Billings Auction Terms
BILLINGS AUCTION
Terms and Conditions
All property will be offered and sold by Billings as agent for the Consignor subject to the following terms and conditions:
The following Conditions of Sale are Billings' and the Consignor's agreement with the Buyer relative to the property listed in the auction catalog. The Conditions of Sale, the glossary, and all other contents of the catalog are subject to amendment by Billings by the posting of notices or by oral announcements made during the sale. All property is offered by Billings as agent for the Consignor unless the catalog indicates otherwise. By participating in any sale the Consignor, Bidder and Buyer agree to be bound by these terms and conditions.
1. Before the Sale. Prospective bidders or their agents should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All statements made in the catalog or in the condition report or made orally or in writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Except as set forth in paragraph 18, Billings and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold "as is" and neither Billings nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, attribution, provenance or condition of the property. Billings and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property.?2. Bidding Registration. Bidders attending the auction in person are required register on site during the preview hours, or day of the auction. Bidders attending the auction online are required to register with LiveAuctioneers.com . Billings may require the bidder to contact our gallery by phone to verify bidder/banking information prior to approval. Registered bidders agree to be fully liable for all bids, including the liability to timely pay in full for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale.?3. Buyer's Premium. A premium of 25% of the successful bid price will be added to all lots and is payable by the buyer as part of the total purchase price on lots in sale. A discount of 3% will be applied to the premium for payment by cash or check.?4. Withdrawal. Billings reserves the right to withdraw any property before sale and shall have no liability for such withdrawal.?5. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. 6. Video or digital images. At some auctions a video or digital screen may be used. Billings is not liable for any errors in the operation or quality of the image presented.?7. Reserves. Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to reserve. Billings may implement such reserves by bidding through its representatives on behalf of the Consignor.?8. Bidding. Billings reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer shall have 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 the sale, the sale record of Billings shall be conclusive in all respects.?9. Absentee bids. As a convenience to bidders who cannot attend a sale in person or online, Billings will, if so instructed, execute written bids on their behalf, without additional cost. If Billings receives written bids on a
particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. Billings is not responsible for errors or failure to execute the written bid or for errors or omissions in connection with the written bid. Lots are bought for absentee bidders at the lowest possible price (which may be below the written bid price) subject to other bids or reserves.?10. Online bids. Billings will use reasonable efforts to carry out online bids, however Billings is not responsible for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.?11. Auctioneer's discretion. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance.?12. Successful Bid. On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as Billings may require for all lots purchased. 13. Payment. The buyers are expected to make payment for purchases immediately after the auction for the entire amount due (including hammer price, buyer's premium and applicable taxes and other charges including handling charges and storage costs). Payment in U.S. Dollars can be made by check, cash, wire transfer, or Visa, MasterCard, and Discover credit, charge or debit card, subject to certain limitations. International payments can be made by wire transfer. The buyer grants Billings a security interest in the property and Billings may retain as collateral security for the buyer's obligations to Billings, any property or monies held or received by Billings for the account of the buyer. Payment will not be deemed to have been made in full until Billings has collected funds represented by checks, or, in the case of bank or cashier's checks, until Billings has confirmed their authenticity. Buyer agrees that a 1-1/2% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred.?14. Tax. Unless exempted by law from the payment thereof, the buyer will be required to pay Los Angeles retail sales taxes at a rate of 9%, or any taxes that are applicable at this date, including any federal luxury or other tax. Unless exemption from such taxes is established to the satisfaction of Billings, any buyer claiming an exemption will be required to pay the tax to Billings and seek a refund from the state. Deliveries outside the State of California may be subject to the compensating use tax of another state and, where a duty of collection is imposed upon them by law, Billings will require payment of such taxes.?15. Removal of Property. The buyer at buyer's expense must remove all property from Billings not later that 10 business days following the sale. Removal of purchases during the auction is encouraged. Purchases