Shipping
All successful bidders will receive a shipping quote from John Atzbach Antiques with their invoice. This shipping quote includes the cost of USPS Priority as well as charges for insurance, materials, and labor. Please indicate any special shipping instructions in a separate email to us. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees, and insurance charges.
All packing and shipping will be handled in-house unless otherwise noted. This is in an effort to ensure lots are packed safely by highly-experienced art handlers while maintaining the lowest shipping and handling cost for our buyers. We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an estimated amount in the auction invoice.
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier, and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of John Atzbach Antiques. John Atzbach Antiques is not responsible for any loss resulting from items being shipped to an alternate address or recipient provided by Bidder. We ship primarily by USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 to 3 weeks following their payment. The actual cost of shipping, insurance, registry, and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item, to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, John Atzbach Antiques may ship items using Fedex Express services or pack and ship enterprises, the cost of which shall be charged to the Bidder. John Atzbach Antiques will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at John Atzbach Antiques' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and John Atzbach Antiques reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. John Atzbach Antiques may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, Hawaii, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. John Atzbach Antiques will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In John Atzbach Antiques' sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. It is the foreign bidder's obligation to be aware of and instruct John Atzbach Antiques regarding any special taxes or fees applicable to their particular circumstances.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with John Atzbach Antiques from other auctions which are not in compliance with the provisions of payment above, until such balances are paid in full and all funds have cleared. John Atzbach Antiques may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of John Atzbach Antiques' approval of a Bidder to bid in any sale, Bidder permits John Atzbach Antiques to add Bidder to John Atzbach Antiques mailing list. John Atzbach will send information to Bidder relating to John Atzbach Antiques activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to John Atzbach Antiques activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from John Atzbach Antiques or third parties providing information relating to John Atzbach are not spam. Any and all of the conditions may be waived or modified in the sole discretion of John Atzbach Antiques.
Please allow 5 to 7 business days for shipping after payment is received. Items will be shipped on a first-pay, first-ship basis. We strive to get everyone?s purchases to them as soon as possible, but we cannot guarantee that your items will be shipped immediately upon receiving payment. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. John Atzbach Antiques will have no liability for any loss or damage to shipped items.
-INTERNATIONAL AND OUT OF STATE BUYERS-
International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. These fees will in no case be reimbursed by John Atzbach Antiques. Items shipped out of state are not subject to Washington state sales tax.
Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. It is the purchaser's responsibility to obtain any licenses and/or certificates as well as any other required documentation prior to shipment. In the case of denial or delay of any required documentation or paperwork, the buyer will still be responsible for making on-time payment for the total purchase price of the lot. Therefore, if you are unsure, John Atzbach Antiques recommends that you DO NOT BID on items containing animal materials such as tortoiseshell, bone, etc. We support the ban on the sale of non-antique carved ivory objects of art.
-TIMELY REMOVAL OF PROPERTY-
John Atzbach Antiques is not liable for any damage to purchases for which we have not received shipping instructions within fourteen (14) days of receipt of payment. Please note that payment is due five (5) business days after the completion of the auction. Failure to remove property from John Atzbach Antiques within fourteen (14 days) of receipt of payment will result in John Atzbach Antiques storing your property, with no liability to John Atzbach Antiques, and you agree to hold John Atzbach Antiques harmless for any damages associated with said storage. No storage fees will be charged if the merchandise is picked up or shipped within 30 days of the auction. After this period of time, the purchaser will be assessed a $10.00 per lot per day storage fee until the merchandise is picked up or shipped. If a storage fee is assessed, it is payable in full prior to removal of any merchandise from the premises of John Atzbach Antiques.
Purchaser further agrees that after 60 days after the date of the auction, if the purchased merchandise has not been removed or other arrangements have not been authorized by John Atzbach Antiques personnel in writing, the merchandise shall be sold at auction at no reserve. All costs of notice, advertising, commissions, the sale and additional storage fees per lot at $10.00 per day will be assessed against the proceeds of the sale. Any funds remaining after the resale of the items and payment of auction fees and storage fees will be distributed as required by law.
-TITLE-
On the fall of the Auctioneer's hammer and full payment, title to the offered lot will pass to the highest bidder acknowledged by Auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price and any applicable fees (such as sales tax and shipping) IMMEDIATELY upon receipt of invoice.
-REMEDIES-
If any applicable conditions herein are not complied with by the Buyer, in addition to other remedies available to John Atzbach Antiques and the Consignor by law, including without limitation the right to hold the Buyer liable for the total purchase price, John Atzbach Antiques at its option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the Buyer or (b) resell the property either privately or at public auction without reserve and in either event the Buyer will be liable for any deficiency in the purchase price and all costs and expenses, including: storage fees, handling charges, the expenses of both sales and commissions on both sales at John Atzbach Antiques' regular rates, all other charges due hereunder, including attorney fees and incidental damages. In addition, a defaulting Buyer shall be deemed to have granted John Atzbach Antiques a security interest in, and John Atzbach Antiques may retain as collateral security for such Buyer's obligations to use, any property, in John Atzbach Antiques possession owned by such Buyer. Payment will not be considered to have been made in full until Buyer's check, wire, or credit card payment has cleared John Atzbach Antiques bank.
The Buyer's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. John Atzbach Antiques and Consignor shall not be liable for any incidental or consequential damages incurred.
-LIMITED THIRTY (30) DAY WARRANTY-
As stated in above, neither John Atzbach Antiques nor Consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalog, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically provided herein. Except that John Atzbach Antiques warrants the authorship (as hereinafter defined) of a lot only for a period of thirty (30) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified within the thirty (30) day limited warranty period, IF it is determined to John Atzbach Antiques' satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to John Atzbach Antiques in the same condition in which it was at the time of sale. John Atzbach Antiques shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, mutually acceptable to John Atzbach Antiques and the Buyer, before John Atzbach Antiques determines whether to rescind a sale under this limited warranty. If requested, John Atzbach Antiques will provide Buyer with the names of acceptable recognized experts. Buyer is advised that said lot should be inspected by themselves or their agents to their own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires thirty (30) days from the date of sale. Otherwise, there is no recourse whatsoever with John Atzbach Antiques as to authorship as defined hereinafter. Authorship is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalog, as amended by an oral or written salesroom notices or announcements. Lack of authorship would also include fake or counterfeit items.
-JURISDICTION-
These Conditions of Sale and the Buyer's and our respective rights and obligations hereunder are governed by the laws of the State of Washington. By bidding at an auction, each Buyer and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against John Atzbach Antiques (but not including claims brought against the Consignor by the Buyer of lots consigned hereunder) shall be resolved by legal action brought in King County, Washington as the sole place for jurisdiction and litigation of any issues between the parties.
Furthermore, any and all claims made between the parties hereto as a result of any transactions herein, the parties agree to a one-year statute of limitations.
* Once a catalog has been proofed the terms cannot be edited.
Preview Period
* Once a catalog has been proofed the terms cannot be edited.
Preview Period
