Conditions of Sale:
Definitions
In these conditions, Dickins Auctioneers Ltd - who act as auctioneers and agents for the vendor - are called 'The Auctioneers' and the representative of Dickins Auctioneers Ltd conducting the Auction is called 'The Auctioneer'.
General
Whilst Dickins Auctioneers Ltd do make every effort to ensure the accuracy of their catalogue and the description of any lot:
a) Each lot as set out in the catalogue or as divided or combined with any other lot, or lots, is sold by the vendor with all faults, imperfections and errors of descriptions.
b) Dickins Auctioneers Ltd do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the vendor so to certify and in such cases the auctioneers do so as agents for the vendor and are not themselves responsible for such claims
c) All Statements, whether printed in the catalogue or made orally as to any of the matters set out in b. above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Dickins Auctioneers Ltd, unless they have been instructed in writing by the vendor so to certify, and in such cases Dickins Auctioneers Ltd do so as agents of the vendor and are themselves not responsible for such claims.
d) Any claim under any Statute must be received in writing by the auctioneer within ten days of the sale.
The Auction
I. The auctioneer has the absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving reason or without previous notice. He/she may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the auctioneers discretion.
II. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he/she has absolute discretion to settle it or re-offer the lot. The auctioneer may at his/her sole discretion determine the advances or bidding or refuse a bid
III. Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the auctioneer)
IV. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
V.
Inspection
Each buyer by making a bid for a lot acknowledges that he/she has satisfied him/herself fully before bidding by inspection or otherwise as to all sale terms and conditions and physical condition and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
Property and Risk
Legal title will not pass to the buyer until the lot(s) have been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer
Purchase Price
The purchaser of any lot shall pay the hammer price plus a premium (together with VAT) on the premium at the appropriate rate and on the hammer price at the appropriate rate if applicable on that lot. Lots marked with a * are subject to a 20% VAT on hammer price as well as the buyers premium. The premium shall be calculated at 17.5 % + VAT (minimum of £1 per lot plus VAT). The premium is to be paid by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer. The vendor authorises the auctioneer to deduct commission and expenses form the hammer price and to retain the premium payable by the purchaser.
Lots purchased online with Live Auctioneers, Invaluable / Artfact / AuctionZip Live or ATG media will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
In completing the bidder registration on www.the-saleroom.com and Invaluable / Artfact / AuctionZip Live and providing your credit card details and unless alternative arrangements are agreed with Dickins Auctioneers Ltd. you (i) authorise Dickins Auctioneers Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and (ii) confirm that you are authorised to provide these credit card details to Dickins Auctioneers Ltd. through www.the-saleroom.com and agree that Dickins Auctioneers Ltd. are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale
Droit de Suite
Certain works of art within our sales may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. Under this legislation, we are required to collect a royalty payment for all qualifying works of art. This royalty will be charged to the buyer on the hammer price and in addition to the buyers premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society ('DACS') and no handling costs or additional fees are retained by the auctioneers. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk
Third Party Liability
Every person on Dickins Auctioneers ltd premises at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against Dickins Auctioneers Ltd, its employees or agents in respect of accident which may occur, or injury, damage or loss however caused, save in so far as the injury damage or loss shall be caused by the direct negligence of Dickins Auctioneers Ltd. employees.
Information for Buyers:
Buyers Premium & Payment
17.5 % + VAT, up to £30,000.00 From £30,001 £12% + VAT. Minimum Buyers' Premium £1 +VAT payment by cash, cheque, credit/debit cards (up to card limit) or by prior arrangement for larger amounts.
Lots purchased online with Live Auctioneers , Invaluable / Artfact/ AuctionZip Live or with ATG media (The-saleroom.com) will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Our preferred payment method is by bank / wire transfer, (all costs associated with bank transfers must be met by the purchaser )however, we also accept payment by cash, credit and debit cards. Please note there is a 2.5% surcharge payable on all credit card transactions, however, there is no surcharge on debit card transactions ( unless paying with an overseas debit card). Please note that ' card holder not present transactions' (i.e payments over the telephone) are limited to a maximum of £500 per transaction, unless prior arrangement has been made with the auctioneers office or the goods will be collected in person by the cardholder.
Droite de Suite
Certain works of art within our sales may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. Under this legislation, we are required to collect a royalty payment for all qualifying works of art. This royalty will be charged to the buyer on the hammer price and in addition to the buyers premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society ('DACS') and no handling costs or additional fees are retained by the auctioneers. Resale royalties are not subject to VAT.Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk
VAT
Value Added Tax (VAT) at the current rate is payable on the buyers premium in all cases. Please see conditions for information whereby VAT is also payable on the hammer price.
