Terms and Conditions
Any and all of the conditions may be waived or modified at the sole discretion of Trilogy Estate Auctions D/B/A
TERMS AND CONDITION OF AUCTION SALES:
"TRILOGY ESTATE AUCTIONS" D/B/A
The lots listed in our auction catalogue will be offered by TRILOGY ESTATE AUCTIONS, D/B/A as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at this auction you agree to be bound by these Conditions of Sale.
BEFORE THE SALE
Prospective buyers are strongly advised to examine these terms and conditions before the auction takes place..
All lots are sold "AS IS" and without recourse and neither Trilogy Estate Auctions, D/B/A nor its consignor(s) makes any warranties or representations, expressed or implied with respect to such lots. Neither Trilogy Estate Auctions, D/B/A or its consignor(s) makes any expressed or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue 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 catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Trilogy Estate Auctions, D/B/A and its consignor(s) make no warranty or representation, expressed or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Trilogy Estate Auctions, D/B/A expressly reserves the right to reproduce any image of the lots sold in the catalogue. Trilogy Estate Auctions D/B/A may require bank or other financial references prior to the sale.
INTERNET BIDS
Trilogy Estate Auctions D/B/A has engaged the services of a third party online bidding platform called Invaluables | Auction Zip. Please review Invaluable.com for all necessary information on how to bid and buy online using this system. The user of Invaluables indemnifies and holds Trilogy Estate Auction D/B/A and its consignors harmless against any claim arising out of or resulting from your use of the Invaluables site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Trilogy Estate Auctions D/B/A 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, this site. If you place absentee bids with the Trilogy Estate Auctions D/B/A and/or Invaluables or any other means, it is solely your responsibility to cancel these absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the property's purchase. 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.
AT THE SALE
Trilogy Estate Auctions, D/B/A has the right, at our complete discretion, to refuse participation in any auction and to reject any bid. 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, 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.
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 Trilogy Estate Auctions D/B/A before the commencement of the sale.
Absentee Bids for Online Auctions and for On Site Auctions
We will use reasonable efforts to enter written absentee bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at an 'on site' auction in person or an online auction, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
Live Telephone Bids for Online Auctions and for On Site Auctions
On lots with an estimate of $200 above and 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. These telephone bids may be recorded at the discretion of Trilogy Estate Auctions D/B/A
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. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Trilogy Estate Auctions D/B/A. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
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, Trilogy Estate Auction D/B/A. 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
Buyer's Premium for Online Auctions and On Site Auctions
In addition to the hammer price, the buyer agrees to pay Trilogy Estate Auctions D/B/A a buyer's premium and any applicable sales tax added to the final total.
ONLINE AUCTIONS
-The buyer's premium for all purchases made via ONLINE bidding is twenty-one (21%) of the hammer price
- The buyer's premium for all purchases made via OFFLINE (Phone and Absentee Bids) bidding is eighteen (18%) of the hammer price
ON SITE AUCTIONS
-The buyer's premium for all purchases for ON SITE Auctions is twenty-three (23%) of the hammer price
- The buyer's premium for all purchases made via OFFLINE (Phone and Absentee Bids) bidding is eighteen (18%) of the hammer price
Payment
The buyer must pay the entire amount due in U.S. dollars (including the hammer price, buyer's premium, all applicable taxes and other charges) by no later than 5 pm of the seventh (7th) business day following the sale.
Payment for ONLINE Auctions in U.S. dollars may be made with
bank check, cashier's check drawn on a U.S. bank, money order, M/C, VISA, DISCOVER or wire transfer unless other arrangements are made with Trilogy Estate Auctions D/B/A. Trilogy Estate Auctions D/B/A reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Trilogy Estate Auctions D/B/A a handling charge of $50 for any check dishonored by the drawee.
Payment for On Site auctions in U.S. dollars may be made with Cash, bank check or cashier's check drawn on a U.S. bank, money order, or M/C, VISA, DISCOVER or wire transfer unless other arrangements are made with Trilogy Estate Auctions D/B/A. Trilogy Estate Auctions D/B/A reserves ?the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Trilogy Estate Auctions D/B/A a handling charge of $50 for any check dishonored by the drawee.
Collecting Purchases
Once Trilogy Estate Auctions D/B/A has received all funds due to us, the buyer/shipper shall collect purchased lots within seven (7) business days from the date of the sale.
Packing and Shipping
Shipping is the responsibility of the buyer for ONLINE auctions. If your bid is successful, we can provide you with a list of shippers. Trilogy Estate Auctions D/B/A will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of certain purchased lots by us is at the entire risk of the purchaser, and Trilogy Estate Auctions D/B/A will have no liability of any loss or damage to such items.
Non-Payment
If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.
e.) to offset against any amount owed
f.) to not allow any bids at any upcoming auction by or on behalf of the buyer
g.) to take other action as we find necessary or appropriate
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, Trilogy Estate Auctions D/B/A reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Trilogy Estate Auctions D/B/A 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 a 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.
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, Trilogy Estate Auctions D/B/A 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 New York. 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 at the sole discretion of Trilogy Estate Auctions D/B/A
