Terms & Conditions
These Terms & Conditions, amended by any published notice, whether posted, printed, or verbal, constitute the entire Terms & Conditions on which items in this sale will be offered and/or sold by Oakridge Auction Gallery, Inc. on behalf of any consignor of such items for whom we act as agent. By bidding at this auction, you are expressly agreeing to these Terms & Conditions. Further, by bidding you become party to a negotiation, and expressly agree that in the event that you are the high bidder, and the item or lot of items is declared sold, a contract for sale and purchase is created under the laws of the Commonwealth of Virginia.
BIDDING: All bidders are required to register to bid, and receive a paddle number prior to bidding. As part of the bidder registration process, each bidder must attest that they have received, read, and understand these BIDDER TERMS & CONDITIONS. If you have any questions regarding these BIDDER TERMS & CONDITIONS, please ask during the registration process. By bidding at this auction, a bidder is creating a contract, enforceable under the laws of Loudoun County, in the State of Virginia, United States of America. Bidding on an item will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS, and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether or not such agency is disclosed, and whether or not the identity of the Principal is disclosed, may be jointly and severally liable along with the Principal, under any contract created by the acceptance of a bid. The Auctioneer has the authority to accept or reject any and all bids. All bidding is in terms of United States Currency. The Auctioneer determines who the high bidder is. In the event of a "tie-bid", the Auctioneer may re-open the item between the tie bidders. The Auctioneer's decisions are final.
BUYER'S PREMIUM: A 23% Buyer's Premium will be charged on all purchases. If your invoice is paid within the 10-day payment period, we offer a 3% discount on the Buyer's Premium for purchasers who pay by Cash, Cashier's Check, or Wire Transfer. Buyer will be responsible for additional premiums (commissions and processing fees) on successful bids placed through third-party, online bidding websites.
SALES TAX: 6% Sales Tax will be collected on all sales made and delivered within the state of Virginia, from Oakridge Auction Gallery, Inc., located in Loudoun County, Virginia. The State of Virginia Department of Revenue's Rules require that Sales Tax be charged on the total invoice price including Buyer's Premium. The buyer will be responsible for any out of state sales tax due on items shipped. Buyers purchasing items for Resale, or Tax Exempt Bidders, are required to provide a current Resale Certificate, or Tax Exempt Certificate, prior to each Auction, so that invoices can be calculated correctly. Sales Tax cannot be removed from an invoice for items purchased in person, picked up in person or shipped within the State of Virginia, without a current Resale or Tax Exempt Certificate.
NO WARRANTY: All items are sold "As-is, Where-is" with no warranty express or implied. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction to determine condition, authenticity, and/or usefulness. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted. All sales are final.
DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. Any statement written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture, source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item are statements of opinion and not representations or warranties. No employee, agent, or auctioneer of Oakridge Auction Gallery, Inc. is authorized to make any representation or warranty on behalf of Oakridge Auction Gallery, Inc. or on behalf of the consignor regarding any item.
LANGUAGE: The language spoken at Oakridge Auction Gallery is American English. In many cases however, we do try to accommodate the spoken language(s) of our bidders. Although Oakridge Auction Gallery may in certain cases have an employee or employees who speak other languages, Oakridge Auction Gallery, Inc. is not responsible for errors or damages caused by language, including misinterpretations, or incorrect pronunciation. By registering to bid and bidding at our auctions, you attest that you assume full responsibility for all communication, and will secure the services of an interpreter if necessary.
NO REFUNDS: Oakridge Auction Gallery, Inc. does not give refunds. Oakridge Auction Gallery, in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or lot, you are representing that you or your agent have examined the item as fully as you desire, and are specifically waiving any rights to rescind your final bid after the item or lot is declared sold, or to rescind the contract created as a result of the auction sale.
IDENTIFICATION: A government issued photo ID or Passport is required at the time of registration. All Bidder Registrations by mail or email must be accompanied by a copy of the photo ID or Passport. No Bidder Registration Form will be processed without an accompanying ID or Passport.
CREDIT CARD PRE-AUTHORIZATION: All bidders are required to submit a credit card for a pre-authorization of $3,000, in United States Currency. If you do not wish to provide a Credit Card for deposit, please email accounting@oakridgeauctiongallery.com, or call +1-703-291-1010, Extension 202, for Wire Transfer instructions. In the event that you are a successful purchaser at the auction, your Wire Transfer deposit will be applied to your invoice total. If your Wire Transfer deposit is more than your invoice total, any overage will be refunded to you. In the event that you are not a successful purchaser at the auction, your complete Wire Transfer deposit will be refunded to you.
