TERMS & CONDITIONS OF SALE
BERKELEY AUCTION GALLERY LLC
TERMS & CONDITIONS OF SALE
The terms and conditions of auction purchases ("Sale") are outlined here and are applicable to any and all sales made through Berkeley Auction Gallery ("Auctioneer"). This includes sales completed in person, online, or absentee/phone bid. All sales will be completed at the discretion of the Auctioneer and the Auctioneer reserves the right to cancel any sales and deny future transactions with any customer ("Buyer") if these terms are not met. All merchandise brought to sale by Auctioneer has been consigned by independent owners ("Consignor"). By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions.
BEFORE THE AUCTION SALE
All buyers are strongly advised to inspect all items before auction as all items are sold AS IS, WHERE IS. Although Auctioneer makes every effort to express accurate descriptions and commentary given to Buyers online, in Auctioneer's catalogue, marketing material or verbal interactions, Auctioneer makes no guarantee or warranty of any kind with respect to the physical condition, size, quality, rarity, medium and materials, age, authenticity, provenance, culture, source, or historic significance of any goods. Employees, consigners, or any other representative of Berkeley Auction Gallery are not authorized to provide written or verbal guarantees. Buyers must depend on their own review of the merchandise. All merchandise is sold AS IS, WHERE IS, regardless of condition, or additional review of merchandise gained after the sale.
ALL SALES ARE FINAL. ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY.
International Bidders: YOU ARE RESPONSIBLE FOR MEETING ALL CUSTOMS/IMPORT/EXPORT REGULATIONS. WE CANNOT BE HELD LIABLE FOR DOMESTIC OR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.
Absentee and Phone bids are accepted at the Auctioneer's discretion. Buyers registering for phone or absentee bids must do so before 6 p.m. the day prior to the auction. All phone or absentee bids must be submitted in writing a signed agreement of the terms by Buyer via fax, email, or online submission to Auctioneer to be accepted. Auctioneer will not be held responsible if unable to reach buyers wishing to bid by phone. Auctioneer shall not be held responsible or liable for absentee or phone bids that are missed or otherwise not executed. Cancellation of any phone or absentee bids must be submitted in writing and executed at least forty-eight (48) hours prior to the start of the auction.
Online Bids are accepted at the Auctioneer's discretion through LiveAuctioneers, Invaluable, 51BidLive, ArtFoxLive and EpaiLive. All buyers who register to bid online via LiveAuctioneers, Invaluable, 51BidLive, ArtFoxLive and EpaiLive, are also subject to approval by Auctioneers before registration is approved and must submit a signed agreement of the terms. Only those who submit for registration (24) hours prior to auction date will be guaranteed consideration for registration. All those submitting less than 24 hours before the start of an auction are only approved based on the discretion of the Auctioneer. Bidder Approval Forms required to be completed for online bidding consideration can be found on Auctioneer's website or contact us for a form to be sent via fax or email. The Buyer is responsible for all bids made on their LiveAuctioneers, Invaluable, 51BidLive, ArtFoxLive and EpaiLive account. All bids received via LiveAuctioneers, Invaluable, 51BidLive, ArtFoxLive and EpaiLive will be final.
Auctioneer and its employees shall not be held liable for any damages or injury to person or property sustained as a result from handling merchandise including, but not limited to lifting, moving, loading, or packaging of merchandise before or after the sale. Buyer is responsible for the packing, loading and removal of all merchandise.
DURING THE AUCTION SALE
The auctioneer is acting as agent only to the sale of merchandise and is not responsible for any actions of Consignors. Auctioneer reserve the right to withdraw any property at any time and to deny Buyer's participation during a sale for any reason. Auctioneer reserves the right to reject any bid or bar any person from the Auctioneer's premises. Upon the occurrence of a dispute during or after a sale, Auctioneer's decision will be final. All information regarding merchandise is subject to clarification, changes or disclaimer at the time the item is being auctioned and will be sold based on Auctioneer's verbal or written information at time of the Sale.
If a lot is offered subject to reserve (the confidential minimum price below which a lot will not be sold), we may implement such a reserve by bidding on behalf of the consignor. CONSIGNORS MAY NOT BID ON THEIR OWN PROPERTY.
All bids via phone, fax, email, or in person are final and binding regardless of Buyer's input errors. Auctioneer also does not accept liability for technology, website or internet failure, or unforeseen circumstances that may influence the execution of bids.
AFTER AUCTION SALE
The sale of a lot shall be to the highest bidder as determined by the auctioneer, in accord with these Terms of Sale. Title to the lot shall pass with the fall of the Auctioneer's hammer. Buyer shall pay the Purchase price, as defined above, and such other fees as may be due, in full, within seven (7) days of the auction sale. Sale is not final and property will not be released to Buyer until good funds for all amounts due, are received by Berkeley Auction Gallery.
