BIDDER TERMS & CONDITIONS:
These Terms & Conditions are for the auction sale to be held May 21st, 2016 by Oakridge Auction Gallery, Inc. They may be amended by any published notice, whether posted, printed, or verbal. By bidding at this auction, you are expressly agreeing to these Terms & Conditions. All items are sold, as is, where is, without any warranties expressed or implied. Items will be available for preview before each auction for further examination. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted. Descriptions should not be construed as a guarantee in any means. It is the sole duty of the bidder to make the final decision regarding an items description, authenticity, materials, condition and value. Your decision to bid confirms that you have either previewed the items, or are in agreement to the conditions and terms listed below.
BIDDING: If you have any questions regarding these BIDDER TERMS & CONDITIONS, please ask before you register for bidding. If you choose to bid at this auction, you are creating a contract, enforceable under the laws of Fairfax County, in the State of Virginia, United States of America. Bidding on an item will be considered sufficient evidence that a bidder accepts all conditions set forth in the terms and conditions, and any conditions outlined on the day of the sale. The Auctioneer has the authority to accept or reject any and all bids. All bidding is in terms of United States Currency. The Auctioneer determines who the high bidder is. In the event of a "tie-bid", the Auctioneer may re-open the item between the tie bidders. The Auctioneer's decisions are final.
BUYER'S PREMIUM: A 20% Buyer's Premium will be charged on all purchases.
SALES TAX: 6% Sales Tax will be collected on all sales made and delivered within the state of Virginia, from Oakridge Auction Gallery, Inc., located in Fairfax County, Virginia. Buyers purchasing items for Resale, or Tax Exempt Bidders, are required to provide a current Resale Certificate, or Tax Exempt Certificate, prior to each Auction, so that invoices can be calculated correctly. Sales Tax cannot be removed from an invoice without a current Resale or Tax Exempt Certificate.
NO WARRANTY: All items are sold "As-is, Where-is" with no warranty express or implied. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction to determine condition, authenticity, and/or usefulness. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted. All sales are final.
DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. Any statement written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the auction, or written or stated elsewhere are statements of opinion and not representations or warranties. No employee, agent, or auctioneer of Oakridge Auction Gallery, Inc. is authorized to make any representation or warranty on behalf of Oakridge Auction Gallery, Inc. or on behalf of the consignor regarding any item.
NO REFUNDS: Oakridge Auction Gallery, Inc. does not give refunds. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By bidding on an item or lot, you are representing that you or your agent have examined the item, are specifically waiving any rights to rescind your final bid after the item or lot is declared sold, or to rescind the contract created as a result of the auction sale.
PAYMENT: All invoices must be paid in full within 10 days of the auction and are to be paid through LiveAuctioneers, Proxibid or Invaluable. Oakridge Auction Gallery, Inc. will retain all items on the purchaser's invoice, until payment in full is made. Any invoice remaining open after 60 days, will be charged interest at a rate of 0.5% per month beginning on the 61st day.
REMEDIES FOR NON-PAYMENT OR NON-COMPLIANCE: Oakridge Auction Gallery, Inc., and the consignor(s) reserve the right to use any and all remedies for non-payment or for non-compliance with these Terms & Conditions, afforded to us by law. In addition to any such remedy or remedies available to us, including without limitation, the right to hold the purchaser liable for the purchase price, Oakridge Auction Gallery, Inc. may at its sole discretion and option: (a) compel specific performance and hold the purchaser liable for the full invoice price, (b) cancel the sale, retaining all payments made by the purchaser as liquidated damages and not as a penalty, or (c) resell any item or lot of items by public or private sale and hold the purchaser liable for all damages, including the difference between the invoice amount and the bid price realized when the item(s) are resold, all costs for resale, including our commission at our customary rate, and other damages incurred, including storage costs, sale expenses, and attorney fees.
STANDARD BID INCREMENTS: All biding will follow the established standard bid increments outlined below. All attempts will be made to strictly follow the Standard Bid Increments. The auctioneer reserves the right to deviate from the Standard Bid Increment, as necessary.
If the Bid amount is: The Standard Bid Increment is:
Less than $200 $10/$20/$25
$200 - $500 $25/$50
$500 - $1,000 $50/$100
$1,000 - $2,000 $100/$250
$2,000 - $5,000 $250/$500
$5,000 - $10,000 $500/$1,000
$10,000 - $20,000 $1,000/$2,500
$20,000 - $50,000 $2,500/$5,000
$50,000 - $100,000 $5,000 /$10,000 $100,000 - $200,000 $10,000
$200,000 or more at Auctioneer's discretion
RESERVE: All items are subject to a reserve or minimum bid, unless otherwise stipulated. The reserve is the lowest amount the seller is willing to accept for the item or lot. Oakridge Auction Gallery, Inc. personnel, or the auctioneer, will bid on behalf of the seller up to the reserve.
LIVE ONLINE BIDDING: You may bid at our auction, utilizing the following online bidding services:
LiveAuctioneers.com
Invaluable.com
Proxibid.com
You must accept and follow the Terms & Conditions set forth by the online bidding service. Following the close of the auction, bidders will receive an invoice for their winning bids, including Buyer's Premium and Sales Tax, due and payable immediately. Oakridge Auction Gallery, Inc. assumes no liability for damages incurred by the failure or disruption of online services.
