TERMS & CONDITIONS
CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS TERMS & CONDITIONS OF SALE. THE SALE OF AUCTION GOODS and AFTER THE AUCTIONS. 1. All property offered and sold through CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS has made every effort to catalogue and describe accurately property to be sold. The Auctioneer, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. 2. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS makes every effort to accurately describe all items offered in its sales, however all items for sale are as is, and it is the bidders’ responsibility (present or absentee bidders) to determine the exact condition of each item. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS will not be held responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property online and contact CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS before bidding to determine its condition, size and whether it has been restored. The consigner and we make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Returns will not be accepted under any circumstances. When possible, all items will be available for ON-LINE preview at least TWO (2) Weeks prior to the auction. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. CONDITION Detailed condition reports are not included in this catalogue. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the gallery to determine their level of interest. Requests for condition reports with additional photographs can be made by emailing through the link on this page. Contact the gallery for verbal reports at 818-441-2031 or email firstname.lastname@example.org. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All counts, weights and measurements are approximate. The Auction House shall bear no responsibility for any error or omission. Unless otherwise stated, all artwork sold by California Estate Liquidators & Auctioneers is assumed to be "after", "school of", "manner of" or "circle of" and will carry no warranties or guarantees as to authorship or authenticity weather stated or implied by other parts of this agreement. Ignorance of terms by buyer (s) is no excuse to bring action against the auction house or consignor. 3. Internet Live Bidding System: 1. Bidders may now bid in the privacy of their own home. Please visit these sites to review current sales options and bidding deadlines. Also please be aware that there might be differences in terms and conditions, deadlines and buyer's premiums when bidding on-line. 2. Bidding will begin at a price appropriate in auctioneer's discretion. The Auctioneer always reserves the right to withdraw a lot for any reason. At the Auctioneer's discretion, no bid of less than one half the low estimates will be accepted from any source: phone bidding, absentee bidding or internet bidding unless authorized by the Auctioneer. All lots in this catalogue are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the Auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale. 4. Bidding on an item indicates your understanding and acceptance of these Terms & Conditions of Sale. If a purchaser breaches any of these Terms & Conditions of Sale, including the obligation to pay for purchased items, CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS may seek all remedies under the law including canceling the sale and reoffering the property without reserve. 5. Internet Live Bidding System. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS does not guarantee the technical feasibility of internet connections or the on-time transmission of bids during auctions. It is advised to place bids early to ensure that bids can be considered for the auction. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS shall not bear the cost of the telephone call. The sale may, on behalf of the seller, be made conditional or be refused. In the event of several identical bids being received, the bid received first shall win. If a bid that has been duly received within the specified time limit or a telephone bid has been inadvertently overlooked in error, CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS is entitled to cancel the winning bid and re-auction the item. The same applies to all incidents and complaints directly after the hammer falls or after the auction. 6. RESERVES 1. Most of our items are reserved but occasionally items may carry an un- reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate usually at about 50% of the low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. 7. BUYER’S PREMIUM 1. A 20% buyer’s premium is applied to each item. TOTAL BUYER’S PREMIUM will be added to all successful bids and is payable by the purchaser as part of the total purchase cost. 8. SALES TAX 1. Lots delivered to you, or your representative is subject to all applicable state and local taxes, unless appropriate permits are on file CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS. California bidders agree to pay CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS five days prior to the Auction or tax must be paid; only if such form or certificate is received by CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be aggregated for sales tax purposes. For all residents of California, 10.25% sales tax will be added to your invoice. 9. PAYMENT All merchandise must be paid in full within seven (7) days of the date of the sale. 1. We accept PayPal, Visa, MasterCard, Discover, American Express wire transfers, money orders, and cash. 1. CREDIT CARD - For first time buyers and credit card charges greater than $2,500.00 buyers must complete the bottom portion of the invoice and must specifically sign the acknowledgement of our terms of sale before we will accept payment via credit card. We do offer the convenience of paying automatically by credit card. If you wish to have your card automatically charged for all purchases please complete our Authorization for Automatic Credit Card Use. We have this form available online or upon request. Split payments are subject to a 22% buyer’s premium if a credit card is used as any form of total payment. Credit card charge back will not be accepted. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS reserves the right to request a different form of payment (wire transfer or certified check) for larger amounts. 2. WIRE TRANSFERS - There will be a $30.00 charge added to all wire transfers less than $2,000.00. Please add this amount to your invoice total before sending a wire transfer. 3. In the few situations where a successful bidder does not remit payment when due, CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation. Customers who have an established successful buying history WITH CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS may be exempt from this. In the few situations where a successful bidder does not remit payment when due, CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation. 10. CALIFORNIA ESTATE LIQUIDATORS & AUCTIONEERS NON-PAYMENT POLICY; a. AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY WAG A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 20% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. 11. SHIPPING TERMS 1. Clients are also welcomed to make their own shipping arrangements. We can also provide shipping for items purchased. Buyers are required to pay for all packing, shipping and insurance charges since all items will be insured for the purchased value. Be aware that for larger and/or valuable items, shipping charges can be substantial. If you are bidding on a large item such as furniture or cars, we recommend, Express Logistics at: 866.470.2776 x 203 to discuss shipping arrangements prior to bidding. If you do not agree with this shipping arrangement please do not bid. Thank you. Please note: ALL SHIPPED ITEMS MUST BE INSURED. 2. Shipping cost is the sole responsibility of the buyer. Your credit card will be charged for the items purchased including the SELLER’ s fee plus shipping and handling. 2. REMOVAL AND STORAGE OF PROPERTY. If purchased property has not been removed, or California Estate Liquidators & Auctioneers has not received shipping instructions within 7 days after the auction date, a $20 per item per day storage fee may be charged to the buyer. 3. CANCELLATION OF SALE. If purchased property remains in the custody of California Estate Liquidators & Auctioneers for a period of 30 days following the auction, California Estate Liquidators & Auctioneers may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of California Estate Liquidators & Auctioneers’ costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to California Estate Liquidators & Auctioneers.