Terms and Conditions
ANY CONDITION STATEMENT IS GIVEN AS A COURTESY TO A CLIENT, IS ONLY AN OPINION AND SHOULD NOT BE TREATED AS A STATEMENT OF FACT. V.O.A Gallery SHALL HAVE NO RESPONSIBILITY FOR ANY ERROR OR OMISSION. ALL BIDDERS ARE ENCOURAGED TO OBTAIN AS MUCH INFORMATION AS POSSIBLE ABOUT ANY ITEM ON WHICH THEY WISH TO BID, BY REQUESTING CONDITION REPORTS BY EMAIL, OR PREFERABLY, BY PERSONAL INSPECTION. ALL ITEMS ARE SOLD "AS IS" WITH NO GUARANTEES OR WARRANTIES STATED OR IMPLIED. IT IS THE RESPONSIBILITY OF THE BIDDER TO EXAMINE ALL MATERIAL PRIOR TO BIDDING. NO LOTS CAN BE RETURNED FOR A FULL OR PARTIAL REFUND.
BEFORE THE SALE
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request on lots with a low estimate of $300 and over. All lots are sold AS-IS and without recourse and neither V.O.A Gallery. nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither V.O.A Gallery nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. V.O.A Gallery. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. V.O.A Gallery expressly reserves the right to reproduce any image of the lots sold in this catalog.
AT THE SALE
Refusal of Admission - V.O.A Gallery has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and reject any bid.
Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references
Bidding as Principal - When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with V.O.A Gallery before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to V.O.A Gallery, and that V.O.A Gallery will only look to the principal for payment.
Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Telephone Bids - If a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold.
Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the V.O.A Gallery sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
HAMMER PRICE / BUYER'S PREMIUM
In addition to the hammer price, the buyer agrees to pay V.O.A Gallery a buyer's premium and the applicable sales tax added to the final total. The buyer premium is 22% of the hammer price for telephone and absentee bidders, and 26% for internet bidders.
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later then 5 p.m. on the fifth (5) business day following the sale. Payment in U.S. dollars may be made with cash; Wire transfer; bank check or cashier's check drawn on a U.S. bank unless other arrangements are made with V.O.A Gallery. V.O.A Gallery reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay V.O.A Gallery a handling charge of $50 for any check dishonored by the drawn.
Taxes - State and local taxes (9.00%) will be applied to all merchandise collected in person at Auctioneer's location. Buyer will be exempt from taxes if Buyer presents to Auctioneer a current resale license number or if merchandise is shipped directly out of California using a common carrier.
Collecting Purchases - Once V.O.A Gallery has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
Shipping -It is the buyer's responsibility to arrange shipping for purchased items. Buyers are responsible for shipment of merchandise including all packing, and customs fees. Auctioneer can provide a list of recommended independent shippers upon request, but does not accept responsibility of any agreements reached between Buyer and shippers, or any resulting loss, damage or delay resulting in the use of the shipper. If Buyer is required to arrange for their own shipment of merchandise, any and all liability of the Auctioneer is relinquished regardless of time item was paid for in full or how and/or when it was shipped or if merchandise has yet been received by Buyer. Once you have made shipping arrangements, you must submit a release form authorizing us to release your purchases to the shipper.
Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, V.O.A Gallery reserves the right to charge $5 per lot per day or to deliver property to a public warehouse for storage at the purchaser's expense. V.O.A Gallery shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.
LIABILITY
Condition Reports - V.O.A Gallery is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, V.O.A Gallery shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in California. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
Discretion - Any and all of the conditions may be waived or modified in the sole discretion of V.O.A Gallery.
SALE of SPECIFIC and/or RESTRICTED GOODS
No Guarantee of Authenticity for ALL Jewelry and Jade: Due to the fact that jade can be bleached and dyed among other techniques, V.O.A Gallery CANNOT GUARANTEE the authenticity of the COLOR, AGE, or QUALITY of any jade items sold. All Jewelry and Jade will be sold AS-IS, without any warranties. All sales are final in Jewelry and Jade purchases, NO RETURNS will be accepted. Judgment of such qualities is the sole discretion of the Buyer.
No Guarantee of Authenticity for Paintings: V.O.A Gallery CANNOT GUARANTEE any aspect of the Paintings sold including authenticity, origin, age, quality, medium or provenance.
Endangered Species and CITES Permits: V.O.A Gallery adheres to the California and Federal laws pertaining to the sale of items containing endangered or protected species, and WILL NOT ACCEPT LIABILITY of items that may include any material such as ivory, rhinoceros horn, tortoise shell, coral, endangered woods, and whalebone. In the event an item is found to contain any amount of these products, it is the SOLE RESPONSIBILITY OF THE BUYER to perform their due diligence and acknowledge any laws and regulations that apply to purchasing, importation and exportation laws.