PAYMENT: All invoices must be paid in full within 10 days of the auction. Acceptable forms of payment will be: Cash in United States Currency, Visa, MasterCard, Discover, PayPal, Wire Transfer, or Cashier's Check. Items paid for by Cashier's Check will be held by Oakridge Auction Gallery, Inc. for 10 banking days before being released to the purchaser or shipping company. Oakridge Auction Gallery, Inc. reserves the right to charge and collect an additional 3% of payments made by credit card. ALL items invoiced to a bidder must be paid for in full prior to the bidder receiving ANY of the items purchased. The purchaser grants Oakridge Auction Gallery, Inc. and the consignor(s) a security interest in the property purchased. Oakridge Auction Gallery, Inc. may retain as collateral security for the purchaser's obligations to us, all items identified on the purchaser's invoice(s), along with any payment(s) received from the purchaser, and any other item(s) Oakridge Auction Gallery, Inc. may possess, belonging to the purchaser, until such time that the purchaser's obligations for payment to Oakridge Auction Gallery, Inc. are satisfied. Oakridge Auction Gallery, Inc. and the consigner(s) retain all rights as a secured party under the laws of the State of Virginia By registering and Bidding at this auction, you agree that if on the eleventh (11th) day following the sale, your invoice(s) found to be unpaid, that the payment is late, and you specifically authorize Oakridge Auction Gallery, Inc. to charge the credit card that you used as a registration deposit, in a single transaction or in multiple transactions, until the balance owed to Oakridge Auction Gallery, Inc. is paid in full, at the full Buyer's Premium rate, regardless of any arrangement made to pay otherwise. Any invoice remaining open after 60 days, will be charged interest at a rate of 0.5% per month beginning on the 61st day.
REMEDIES FOR NON-PAYMENT OR NON-COMPLIANCE: Oakridge Auction Gallery, Inc., and the consignor(s) reserve the right to use any and all remedies for non-payment or for non-compliance with these Terms & Conditions, afforded to us by law. In addition to any such remedy or remedies available to us, including without limitation, the right to hold the purchaser liable for the purchase price, Oakridge Auction Gallery, Inc. may at its sole discretion and option: (a) compel specific performance and hold the purchaser liable for the full invoice price, (b) cancel the sale, retaining all payments made by the purchaser as liquidated damages and not as a penalty, or (c) resell any item or lot of items by public or private sale and hold the purchaser liable for all damages, including the difference between the invoice amount and the bid price realized when the item(s) are resold, all costs for resale, including our commission at our customary rate, and other damages incurred, including storage costs, sale expenses, and attorney fees.
REPORTING OF CASH PAYMENTS: In order to comply with the United States, Internal Revenue Service (IRS) and the United States Financial Crimes Enforcement Network (Fin CEN) rules, Oakridge Auction Gallery, Inc. will file a Form 8300 to report all transactions or related transactions that involve the receipt of Cash or a combination of Cash and a Cashier's Check, where the total of the Cash or Combination of Cash and Cashier's Check(s) received in the transaction or related transactions is in excess of $10,000.00. Wire Transfers and Credit Card payments are not considered Cash Transactions. Oakridge Auction Gallery, Inc. is not required to report:
1) Non-Cash transactions such as Wire Transfers and Credit Card payments,
2) Cash and/or Cashier's Check Transactions of $10,000.00 or less, or
3) transactions where a Cashier's Check is received in excess of $10,000.00 and Cash received in the same transaction or related transactions is $10,000.00 or less.
If, based on your method of payment, reporting it required, by registering for and bidding at this auction, you agree to assist Oakridge Auction Gallery, Inc. fulfill their reporting requirement by accurately completing Fin CEN Form 8300 and providing your Taxpayer Identification Number. If you are a nonresident alien individual or a foreign organization that:
1) does not have income effectively connected with the conduct of a United States trade or business,
2) does not have an office or place of business or a fiscal or paying agent in the United States,
3) does not file a United States Federal Income Tax Return,
4) does not furnish a United States Withholding Certificate,
5) does not furnish a Taxpayer Identification Number on any return, statement, or other documents as required by the United States Income Tax Regulations, or
6)if as an individual you have not chosen to file a joint United States Federal Income Tax Return with a spouse who is a United States Citizen or Resident,
then you are not required to provide a Taxpayer Identification Number. However, the transaction must still be reported on Form 8300, the address must be that of the foreign address, and a government-issued identification must be provided, such as a Passport.
