Terms & Conditions of Sale
The property listed in this auction catalog will be offered by Millea Bros. Ltd. (Millea Bros.) as owner or as agent for their consignor(s) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Millea Bros. Ltd. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale:
1) All property is sold in "as is" condition and all sales are final. Neither Millea Bros. nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder.
2) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, Millea Bros.' record of the successful buyer and final sale price shall be conclusive. Millea Bros. reserves the right to withdraw, combine or divide any lot at any time before bidding commences.
3) The auctioneer has sole and exclusive discretion, and authority to regulate the following bidding increments:
> $0 - $100 ...................$10 increments
> $101 - $500 ...............$25 increments
> $501 - $1,000 ............$50 increments
> $1,001 - $2,000 ..........$100 increments
> $2,001 - $5,000 ..........$250 increments
> $5,001 - $10,000 ........$500 increments
> $10,001 - $50,000 ......$1,000 increments
> $50,001 - $100,000 ....$2,500 increments
> $100,001 - $150,000 ...$5,000 increments
> $150,001 - and up .......$10,000 increments
4) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in".
5) Absentee, telephone, and Internet bidding is offered as a convenience to our customers and, while we will make every effort to carry out your instructions, Millea Bros. cannot be held responsible for errors and omissions resulting in failure to execute your absentee and/or telephone bids.
6) Users of third-party internet bidding services shall indemnify and hold Millea Bros. and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Millea Bros. and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services.
7) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or recommended agent of Millea Bros. shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and Millea Bros. shall not be liable for any loss or damage that maybe caused by such employee or agent. Under no circumstances will Millea Bros.' liabilities to a purchaser exceed the purchase price actually paid.
8) The purchase price of each lot shall be the amount of the successful bid plus a twenty percent (20%) buyer's premium. Unless exempt by law, all purchases, including buyer's premium, are subject to all state and local taxes applicable at the time of payment.
9) All payments are due immediately upon receipt of invoice. Payments will be accepted by cash, check, certified check, money order, or wire transfer. Credit cards are not accepted on purchases made through Invaluable's online bidding platform. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Millea Bros. reserves the right to hold merchandise purchased by check until the check has cleared the bank. The purchaser agrees to pay Millea Bros. a handling charge of $35 for any check returned for insufficient funds. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.
10) Millea Bros. Ltd. does not ship. The purchaser must pay for and remove all property from "the auction site" (Millea Bros. Auction Gallery, 607 Myrtle Avenue, Boonton, NJ 07005) at his/her risk and expense. Buyers are welcome to use a pack/ship professional of their choice or to collect their purchases in person at "the auction site" for up to ten (10) business days following the completion of the auction. All purchases not removed from "the auction site" within the aforementioned timeframe will be released to a third-party storage and shipping company, "3 Little Men" in Frenchtown, New Jersey and moved to their warehouse facility without further notice to the buyer. The buyer will then coordinate all shipping, delivery and pickup arrangements with "3 Little Men" directly. Invoices must be paid in full to Millea Bros. before purchased property can be released or collected. 3 Little Men will store merchandise free of charge for a period of up to (10) business days. After that period a one-time $25 handling fee will be assessed and a daily storage charge of $5 per lot/day will commence regardless of lot size or value.
11) If any applicable conditions contained herein are not complied with by the purchaser, Millea Bros. may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost.
*NOTE REGARDING ANIMAL MATERIALS: Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description.
Shipping
Returns
All sales are final. There are no cancellations, returns or refunds. Under certain circumstances, we may make an exception and allow a cancellation, return or approve a refund. However, in the case of a return the Buyer's Premium and Shipping Cost will not be refunded.
Damaged Goods
If a purchase arrives and it is defective or damaged you will not be charged for return shipping and will be offered a replacement item or full refund if the oversight was ours. Prior to returning an item the customer must obtain a Return Authorization number from our Customer Service Department.
Re-lists
Occasionally you may notice that an item is re-listed. This can be due to a variety of reasons such as a winning bidder in a previous auction not paying for the item, multiple types of the same item or it is one of the few items listed with a reserve and the reserve was not met.
Disclaimer Appraisals
GovernmentAuction.com utilizes Retail Replacement Value Appraisals, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry, with an item of equal quality and kind, considered to be the current market price or the replacement value. This type of appraisal is done to protect you in the event of damage or loss of a valuable item. Our appraisals are conducted by and independent 3rd Party appraisal firm that utilizes Certified GIA Gemologist, if more information is needed you are welcome to contact them directly: Westfield Jewelry Appraisers | info@westfieldjewelryappraisers.com. Gemological Laboratory of America | info@gemlabamerica.com. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations throughout the world. Items should not be purchased with the expectation to resell for appraisal price or for profit.
Right to refuse bid
Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder.
The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and reoffer and resell an item in dispute, is conclusive, absolute and final.
Reserves
Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold agreed upon by the consignor and Government Auction. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed.
Breach of Sale
If the buyer fails to pay in full with good cleared funds or fails to comply with the Terms and Conditions of the Sale as set forth herein, Government Auction reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to Government Auction by law:
a) Hold the defaulting buyer liable for the full purchase amount due.
b) Cancel the sale.
c) Forbid the buyer from participating in any future auction.
Cancelling a winning bid
If a winning bid is cancelled for any reason and the winning bidder wishes to back out, a 7% fee will be charged to the winning bidder to cover the costs associated with listing and the non-performer may be blocked from future bidding.
Liability
In no event will the liability of Government Auction to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
