Terms & Conditions
The property listed in this catalog will be offered and sold by Pacific Galleries as owner or as "Agent for Consignor" subject to the terms and conditions set forth on this page.
PROPERTY OFFERED FOR SALE
All Articles or Lots Sold "As Is"--Pacific Galleries and the Consignor assume no risk, liability, or responsibility for the authenticity of the authorship of any property identified in this catalog (that is, the identity of the creator or the period, culture, source of origin, as the case may be, with which the creation of any property is identified herein). All property is sold "as is" and neither Pacific Galleries nor the Consignor make any warranties or representations of any kind, or nature, with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, authenticity, attribution, provenance, age or condition of the property. No statement in the catalog, made at the sale, on the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability.
Conditions to Cancel a Sale
Notwithstanding the preceding condition, if within twenty-one (21) days of the sale of any lot, the purchaser gives notice in writing to Pacific Galleries that the lot so sold is counterfeit and, if within fourteen (14) days after such notice the purchaser returns the lot in the same condition as when sold, and proves beyond a reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalog, the sale will be rescinded and the purchase price refunded.
Right to Withdraw
Pacific Galleries reserves the right to withdraw any property at any time prior to the sale.
Rugs
Pacific Galleries attempts to accurately describe rugs and identify their country of origin. Our guarantee on rugs extends only to the fact that a carpet is hand-made. Indications of pattern, region and origin should be considered as probable and are in no way guaranteed.
AUCTION PROCEDURE
Registration--Pacific Galleries requires each bidder to fill out a registration form before receiving a bidder's paddle. A valid driver's license and a major credit card may be required.
Acceptance of Bids
Pacific Galleries reserves the right to reject a bid from any bidder. Pacific Galleries will not knowingly accept a bid from the consignor of any lot.
Sale to Highest Bidder and Disputes
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and 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, Pacific Galleries' record of sale shall be conclusive in all respects.
Reserve by the Consignor or Seller
Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to a reserve and Pacific Galleries may implement such reserves by bidding through its representatives on behalf of the consignor. When bidding Pacific Galleries will use bidder # 23, 900, 444, 983.
Absentee Bids
Pacific Galleries, without charge for its services, may undertake to make bids on behalf of responsible persons approved by it, subject to the conditions of sale and to such other terms and conditions as it may prescribe. Pacific Galleries reserves the right, however, to decline to undertake to make such bids, and when undertaking to make such bids shall in no event be held responsible for failure to correctly enter such bids. Pacific Galleries also allows for bids of no less than $500 to be made by telephone. In this instance, the buyer must notify the staff and fill out the appropriate forms.
Payment and Title Transfer
Upon the fall of the auctioneer's hammer, or the statement of "Sold", title to the offered lot passes to the highest bidder who thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore, or such part as Pacific Galleries may require. In a case of a discrepancy between the Artfact console's record of sale and the Pacific Galleries clerking sheets record, the clerking sheets will be the final accepted record. Pacific Galleries is also not responsible for technical issues or loss of internet connection. In cases where the internet connection is lost, Pacific Galleries will not stop the floor bidding while the connection is re-established; lots may therefore have to be passed on Artfact to catch up to the floor bidding.
Receipt to be Presented to Claim Articles
No article shall be delivered to a purchaser until a paid receipt has been presented. Pacific Galleries will make deliveries or purchaser may on request facilitate the employment of carriers and packers for the purchaser's account, however, Pacific Galleries will not be responsible for their acts in any respect whatsoever.
Buyer's Premium
On each lot the total purchase price payable shall be the sum of the final bid (the "sold" or "hammer" price) plus the buyer's premium. The buyer's premium is 18% and a 3% additional premium is added for internet bidders.
Removal of Purchased Merchandise
All property shall be removed by the purchaser at their expense no later than ten (10) days following the Western Auction and, if not so removed, Pacific Galleries may, at its discretion, (a) assess a storage fee of up to ten dollars per day per item (in no case to be less than $10 total charge), or (b) send said property to a public warehouse for the account, risk and expense of the purchaser. After ninety (90) days following the sale, Pacific Galleries may at any time declare the purchaser to be in default of the terms of sale.
Default on Sale
If any of the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Pacific Galleries and to the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Pacific Galleries, at its option, may either (a) cancel the sale, retaining as liquidated damage all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expense of both sales, and Pacific Galleries commission at its regular rates and all other charges due hereunder plus incidental damages.
Payment Information
Upon the fall of the auctioneer's hammer, or the statement of "Sold", title to the offered lot passes to the highest bidder who thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore, or such part as Pacific Galleries may require. Due to a small amount of Internet lag between the Artfact bidder and the auction console, bids placed online may not result in a winning bid even if shown on Artfact to have been placed a few seconds after the floor bid. Pacific Galleries does not see who is bidding through Artfact or have any way to choose one high bidder over another, which would in any case be against our policy. We welcome any and all bids, but once "Sold" has been announced, bidding on that lot is closed.
Shipping Information
Shipping, insurance packaging and handling of purchased lots is at the risk and expense of the purchaser. As a courtesy, Pacific Galleries may provide quotes for smaller, non-freight items. Winning bidders will receive a separate shipping quote and invoice via email. Because of the value and delicacy of the items offered by Pacific Galleries, items are sent using professional shipping services. Primary shipping is by UPS, USPS, FedEx and DHL, though other carriers may be used on a case-by-case basis. Within three days of the closing of the auction a shipping/packing quote will be sent to successful bidders. Please allow 2 to 4 weeks for shipping unless otherwise arranged. Post sale determination of shipping costs does not constitute grounds for cancellation of any purchase made at auction. Please contact us if you prefer in-store pickup in Seattle, Washington. All lots picked-up in person will be subject to local sales tax unless otherwise specified.
Please send any shipping quotes for smaller non-freight items to shipping@pacgal.com or call the shipping department at 206-441-9990. Please provide a zip code or state/province/country code for an accurate and allow 48 hours before the beginning of the live auction. All items are sent with insurance and tracking information. Furniture and larger items will take 4-6 weeks for delivery after payment is received unless otherwise arranged.
Please provide an email address and telephone number for tracking information. Pacific Galleries will offer combined shipping for multiple purchases when possible. Combined shipping quotes will be calculated upon the closing of the auction. Winning bidders are welcome to arrange their own shipping. Pacific Galleries will need a statement from you to verify the release of your items. Following is a local shipper we have experience with: Craters & Freighters 1-800-854-3342 Email: seatac@cratersandfreighters.com
PLEASE BE AWARE OF YOUR LOCAL REGULATIONS regarding the shipping or receipt of ivory, taxidermy and firearms. Pacific Galleries will not alter packing slips or lot descriptions or the price paid listed on same. If you choose to bid on at item that is later seized by customs, Pacific Galleries is not liable for any costs or refunds. If you are not sure about your local rules and regulations, please do not place bids on any item that might be in violation of your country's rules and regulations.
Please also note that all firearms must, by law, be shipped via Federal Express overnight delivery.
