Terms and Conditions
TERMS AND CONDITIONS
Julien's Auctions guarantees the authenticity of Attribution of
property listed in the catalogue or online as stated in the
Terms of Guarantee. Except for the Limited Warranty
contained in the terms of guarantee all property is sold "As
Is". We make no warranties, nor does the consignor, as to the
merchantability or fitness for a particular purpose, the correctness
of the catalogue or other description of the physical
condition, size, quality, rarity, importance, medium, provenance,
exhibitions, literature or historical relevance of any
property. No oral or written statements made in the catalogue,
online listing, advertisement, bill of sale, and
announcement or elsewhere made by employees (including
affiliated and related companies) shall be considered a
warranty. We and the Consignor make no representations and
warranties, express or implied, as to whether the purchaser
acquires any copyrights, including but not limited to, any
reproduction rights of any property. We and the Consignor
are not responsible for errors and omissions in the catalogue,
online listings or any other supplemental material.
It is the responsibility of prospective bidders of live auctions
to inspect the property before bidding to determine its
condition, size, and to determine if it has been repaired or
restored.
A buyer's premium will be added to the successful bid price
and is payable by the purchaser as part of the total purchase
price. I acknowledge and agree that a 20% Buyer's Premium
will be added to the hammer price on individual lots $50,000
and higher, and a 25% Buyer's Premium on all individual lots
of $0 - $49,999 which I am the successful bidder. In addition,
there will be an additional 3% buyer's premium charged for
any lots won online. This is regardless of affiliation with any
group or organization. I further acknowledge that I am
responsible to pay Julien's Auctions the aggregate of the
hammer price and the Buyer's Premium for such lot(s). All
invoices must be paid within 10 calendar days after the close
of the auction. I authorize Julien's Auctions to charge my
credit card listed provided at registration for all items
purchased at this auction, and any future Julien's Auctions I
may participate in, if not paid in full within 10 calendar days
after the close of the auction.
Payments: Julien's Auctions will invoice only for the property
(including buyer's premium). Payments for winning lots
should be made to Julien's Auctions, PO Box 691789, West
Hollywood, CA 90069. We accept wire transfer, cashiers
check or personal check, American Express, MasterCard and
Visa. California and New York residents will be charged sales
tax. All property picked up in California will be charged local
sales tax.
Shipping: Buyer pays all shipping costs. Rockin Boxes takes
Visa, Mastercard and Check. Rockin Boxes does not accept
wire transfers or American Express. Please allow 2-4 weeks
for a shipping quote after receipt of your proof of payment
from Julien's for your lot(s), and 2-12 weeks from receipt of
payment for delivery of each lot dependent on the destination
and mode of shipment. Rockin Boxes will not ship
USPS. There will be no exceptions. Timescales and charges
can be discussed with Rockin Boxes prior to the sale. The
buyer is responsible for all fees including duties, taxes, VAT,
customs and other charges for lots shipped. All property must
be shipped at the winning bidder's expense. After the buyer
has paid for their item(s) through Julien's, they must contact
Rockin Boxes at 818-994-0052 or Email: info@rockinboxesglobal.
com to pay and coordinate shipping. Paid items may
be picked up in Los Angeles after the auction at Rockin
Boxes by contacting a Rockin Boxes associate at the above
phone number and/or email to coordinate. Pickup fees will
be $45.00 for up to three lots, $10.00 for each additional lot.
After 12 weeks, a $8.00 per day fee PER LOT will be
assessed by Rockin Boxes to cover storage and Insurance
for items not picked up. This fee also applies to items that
will be shipped by Rockin Boxes. On all local deliveries (within
15 miles) Rockin Boxes will charge $55.00 per hour (for one
man delivery) $90.00 per hour (for two man delivery) with a 2
hour minimum per job, to be coordinated with Rockin Boxes.
There is no insurance available for local deliveries. The buyer
agrees that Julien's Auctions will not be responsible for shipping
of the property after the auction and they will deal
directly with Rockin Boxes in Los Angeles.
Bids will not be accepted from those persons under the age
of eighteen (18) without written consent of said persons parent
or legal guardian. Written consent must acknowledge the
terms and conditions of sale. This written consent constitutes
an agreement to be bound thereby on behalf of the bidder.
Bidder registration is required for all persons wishing to bid
live and online for Julien's Auctions. Any person registering
for the auction in person or online will complete a registration
or bid sheet.
All items are offered subject to a reserve. The reserve is the
confidential minimum price acceptable to the Consignor. During
a live auction the auctioneer may open any lot by bidding
on behalf of the Consignor and may bid up to the amount of
the reserve, by placing successive or consecutive bids for a
lot or bids in response to other bidders. Online sales may do
the same by employing the use of a starting bid which will
commence bidding at or below the reserve price agreed to by
the Consignor.
Julien's reserves the right to withdraw any property before
the sale and will have no liability for doing so.
We reserve the right to accept or decline any bid. Bids must
be for an entire lot and each lot constitutes a separate sale.
All bids are per lot unless otherwise announced at a live sale
by the auctioneer. Live auction lots will be sold in their numbered
sequence unless the Auctioneer directs otherwise. It is
unlawful and illegal for Bidders to collude, pool, or agree with
another Bidder to pay less than the fair value for lot(s). Bidders
participating in both live and online auctions acknowledge
that the law provides for substantial penalties in the
form of treble damages and attorneys' fees and costs for
those who violate these provisions. For live auctions the auctioneer
will have final discretion in the event that any dispute
should arise between bidders. The auctioneer will determine
the successful bidder, cancel the sale, or re-offer and resell
the lot or lots in dispute. Julien's will have final discretion to
resolve any disputes arising after the sale and in online
auctions. If any dispute arises our sale record is conclusive.
