NY Antique & Art Gallery Terms
NY Antique & Art Gallery Terms and Conditions of Online Auctions
The Online Auctions are presented by NY Antique & Art Gallery Inc. ("Auctioneer"). The Auction is conducted under the NY Antique & Art Gallery Terms and Conditions of Online Auctions. All bidders must understand and agree to be bound by and accept these Terms and Conditions, whether present in person or by absentee bid, telephone, internet or other means. All bidders need to read the Terms and Conditions carefully and make sure that you understand and agree the Terms and Conditions and sign prior to bid in any Auctioneer's online auctions.
1. All sales are final and all properties are sold as is. No returns are permitted.
2. Buyer's Premium: A Buyer's Premium of twenty-three percent (23%) of the hammer price will be added to the successful bid. NY Antique & Arts Gallery (Auctioneer) will offer a three percent (5%) discount to payments by cash, cashiers check, bank wire transfer for the Floor, Telephone and Absentee bid. There are no discounts for any online bids.
3. Warranties and Disclaimers: No warranty, whether expressed or implied, is made with respect to any description contained in this auction. Any descriptions, translations and photos or second opinion contained in this auction is for identifying the items for those bidders who do not have the opportunity to view the lots prior to bidding and should not be used as a substitute for viewing the items in person. Both Auctioneer and consignors shall not take any responsibility for the description and photos and digital images of items in this auction. Buyers and bidders shall not rely on Auctioneer, the Auctioneer employees, the catalog description, or advertisements in any part. Buyer needs to rely on Buyer's own inspections and opinions only to bid in this auction. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. Auctioneer disclaims any warranty regarding damage to glass covering paintings, drawings and other works or frames.
4. Register: All bidders must register and apply for a bidding number in order to participate in the auctions. The bidder may register in person or by agent at Auctioneer's local offices before the auction begins. NY Antique & Art Gallery will create a customer account for the bidder however the bidder must provide a government-issued proof of identity such as a valid driver's license or passport. The bidder can also register on www.NYAART.com or Liveauctioneers.com to join into Auctioneer's auctions. The bidders need complete an application form twenty-four (24) hours prior to the auction to place a bid.
5. Successful bidders may pay on the day of the auction; otherwise Auctioneer will send the bidder an invoice according to the pre-sale preference. The final amount due will include Auctioneer's auction hammer price, buyer's premium and local taxes. All sales are strictly for cash in United States dollars. Cash includes: U.S. currency, bank wire, cashier checks, bank money orders, all subject to reporting requirements. We reserve the right to retain all goods paid for by check until the payment has been cleared. Credit cards will not be accepted for any foreign transactions or total purchases equal to or greater than $3,000 USD.
6. All purchases must be paid and picked up within ten (10) business days. Items left after this time will be placed in a storage facility and buyers will be charged accordingly. Property removed to offsite facility will be moved at buyer's risk and expense. All shipping charges will be borne by the successful Bidder. It is the responsibility for the successful bidder to arrange pick-up and shipping through third parties. Regarding such items, NY Antique & Arts Gallery (Auctioneer) shall have no liability whether or not third parties are recommended by Auctioneer. Any risk of loss during shipment will be borne by the buyer and the designated common carrier, regardless of domestic or foreign shipment.
7. Auctioneer will sell the items to the highest bidder in the auctions. Auctioneer has the right to reject any bid. Auctioneer is the arbiter of any disputed bids. Auctioneer reserves the right at its sole discretion to reopen the bidding for any items. Auctioneer reserves the right to withdraw or re-offer any items in Auctioneer's auctions. Auctioneer will execute all bids. Auctioneer reserves the right to cancel any sale before, during and after the auction to the extent conditions set forth in these Terms and Conditions are breached or unfulfilled. To the extent conditions set forth in these Terms and Conditions are breached or unfulfilled, Auctioneer may either cancel the sale and retain payments made by Bidder as liquidated damages or Auctioneer may sell the purchased property at its discretion. Bidder shall remain liable for reasonable expenses incident to such sale as well as any balance of payment owed. Auctioneer is not responsible for any missed bids. Auctioneer reserves the right to waive and adjust the NY Antique & Art Gallery Terms and Conditions of Online Auction and catalogue descriptions by public announcements in NY Antique & Art Gallery website www.NYAART.com.
8. Auctioneer reserves the right to refund the successful bidder's payment for any flood, damage or other unpredictable reasons for any sold properties if the properties are not available to be picked up by the successful bidders.
9. Auctioneer does not accept any properties or items made of, or containing ivory, coral, or other materials pertaining to be endangered species. Auctioneer does not accept any properties or items with any import or export restrictions by governing laws.
10. If any part of these NY Antique & Art Gallery Terms and Conditions of Online Auction is found by any court to be invalid, illegal or unenforceable, that part shall be solely addressed and the balance of the Terms and Conditions with all other provisions herein shall continue to be valid and enforceable to the fullest extent of the law.
11. If any dispute arises to NY Antique & Art Gallery Online Auctions, the bidder and NY Antique & Art Gallery agree to submit the dispute to the American Arbitration Association following the provisions of the Federal Arbitration Act in New York City, NY. The dispute must be claimed by the bidder within thirty (30) days after the online auction or the claim shall be barred. Any unclaimed dispute remaining after thirty (30) days after the online auction shall be strictly between the bidder and consignor and the NY Antique & Art Gallery shall not be in any way liable or responsible for any such claims.
12. The NY Antique & Art Gallery Terms and Conditions of Online Auction shall be governed by the laws of the New York State. The bidder agrees that any suit for the enforcement of these Terms and Conditions and any action against the NY Antique & Art Gallery shall be brought in the New York State or any federal court sitting therein.
Shipping Terms
All purchases must be paid and picked up within ten (10) business days. Items left after this time will be placed in a storage facility and buyers will be charged accordingly. Property removed to offsite facility will be moved at buyer's risk and expense. All shipping charges will be borne by the successful Bidder. It is the responsibility for the successful bidder to arrange pick-up and shipping through third parties. Regarding such items, NY Antique & Arts Gallery (Auctioneer) shall have no liability whether or not third parties are recommended by Auctioneer. Any risk of loss during shipment will be borne by the buyer and the designated common carrier, regardless of domestic or foreign shipment.