PRE-BIDDING: Pre-bidding may be available through online bidding services. Pre-bidding is subject to the same TERMS & CONDITIONS as those set forth for Online Bidding.
ITEM PICKUP: All items are to be picked up by the buyer beginning the Monday following the sale after full payment of the invoice. Items must be shipped within 2 weeks of payment. It is the purchaser's responsibility to arrange with Oakridge Auction Gallery, Inc. in advance if an item must be picked up at another time.
SHIPPING: Costs associated with the shipping and handling of an item is the responsibility of the purchaser. If the purchaser is not picking up directly from Oakridge Auction Gallery, they must select a shipper to pack and ship the items. Oakridge Auction Gallery, Inc. does not recommend any particular shipper and is not liable for any damage or loss due to negligence of a third-party shipping company. You will have to coordinate and handle all shipping details. Items must be shipped within 2 weeks of payment. For your convenience, the shipping companies listed below have offered to pack and ship your items:
The UPS Store
6312 Seven Corners Center
Falls Church, VA 22044
Phone: +1-703.533.9474
FAX: +1-703.533.9473
Email: store3141@theupsstore.com
The UPS Store
Jades Shopping Center
344 Maple Ave W
Vienna, VA 22180
Phone: +1-703.255.3600
FAX: +1-703.255.3602
store0518@theupsstore.com
The UPS Store
Pan Am Shopping Center
3057 Nutley St SW
Fairfax, VA 22031
Phone: +1-703-280.1500
FAX: +1-703-280.9100
store4985@theupsstore.com
The UPS Store
1350 Beverly Rd #115
McLean, VA 22101
Phone: +1-703.448.8044
FAX: +1-703.448.8332
store0045@theupsstore.com
The UPS Store
8300 Greenboro DR, STE L1
McLean, VA 22102
Phone: +1-703.992.9020
FAX: +1-703.992.9426
Email: store6306@theupsstore.com
(For Large Items / Freight ONLY)
Certified International Movers
10305 Guilford Road
Jessup, MD 20794
Phone: +1-301-604-2147 or +1-800-891-2147
Email: mark@cimovers.com or Don@cimovers.com
Items remaining in our gallery will be subject to storage fees of no less than $50 and not to exceed $200 per month. All storage fees must be paid before shippers are allowed to pick up items. Shippers must schedule their pick-up times with Oakridge Auction Gallery to ensure availability of staff onsite and must provide a copy of the paid-in-full invoice. Shippers will sign a copy of the invoice and indicate any damage or imperfection seen on the item at time of pick-up. Any items remaining 60 days following the payment date will be considered abandoned property, and subject to resale or disposal with no refund.
REMOVAL OF LOTS FROM A SALE: Oakridge Auction Gallery, Inc. will make all reasonable efforts to have all items advertised, available for sale. However, if an item must be removed from the sale, or items are combined into lots, Oakridge Auction Gallery, Inc. assumes no liability for damages incurred by the removal of an item from a sale or from lotting items together.
AUCTION ESTIMATES: Any Auction Estimate is only an approximation of what Oakridge Auction Gallery, Inc. believes the item could bring at Auction, based on its experience, and sales data from similar items. Auction Estimates are NOT Appraisals, and are not to be used as the value of an item. Auction estimates are subject to revision.
RECORDING: All auctions are recorded for accuracy. Any and all types of audio and/or video recordings may be taken throughout exhibitions and auctions at the Oakridge Auction Gallery, Inc. facility.
LIMITATION OF LIABILITY: By Bidding, the Bidder agrees to hold Oakridge Auction Gallery, Inc., its employees and associates, and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Oakridge Auction Gallery, Inc., its employees and associates, and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased.
ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". OAKRIDGE AUCTION GALLERY, INC. NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE:
(1) MERCHANTABILITY, FITNESS, OR CONDITION OF AN ITEM, OR
(2) AS TO THE CORRECTNESS OF THE DESCRIPTION OF ANY ITEM, GENUINENESS OF AN ITEM, ATTRIBUTION TO A PARTICULAR ARTIST OR AUTHOR, PROVENANCE, OR PERIOD OF THE ITEM, OR
(3) AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ITEMS PURCHASED, OR
(4) AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS, ROYALTIES, OR OTHER RESIDUAL RIGHTS OF THE ARTIST.
THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL OAKRIDGE AUCTION GALLERY, INC., ITS EMPLOYEES, AGENTS, AND/OR AUCTIONEERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE.
SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, except Oakridge Auction Gallery, Inc. is permitted to bid on behalf of the seller, up to the amount of a reserve.
EMPLOYEES & ASSOCIATES: Employees and associates of Oakridge Auction Gallery, Inc. are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party.
VENUE: By bidding at this auction, the bidder agrees that the contract created by these conditions of sale is made and performed in Fairfax County, in the State of Virginia. Any dispute arising from this Auction will be resolved in, and under the laws of Fairfax County, Virginia.
SEVERABILITY: Oakridge Auction Gallery, Inc. and the Bidder agree that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid.