Julien's will execute order or absentee bids, and accept
telephone bids as a courtesy to clients who are unable to
attend the live auctions. Therefore we take no responsibility
for any errors or omissions in connection with this service.
Subject to fulfillment of all of the conditions set forth herein,
on the fall of the auctioneer's hammer, title to the offered lot
will pass to the highest bidder acknowledged by the auctioneer,
and such bidder thereupon (a) assumes full risk and
responsibility (including without limitation, liability for or
damage to frames or glass covering prints, paintings,
photos, or other works), and (b) will immediately pay the full
purchase price or such part as we may require. In addition to
other remedies available to us by law, we reserve the right to
impose from the date of sale a late charge of 1 ½% per month
of the total purchase price if payment is not made in accordance
with the conditions set forth herein. All property must
be removed from either our premises by the purchaser at his
expense not later than 10 business days following its sale and
if it is not so removed, (i) a handling charge of 1% of the total
purchase price per month from the tenth day after the sale
until its removal will be payable to us by the purchaser, with
a minimum of 5% of the total purchase price for any property
not so removed within 60 days after the sale, and (ii) we
may send the purchased property to a public warehouse for
the account, at the risk and expense of the purchaser.
If any applicable conditions herein are not complied with the
purchaser will be in default and in addition to any and all other
remedies available to us and the Consignor by law, including,
without limitation, the right to hold the purchaser liable for
the total purchase price, including all fees, charges and
expenses more fully set forth herein, we, at our option, may
(a) cancel the sale of that, or any other lots sold to the defaulting
purchaser at the same or any other auction, retaining
as liquidated damages all payments made by the purchaser,
or (b) resell the purchased property, whether at public auction
or by private sale, or (c) effect any combination thereof.
In any case, the purchaser will be liable for any deficiency,
any and all costs, handling charges, late charges, expenses
of both sales, our commissions on both sales at our regular
rates, legal fees and expenses, collection fees and incidental
damages. We may, in our sole discretion, apply any proceeds
of sale then due or thereafter becoming due to the purchaser
from us or any affiliated company, or any payment made by
the purchaser to us or any affiliated company, where or not
intended to reduce the purchaser's obligations with respect
to the unpaid lot or lots, to the deficiency and any other
amounts due to us or any affiliated companies. In addition, a
defaulting purchaser will be deemed to have granted and
assigned to us and our affiliated companies, a continuing
security interest of first priority in any property or money of
our owing to such purchaser in our possession or in the
possession of any of our affiliated companies, and we may
retain and apply such property or money as collateral security
for the obligations due to us or to any affiliated company
of ours. Payment will not be deemed to have been made in
full until we have collected good funds. In the event the
purchaser fails to pay any or all of the total purchase price
for any lot and Julien's elects to pay the Consignor any portion
of the sale proceeds, the purchaser acknowledges that
Julien's shall have all of the rights of the Consignor to pursue
the purchaser for any amounts paid to the Consignor,
whether at law, in equity, or under these Conditions of Sale.
Under no circumstance will Julien's incur liability to a purchaser
in excess of the purchase price actually paid.
The terms and conditions of sale herein described shall be
enforced in accordance with, and governed by the laws of
the State of California. Bidder acknowledges and agrees that
the courts of the State of California shall have exclusive
jurisdiction over any dispute(s). Bidder (in person, by agent,
order bid, telephone, internet or by other means) agrees that
any dispute arising shall be litigated exclusively in the courts
of the State of California. Further, venue shall be in the
Superior Court of Los Angeles County, in the state of
California.
TERMS OF GUARANTEE
"Attribution" is defined by Julien's as the creator, period,
culture, source of origin, as the case may be as set forth in the
Bold Type Heading of a lot in a live auction catalogue or the
lot Title of an online auction, as amended by any oral or
written salesroom notices and announcements or online
notices and announcements. We make no warranties to
information not contained in an online lot heading or information
not contained in the Bold Type Heading of any live
auction catalogue subject to the exclusions listed below.
Julien's warrants the "Attribution", as defined above and
subject to the exclusions listed below, of a lot for a period of
five years from the date of sale and only to the original
purchaser on record at the auction. If it is determined to our
satisfaction that the "Attribution" is incorrect, the sale will be
rescinded if the lot is returned to the Julien's Auctions
warehouse facility in the same condition in which it was at
the time of sale. In order to satisfy Julien's that the "Attribution"
of a lot is indeed incorrect we reserve the right to
require the purchaser to obtain, at the purchaser's expense,
the opinion of two experts in the field, mutually acceptable
to Julien's and the purchaser, before we agree to rescind the
sale under the warranty. This warranty is not assignable and
applies only to the original purchaser on record with Julien's.
This warranty does not transfer to any subsequent owners of
any purchased property (this includes without limitation,
heirs, successors, beneficiaries or assigns).
Should a sale be rescinded and the purchase price paid (final
successful bid price, plus the buyer's premium), it is specifically
understood that this will be considered the sole remedy.
It is exclusive and in lieu of any other remedy available as a
matter of law, or in equity.
Exclusions will be made and this warranty does not apply to
"Attribution" which on the date of sale was in accordance
with the then generally accepted opinion of scholars and
specialists, or the identification of periods or dates of execution
which may be proven inaccurate by means of scientific
processes not generally accepted for use until after publication
of the catalogue or listing online, or which were
unreasonably expensive or impractical to employ.
