Terms & Conditions
Limited Warranty – Terms and Conditions
The lots listed in each catalog are being offered by Atlanta Auction Gallery, LLC, heretofore ‘Auction’ as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at an auction sale you (the Buyer) agree to be bound by these Conditions of the sale.
BEFORE THE SALE
Potential buyers are advised to personally inspect any lot in which they are interested before the auction sale begins. Condition reports may be requested via email up to 48 hours before the auction sale begins. All lots are sold with a limited warranty as outlined below:
Warranty and Representations: Auction strives to conduct honest and transparent auction sales and offers a warranty with limitations that is outlined and explained below:
Auction has taken considerable time and effort in accurately describing the items in the catalog. The items carry a limited warranty based on the catalog descriptions. This is limited to protection for you (the Buyer) for serious discrepancies that would severely affect the value of the item(s). Auction does not agree to warranty anything that it deems not to be a serious discrepancy and therefore does not seriously affect the value. This limited warranty protects the Buyer against fakes, reproductions, or any major modification or alteration of a given item. The limited warranty covers authenticity and any considerable restoration or repair not described in the condition report of the catalog.
Auction makes its best effort to be as fair and honest as possible in our catalog by providing several high resolution images, any available supporting documentation, and expert analysis (if available) of each item and describing the item to the best of our ability. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Auction does not warranty against minor imperfections, minor damage, natural flaws due to age of materials, normal signs of wear from use. It is the Buyer?s responsibility to inspect the item(s) in person during the preview period and if placing absentee bids, the Buyer must request a condition report via email at least 48 hours prior to the start of the auction sale. If the Buyer is extremely particular, it is advised that you the Buyer do not submit an absentee bid in our auction sale since your expectation of the condition of a given item may be much higher than our cataloger may have. The purpose of the auction sale catalog is to provide a general description of each item and its condition. The Auction will honor any serious discrepancy in the catalog descriptions. If Auction determines that the discrepancy is not serious, under no circumstances would the Auction honor the warranty. Therefore no refund or adjustment would be made. In rare cases, the Auction reserves the right to make written corrections to the catalog during the live sale. Absentee bids will not be honored on items that Auction finds to be different at time of live sale than described in the catalog unless contact can be made via email with the Buyer to advise of the discrepancy before the item is sold. If the Auction is unable to reach the Buyer or time does not permit prior to the sale, the absentee bid will be cancelled. Warranty only applies to what is written in the catalog or announced during the live sale. No verbal communication whether in person or over the phone shall be construed as binding under the warranty. The Auction will be the sole judge in the decision of refunds and adjustments for serious discrepancies.
The warranty is limited to the following:
A)Limit of Compensation: If the Buyer requests a refund based on authenticity, it must be accompanied by at least one written statement from an authority recognized by the Auction. Auction is not responsible for any shipping, appraisal, testing, authentication, analysis costs incurred by the Buyer. Shipping costs from the Auction to the Buyer and from the Buyer to the Auction are NON-REFUNDABLE. Auction will not refund the cost of shipping . It is agreed between both parties that the item(s) will be returned in the same condition as received If it is agreed that an item may be returned, it is the Buyer’s responsibility to return it in the same condition as received to the Auction.
B)Type of Compensation: An item that is approved by the Auction for an adjustment or refund is limited to one of the following options: 1)Serious discrepancies i.e. Fakes, reproductions, or any major modification or alteration will qualify for an adjustment that may result in a refund of the sale price or adjustment in the sale price or repair by the auctioneer. It is at the Auction?s sole discretion as to the final resolution. 2)Minor discrepancies are not covered by the warranty and no refund or adjustment will be made by the Auction.
C) Inspection Term Limit: For items picked up in person by the Buyer, items must be inspected for any physical condition discrepancies before signing and receiving the item(s). For absentee bidder (online, telephone or written absentee bidder)items that are shipped In-House or picked up by a third party shipper, it is the responsibility of the Buyer to inspect the item upon receipt. If a serious discrepancy is found, then it is the responsibility of the Buyer to contact the Auction in writing via email immediately. After 30 days from the auction sale date, the warranty and any options for refund, adjustment in sale price, or repair of the item(s) are null and void. AFTER 30 DAYS REGARDLESS OF WHEN THE ITEM WAS RECEIVED, THE WARRANTY IS NULL AND VOID.
If you (the Buyer) suspect the authenticity or another serious discrepancy of an item and require additional time to inspect or authenticate the item, it is the Buyer?s responsibility to contact the Auction in writing via email. At the Auction?s discretion, the inspection period can be extended up to 5 business days to accommodate the Buyer. If the Buyer contacts the Auction 31 days after the auction sale date, the warranty is null and void. and without recourse and neither Atlanta Auction Gallery LLC, heretofore ‘Auction’, nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Auction nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to salability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Auction and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Auction expressly reserves the right to reproduce any image of the lots sold in the catalogue.
AT THE SALE
Auction reserves the right to refuse admission to the premises and/or participation in any auction sale including rejecting bids.
