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1. Most items auctioned are of
considerable age and may exhibit wear, usage, repairs and damage. Therefore, all
lots are sold "AS IS" except for the limited warranty contained herein,
and neither we nor the consignor makes any warranties or representations,
express or implied, as to the title, merchantability, fitness, or condition with
respect to such lots. All statements contained in the catalog or in any bill of
sale, invoice, or elsewhere as to authorship, period, culture, source, origin,
measurement, quality, rarity, provenance, importance, exhibition and literature
of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF
OPINION AND NOT REPRESENTATIONS OR WARRANTIES. We and the Consignor are not
responsible for errors or omissions in the catalogue or any supplement material.
The purchaser expressly acknowledges and agrees that in no event should
Jackson's International Auctioneers and Appraisers be liable for any damages
including, without limitation, any compensatory, incidental, or consequential
damages.
2. We reserve the right to withdraw any property before the sale and
shall have no liability whatsoever for withdrawal of property.
3. The auctioneer reserves the right to reject any bid. The highest
bidder acknowledged by the auctioneer will be the purchaser. In the event of a
dispute between bidders, the auctioneer has final discretion to determine the
successful bidder.
4. On the fall of the auctioneer's hammer, title to the offered lot will
pass to the highest bidder acknowledged by the auctioneer, and such bidder
thereupon assumes full risk and responsibility, and will pay the full purchase
price plus buyers premium and any applicable fees such as sales tax and shipping
IMMEDIATELY upon receipt of invoice.
5.
PAYMENT - IMMEDIATE PAYMENT IS REQUIRED
A
standard 23% Buyer's Premium (18% discounted Buyer’s Premium for cash or
cash equivalent payments) is added to the hammer price of each item sold. For bidders whose
credit has not yet been established with our firm, you may apply for a check
acceptance account by filling out a
bidder approval form. This should be done prior to the sale. All property must
be paid for within 7 business days after auction unless otherwise
arranged with an authorized staff member. Invoices must be paid in full
immediately upon receipt. In the event of nonpayment, your signature on bid form
is authorization to charge your credit card for purchases and all additional
charges. Jackson's may impose, and the purchaser agrees to pay, a 1.5% per month
late charge on the total purchase price in invoices that are outstanding over
thirty (30) days after the date of the sale.
6. If any applicable conditions herein are not complied with by the
purchaser, in addition to other remedies available to us and the consignor by
law, including without limitation the right to hold the purchaser liable for the
total purchase price, we at our option may either (a) cancel the sale, retaining
as liquidated damages all payments (including deposits) made by the purchaser or
(b) resell the property on no notice either privately or at public
auction without reserve & in either event the purchaser will be liable for any
deficiency in the purchase price & all costs & expenses, including: storage
fees, handling charges, the expenses of both sales & our commissions on both
sales at our regular rates, all other charges due hereunder, including attorney
fees & incidental damages. In addition, a defaulting purchaser shall be deemed
to have granted us a security interest in, & we may retain as collateral
security for such purchaser's obligations to use, any property, in our
possession owned by such purchaser. Payment will not be considered to have been
made full until your check has cleared the bank.
7. Jackson's undertakes the execution of absentee bids as a convenience
for clients and is not responsible for failure to execute bids, or for any error
in the execution of bids.
8. The bidder’s sole and exclusive remedy is the rescission of the sale
and the refund of the original purchase price plus any of buyer’s premium made,
and is in lieu of any other remedy that may otherwise be available as a matter
of law or in equity. Jackson’s and the Consignor shall not by liable for any
incidental or consequential damages incurred.
9. As stated in Paragraph 1 above, neither Jackson’s nor the Consignor
makes any express or implied representations or warranties whatsoever concerning
any property in the catalogue, including without limitation, any warranty of
merchantability or fitness for a particular purpose, except as specifically
provided herein, except that Jackson’s warrants the authorship (as hereinafter
defined) of a lot, for a period of ninety (90) days from date of sale of such
lot and only to the original purchaser of record at the auction. If it is
determined to Jackson’s satisfaction that the authorship is incorrect, sale will
be rescinded provided that the lot is returned to Jackson’s in the same
condition in which it was at the time of sale. Jackson’s shall have the right to
have the purchaser obtain, at the purchaser’s expense, the opinion of two
recognized experts in the field, mutually acceptable to Jackson’s and the
purchaser, before Jackson’s determines whether to rescind a sale under this
warrant. If requested, Jackson’s will provide the purchaser with the names of
acceptable experts.
10. “Authorship” is defined as the creator, period, culture, source of
origin, as the case may be, as set forth in the description of the lot in this
catalogue, as amended by an oral or written salesroom notices or announcements.
11. These Conditions of Sale and the purchaser's and our respective
rights and obligations hereunder are governed by the laws of the State of Iowa.
