Live bidding may start higher or lower
Buyer's Premium
$0 - 100,000:26.0%
$100,001 - 1,000,000:23.0%
$1,000,001+:18.0%
Bidding Increments
| From: | To: | Increment: |
|---|
| $0 | $199 | $10 |
| $200 | $499 | $25 |
| $500 | $999 | $50 |
| $1,000 | $4,999 | $100 |
| $5,000 | $9,999 | $250 |
| $10,000 | $19,999 | $500 |
| $20,000 | $49,999 | $1,000 |
| $50,000 | $499,999 | $5,000 |
| $500,000 | $999,999 | $10,000 |
| $1,000,000+ | | $50,000 |
Terms and Conditions
All property offered and sold through Elite Decorative Arts, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.
Elite Decorative Arts has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.
ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.
THERE WILL BE A 21% BUYERS PREMIUM APPLIED TO ALL SALES PLUS AN ADDITIONAL 5% FOR ONLINE BIDS WITH INVALUABLE OR AUCTIONZIP (26%). ALL DEALERS MUST PRESENT A FLORIDA RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR A 6% FLORIDA SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS.
In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within twenty-five (25) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. Inspection on the day of sale will be permitted only upon prearrangement with the COMPANY.
Elite Decorative Arts reserves the right to withdraw any property at any time before the fall of the hammer in its sole and exclusive discretion.
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects.
If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within seven (7) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (7) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale.
Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest.
No "buy" bids shall be accepted at any time for any purpose.
Any pre-sale bids must be left in writing with the Company prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid.
Elite Decorative Arts does not provide shipping services or shipping estimates. Clients are welcome to pick up their items from our location or make their own shipping arrangements. However, please be aware that items not picked up or shipped within thirty days following an auction will be repossessed by Elite Decorative Arts.
Condition Reports
The majority of property offered at Elite Decorative Arts comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition.
Payments
All property shall be paid for and removed by the purchaser at his/her expense within seven (7) days of sale. Credit cards will not be accepted for international buyers or any invoice over $5,000.
Shipping
Suggested Shippers: The UPS Store #5806, 561-752-4250, store5806@theupsstore.com -OR- Pakmail, 561-491-8800, pakmail703@yahoo.com -OR- Eagle Pack & Ship, 561-932-0700, logistics@eagleshippingcenter.com
Elite Decorative Arts takes no responsibility for any acts or omissions of any of these vendors. Elite Decorative Arts will not be liable in any way once items have left our premises. We suggest purchasing insurance for the full value of your item.
Elite Decorative Arts does not provide shipping services or shipping estimates. Clients are welcome to pick up their items from our location or make their own shipping arrangements. However, please be aware that items not picked up or shipped within thirty days following an auction will be repossessed by Elite Decorative Arts.
Prospective purchasers are advised that several countries and states prohibit the importation of property containing materials from endangered species, including but not limited to ivory, coral and tortoiseshell. Accordingly, prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import this lot into another country or state. For rules and regulations contact and review http://www.fws.gov/.
Buyer's Premium
The buyer's premium is 21% of the hammer price. All bids with Invaluable or Auctionzip will be charged an additional 5%. Applicable sales tax will also be added to the final total.
Sales Tax
Terms And Conditions
Real Estate Auctions
Notification: All Registered Bidders, associates and/or employees of
Companies who are acting as bidders on the Company's behalf, and all other
individuals in attendance and/or participating in this Auction in any way, either
live on site, by Proxy Bid, or by remote Internet Bidding on auctionzip.com agree
that they have read and understand these Terms and Conditions and further
agree that they will abide by all the Terms and Conditions of this Auction as
stated in this document. They further agree to be bound by any changes or
modifications to these Terms and Conditions which are documented either on
this web site, in writing at the Auction location, or announced verbally at the
auction site prior to the beginning of the Auction. They also agree that their
failure to be in attendance and to hear any verbal announcements made prior to
the Auction, either live on site or by any available Internet on-line bidding
opportunity conducted for the Auction, does not in any way reduce the rights of
the Seller or The Auction Group to enforce these terms and conditions. Bidders
attending without being present for previews or opening announcements waive
all rights to dispute and accept full financial responsibility for any bidding errors.
1. Contract For Sale, Deed, Certificate of Occupancy - All Real Estate
purchased at auction must use the CONTRACT FOR THE SALE OF
REAL ESTATE form furnished by USDA Rural Development and The
Auction Group, L.L.C. without exception. Any Purchaser agrees to this by
their registration to bid. No exceptions will be allowed. All properties will
be conveyed to the Purchaser by the Seller with a Quit Claim Deed. All
properties are subject to the Deed Restrictions placed on each property
by UDSA Rural Development. A copy of the Deed Restrictions for each
property is provided.
2. Buyer's Premium - A Buyer's Premium of five (5%) percent or
$2,500.00, whichever is greater, will be added to the High Bid Price to
determine the Final Contract Price. For Internet Bidders, the Buyer's
Premium will be six (6%) percent or $3,000.00, whichever is greater and
will be added to the High Bid Price to determine the Final Contract Price.
3. No Contingency Contracts Accepted - The sale of this property is noncontingent
on financing. Buyer agrees to provide the seller, on sale day,
verification of sufficient and available funds for the specified closing.
4. Closing Date - Closing must be within thirty (30) days of the auction. The
closing attorney's firm will be represented at the auction and all Closings
will be scheduled at the conclusion of the auction.
5. Closing Costs - The Seller will provide clear title via a Quit Claim Deed.
All other Closing Costs, including but not limited to Deed Stamps, are the
responsibility of the Purchaser.
6. Closing Attorney - The closings of all properties will be conducted by the
law firm Aun and McKay, PA of Irmo, SC. A copy of their fee structure is
available both on www.theauctiongroup.net and at the auction site. There
will be no exceptions to this. If a purchaser desires to employ a separate
attorney to review their closing documents, they may do so. However, the
actual closing will be performed by Aun and McKay. They will prepare all
closing documents and they will be due their full fees as shown.
7. Down Payment - A Non-Refundable Down Payment of ten (10%) percent
of the Final Contract Price with a minimum of Five Thousand ($5,000.00)
Dollars, whichever is greater will be due on the day of the Auction. If the
10% value is greater than $5,000.00, the balance due must be delivered
to The Auction Group, L.L.C. by 4:00 p.m. Eastern Daylight Time on
Tuesday October 6, 2015 to complete the total Down Payment due.
The Down Payment will not be refunded to the Buyer for any reason,
unless USDA is unable to provide a good Deed for the Property.
8. All Properties are Sold "As Is, Where Is, and With All Faults". No
Guarantees or Warranties of any kind are provided.
