with respect to the Property purchased
by a buyer, we shall have the right, but not the obligation, to
rescind the sale. Upon notice of our election of rescind the sale, the
buyer will promptly return the Property to our premises in the same
condition as the time of purchase. We will then refund the purchase
price and buyer's commission. The refund shall constitute the sole
remedy and recourse of buyer against us and the consignor with
respect to such claim.
10. Limitation of Liability
We are acting as agent only in connection with sale of Property. We
disclaim any responsibility for a breach or default by the consignor,
expect as specifically stated above.
In no event will our liability for any breach, act or omission (including,
but not limited to, any breach of the Authorship Warranty or
any breach of warranty of title) exceed the purchase price actually
paid by buyer. BUYER AGREES THAT WE SHALL HAVE NO LIABILITY
UNDER ANY CIRCUMSTANCES FOR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, whether in contract,
warranty, tort, strict liability, negligence or otherwise, arising
out of, resulting from, or relating in any way to (i) the Property or its
purchase, sale, delivery or non-delivery, or (ii) the acts or omissions
of us or our agents, representatives, affiliates, officers, directors,
or employees.
11. Governing Law; Submission to Jurisdiction
The laws of the State of Missouri (excluding it conflicts of laws
rules) shall be used to interpret the meaning of these Standard
Terms and Conditions. By bidding at an auction or otherwise
purchasing Property, whether personally or by an agent, and
whether physically present at an auction or bidding by way of written,
telephone, electronic or other bid means, BUYER CONSENTS
TO THE JURISDICTION OF (I) THE STATE COURTS OF THE STATE
OF MISSOURI LOCATED IN THE CITY OF ST. LOUIS, MISSOURI
AND (II) THE FEDERAL COURTS FOR THE EASTERN DISTRICT OF
MISSOURI. BUYER ALSO AGREES THAT ANY LAWSUIT BUYER
MAY BRING AGAINST US WILL ONLY BE BROUGHT IN THE STATE
COURTS OF MISSOURI LOCATED IN THE CITY OF ST. LOUIS, MISSOURI
OR (II) IN A FEDERAL COURT FOR THE EASTERN DISTRICT
OF MISSOURI.
12. Waiver
Any provision of the Standard Terms and Conditions my be waived
by us, provided that such waiver is in a writing signed by one of our
duly authorized officers. A waiver on one occasion shall not be a
waiver on any other occasion, nor shall any waiver of one provision
affect our ability to insist on strict performance by buyer of all other
provisions.
13. Information
If you need further information or have any questions about these
Standard Terms and Conditions, or any other provisions applicable
to a sale, please call us at 314-454-6525. Electronic mail is info@
linkauctiongalleries.com. Our website is www.linkauctiongalleries.
com
IMPORTANT NOTICE TO ALL PURCHASERS OF JEWELRY
The Following provision supplements the Standard Terms and
Conditions appearing in this catalogue.
Clients are advised that many colored gemstones are treated
to enhance their properties. For example: heating is commonly
used to improve the color or transparency of rubies or sapphires;
and oiling is used to enhance clarity in emeralds. Such enhancement
procedures are widely accepted by the international jewelry
profession. While the color of heat-treated stones is permanent,
oiling may need to be repeated after a number of years in order for
emeralds to retain optimum clarity.
As a matter of policy, Link Auction Galleries will obtain gemological
reports from officially recognized laboratories for certain
gemstones offered for sale. The contents of these reports are
given in our catalogues. However, it is not feasible for Link Auction
Galleries to obtain such reports for all gemstones offered at auction
and prospective buyers should therefore bear in mind that,
unless otherwise stated, such enhancement methods could have
been used. Prospective buyers must be made in good time (two
weeks before the auction date) and are at the client's cost (prepaid).
Enhancement of gemstones may affect market values, and clients
are advised that if official gemological reports are not available
gemstones may have been enhanced.
Illustrations are produced as approximately life-size, unless stated
to the contrary. However they are rarely exact and cannot be used
as precise indications of size.
IMPORTANT NOTICE TO ALL PURCHASERS OF
WATCHES
The following provision supplements the Standard Terms and
Conditions appearing in this catalogue.
NO WARRANTY IS MADE THAT ANY WATCH IS IN WORKING ORDER
AND NOTHING IS THIS CATALOGUE DESCRIPTION OF ANY
SUCH LOT SHOULD BE TAKEN AS IMPLYING SUCH. Purchasers
are advised to have watches checked by a competent watchmaker
before use.