Condition Reports
It is recommended that prospective purchasers view the sale, however where this is not possible, we can provide a condition report without charge or obligation. If reference is not given to the condition of any lot within the catalogue, this does not imply that the lot is without faults or imperfections. All statements regarding condition reports (whether printed, made orally or given in e-mail) are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Dickins Auctioneers Ltd. unless they have been instructed in writing by the seller to so certify.
Estimates
Estimates are prepared in advance of the sale and do not include the buyers Premium (or VAT when this is paid on the hammer price). These are purely intended as a guide to prospective purchaser.
Registration
It is essential that all attending buyers obtain a purchaser number by registering at the clerk's desk. Where possible, please register to bid prior to the sale commencing.
Bidding
Please make your bids clear to the auctioneer and if successful ensure that your purchaser number can be seen and that it is called out by the auctioneer. If there is any doubt about either the price or the buyer, this should be brought to the auctioneer's attention immediately. The speed of each sale varies but for guidance these run at approximately 120 lots per hour, General auction may run at approx. 200 lots per hour
Bidding By Proxy
Should you be unable to attend the sale, we will be pleased to make commission bids on your behalf or take bids over the telephone.
Lots purchased online with Live Auctioneers, Invaluable / Artfact / AuctionZip Live and ATG media will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Payment
Payment for lots purchased must be received in full within 48 hours of the sale. Items cannot be removed from the premises until payment has been cleared
Clearance
Dickins Auctioneers Ltd ask that items be removed promptly from the premises following the sale. If this is not possible please contact the auctioneers office as limited storage is available at the purchasers risk. Please note if storage arrangements are not made with the auctioneers office Dickins Auctioneers Ltd reserve the right to levy a handling charge of £10 if items are not removed from the premises by 12 noon on the Wednesday following the sale and thereafter will be charged £2 per lot, per day. Should the items still remain after 14 days, the items will be re offered in the next available auction in order to recover costs.
Postage & Delivery
Dickins Auctioneers Ltd will be happy to pack and post small purchases at the buyers expense or alternatively recommend specialist shippers.
Collection by a third party
If a third party is to collect goods on behalf of a buyer, formal written authority and identification will be required before the goods can be released.
Firearms
Firearms cannot be released without production of the necessary firearms certificate.
Endangered Species
Buyers are reminded that the sale of endangered species of fauna and flora are regulated under to convention on Trade in Endangered Species of Wile Fauna and Flora (CITES
Condition of lots
Terms & Conditions:
PAYMENT AND BIDDER AGREEMENT
ALL PAYMENTS NEED TO BE SETTLED IMMEDIATELY AFTER THE AUCTION. KINDLY PROVIDE A VALID PHONE NUMBER FOR BID GLOBAL INTERNATIONAL AUCTIONEERS TO CONTACT YOU AFTER YOUR WINNING BID.
The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions, subject to any terms and conditions of, on which lots listed in the online catalogue shall be offered for sale or sold by BID GLOBAL INTERNATIONAL AUCTIONEERS ("BGIA"). PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO BIDDING. Any BGIA auction is conducted under these terms and conditions and applicable state, federal and local law. Any person participating or registering for a BGIA auction agrees to be bound by and accepts these terms and conditions. BGIA herein refers to and includes, the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction supersede the terms of this Payment and Bidder Agreement for such auction.
THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST BGIA. YOU SHOULD REVIEW SECTION 12 CAREFULLY PRIOR TO BIDDING ON ANY LOTS.
BY BIDDING, THE BIDDER AGREES TO BGIA'S SHIPPING AND HANDLING POLICY AND OTHER CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER FURTHER AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVES RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM.
TERMS AND CONDITIONS OF SALE
1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of BGIA, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. BGIA believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. BGIA attempts to catalogue every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalogue or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from BGIA that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and there are no assurances that any of the items being sold have been seized. All pictures of loose diamonds displayed are generic, bidders should always refer to the respective certification for clearer details of the diamonds.
2. Neither BGIA nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and BGIA makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region.. The terms Estimate or Estimated Value (collectively "Estimate") as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a BGIA auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs.
3. In no event shall BGIA's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall BGIA have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of BGIA.
4. The successful bidder is the highest bidder acknowledged by BGIA. In the event of any dispute between bidders, or in the event of doubt on BGIA's part as to the validity of any bid, the BGIA will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, BGIA's sale record is conclusive. While BGIA makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, BGIA reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by BGIA through the internet, telephone, facsimile, or e-mail. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. If you desire to qualify as a qualified dealer, please contact one of our dealer development specialists to receive an application. Approval as a qualified dealer is at the sole discretion of BGIA and requires a bank approved line of credit that is reviewed and approved by a dealer development specialist at BGIA.