not so removed will be subject to the following charges to cover handling and storage costs: After 10 business days following the sale, a handling charge of 1% of the purchase price will be payable by the buyer per month until the items are removed, with a minimum of 5% for any property not so removed within 60 days after the sale. Buyer agrees that any property which is paid for but left at Billings' premises for any reason in excess of sixty (60) calendar days after the sale may be sold by Billings at public auction with the balance of any funds recovered in excess of the storage charges and auction charges, being remitted to the buyer.?16. Non-Payment. If the buyer does not make full payment for the purchases within the time required, Billings is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Billings and the Consignor by law: Billings is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that Billings deems appropriate; (d) to resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) to offset the full purchase price against any amount owed by Billings to the buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) to take other actions as Billings find necessary and appropriate. The buyer grants Billings a security interest in any property in Billings' possession which is owned
by such buyer and Billings is authorized to hold such property as collateral security for such buyer's obligations. Buyer shall be liable to Billings for all other charges incurred as a result of buyer's non-payment, including attorney fees, expenses and incidental damages. As between Billings and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Billings.?17. Packing and Shipping. Shipping arrangements are the buyer's responsibility and expense. If needed, a list of shippers is available on your Liveauctioneers invoice, in these terms and conditions or from Billings. Billings is not responsible for damage or breakage which may occur during packing and handling and shipping by your chosen shipper and/or packer of your purchased lots, whether or not recommended by Billings. Handling, packing and shipping of purchased lots is at the entire risk of the buyer and all claims should be filed with your chosen shipper/packer.?18. Limited Right of Rescission. If within twenty-one days of the sale of any lot, the buyer gives notice in writing to Billings alleging that the identification of authorship (as defined in the catalog Glossary and set forth in the heading in quotation marks in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any written notices or verbal announcements during the sale) is not substantially correct based on a fair reading of the catalog, and (b) if within fourteen days of such notice the buyer returns the lot to Billings in the same condition as when sold, and (c) establishes the written allegations to Billings' satisfaction (including by providing one or more written opinions by recognized experts in the field, as Billings may reasonably require), then the sale will be rescinded with only the purchase price and buyer's premium refunded. No reimbursement shall be made for any shipping costs incurred. If, prior to receiving such notice from the original buyer alleging such defect, Billings has paid the Consignor monies owed to him in connection with this sale, Billings agrees to refund only the buyer's premium and applicable sales taxes paid. Consignor agrees to refund any payments made to Consignor for such property. In the event the Consignor refuses to refund the payments, Billings may disclose the identity of the Consignor and assign to buyer Billings' rights against the Consignor with respect to the lot the sale of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Billings as Consignor's agent with respect to the said lot shall automatically terminate.?19. Limitation of Liability. If, for any reason a purchased lot cannot delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Billings shall not be liable for any amount in excess of that paid by the buyer.?20. Governing Law and Jurisdiction. The Conditions of Sale, as well as the buyer's, Consignor's and Billings' respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of California. All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, internet or other means, consent to the exclusive jurisdiction of the state courts located in Los Angeles County, California, and if applicable, of the federal court located in Los Angeles County, California.?21. Severability. If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.
NOTE:?Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All items are sold "as is" in accordance with the Conditions of Sale.
Condition terms
By registering and bidding in a CCAG auction, bidders (whether present in person, by telephone, by agent, by written or telephone absentee bid instruction, or through the internet) agree to be bound by the following Conditions of Sale, which may be supplemented or amended at any time. If a bid is placed by an entity, the person executing the bid on the entity's behalf agrees to personally guarantee payment for any successful bid.
All bidders must meet CCAG's qualifications for bidding.
General Conditions of Sale
All sales are final and all lots are sold "as is, where is." Payment and removal of items is due within seven (7) days of the auction, unless other arrangements are made and confirmed in writing by CCAG. The purchaser is responsible for removal of all purchases and for all costs in connection with purchases all items. No merchandise will be released before the end of the auction.