BUYER'S PREMIUM
A Buyer's Premium of 26% is added to the winning bid price of each individual lot purchased. The winning bid price plus the premium constitute the total purchase price for the lot. Applicable sales taxes are computed based on this figure. This total becomes the final purchase price.
PAYMENT
Payment is due within seven (7) business days and may be made in: bank wire transfer; cashier's check; personal check with approved credit; or properly authorized Visa, MasterCard, American Express, or Discover Card for the amount no greater than $3,000 with 3% Credit Card Transaction Fee; Liveauctioneers online payment with processing fees. Processing Fee/Credit Card Transaction Fee is waived if paying with bank wire transfer or check. Make checks payable to Berkeley Auction Gallery. All fees, taxes, premiums, or other sums due and not paid pursuant to this paragraph shall bear interest at 1.5 % per month from the 7th day following the first invoice to the date paid in full.
Full payment includes hammer price, buyer's premium and all applicable taxes. All sales are final regardless of method of bidding or payment options. Auctioneer may, at their discretion, hold merchandise until check or wired funds clear bank account. If payment is not received within seven (7) business days of the sale, Auctioneer reserves the right to cancel sale and resell merchandise at a public or private sale. Failure to provide payment will result in revoking the Buyer's right to participate in future sales with Auctioneer.
TAXES
New Jersey state tax rate of 6.625% 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 New Jersey using a common carrier. If you have a valid resale certificate on file with the Auction house, this will exempt you from being charged the Sales tax. Please send your completed, valid Resale Certificates to: berkeleyauction@outlook.com.
SHIPPING
Berkeley Auction Gallery does not handle shipping or packaging. 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.
No property will be released until payment in full is made on the items. We are not responsible for any delays on the part of third party shippers. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the Purchaser and in case of damage, insurance claims should be taken up with the third-party carrier. Should any damage or loss occur to items transported by a third-party shipper, we will not be held responsible for the outcome. Once you have made shipping arrangements, you must submit a release form authorizing us to release your purchases to the shipper of by Auctioneer has been consigned by independent owners ("Consignor").
COLLECTION OF PROPERTY
All lots must be removed from our premises at the Purchaser's expense, no later than 30 days following the date of the sale. Purchaser will incur a $5 per day fee per lot until the sold property is removed. In addition, applicable interest on each lot not so removed will accrue. We reserve the right to transfer non-removed property to a storage facility at the Purchaser's risk and expense.
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, Berkeley Auction 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: Berkeley Auction Gallery CANNOT GUARANTEE any aspect of the Paintings sold including authenticity, origin, age, quality, medium or provenance.
Endangered Species and CITES Permits: Berkeley Auction Gallery adheres to the New Jersey 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 tortoise shell, coral, and endangered woods. 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.
Certain property sold at auction such as Huanghuali, Huali, tortoise shell, or coral, irrespective of age or value, may require a certificate or license before exportation and additional certificates or licenses upon importation to another country Berkeley Auction Gallery suggests that buyers check on their government import requirements before placing a bid. Please note that the ability to obtain an export certification or license does not ensure the ability to get an import certification or license in another country, and vice versa. It is the purchaser's responsibility to obtain any export or import certificates and/or licenses as well as any other required documentation. In the case of denial of any export or import license or of delay in the obtaining of such licenses, the purchaser is still responsible for making on-time payment of the total purchase price for the lot.
BUYER'S DEFAULT, CANCELATION OF SALE, RESCISSION
If a buyer fails to pay for purchased property, or otherwise does not comply with these Terms of Sale, the buyer shall be in default. In addition to all remedies available in law, to Berkeley Auction Gallery and to the Consignor, the buyer shall be liable for the entire Purchase price. Additionally, at our option, we may either cancel the sale and retain all payments made by buyer as well as retain any and all property of buyer in our possession as security against payment of the sums in default, or we may re-offer the property for sale, at auction or privately. Buyer shall be liable to us and the consignor for the additional fees, commissions and costs on both sales (including handling, storage and court costs and attorney's fees) resulting from the cancellation or resale of the property and in the event of resale, any deficiency which may result. At the discretion of Berkeley Auction Gallery and the consignor, we may relieve the buyer of liability by payment of the full amount of commissions.
BERKELEY AUCTION GALLERY RESERVE THE RIGHT TO WITHDRAW ANY PROPERTY BEFORE AND AFTER THE SALE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR WITHDRAWAL OF PROPERTY FOR ANY ISSUE REGARDING PURCHASED LOTS. BUYER MUST CONTACT MADISON SQUARE GALLERY WITHIN TWENTY DAYS OF THE AUCTION FOR ASSISTANCE WITH A PURCHASED LOT. MADISON SQUARE GALLERY CANNOT PROCESS ANY REQUEST ONCE CONSIGNOR HAS BEEN PAID OFF.
