Aquired Auctions Terms & Conditions
Terms and Conditions of Sale:
By submitting your bid, you agree that:
You have read and agree with the Auctioneer Terms and Conditions below and the Invaluable Terms of Use Agreement; Buyers premium is 23%. You agree to pay all applicable taxes, shipping and customs cost.
Acquired Estate & Art Auctions - Terms and Conditions
Special Note: Payment must be received within 3 days. Acquired Estate & Art Auctions will file a Dispute if payment is not received within 5 days regardless of payment arrangements. Shipping is the responsibility of the buyer. As a courtesy to our customers, Acquired Estate & Art Auctions will transfer the items purchased to the shipper below only after payment has been received. At this point, the shipper will provide you with a shipping quote using multiple shippers. Quotes will not be provided prior to payment in full.
1. All property is sold as is, and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. Descriptions provided in the catalog format do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging unless noted otherwise in description all lots including noted descriptions will be sold "AS IS WHERE IS" and "WITHOUT ANY GUARANTEES". We do our best in giving full descriptions, however these are for guidance only. There are no warranties of authenticity as to Artist, period piece, or manufacturer of any item. Under no circumstance are returns accepted.
2. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Acquired Estate & Art Auctions below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Acquired Estate & Art Auctions will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
3. Except as provided in paragraph 2 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale.
4. All merchandise purchased must be paid for and removed from the premises the day of the auction unless purchased online or prior arrangements have been made. All online auction only purchases will be transfered to a local shipper and arrangements will be made by the buyer to have items shipped at the buyers expense, local purchases can be picked up at the local shippers location and there will be a $5.00 plus tax surcharge. The local buyers can make arrangements to have the items shipped if needed and must contact shipper to make arrangements. Acquired Estate & Art Auctions may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed by the purchaser within three (3) business days after the date of sale. Acquired Estate & Art Auctions shall have no liability for any damage to property left on its premises for more than three (3) days after the date of sale. At the option of Acquired Estate & Art Auctions, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. Acquired Estate & Art Auctions may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item not paid by the purchaser within thirty-five (35) days of the date of sale.
5. Acquired Estate & Art Auctions may dictate the type of payment required depending on the type of purchase. Personal checks will be acceptable only if credit has been established with Acquired Estate & Art Auctions or if a bank authorization has been received guaranteeing a personal check. Acquired Estate & Art Auctions reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Acquired Estate & Art Auctions a handling charge of $40.00 for any check dishonored by the drawee. Please contact Acquired Estate & Art Auctions for additional payment methods. Payment must be received within 10 business days of the auction or the purchaser is in breach of his/her obligations.
6. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Acquired Estate & Art Auctions may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. In no event will the liability of Acquired Estate & Art Auctions to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
8. All purchases are subject to the Florida 6% sales tax unless the purchaser possesses a sales tax exemption number and fills out the Florida Exempt Certificate. Exemption numbers from other states are accepted in FL if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Florida exemption number prior to the auction by contacting the Florida Department of State
9. Successful bidders will have a buyers premium equal to 18% of the final bid price.
10. Acquired Estate & Art Auctions and its consignors make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Acquired Estate & Art Auctions expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Acquired Estate & Art Auctions relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Acquired Estate & Art Auctions and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
11. These conditions of sale shall be governed by the laws of the State of Florida. The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Acquired Estate & Art Auctions in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of Florida or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
12. Shipping is the responsibility of the purchaser. Some property that is sold at auction can be subject to laws governing export from the U.S. Import restrictions from foreign countries are subject to these same governing laws. Licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
13. Unless other shipping arrangements are made, once payment has been received, Acquired Estate & Art Auctions will make shipping arrangements with shipper and payments will be made directly with them. If no shipper is selected at time of payment it will be at the discretion of Acquired Estate & Art Auction and you will be notified accordingly.
Special Note:
All online auction only purchases will be transferred to the local shipper and arrangements will be made by the buyer to have items shipped at the buyers expense.Local purchases can be picked up at the local shippers location and there will be a $5.00 plus tax surcharge. The local buyers can make arrangements to have the items picked up or shipped if needed and must contact shipper to make arrangements.
14. Appraisals or evaluations provided are solely for the convenience of the Bidder and Acquired Estate & Art Auction makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item, the item's insurance replacement value, or both. No price estimate or appraisal value should be considered to represent the investment or resale value of the item. Such values are to be solely based on the due diligence evaluation of the Bidder.
Contract
If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Acquired Estate & Art Auctions may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
Condition
All property is sold as is, and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. Descriptions provided in the catalog format do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging unless noted otherwise in description all lots including noted descriptions will be sold "AS IS WHERE IS" and "WITHOUT ANY GUARANTEES". We do our best in giving full descriptions, however these are for guidance only. There are no warranties of authenticity as to Artist, period piece, or manufacturer of any item. Under no circumstance are returns accepted.