Crescent City Auction Gallery, LLC (CCAG) does not guarantee, warrant, or represent the description, genuineness, provenance, importance, or condition of an item. While CCAG has endeavored to catalog and describe all items correctly, no statement made in the catalog description or verbally prior to or during the sale shall be deemed to express any warranty, representation or assumption of responsibility by this company. The purchaser accepts all Conditions of Sale and other provisions stated herein by registering with CCAG to bid at auction.
All telephone bids must be in by 5:00 p.m. on the Friday before the auction. No telephone bids will be accepted on the day of the auction. While CCAG makes every effort to execute instructions regarding telephone bidding, CCAG assumes no responsibility for failure to execute bids for any reason whatsoever. Telephone bidders must be willing to bid the low estimate on each item.
A 25% buyer's premium will be applied to all purchases as well as applicable sales tax. Absolutely no items may be removed before end of sale. We will be here one hour after the auction and Monday through Friday the week following the auction from 10 a.m to 5 p.m. and Saturday from 10 a.m. to 3 p.m. for pick-ups.
Conditions of Sale
WAIVER OF ALL WARRANTIES
Any and all warranties provided by law are waived herein. No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or at any other time, or in writing in this catalogue or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is waived. Regarding works of art, CCAG does not make any express or implied warranty as to authorship. No statement in the catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or limitation of liability as to authorship. Any such warranty is waived.
AUCTIONEER'S DETERMINATION FINAL
The auctioneer shall have absolute discretion in determining the successful bidder. At the fall of the auctioneer's hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer. The bidder thereupon assumes full risk and responsibility for the purchased items, including the full purchase price for the lot, all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium, applicable taxes, and any other associated expenses.
The auctioneer has the right to accept or reject any bid in his absolute discretion. The auctioneer may decide whether any original bid is commensurate with the value of the article offered, or whether any advance thereafter is of a sufficient amount, and may reject the bid in either case. The auctioneer also has the right to vary the bid increments in his discretion.
The auctioneer reserves the right to withdraw any item at any time before the sale of the item.
BUYER DEFAULT
In the event of default, the buyer will be responsible to CCAG and the consignor for the full purchase price, buyer's premium, taxes, and all other related costs and expenses, including attorneys' fees in the additional sum of 10% of the gross amount due CCAG, interest as provided by law, collection fees and expenses, late charges, any deficiency, and all other damages.
If CCAG should bring an action to enforce the Conditions of Sale and/or to collect any amount due and owing to it, CCAG shall also be entitled to collect as additional damages, all other related costs and expenses, including attorneys' fees in the sum of 10% of the gross amount due CCAG, interest as provided by law, collection fees and expenses, late charges, storage fees, and any deficiency.
If the buyer fails to comply with any of the Conditions of Sale stated herein or as supplemented or amended from time to time, CCAG reserves the rights to hold the defaulting buyer liable for the full purchase price, to cancel the sale, to retain any payment made by the buyer as liquidated damages, to resell the property, either with or without reserve, and by private sale or auction, with a seven (7) day prior notice to the buyer, or to take such other actions available by law as deemed necessary or appropriate.
PAYMENT
The successful bidder agrees to pay a buyer's premium in the amount of 25% of the hammer price on each lot.
Payment in full must be made by the successful bidder within seven (7) days of the auction date. Interest charges will apply to invoices not paid after this period expires. CCAG reserves the right to require payment in full of the sales price at the moment of the successful bid. VISA, MasterCard, Discover and American Express are accepted for invoices up to $25,000.00 per customer.
Unless exempt by law, the purchaser is required to pay all applicable taxes, including but not limited to, Louisiana and local taxes, and, if applicable, any federal luxury or other tax on the total purchase price. The purchaser is also required to pay all international customs, duties, and other tariffs as required by law. Documentation of tax exemption must be provided upon registration. Taxes will not be removed without proper documentation.
QUALIFICATIONS TO BID
A bidder who is not a CCAG client in good standing may be disqualified by CCAG. CCAG reserves the right to exclude any person from the auction. Any customer not accredited by CCAG must present a letter of reference from their bank or other suitable source acceptable to CCAG. CCAG requires that the merchandise be held on premises until the check clears or money is obtained into our account.