REGISTRATION: Registration is required in order to bid at any Oakridge Auction Gallery, Inc. Auction. This registration includes your name, address, phone number, email address, a government issued Identification such as a Passport or Driver's License, and your signature. Your photo may also be taken as part of the registration process. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. By registering to bid you agree to be added to our email list. You have the option to opt-out after you receive the first email. To register to bid as an in-person bidder, or as a live online bidder, simply fill out our Bidder Registration Form at our customer service desk during or before the exhibition, or you may register by submitting the Bidder Registration Form, along with a copy or photograph of your government-issued ID or Passport, at http://www.oakridgeauctiongallery.com/bidder-forms.html. After your registration is processed, our staff will provide you with a bidder number paddle. This paddle allows you to bid at the auction for which you are registered. You must register for each auction in which you would like to bid. To register as an absentee bidder or as a telephone bidder, fill out the Absentee/Telephone Bidder Registration Form at our customer service desk during or before the exhibition, or you may register by filling out the Absentee/Telephone Bidder Registration Form at http://www.oakridgeauctiongallery.com/bidder-forms.html, and submit it, along with a copy of your government-issued ID or Passport. After your registration is processed, our staff will provide you with a bidder number paddle. If you do not wish to provide a Credit Card deposit, please email accounting@oakridgeauctiongallery.com, or call +1-703-291-1010, Extension 202, for Wire Transfer and PayPal deposit instructions.
STANDARD BID INCREMENTS: All biding, including absentee, online, and phone bidding, will follow the established standard bid increments outlined below. All attempts will be made to strictly follow the Standard Bid Increments. However, the auctioneer reserves the right to deviate from the Standard Bid Increment, as necessary.
If the Bid amount is: The Standard Bid Increment is:
Less than $200 $10/$20/$25
$200 - $500 $25/$50
$500 - $1,000 $50/$100
$1,000 - $2,000 $100/$250
$2,000 - $5,000 $250/$500
$5,000 - $10,000 $500/$1,000
$10,000 - $20,000 $1,000/$2,500
$20,000 - $50,000 $2,500/$5,000
$50,000 - $100,000 $5,000 /$10,000 $100,000 - $200,000 $10,000
$200,000 or more at Auctioneer's discretion
CUT BIDS: The Auctioneer may accept or reject a Cut Bid at their sole discretion. There will be at the most, one Cut Bid accepted per item. A Cut Bid will drop the Bid Increment to the next lower Standard Bid Increment. Bidding will continue at the new lower Bid Increment, with increases in the Bid Increment at one rung lower than the Standard Bid Increment. The Auctioneer will not accept "Quarter" Cut Bids.
CUT BID EXAMPLE: If the current bid is at $3,000, following the Standard Bid Increments, the bid being sought would be $3,500. If the auctioneer sees no offer at $3,500, they may lower the asking bid to $3,250, still within the standard bid increment. If there is no offer at $3,250, the auctioneer may entertain a cut bid of $3,100, and bidding would continue at $100 increments until the bid reaches $5,000. Upon reaching $5,000, the Bid Increment would increase to $250, until the bid reaches $10,000. At $10,000, the Bid increment would increase to $500, and so forth.
RESERVE: All items are subject to a reserve or minimum bid, unless otherwise stipulated. The reserve is the lowest amount the seller is willing to accept for the item or lot. Oakridge Auction Gallery, Inc. personnel, or the auctioneer, will bid on behalf of the seller up to the reserve. The reserve will never be higher than the low auction estimate.
IN-PERSON BIDDING: All bidders must register for each auction, before bidding at Oakridge Auction Gallery. To register to bid, fill out our Bidder Registration Form at our customer service desk during or before the exhibition, or on auction day. You may also register by submitting the Bidder Registration Form, along with a copy or photograph of your government issued ID or Passport, at http://www.oakridgeauctiongallery.com/bidder-forms.html. After your registration is processed, our staff will provide you with a bidder number paddle. This paddle allows you to bid at the auction for which you are registered. You must register for each auction in which you would like to bid. To bid, simply raise your bidder paddle.
