Terms & Conditions of Auction
LINK AUCTION GALLERIES, LLC
STANDARD TERMS & CONDITIONS OF AUCTION
1. The offering and sale of property by Link Auction Galleries, LLC is subject to the following conditions of sale that may be modified or supplemented by oral announcements prior to or during the sale. By bidding at this auction each purchaser and bidder agrees to be bound by these terms and conditions of sale.
2. Charges on final bid amount. The purchase price paid for a successful final bid is calculated as follows. The purchase price is the final bid amount plus a premium of 20% on the final bid price up to and including $ 100,000 and 15% thereafter, together with an applicable sales tax, packing charges and any other taxes or charges required by law to be collected. A 3.99% additional charge added to the total purchase price (final bid plus any premium) for payments made via debit or credit card. In addition to the foregoing charges Buyers purchasing via invaluable.com will be charged an additional 3.0% (a total of 23.0%) of the final bid amount. Purchasers via liveauctuoinerers.com or any other online bidding platform will be charged an additional 5.0% (a total of 25.0%) on the final bid amount.
3. All property is sold AS IS, WHERE IS, by lot and all bids are per lot as numbered in the catalog. ALL SALES ARE FINAL. All consignors have made written representation that they have good title to the property. Link Auction Galleries, LLC makes no independent warranty of title. All property is sold AS IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY and fitness of purpose are specifically disclaimed by Link Auction Galleries, LLC and their consignors. CATALOG DESCRIPTIONS ARE STATEMENTS OF OPINION ONLY. Link Auction Galleries, LLC disclaims all warranties arising from a course of dealing and usage in the trade and descriptions published in the catalog as to condition and measurements. No warranty, express or implied is made as to the transference of intellectual property rights. Buyer assumes risk of loss upon being declared the high bidder. PHYSICAL DIMENSIONS AND WEIGHTS LISTED IN THE CATALOG OR ONLINE ARE APPROXIMATE AND PROVIDED ONLY FOR THE PURPOSE OF ESTIMATING SHIPPING COSTS.
4. Bid increments. The following bidding intervals are generally used subject to the auctioneer’s full discretion. Bids that do not conform to these intervals may be lowered to the next bidding intervals; up to $500, by $25; $500-1000, by $50; $1000- 2000, by $100; $2,000-5,000, by $250; $5,000-10,000 by $500; $10,000-20,000, by $1,000; $20,000-50,000, by $2,500, $50,000-100,000, by $5,000, and anything over will be by $10,000 increments.
5. Bidders at the auction may bid in person if applicable, or, if they are pre-registered and approved by Link Auction Galleries, LLC, they may bid by written absentee bid, by telephone, or by using the Internet. Internet bidders should register at least two hours prior to the start of the auction. It is agreed Link Auction Galleries, LLC will not be responsible for failure to execute absentee bids or electronic failures. The auctioneer reserves the right to reject a bid from any bidder. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. Photos and descriptions have been posted on the Internet and we encourage telephone calls, e-mail or facsimile contact to ask questions. Internet bidders are encouraged to review each lot and be prepared to bid quickly. The auctioneer will, without liability, determine the bidding increments and maintains sole authority to resolve disputes. Lots may be auctioned with reserve, and auctioneer may advance the bidding on behalf of the seller’s reserve without further notice. High and low estimates found in the catalog are listed only for guide purposes.
All persons attending the auction must obtain a bidder’s paddle prior to bidding. The Auctioneer may refuse to recognize any person without a bidder’s paddle.
All terms, conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot may be changed or added to by the Auctioneer, prior to any bid being accepted for the lot.
A lot shall be sold to the highest bidder determined by the auctioneer, subject to the terms and conditions of the sale. Title to the lot shall pass upon the fall of the Auctioneer’s hammer. The buyer shall be obligated to pay the purchase price, including buyer’s premium and applicable taxes, as set forth in the terms and conditions. Upon title passing to buyer, buyer assumes all risk of loss and damage to the Property and all responsibility with respect to the Property, such as but not limited to the obligations, costs, and expenses for handling, shipping, insurance, taxes and export of the Property.
The auctioneer has the right to: (i) reject any bid, (ii) refuse to acknowledge any bidder (iii) challenge bids (iv) withdraw a lot from sale or pass the lot, (v) reject any advance in the building if the Auctioneer deems it insufficient, and (vi)otherwise regulate the bidding and its increments. IN the event of a dispute between bidders, the Auctioneer has the absolute right to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, Link Auction Galleries sales records may be deemed conclusive. We also reserve the right to divide any lot and to combine any two or more lots. The discretion of the Auctioneer may be fully exercised in the absolute discretion of either Link Auction Galleries or the Auctioneer, without liability of any kind on the part of Link Auction Galleries or the Auctioneer.
