Conditions of Sale
Guide for Prospective Buyers
Conditions of Sale
Golden State Auction Gallery encourages all prospective buyers to read the Conditions of Sale printed in this catalogue.
Exhibitions
Golden State Auction Gallery recommends that all prospective buyers attend the pre-sale exhibition prior to the auction. Staff members are available at our pre-sale exhibition to advise prospective buyers on particular objects or on any aspect of the bidding process.
Estimates
Golden State Auction Gallery provides catalogue descriptions and pre-auction estimates for each lot included in the sale. These estimates are a guide for prospective bidders. They are not definitive. All pre-sale estimates are subject to revision.
Condition Reports
We are happy to provide a condition report for lots with a low estimate of $300 and above. Nevertheless, intending buyers are reminded that condition reports are statements of our opinion only, and that each lot is sold "AS IS," per our Conditions of Sales, as outlined in the back of this catalogue. All lots should be viewed personally by prospective buyers or their agents to evaluate the condition of the property offered for sale due to the highly subjective nature of condition reports.
Bidding at Auction
The highest bidder acknowledged by the auctioneer will be the purchaser. In addition to the hammer price, they buyer agrees to pay Golden State Auction Gallery a buyer's premium as well as any applicable taxes.
Bidding generally opens at half the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction.
In-House Bidding
Live bidding at Golden State Auction Gallery is by paddle only. Please register for a paddle at the entrance of the sales room. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.
Online Bidding
Golden State Auction Gallery allows absentee and live bidding through our website www.goldenstateauction.net as well as absentee and live bidding through third party online bidding providers which vary by sale. For more information regarding online bidding please visit our website at www.goldenstateauction.net
Absentee Bidding
If you are unable to attend an auction, you may use the absentee bid form provided at the back of this catalogue. Golden State Auction Gallery will exercise written order bids and telephone bids at no additional charge. Lots will always be sold as inexpensively as is allowed other bids and reserves as are on our books or bids executed in competition from the audience.
Tax Exempt Notice
Lots marked with an asterisk (*) are tax exempt as permitted by law.
Conditions of Sale
GOLDEN STATE AUCTION GALLERY AS AGENT
The lots listed in this catalogue will be offered by Golden State Auction Gallery as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Prospective buyers are strongly advised to personally any property in which they are interested before the auction takes place. Condition reports are usually available on request, on lots with a low estimate of $300 and above. All lots are sold "AS IS" and without recourse and neither Golden State Auction Gallery nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Golden State Auction Gallery nor its consignor(s) makes any express or implied or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effect of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Golden State Auction Gallery and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Golden State Auction Gallery expressly reserves the right to reproduce any image of the lots sold in the catalogue.
AT THE SALE
Refuse of Admission
Golden State Auction Gallery has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Registration before bidding
A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.
Bidding as principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Golden State Auction Gallery before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Golden State Auction Gallery and that Golden State Auction Gallery will only look to the principal for payment.
Absentee Bids
We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be place in U.S. dollors. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a fee service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
Telephone Bids
On lots with a law estimate of $300 and above and of a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
Online Bids
You will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Reserves
Some lots in the sale are subject to a reserve, which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or in the absence thereof, the absolute discretion of Golden State Auction Gallery. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
Auctioneer's Discretion
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as the or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid
The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of dispute between bidders, the auctioneer had final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the
Golden State Auction Gallery sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
Guide for Prospective Sellers
Evaluation of Property
If you have property you wish to sell, please call our Consignment Department at 415.379.4700 to arrange for a consultation. At that time, you may make an appointment to bring your property or photographs, along with any other pertinent information, to Golden State Auction Gallery, and we will be happy to provide you with complimentary estimates and advice. If you have a large collection, an appointment may be made to evaluate the property on-site. Fees for on-site visits may vary.
Standard Commission Rates
Our standard rate of commission is equal to fifteen percent (15%) of the hammer price on each lot sold for $4,000 or more; and twenty-five percent (25%) of the hammer price on each lot sold for between $1.00 to $ 4,000.
Shipping Arrangements
Golden State Auction Gallery can advise you as to how to have your property delivered to our Gallery. Packing, shipping and insurance are payable by the seller. In certain instances, packing and shipping costs may be paid by Golden State Auction Gallery, and deducted from the proceeds of the sale. We may recommend packers and shippers, but we are not responsible for their acts or omissions.
AFTER THE SALE
Buyer's Premium
In addition to the hammer price, the buyer agrees to pay Golden State Auction Gallery a buyer's premium and applicable sales tax added to the final total.
Payment
They buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollar may be made with cash; bank check or cashier's check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with Golden State Auction Gallery reserves the right to hold merchandise purchase by personal check until the check has cleared the bank. The purchaser agrees to pay Golden State Auction Gallery a handling charge of $50 for any check dishonored by the drawee. We also accept Visa and Master.
Tax Exempt Notice
Lots marked with an asterisk (*) are tax exempt as permitted by law.
Collecting Purchases
Once Golden State Auction Gallery has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
Packing and shipping
If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers of packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Golden State Auction Gallery will have no liability of any loss or damage to such items.
Non Payment
If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in out possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.
e.) to offset against any amount owed
f.) to not allow any bids at any upcoming auction by or on behalf of the buyer
g.) to take other action as we find necessary or appropriate
Failure to Collect Purchases
If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, Golden State Auction Gallery reserves the right to charge $5 per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Golden State Auction Gallery shall have no liability for any damage to property left on its premises for more than fourteen (14) days following the sale. In addition, we reserve the right to impose a later charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and nay other fees being remitted to you.
LIABILITY
Condition Reports
Golden State Auction Gallery is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Golden State Auction Gallery shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in California. If any part of these 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 permitted by law.
Discretion
Any and all of the conditions may be waived or modified in the sole discretion of Golden State Auction Gallery.
