Garth's Auctions Conditions of Sale
Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. If you need to know fine points of condition, please call or email for a condition report. It is the Buyer's responsibility to request condition reports. Failure to request a condition report waives the Buyer's rights to rescind a sale based on the condition of an item. We would prefer you examine the items on which you are going to bid.
GUARANTEE: Garth's Auctions, Inc. continues to be committed to providing thorough descriptions that reflect our belief in service through honesty, integrity and attention to detail. Garth's Auctions, Inc. guarantees the authenticity of origin as stated in the first bold line of the catalog description, with the exception of amendments by any oral or written notices or announcements at the time of the auction. "Origin" is defined as the creator, period, culture, or source, as set forth in the first bold line of a lot in the catalog.
Exclusions Notwithstanding any other provision of these Terms of Guarantee, Garth's Auctions, Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Garth's does not guarantee any object created before 1500AD. Regarding all jewelry, all weights, sizes, grades, and metal content(s) are approximate. Regarding colored stones: purchasers are reminded that colored stones and diamonds may be enhanced by using one or more techniques, including but not limited to: clarity enhancements, resins, and heat treatment. Garth's makes no warranty express or implied to the buyer as to whether a natural stone has been enhanced.
Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, express or implied. Each and every lot is sold "as is".
BUYING FOR OUR ACCOUNT: The owners and employees of Garth's Auctions, Inc. never have, nor ever will buy any item at our auction for ourselves.
LIABILITY: Garth's Auctions, Inc. guarantees the authenticity of origin of a lot, as stated above, for a period of twenty-one days from the date of the auction and only to the original purchaser of record at the auction. If it is determined to Garth's Auctions, Inc.'s satisfaction that the first bold line is incorrect, the sale will be rescinded provided the lot is returned to Garth's Auctions, Inc. in the same condition in which it was at the time of the auction. It is also Garth's Auctions, Inc.'s policy to have the purchaser obtain, at the purchaser's expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Garth's Auctions, Inc. and the purchaser, before Garth's Auctions, Inc. determines whether to rescind the sale under the above guarantee.
The purchaser's sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Garth's Auctions, Inc. accepts no liability of any kind for an item after the gavel has fallen.
WITHDRAWN LOTS: Garth's Auction, Inc. reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property.
SUCCESSFUL BIDDERS: The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot.
DISPUTED AND REJECTED BIDS: The auctioneer reserves the right to re-open the bidding on the disputed lot. The auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item's worth. In the event of discrepancies, sale room records take precedence regarding hammer price and the winning bidder. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet absentee bid. For example: The internet absentee was bid in an increment by the live auction provider which had you bidding $200, so the next bid was to the floor at $225 (since this was your top bid) the live auction provider could not bid $250 for you, so it sold to the floor. In short, you were off the increment. This is not controllable (or avoidable) in any way by the live auction house as we do not know what your absentee bid amounts are.
ESTIMATES & RESERVES: Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Garth's Auctions, Inc. The reserve will not be higher than the low estimate.
CONDITION REPORTS: Absentee bidders should call or email for an updated condition report. This report supersedes the catalog description. Condition reports are uploaded to our website throughout the days preceding the auction. It is the Buyer's responsibility to request a condition report. Failure to request a condition report prior to auction will represent the Buyer's acceptance of our "as-is" policy, with no remedy for issues related to condition of the property as sold. We can answer questions until 24 hours before the start of the first session.
ABSENTEE BIDS: Garth's Auctions, Inc. accepts absentee bids including internet bids, live auction internet bids and telephone bids. There is a $50 minimum on all absentee bids. These bids are executed competitively. All absentee items are purchased as inexpensively as possible. Although our absentee bidding system is 100% honest, it is not foolproof and Garth's Auctions, Inc. is not responsible for failing to execute any absentee bids. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet absentee bid. For example: The internet absentee was bid in an increment by the live auction provider which had you bidding $200, so the next bid was to the floor at $225 (since this was your top bid) the live auction provider could not bid $250 for you, so it sold to the floor. In short, you were off the increment. This is not controllable (or avoidable) in any way by the live auction house as we do not know what your absentee bid amounts are.