6. Payment. All bidding and purchases at the auction will be in U.S. Dollars. For cataloged auctions a buyer’s premium will be added to the successful non-Internet bids of 20%; for Internet bids a buyer’s premium will be added to the successful bid of 23% for bidders on Invaluable.com and 25% for bidders on Liveauctioneers.com and any other online bidding platform; these amounts will be added to the amount of the successful bid price for lots purchased at the auction. In addition, buyers will be responsible to pay applicable State of Missouri sales taxes. All purchases must be paid in full within (7) days of completion of the auction. Payment may be made in cash (U.S. Dollars), approved credit cards which are limited to Visa, MasterCard, Discover and American Express. Credit and debit card payments are charged an additional processing fee of 3.99%. LINK AUCTION GALLERIES, LLC DOES NOT ACCEPT PAYMENT THROUGH PAY-PAL OR OTHER ELECTRONIC MEANS. Checks should made payable to LINK Auction Galleries and mailed to 5000 Washington Place, St. Louis, MO 63108
7. QUALIFIED STATEMENTS BY THE AUCTIONEER OR AUCTION COMPANY ARE OPINIONS, NOT REPRESENTATIONS OF WARRANTIES. Statements and descriptions contained in the catalog, bill of sale, invoice, by auctioneer or elsewhere as to the manufacturer, artisan authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, historical relevance or physical condition ARE QUALIFIED STATEMENTS OF OPINION ONLY AND ARE NOT REPRESENTATIONS OR WARRANTIES. Descriptions provided in any printed catalog, Internet catalog or Internet information do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, tear, imperfections or the effects of aging.
It is recommended all prospective bidders examine carefully all items in which they have an interest. You are welcome to inspect in person all items during our published inspection hours, and/or by appointment. We will assist you personally or by telephone, providing a physical description and our opinion. If you require absolute certainty in all areas of authenticity and description, we recommend you have an expert of your choice examine and research the item or lot for you OR that you do not bid on the item in question. By placing a bid, either in person, by phone, absentee or by Internet, you signify you have examined the items as fully as you desire to, or, you have chosen not to examine them. ALL SALES ARE FINAL. All lots are sold As-Is, Where-Is.
The estimates provided in the Catalogue are merely our opinion of the price that a willing buyer would pay for the Property at auction. The actual price that might be realized at auction or upon resale of the Property may be substantially different from these estimates. We shall not be liable in any way for such a difference.
If there is any breach of a warranty, buyer’s sole remedy shall have any liability for other damages, such as but not limited to, direct, indirect, special, incidental, or consequential damages. No refund will be made until the Property is returned at buyer’s expense to the premise of Link Auction Galleries where the Property was purchased in the same condition as the Property was in at the time of the sale. We act only as agent for the consignor and make no independent warranty of any kind. Nothing in this Paragraph 3 is intended to exclude any warranty of title required to be given under the Regulations of the City of St. Louis.
Jewelry items are not returnable for any reason after they leave the auction premises, ALL SALES ARE FINAL.
No employee of Link Auction Galleries, LLC is authorized to make on its’ behalf or on behalf of the Consignor, any representations or warranty, oral or written, with respect to the property to be auctioned. LINK AUCTION GALLERIES, LLC has relied substantially upon information provided by its Consignors to describe the auction lots. LINK AUCTION GALLERIES, LLC reserves the right to withdraw any lot at any time before it is sold.
8. REMOVAL OF PROPERTY AFTER PURCHASE. ALL PAID FOR PROPERTY SHALL BE REMOVED FROM OUR PREMISES AT THE PURCHASER’S EXPENSE NO LATER THAN 5:00 PM ON THE THIRD CALENDAR DAY FOLLOWING THE SALE DATE, except Internet bidders. Internet purchases must be picked up within 7 calendar days of the auction. If purchases are not picked up within the specified time periods, beneficial bailee rights of the purchaser cease and a storage fee of $20.00 per lot, per day will be payable to Link Auction Galleries, LLC by the purchaser. Further, after the required pickup dates, Link Auction Galleries, LLC, may transfer the property to a public warehouse at the purchaser’s risk and expense or, at the option of Link Auction Galleries, LLC, the property may be sold at private or public auction, without notice to the previous purchaser and all the proceeds from such sale will be retained by Link Auction Galleries, LLC as liquidated damages and storage fees. If merchandise belonging to a purchaser is lost by fire, theft, damage or any other reason, prior to the purchaser taking possession of same within the above specified time periods, the liability of Link Auction Galleries, LLC shall be limited to the actual amount paid for the same at the auction wherein it was acquired and shall in no event include any incidental or consequential damages. LINK AUCTION GALLERIES IS NOT A STORAGE FACILITY.