5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid.
6. All bids are subject to (i) a non-refundable 20 % buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled "Shipping and Handling" below (collectively, the "Purchase Price"). For all residents of Arizona or shipments to Arizona, applicable sales tax will be added to your invoice. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax.
7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by BGIA. In the event that any reserve price of a lot is not exceeded by any bidder's bid, BGIA, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of BGIA and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by BGIA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancellable by bidder. BGIA has final discretion on sale of a lot. The decisions of BGIA are final. In the unlikely event that we lose our internet connection, BGIA reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
8. PAYMENT: We accept BANK WIRE ONLY. Wire Details are as follows:
Beneficiary's Name: BID GLOBAL INTERNATIONAL AUCTIONEERS
Address: 11445 E.VIA LINDA #2314 SCOTTSDALE ARIZONA 85259
Country: USA
Account #: 613821532
Beneficiary's Bank Details Name: CHASE BANK ADDRESS: 14875 E.SHEA BLVD FOUNTAIN HILLS ARIZONA 85259
COUNTRY: USA
SWIFT CODE: CHASUS33 (international wire)
ABA : 021272723 ( USA wire only)
For items purchased online, you will be emailed an invoice immediately after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact BGIA at +1(201)981-3763 (Julian Turobiner) or email BGIA at julianbidglobal@gmail.com if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, BGIA reserves the right to hold all purchases until the check has cleared to the satisfaction of BGIA and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF IN ITS SOLE DISCRETION BGIA AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID.
9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY BGIA, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY BGIA. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION.
10. BGIA reserves the right to reject any bid at any time and at his sole discretion. BGIA additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. BGIA reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
11. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfilment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to 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, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of BGIA and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to BGIA or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which BGIA, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. In the event that such a buyer pays a portion of the Purchase Price for any or all lots purchased, BGIA shall apply the payment received to such lot or lots that BGIA, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. 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. Furthermore, in the event that a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion.
12. BGIA, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. BGIA shall act to protect the reserve by bidding in the auction process if needed. BGIA may open bidding on any lot below the reserve by placing its own bid. BGIA may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
13. If any dispute occurs between a bidder and BGIA that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Arizona. BGIA shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an BGIA auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with BGIA. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay BGIA a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of BGIA's approval of the application of the bidder to bid in BGIA's auction, bidder confesses judgment to fraud having been committed by bidder against BGIA and further agrees that bidder is liable to BGIA for all damages, losses and costs, including time charges, resulting.
14. The bidder hereby waives, releases, remises, acquits, and forever discharges BGIA and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. BGIA or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding.
15. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions.
16. These terms and conditions, the contents of any listing and the contractual relationship between BGIA and any bidder shall be interpreted under and governed by the laws of the State of Arizona.
**IMPORTANT - PLEASE READ**
AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY BGIA, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 15% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 9 HEREIN.
SHIPPING & HANDLING
All shipping arrangements will be handled by BGIA except for vehicles which will require pick up from the location of sale or other arrangements as may be agreed to by BGIA. Shipping & Handling Fees will be included on your invoice. All shipping arrangements will be handled by BGIA. Shipping & Handling Fees will be included on your invoice. Once paid, BGIA will usually ship within 15-20 business days. IMPORTANT- YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING; HOWEVER, SOME ITEMS MAY BE SHIPPED TO YOU IN THE SAME MAILING PACKAGE (Small items, Cards, Coins and $12.95, If item is over $500.00, we will add $1.00 for each $100 of the winning bid. Items over $1,000.00 will ship 2 day air. Will Call not allowed. INSURANCE INCLUDED IN ABOVE PRICES. ALL SHIPPING AND HANDLING PRICES, MAY BE AMENDED FROM TIME TO TIME. ALL ITEMS MUST BE SHIPPED BY BGIA. WILL CALL IS NOT AVAILABLE AS WE DO NOT KEEP ANY INVENTORY AT OUR OFFICES DUE TO SECURITY CONCERNS. ALL ORDER FULFILLMENT TAKES PLACE AT A DIFFERENT SECURE LOCATION AND AS A RESULT WE ARE UNABLE TO ALLOW ITEMS TO BE PICKED UP. WE ARE NOT RESPONSIBLE FOR ADDITIONAL FEES INCLUDING BUT NOT LIMITED TO VAT DUTIES, BROKER FEES, AND OTHER IMPORT FEES
NOTICES & DISCLAIMERS REGARDING SPECIFIC ITEM TYPES
Regarding Appraised Jewelry, Watches and Loose Stones -
BGIA sends most jewelry, watches, accessories and loose stones out to a third-party for appraisals. All such lots are sold AS IS and may have been worn, been previously repaired, altered, customized (including having been modified with after-market stones or had the bezel changed in its entirety on certain jewelry or watches), or been embellished. For purposes of our actions, the terms custom, modified, or after-market may be used interchangeably. Such wear, repair or changes may display varying levels of evidence. The bidder hereby acknowledges that the absence of any reference to the condition of a lot does not imply the absence of wear, repairs, customization, or defects. While BGIA makes every effort to call to the attention of bidders the use of after-market parts in jewelry and watches sold, the use of such parts or stones shall not constitute a warranty or representation that the items are original in their entirety. These modifications, customizations, and alterations may impair the ability of the original manufacturer to repair such item or certify the item as authentic
All descriptions and statements related to such lots, including measurement, authorship, source or origin, or other aspects are qualified opines and do not constitute a warranty or representation, and are provided for identification purposes only.