LIVE ONLINE BIDDING: You may bid at our auctions, utilizing the following online bidding services:
LiveAuctioneers.com
Invaluable.com
Once you register with the online bidding service of your choice, we will contact you to complete our Bidder Registration Form. To expedite this process, you may submit the Bidder Registration Form, along with a copy or photograph of your government issued ID or Passport, at http://www.oakridgeauctiongallery.com/bidder-forms.html. Once the registration process is complete, you may then bid online at the auction for which you have registered. You must register for each auction in which you would like to bid. If using an online bidding service, a bidder must in addition to accepting and following the TERMS & CONDITIONS herein outlined, accept and follow the Terms & Conditions set forth by the online bidding service. Following the close of the auction, bidders will receive an invoice for their winning bids, including Buyer's Premium, any commissions or processing fees, and Sales Tax, due and payable immediately. Oakridge Auction Gallery, Inc. assumes no liability for damages incurred by the failure or disruption of online services.
PRE-BIDDING: Pre-bidding may be available through online bidding services. Pre-bidding is subject to the same TERMS & CONDITIONS as those set forth for Online Bidding.
ABSENTEE BIDDING: If you cannot be present at an auction to bid in person, and do not wish to bid Live Online, or as a Telephone Bidder, you may still participate at the auction by participating as an absentee bidder. To participate as an absentee bidder, you must register prior to the day of the auction by filling out the Absentee/Telephone Bidder Registration Form at our customer service desk during or before the exhibition, or you may register by submitting the Absentee/Telephone Bidder Registration Form, along with a copy or photograph of your government issued ID or Passport at http://www.oakridgeauctiongallery.com/bidder-forms.html. After your registration is processed, our staff will provide you with a bidder number paddle. This paddle will allow a proxy bidder from our staff to bid on your behalf up to the maximum bid that you indicated on your Absentee/Telephone Bidder Supplement Form(s), at the auction for which you are registered. You must register for each auction in which you would like to bid. Bidding on an item will be considered sufficient evidence that an Absentee Bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. In the event of a tie bid between an Absentee Bidder and a bidder who is actively bidding, whether in-person, on the telephone, or online, the actively bidding bidder will prevail. When submitting an Absentee Bid, the bid amount should be the highest amount that you are willing to bid prior to the addition of the Buyer's Premium or Sales Tax. A proxy bidder will actually bid on the item in open and competitive bidding, with the goal of purchasing the item on your behalf at the lowest possible bid. Therefore, the final bid on an item may be less than the amount of your bid. Maximum bids on your Absentee/Telephone Bidder Supplement Form(s) must be represented in U.S. Dollar amounts, following the standard bid increment table described herein. "Buy" bids will not be accepted. By registering and bidding as an absentee bidder, you attest that you understand that the buyer's premium and sales tax, herein outlined will be in addition to your successful high bid, and will be added to your successful high bid on your invoice. The opening bid on an item with absentee bids shall be: 1) in the case of 3 or more absentee bids, the median bid lowered to the standard bid increment, 2) in the case of 2 absentee bids, the lower of the 2 bids lowered to the standard bid increment, 3) in the case of 1 absentee bid, one-half of that bid lowered to the standard bid increment, and 4) in the case of a lot with a reserve, the reserve amount (if the absentee bid is equal to or higher than the reserve). However, in no case will the opening bid be lower than one half of the low auction estimate.
TELEPHONE BIDDING: If you cannot be present at an auction to bid in person, and do not wish to bid Live Online, you may still participate at the auction by participating as a telephone bidder. To participate as a telephone bidder, you must register prior to the day of the auction by filling out the Absentee/Telephone Bidder Registration Form at our customer service desk during or before the exhibition, or you may register by submitting the Absentee/Telephone Bidder Registration Form, along with a copy of your government issued ID or Passport at http://www.oakridgeauctiongallery.com/bidder-forms.html. After your registration is processed, our staff will provide you with a bidder number paddle. During the auction, one of our Telephone Bidding Clerks will attempt to telephone you at the telephone number that you have given us on the Absentee/Telephone Bidder Registration Form, prior to the lot(s) you have indicated on your Absentee/Telephone Bidder Supplement Form being sold. Our Telephone Bidding Clerk will bid on your behalf, as you instruct them by telephone, using your bidder number paddle, at the auction for which you are registered. You must register for each auction in which you would like to bid. By registering and bidding as a telephone bidder, you affirm that Oakridge Auction Gallery, Inc. is not responsible for failures in telecommunication services, dropped calls, or issues with call quality, nor for human error, omission, or oversight. Further, you hold Oakridge Auction Gallery, Inc., its employees, its agents, and the auctioneer(s) harmless for any damages that might arise from any such failure. Further, you attest that understand that if you are not available to receive the telephone call from Oakridge Auction Gallery, Inc. on the day of the auction, your bids will not be represented. Telephone calls from Oakridge Auction Gallery, Inc. may come from various telephone numbers and various area codes. However, if we are unable to reach you by telephone, and you have also entered a Maximum Bid on the Supplement to this Registration Form, you authorize Oakridge Auction Gallery to bid on your behalf up to that maximum bid, under the same rules that apply to absentee bidders.