9. Shipping Information. Packing, handling and shipping of purchased lots is the sole responsibility and strictly at the option of the purchaser. Link Auction Galleries, LLC does not provide packing or shipping services. We recommend purchasers consult with any one of the following companies. All such companies are independent of Link Auction Galleries, LLC, and if contracted with or for, they will be acting as your agent. These shippers will pick up the goods at our facility. Link Auction Galleries, LLC receives no compensation for shipping referrals. We urge you, the purchaser, to obtain shipping insurance and more than one shipping quote. Shippers known to be available are:
UPS 8816 Manchester Road
Brentwood, MO 63144
Pak Mail 248 Inc., 407 Belt Line Road
Collinsville, Il 62234
10. Governing law and Jurisdiction. The laws of the State of Missouri (excluding it conflicts of laws rules) shall be used to interpret the meaning of these Standard Terms and Conditions. By bidding at an auction or otherwise purchasing Property, whether personally or by an agent, and whether physically present at an auction or bidding by way of written, telephone, electronic or other bid means, BUYER CONSENTS TO THE JURISDICTION OF (I) THE STATE COURTS OF THE STATE OF MISSOURI LOCATED IN THE CITY OF ST. LOUIS, MISSOURI AND (II) THE FEDERAL COURTS FOR THE EASTERN DISTRICT OF MISSOURI. BUYER ALSO AGREES THAT ANY LAWSUIT BUYER MAY BRING AGAINST US WILL ONLY BE BROUGHT IN THE STATE COURTS OF MISSOURI LOCATED IN THE CITY OF ST. LOUIS, MISSOURI OR (II) IN A FEDERAL COURT FOR THE EASTERN DISTRICT OF MISSOURI.
11. Limitation of Liability. Link Auction Galleries, LLC is acting as agent only in connection with sale of Property. We disclaim any responsibility for a breach or default by the consignor, except as specifically stated above. In no event will our liability for any breach, act or omission (including, but not limited to, any breach of the Authorship Warranty or any breach of warranty of title) exceed the purchase price actually paid by buyer. BUYER AGREES THAT WE SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, whether in contract, warranty, tort, strict liability, negligence or otherwise, arising out of, resulting from, or relating in any way to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of us or our agents, representatives, affiliates, officers, directors, or employees.
IMPORTANT NOTICE TO ALL PURCHASERS OF JEWELRY
The Following provision supplements the Standard Terms and Conditions.
Clients are advised that many colored gemstones are treated to enhance their properties. For example: heating is commonly used to improve the color or transparency of rubies or sapphires; and oiling is used to enhance clarity in emeralds. Such enhancement procedures are widely accepted by the international jewelry profession. While the color of heat-treated stones is permanent, oiling may need to be repeated after a number of years in order for emeralds to retain optimum clarity.
As a matter of policy, Link Auction Galleries will obtain gemological reports from officially recognized laboratories for certain gemstones offered for sale. The contents of these reports are given in our catalogues. However, it is not feasible for Link Auction Galleries to obtain such reports for all gemstones offered at auction and prospective buyers should therefore bear in mind that, unless otherwise stated, such enhancement methods could have been used. Prospective buyers must be made in good time (two weeks before the auction date) and are at the client’s cost (pre- paid). Enhancement of gemstones may affect market values, and clients are advised that if official gemological reports are not available gemstones may have been enhanced.
Illustrations are produced as approximately life-size, unless stated to the contrary. However they are rarely exact and cannot be used as precise indications of size.
IMPORTANT NOTICE TO ALL PURCHASERS OF WATCHES
The following provision supplements the Standard Terms and Conditions.
NO WARRANTY IS MADE THAT ANY WATCH IS IN WORKING ORDER AND NOTHING IS THIS CATALOGUE DESCRIPTION OF ANY SUCH LOT SHOULD BE TAKEN AS IMPLYING SUCH. Purchasers are advised to have watches checked by a competent watchmaker before use.
THIS DOCUMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, LINK AUCTION GALLERIES, LLC AND ITS EMPLOYEES, CONSIGNOR AND PURCHASER OR SUPPOSED PURCHASER AT AUCTION.