By bidding at an auction, each purchaser and bidder agrees to be bound by these
Conditions of Sale. Any dispute, controversy, or claim arising out of or
relating to this agreement, or the breach, termination, or validity thereof,
brought by or against Jackson's International Auctioneers and Appraisers (but
not including claims brought against the consignor by the purchaser of lots
consigned hereunder) shall be resolved by legal action brought in Blackhawk
County, Iowa as the sole place for jurisdiction and litigation of any issues
between the parties.
EXHIBITION-
To accommodate prospective buyers, all items offered for sale are available for
viewing the Saturday and Sunday prior to the auction from 10am-5pm and Monday
through Friday prior to the auction from 9am-8pm. We encourage all prospective
buyers to personally inspect or have their agent inspect property before bidding
to determine its condition and whether or not it has been restored, repaired or
altered.
CONDITION OF LOTS-
The items sold are often of considerable age and will exhibit wear, usage and
damage often not listed in the catalog entry. The
absence of condition remarks in the catalog entry DOES NOT mean the item is in
perfect condition. Prospective buyers are in ALL CASES responsible for
determining the physical condition of lots. No employee or agent of
Jackson's International Auctioneers and Appraisers is authorized to make on our
behalf or on that of the consignor any representation or warranty, oral or
written, with respect to any property. Therefore, if a prospective bidder has
not examined the property to their satisfaction before the sale, or his/her
agent has not inspected the property, Jackson's recommends that they not bid on
the property. All dimensions are approximate. The condition of frames is not
guaranteed.
A NOTE TO BUYERS OF ECCLESIASTICAL-
Jackson's maintains the right to reject any bid from persons bidding on certain
ecclesiastical items such as chalices, monstrances, and reliquaries if
Jackson's, in their own discretion, feels that the buyer of such items would use
them for any other reason than what they were originally produced for.
BIDDING-
All bidders are required to have a bidding number. You may register for a
bidding number during viewing, on line or during the auction. There is no charge
for a bidding number. All lots will be sold in numerical order according to the
printed catalogue and approximately 100-120 lots will be offered per hour. If
you are unable to attend the auction in person, but wish to participate,
Jackson's offers two convenient ways for you to do so: absentee bidding and
telephone bidding.
ABSENTEE BIDDING-
To submit an absentee bid, simply list the lot number(s), description and
maximum bid amount on the on-line
Absentee/Phone bid form. Bids will be accepted in whole dollar amounts only.
No "buy" or "unlimited" bids will be accepted. When leaving absentee bids,
please make sure your bids fall within the proper bidding increments explained
under the heading: BID INCREMENTS. Our representatives will bid competitively on
your behalf, trying to purchase the lot for the lowest price possible. Due to
the nature of competitive bidding, this may result in a lot being sold to an
in-house bidder at or just below your maximum bid amount. Bidding limit does not
include buyer's premium, tax and/or shipping. Tie bids are decided in favor of
the earliest postmark or fax date. A 20% deposit by check or credit card will be
required of all absentee bids. All on-line bid requests must be received in the
office by 12:00 noon on the day preceding the start of the auction to
participate.
TELEPHONE BIDDING-
All arrangements for telephone bidding should be made as early as possible.
Phone bidding will not be accepted for items valued under $500 and you must be
willing to at least, bid up to the low estimate. A representative will call you
approximately 2-5 minutes prior to desired lot being offered. Incoming calls
will not be accepted. Because phone space is limited, phone bidding is offered
on a first come first served basis. All bid reservations taken by telephone must
be confirmed in writing by 12:00 noon the day before the start of the sale.
Phone bids will be executed only with a signed bid form and 20% deposit.
BID INCREMENTS-
Bidding may open above or below the low estimate and advances in the following
order, although the auctioneer may vary the bidding increments during the course
of the auction. When leaving absentee bids, please make sure your bids fall
within the proper increments.
$0-$200 $10
$200-$500 $25
$500-$1000 $50
$1000-$2000 $100
$2000-$5000 $200
$5000-$10,000 $500
$10,000+ $1000 or auctioneers discretion
SUCCESSFUL BIDS-
Successful bidders will be notified and invoiced the week following the sale.
All bidders will receive a list of sale results if they purchased the sale
catalogue or enclose a stamped self-addressed envelope with their absentee bid
form.
SHIPPING-
All successful absentee bidders may request a shipping quote to be sent with
their invoice. This shipping quote includes the cost of standard shipping as
well as charges for materials and labor. Please indicate any special shipping
instructions on the bid form. Purchases paid by personal check will not be
shipped until funds have cleared our bank. Jackson's is not liable for any
damage to purchases that are not removed from our property within seven (7)
business days after the auction. |