SHIPPING
CCAG will work with any shipper of your choosing and will provide information on packers and shippers. CCAG does not ship any items sold at auction, nor does CCAG pack items purchased at auction. The handling of purchased lots by CCAG is at the purchaser's risk. CCAG suggests that the designated shipper carries insurance in a sufficient amount of your purchases, as CCAG is not responsible for any damage or loss that occurs while your objects are in another's care. Final shipping arrangements and agreements are strictly between the buyer and the shipper. CCAG will not be responsible for any damage or loss that occurs if you choose a shipping method that CCAG has advised against and CCAG will require a waiver from the purchaser acknowledging same.
STORAGE
CCAG will store items purchased at auction for up to ten (10) days after the auction. On the first business day thereafter, lots remaining in the gallery will be turned over to a storage facility. The owner will be responsible for handling and storage costs. Handling costs will be a minimum of $50.00. Storage rates will carry a minimum charge of $100.00 per month. All items handled or stored are at the purchaser's risk. Storage charges are billed monthly and must be paid in full before merchandise is released. We are not liable for any damage to merchandise after the sale.
CCAG is not responsible for any damage or loss on property purchased but not removed from premises. If the purchased property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $10.00 per lot storage charge per day. CCAG may, in its discretion, remove the purchased items to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the items will be released.
CONDITION
CCAG does not accept returns on the basis of condition. It is the buyer's responsibility to inquire as to the condition of a specific lot prior to bidding. CCAG does not include condition in the description of the lot. Please email all condition requests to info@crescentcityauctiongallery.com and include all contact information. Condition requests are answered in the order received. Condition reports will not be given by telephone under any circumstances.
The deadline to submit condition report requests is 5p.m. on the Wednesday before the auction. Following that time, CCAG cannot assure completion of the condition report prior to auction. Condition requests placed on auction day will not be answered. CCAG reserves the right to close the Condition Report desk at any time.
Do not bid if you have not received a condition report. All potential buyers should be sure they have read and agree to the Conditions of Sale.
If you are interested in obtaining a shipping quote for a piece of artwork, please note that all dimensions contained in CCAG's art descriptions are of the art only and do not include the frame. CCAG will provide dimensions with the frame upon request.
GOVERNING LAW
The laws of the State of Louisiana shall govern all CCAG auctions and any and all disputes arising from the auction and/or any auction purchase, as well as all Conditions of Sale stated herein, as supplemented and amended from time to time.
FORUM FOR DISPUTES AND CONSENT TO JURISDICTION
By registering with CCAG for the auction, every bidder and purchaser agrees to submit to the sole and exclusive jurisdiction of the courts of the State of Louisiana with respect to any dispute arising in connection with the auction and/or any auction purchases.
In the event of a lawsuit, each bidder and purchaser consents to the jurisdiction of the federal courts and/or state courts located in Louisiana, and the dispute shall be governed by Louisiana law as provided in the preceding paragraph, Governing Law. If items are auctioned or offered for sale only through an online auction, the laws of the State of Louisiana shall govern. In all cases, the right to trial by jury is hereby waived.
MEDIATION OF DISPUTES
In the event of a dispute arising from the bidding on an item at auction or purchase of an item and any matter related thereto, and prior to the filing of a lawsuit, the parties to this contract agree to first submit the dispute to mandatory mediation. No lawsuit may be filed without prior mediation of the dispute between the parties. The mediation will take place in CCAG's domicile, New Orleans, Louisiana, and shall be conducted by a mediator chosen solely by CCAG. The mediation will be conducted solely at the bidder or purchaser's expense.
IMPORT AND EXPORT
On occasion there may be items sold at auction that could be subject to federal and state laws, regulations, and restrictions regarding the licensing, importing, exporting, resale, transporting, conservation, and the like, of items purchased at auction from CCAG. It is the prospective bidder's sole responsibility to be aware of and to comply with all laws and regulations regarding items purchased, and CCAG makes no representations, warranties, and/or guaranties whatsoever regarding same.
