AJW Fine Art Terms and Conditions
Terms and Conditions
By submitting your bid, you agree that:
• You have read and agree with the Auctioneer Terms and Conditions below and the Invaluable Terms of Use Agreement
• You agree to pay a Buyer's Premium of 15% as well as any applicable taxes and shipping and handling charges.
AJW Fine Art - Terms & Conditions
PAYMENT AND BIDDER AGREEMENT
The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions, subject to any terms and conditions of, on which lots listed in the online catalog shall be offered for sale or sold by AJW Fine Art. Please read this agreement in its entirety prior to bidding. Any AJW Fine Art auction is conducted under these terms and conditions and applicable state, federal and local law. Any person participating or registering for an AJW Fine Art auction agrees to be bound by and accepts these terms and conditions. AJW Fine Art herein refers to and includes, the company, its representatives, managers, employees, and agents. Any announcements or corrections made during a specific auction supersede the terms of this Payment and Bidder Agreement for such auction.
This agreement binds you to arbitration and by agreeing to the terms, you are giving up your rights to bring a lawsuit against AJW Fine Art.
By bidding on an item, the bidder agrees to AJW Fine Art's shipping and handling policy and other charges. Bidder also agrees that neither delivery of an item after the date desired or expected by the bidder or loss of an item by a third party delivery company gives cause for a chargeback claim and bidder specifically agrees to refrain from the filing of such a claim.
TERMS AND CONDITIONS OF SALE
1. All items are sold as described. All sales are final. No refunds or exchanges. Should you have questions prior to bidding you may contact the gallery directly at ajw.gallery@roadrunner.com. Written and oral descriptions are the opinions of AJW Fine Art. AJW Fine Art believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. AJW Fine Art attempts to catalog every lot correctly and will attempt to point out any defects/condition in each lots description. It is the responsibility of prospective bidders to examine and/or ask any questions relating to all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items fully as you desire and have had the opportunity to ask questions and receive answers from AJW Fine Art that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question.
2. Any appraisals, estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder. No appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in an AJW Fine Art auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs.
3. In no event shall AJW Fine Art's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall AJW Fine Art have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of AJW Fine Art.
4. For Live Auctions, the successful bidder is the highest bidder acknowledged by AJW Fine Art. In the event of any dispute between bidders, or in the event of doubt on AJW Fine Art's part as to the validity of any bid, AJW Fine Art will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, AJW Fine Art's sale record is conclusive. While AJW Fine Art makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, AJW Fine Art reserves the right to cancel the sale and relist the lot in its sole discretion.
5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid.
6. All bids are subject to a non-refundable 15% buyer's premium which shall be added to a successfully placed bid upon sale of each lot. For all residents of California or shipments to California, applicable sales tax will be added to your invoice. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax from their invoice.
7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions. In the event that any reserve price of a lot is not exceeded by any bidder's bid, AJW Fine Art, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of AJW Fine Art and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by AJW Fine Art, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. AJW Fine Art has final discretion on sale of a lot. The decisions of AJW Fine Art are final.
8. INVOICING & PAYMENT: All payments for lots won are due within 48 hours of your invoice being sent. If you do not receive an invoice via email within 48 hours concluding the auction it is your responsibility to contact us by email. Your inquiry should be sent to; j.b.walsh.329@gmail.com. Direct your questions to Jack.
Our preferred method of payment is via PayPal; AJW Fine Art accepts Visa, MasterCard, and American Express. Should you not participate with PayPal you may contact the gallery directly at 310-246-9333 to pay for your items; the Gallery hours are Tuesday through Saturday 11AM-6PM Pacific Standard Time (PST). We also accept bank wire transfers, cashier's check, and money order. Invoices over $10,000 require a wire transfer. You will be emailed an invoice within 48 hours after the auction. Additional details on payment procedures will be provided in your invoice from the seller. If paying by money order or cashier's check, AJW Fine Art reserves the right to hold all purchases until the funds have cleared to the satisfaction of AJW Fine Art and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
9. SHIPPING & HANDLING: All shipping arrangements will be handled by AJW Fine Art. Shipping & Handling Fees will be included on your invoice. Once your payment has cleared and been processed, AJW Fine Art will usually ship within 4-7 business days via UPS.
IMPORTANT- Upon request, you may combine purchases to save on Shipping and Handling charges. Insurance costs for your item(s) are also factored into the overall Shipping and Handling charges. All order fulfilment takes place at a different location than the gallery and as a result we are unable to allow for items to be picked up.
Please email our shipping department at j.b.walsh.329@gmail.com regarding any questions you may have concerning the shipment of your order. Direct your questions to Jack.
10. LIQUIDATED DAMAGES: In the event that you bid and are deemed the winner of an item but fail to make payment in accordance with the invoice sent to you or claim a dispute with any third party intermediary such as a credit card company, you will be assessed a charge of 20% of the hammer price as LIQUIDATED DAMAGES. By bidding on any such lot you hereby agree to the payment of such LIQUIDATED DAMAGES as a result of the irreparable harm that will be sustained by AJW Fine Art. Furthermore, in the event that a winning bidder fails to make any payment under the terms and conditions including the LIQUIDATED DAMAGES described herein, we reserve the right to report such nonpayment to credit and collection agencies in our sole discretion.
11. AJW Fine Art reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. AJW Fine Art reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
12. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may cancel the sale, retaining all payments made by the purchaser and resell the property at a future auction. The purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder reject future bids from the buyer or render such bids subject to payment of a deposit, charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. Furthermore, in the event that a purchaser fails to make any payments under these terms and conditions, a 20% charge as liquidated damages will be administered. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion.
13. If any dispute occurs between a bidder and AJW Fine Art that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of California. AJW Fine Art shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an AJW Fine Art auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with AJW Fine Art. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay AJW Fine Art a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of AJW Fine Art's approval of the application of the bidder to bid in AJW Fine Art's auction, bidder confesses judgment to fraud having been committed by bidder against AJW Fine Art and further agrees that bidder is liable to AJW Fine Art for all damages, losses and costs, including time charges, resulting.
14. The bidder hereby waives, releases, remises, acquits, and forever discharges AJW Fine Art and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto.
15. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions.
16. These terms and conditions, the contents of any listing and the contractual relationship between AJW Fine Art and any bidder shall be interpreted under and governed by the laws of the State of California.
**IMPORTANT - PLEASE READ**
AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY AJW FINE ART, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 20% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 20% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE.