Prospective Buyer must complete registration and have a credit card on file before approval, otherwise a $500 limit will be set on bidding. By registering to bid with the Auction, Buyer agrees to the Terms and Conditions of Sale.
When making a bid, the bidder is accepting personal liability to pay the total price including Buyer’s premium, sales tax, and other applicable charges. In the event that explicit consent is given prior to the beginning of the auction sale that the bidder is acting as an agent for a third party, Auction will hold the bidder liable for payment.
If the Buyer is registering or executing a bid for someone else as an agent, Agent is acting as the Buyer and is solely responsible for all bidding and settlement of payment and any fees.
Condition reports or statements are provided as a courtesy to interested bidders upon request 48 hours prior to the start of the auction sale. Reports state our professional opinion and should not be treated as a statement of fact. As such, the Auction is not responsible for any omissions or errors to these condition reports or statements. The absence of condition does not imply that the lot is in perfect condition or free of imperfections.
Auction will accept written bids given to us prior to the beginning of the sale by the bidder or third party agent in person or via telephone. Absentee bids are a courtesy given and Auction does not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. Auction will make two attempts to reach the bidder by telephone. Auction will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids. Absentee and telephone bids must be submitted in writing by submitting a bid form through Auctions website. Auction reserves the right to request a copy of a valid driver’s license and credit card to keep on file and is hereby authorized to process up to 20% of the low estimate on all lots requested for phone and/or absentee bidding. Auction reserves the right to process payments using the credit card on file if the Buyer fails to pay invoice in full within 5 business days of invoice being sent.
Some lots in the sale are subject to a reserve price which is the minimum price which the item must reach for it to be sold. Reserves are agreed upon with the consignors or the sole discretion of the Auction. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. Lots offered without a reserve will usually start at half of the low estimate, unless there are already competing bids. At the auctioneers discretion, the auctioneer may reduce the starting bid until a bid is recognized and continue up from that bid amount.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful Buyer, to continue the bidding, to cancel the sale or to re offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. In the case of a tie bid, auctioneer reserves the right to reopen the lot for further bidding by the two or more tied bidders.
AFTER THE SALE
Buyers Premium and Sales Tax:
Buyer agrees to pay invoice within five (5) business days of when invoice is sent and received. Buyer agrees to pay Auction Buyer’s premium of twenty percent (20%) direct with auction house or (23+%) with third party and Georgia Sales Tax of 8.9%, which will be added to the subtotal of the invoice. Additional processing fees may be applicable.
Tax Exempt Notice:
If Buyer is a Georgia entity and wants to have sales tax removed from their invoice, Buyer must have a current Georgia ST-5 form on file prior to making payment.
The Buyer must collect purchased items within twenty (20) business days from the date of the sale unless prior arrangements have been made.
Failure to Collect Purchases:
If purchased items are not picked up within twenty (20) business days following the sale close, Auction reserves the right to charge $10 per item, per day for storage and/or deliver said items to our offsite storage warehouse at Buyer’s expense. Auction shall have no liability for any damage to property left on its premises for more than twenty (20) business days following the sale. Property which is paid for but left on premises for any reason in excess of thirty (30) calendar days is subject to sale by Auction with the balance of any funds recovered in excess of storage charges and any other fees being remitted to Buyer.
Shipping and Handling:
Auction offers in-house parcel shipping via USPS and UPS only. Auction will consider other shipping accommodations at our discretion. Shipping arrangements of non parcel shipments including but not limited to: furniture, artworks, sculptures, lighting, anything that cannot fit into a box, and items in excess of $10,000 in value will be the sole responsibility of the Buyer to arrange shipping. The Auction maintains a list of preferred shipping vendors that can be referred to the Buyer. Auction reserves the right to deem items as parcel or non parcel shipment. Buyers will be given a preferred shipping vendor service list with their invoice. All parcel shipping prices include the cost of packing materials, labor at a rate of $100 per hour (billable at 15 minute minimum or $25), and full insurance. 1. Please allow 14-21 days from the time your payment has cleared for your purchases to ship. 2. Auction may refuse to insure or ship items deemed too fragile or a shipping risk. 3. Auction is not responsible for damage to picture frames or glass in shipping. We are happy to remove the glass at Buyers request. Claims Should an item be broken or damaged during shipping, Auction will file a claim for the damages and refund the full purchase price including shipping when the claim is paid out. Claims can take up to three (3) weeks to be processed. It is the responsibility of the Buyer to provide pictures of damaged item(s) and packaging and retain all packing materials until they are retrieved by the carrier or the claim has been paid. Auction must receive the item(s) and original packaging back before issuing a refund.
Any legal disputes arising from this auction sale shall be settled in the court system in Fulton County in the State of Georgia, USA.
If Auction does not receive payment in full, in cleared funds, within ten (10) business days following the sale, Auction is entitled to absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as Auction finds appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and Auction may retain as collateral security for such purchaser’s obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until Auction has collected funds represented by checks, or in the case of bank or cashier’s checks, Auction has confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction sale by or on behalf of the Buyer g.) to take other action as Auction finds necessary or appropriate.
If you have not contacted Atlanta Auction Gallery to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.