ITEM PICKUP: All items are to be picked up by the buyer on the day of the sale, or at a time pre-arranged with Oakridge Auction Gallery, Inc., after full payment of the invoice. It is the purchaser's responsibility to arrange with the Oakridge Auction Gallery, Inc. in advance if an item must be picked up at another time. Items purchased online, will be shipped at the purchaser's expense.
SHIPPING: Costs associated with the shipping and handling of an item is the responsibility of the purchaser. If the purchaser is not picking up directly from Oakridge Auction Gallery, they must select a shipper to pack and ship the items. Oakridge Auction Gallery, Inc. does not recommend any particular shipper and is not liable for any damage or loss due to negligence of a third-party shipping company. We will provide a list of local shippers with the paid-in-full invoice. You will have to coordinate and handle all shipping details. Items must be shipped within 2 weeks of payment. Items remaining in our gallery will be subject to storage fees of no less than $50 and not to exceed $200 per month. All storage fees must be paid before shippers are allowed to pick up items. Shippers must schedule their pick-up times with Oakridge Auction Gallery to ensure availability of staff onsite and must provide a copy of the paid-in-full invoice. Shippers will sign a copy of the invoice and indicate any damage or imperfection seen on the item at time of pick-up. Any items remaining 60 days following the payment date will be considered abandoned property, and subject to resale or disposal with no refund.
REMOVAL OF LOTS FROM A SALE: Oakridge Auction Gallery, Inc. will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale, or items must be combined into lots. Oakridge Auction Gallery, Inc. assumes no liability for damages incurred by the removal of an item from a sale or from lotting items together.
AUCTION ESTIMATES: Any Auction Estimate is only an approximation of what Oakridge Auction Gallery, Inc. believes the item could bring at Auction, based on its experience, and sales data from similar items. Auction Estimates are NOT Appraisals, and are not to be used as the value of an item. Auction estimates are subject to revision.
RECORDING: At Oakridge Auction Gallery, Inc., all auctions are recorded for accuracy. In addition to an audio and/or video recording of the auction sale, still photos, video, and audio recording may occur throughout the Oakridge Auction Gallery, Inc. facility, including the gallery room, reception area, the sale room, the cashier's station, and for your protection, a photo may be taken at registration.
LIMITATION OF LIABILITY: By Bidding, the Bidder agrees to hold Oakridge Auction Gallery, Inc., its employees and associates, and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Oakridge Auction Gallery, Inc., its employees and associates, and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". OAKRIDGE AUCTION GALLERY, INC. NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE:
(1) MERCHANTABILITY, FITNESS, OR CONDITION OF AN ITEM, OR
(2) AS TO THE CORRECTNESS OF THE DESCRIPTION OF ANY ITEM, GENUINENESS OF AN ITEM, ATTRIBUTION TO A PARTICULAR ARTIST OR AUTHOR, PROVENANCE, OR PERIOD OF THE ITEM, OR
(3) AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ITEMS PURCHASED, OR
(4) AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS, ROYALTIES, OR OTHER RESIDUAL RIGHTS OF THE ARTIST.
THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL OAKRIDGE AUCTION GALLERY, INC., ITS EMPLOYEES, AGENTS, AND/OR AUCTIONEERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE.
SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, except Oakridge Auction Gallery, Inc. is permitted to bid on behalf of the seller, up to the amount of a reserve.
EMPLOYEES & ASSOCIATES: Employees and associates of Oakridge Auction Gallery, Inc. are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party.
VENUE: By bidding at this auction whether in person or by agent, absentee bid, online, by telephone bid, or other means, the bidder agrees that the contract created by these conditions of sale is made and performed in Loudoun County, in the State of Virginia. Any dispute arising from this Auction will be resolved in, and under the laws of Loudoun County, Virginia.
SEVERABILITY: Oakridge Auction Gallery, Inc. and the Bidder agree that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid.