Not all Jewelry, watches or loose stones are appraised and the appraisals are provided for bidders only in certain instances at the discretion of BGIA. Our appraisals are conducted by independent third-party appraisal firms. Such firms may be certified GIA Gemologists or have education in the industry or alternative certifications. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value for resale or insurance purposes. Appraisal value should be not considered for actual value, as price varies greatly from retail locations and other merchants in different geographic locations. All Items auctioned by BGIA should not be purchased with a view or expectation toward resale for appraisal price given, or to make a profit. The ultimate value for which an item can be resold may vary drastically from the appraisals listed by BGIA.
All dimensions and weights of such lots are approximate and are consistent with standards and practices in the industry. Condition reports are provided as a service to prospective bidders. Bidders should note that such descriptions are not warranties and that watches may need general service, change of battery or further repair work for which the buyer is solely responsible. Certain watch bands from protected species of animals (i.e. alligator, crocodile) and items made of ivory and tortoise may be subject to restrictions in certain countries.
Regarding Coins & Currency -
No material certified by third-parties may be returned to BGIA because of a possible difference of opinion with respect to the grade offered by such third-party organization, dealer, or service. No guarantee of grade is offered for uncertified lots sold and then subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy.
Any coins sold referencing a third-party grading service as sold AS IS without any express or implied warranty. Notes sold referencing a third-party grading service are sold AS IS without any express or implied warranty. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services may differ with that of BGIA. BGIA shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading services. Third-party graded notes are not returnable for any reason whatsoever.
Due to changing grading standards over time, differing interpretations and to possible mishandling of items by subsequent owners, BGIA reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. BGIA also reserves the right to grade items differently than the grades shown in the prior catalogue should such items be reconsigned or reoffered in any future auction.
Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science and various third-party grading services, or even different employees from the same grading service may grade the same lot differently. Bidder fully understands and is aware of such potential inconsistencies and is bidding with such knowledge.
Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some lots there may be no active market at all at certain points in time.
Bidders are advised that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause damage. Caution should be used to avoid storage in materials that are not inert.
Regarding Stamps and Philatelic Items
No stamps or philatelic items may be returned because of a possible differences of opinion with respect to the grade offered by any third-party organization, dealer or service. No guarantee of grade is offered for ungraded items sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy.
Multiple stamp or philatelic lots, including sets, collections, large lots, and small group lots, whether certified or not, are sold AS IS without warranty of any kind. There are absolutely no exceptions to this policy.
Any stamps and philatelic items referencing a third-party certification or grading service are sold AS IS. Bidder shall solely rely upon warranties of the authentication provider issuing the certificate or opinion. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services may differ with that of BGIA. BGIA shall not be bound by any prior or subsequent opinion, determination or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading service.
In the event BGIA cannot deliver the lot or subsequently it is established that the lot lacks title, or other transfer or condition issues is claimed, BGIA's liability shall be limited to the rescission of sale and refund of the Purchase Price; in no case shall BGIA's maximum liability exceed the high bid on the lot, which shall be deemed for all purposes the value of the lot. After one year has elapsed from the close of the sale, BGIA's maximum liability shall be limited to any commissions and fees BGIA earned on the lot.
The grading of stamps and philatelic items is a matter of opinion, an art and not a science, and therefore the opinion rendered by BGIA or any third-party grading service may not agree with the opinion of others (including trained experts).
Please email us at julianbidglobal@gmail.com with any specific questions.
ALL PAYMENTS NEED TO BE SETTLED IMMEDIATELY AFTER THE AUCTION. KINDLY PROVIDE A VALID PHONE NUMBER FOR BID GLOBAL INTERNATIONAL AUCTIONEERS TO CONTACT YOU AFTER YOUR WINNING BID.
Shipping Terms:
Auction House will ship, at Buyer's expense