BUYERS PREMIUM: A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium (for bids made in person, or absentee bids placed through garths.com, or by phone, fax or email) is 20% of the successful bid price of each lot up to and including $250,000, and 12.5% on any amount in excess of $250,000. Note* Buyer's Premium for all bidding through garthslive.com, invaluable.com or any other online bidding service is 25% of the successful bid price of each lot up to and including $250,000, and 17.5% on any amount in excess of $250,000.
SALES TAX: Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Garth's Auctions, Inc. before any exemption can be made. Ohio residents will be charged 6.75%, unless exempt.
PAYMENT: We do not accept Paypal. Invoices will be emailed to the successful bidder within three business days of the auction. YOUR PAYMENT IS DUE UPON RECEIPT OF YOUR INVOICE. Due to the uncontrollable nature of the delivery of email, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If we do not receive your payment within ten (10) business days of the auction, Garth's reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. Garth's Auctions, Inc. accepts cash (in-house only), personal and certified checks, wire transfer or VISA, MasterCard and DISCOVER as payment for items purchased. Items may not leave the premises until payment is made and checks have cleared. A fee of $50 will be assessed on all returned checks. There will be a late fee of one and one half (1 1/2) percent per month with a minimum of $10 on all invoices not paid within 28 days after the auction. You are responsible for paying in US DOLLAR currency. We will charge you for any differences and any conversion fees if not paid in US DOLLARS. Garth's reserves the right to take possession of any items not paid within 28 days, for re-sale, at bidder's expense. You will be responsible for any difference between net selling price and original invoice, including storage fees. Bad debts will be reported to appropriate credit agencies.
STORAGE: Garth's Auctions, Inc. requires that purchased items must be removed from the premises within 15 days of the auction unless other arrangements have been made. A notice of 24 hours must be given before items are picked up. Garth's Auctions, Inc. reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Garth's Auctions, Inc., be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk.
FIREARMS: Garth's Auctions, Inc. follows all Federal Firearms Regulations.
ACCEPTANCE OF TERMS: Bidding on any item indicates the bidder's acceptance of the terms and conditions of Garth's Auctions, Inc.'s policy. We would like to thank you for your interest and participation.
OTHER INFORMATION FOR OUR CUSTOMERS
CONSIGNMENTS: Garth's Auctions, Inc. will assist you by selling one item, a collection or an entire estate. For consignment inquiries and appointments call one of our representatives: Jeff Jeffers, Amelia Jeffers, Steve Bemiller, Andrew Richmond, Shane Hall or Bryan Roberts. Garth's Auctions, Inc. is also licensed to sell real estate in the state of Ohio and many other states. Please call for more information.
TRUSTS AND ESTATES: Garth's Auctions, Inc. often works with bankers, trust officers, lawyers and others with the responsibility for dispersing estates. We will work with you and your representative to discuss you estate planning needs.
APPRAISALS: Garth's Auctions, Inc. provides an appraisal service for insurance, estate tax, family division or other purposes.
Garth's Auctions Shipping and Storage
SHIPPING: Clients are invited to either pick-up purchased items at our auction location during regular business hours or have items shipped. If we are able to ship your purchase a charge for packing and shipping will be included on your invoice. We will also provide you with a list of third party shippers, which you may use if you choose or if you purchase something that Garth's is not able to ship. All international clients will be referred to our third party shippers list as we only ship within the United States. Purchasers utilizing third party shipping services will be charged by the company selected for packing, handling, postage and insurance. Garth's Auctions, Inc. is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. If a client declines insurance on a shipment Garth's will be unable to issue any type of refund for damage to items purchased. Your winning bid will not be canceled, rescinded, or retracted due to any shipping limitation, including international shipping issues. It is your responsibility to resolve shipping issues PRIOR to bidding in this (or any other) auction. If you plan to pick up your items, please let Garth's know as soon as possible, so that we can have them accessible.
*Note: Regarding the shipment of firearms: please be aware that many restrictions apply to the international shipment of firearms, antique or otherwise. Ivory cannot be shipped outside of the USA.
STORAGE: Due to limited storage space for sold items, Garth's Auctions, Inc. requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. A notice of 24 hours must be given before items are picked up. Garth's Auctions, Inc. reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Garth's Auctions, Inc., be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk.
