Terms and Conditions of Sale
CONDITIONS OF SALE & PRIVACY POLICY:
The following Conditions of Sale and Terms of Guarantee are Rail and Road LLC.
By participating in any sale, you acknowledge that you are bound by these Conditions of Sale and Terms of Guarantee.
First Time Bidders. For verification purposes, Bidders who have not participated in an Auction may be required to submit a copy of their (A) official government-issued identification (driver's license / passport / state identification card) and (B) credit card. Copies of such documents may be submitted in person or by email RARauctions@gmail.com . These requests may be made at the sole discretion of Rail and Road Auctions. Failure to respond to this request may inhibit your ability to register.
Credit Card Authorization. We (and/or our third-party payment processor) may verify credit card information in order to register. To verify your card, we will charge a hold to the card. After the card is verified, we will immediately refund the card . Your card issuer will credit your card balance within thirty (30) days from the date of the refund. In the event you add or replace a credit card, we may also verify such new or replacement credit card.
1. As Is
Artwork auctioned are often of some age. The authenticity of the Authorship (as defined below) of property listed in the auction catalog is guaranteed as stated in the Terms of Guarantee. All property is sold "AS IS" without any representations or warranties by us or the Consignor. We and the Consignor make no representations and warranties, express or implied. The original artist retain any and all copyrights, including but not limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the catalog. Rail and Road will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.
2.Inspection
Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored.
3 Buyer's Premium
A buyer's premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 19% of the hammer price.
4.Withdrawal
Rail and Road reserves the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
5.Registration
In order to bid, you must first register on the Invaluable website. Rail and Road reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale.
6. Bidding
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Rail and Road is not responsible for any errors in bidding. We reserve the right to reject any bid. Rail and Road LLC has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
7. Bids Below Reserve
If you place a bid below the reserve of the article offered, you will be informed by a message on the screen that the reserve is not met. You will then be able to place a higher bid if you wish to do so. No bidder can successfully win the lot below the reserve.
8. Record of Sale
The record of sale kept by Rail and Road will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Rail and Road, the record of sale will govern.
Successful bidders will be notified and invoiced by Rail and Road after the sale.
9. Purchaser's Responsibility
Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Rail and Road has received the full purchase price in cleared funds. The purchaser's obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Rail and Road is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser's unconditional obligation to pay the full purchase price.
10. Reserve
Unless otherwise indicated, all lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold.
11. Tax
Unless exempted by law, the purchaser will be required to pay Indiana sales tax of 7% if they are an Indiana resident, are physically present and bidding in Indiana during the sale, or if they choose to pick up their item in the state of Indiana.
12. Governing Law and Jurisdiction
These Conditions of Sale and Terms of Guarantee, as well as bidders', the purchaser's and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Indiana.
13. Packing and Shipping
We are not responsible for the acts or omissions in our packing or shipping of purchased lots or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser.
14. Limitation of Liability
Rail and Road will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Invaluable's Online Platform software by either Rail and Road or the client; (ii) a breakdown or problem with Invaluable's Online Platform software; or (iii) a breakdown or problem with a client's Internet connection, mobile network or computer.
15. Artists Copyright
All works consigned to this auction are copyright of their respective artist. No transfer of copyright is stated or implied by the change of ownership of the physical work.
16. Credit Card Chargebacks
Registered bidders (i) agree that they will not, under any circumstances, initiate a chargeback, and (ii) agree that they are waiving any chargeback rights that may exist under the agreement between the bidder and the bidder's credit card company. Should a chargeback be initiated, the agreement to these terms and conditions will be conclusive evidence of the bidder's waiver of any chargeback rights. If a chargeback is successful, the buyer remains liable for the purchase price (including any buyer's premium), plus costs of collection and attorneys' fees.
AFTER THE AUCTION
Payment
If your bid is successful, your invoice will be e-mailed to you. The final price is determined by adding the buyer's premium to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full immediately after the sale. Please note that Rail and Road will not accept payments for purchased lots from any party other than the purchaser.
Payment by Cash.
Rail and Road will not accept cash payments for a sale larger than $5,000 USD. It is the policy of Rail and Road to request any new clients or purchasers preferring to make a cash payment to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver's license), confirmation of permanent address and identification of the source of the funds.
Payment by Credit Cards
Rail and Road accepts payment by credit card for Visa, MasterCard, and American Express only. Credit card payments may not exceed $5,000 per sale.
Payment by Check
Rail and Road accepts personal, certified, banker's draft and cashier's checks drawn in US Dollars (made payable to Rail and Road). While personal and company checks are accepted, property will not be released until such checks have cleared, unless you have a letter of guarantee from your bank. If you need additional information, please contact us.
Payment by Wire Transfer
To pay for a purchase by wire transfer, please contact us at 765-764-3400
Once your payment has been received and cleared, property may be released. Unless otherwise agreed by Rail and Road, all purchases must be removed by the 30th calendar day following a sale.
