All property offered and sold through Auctions Imperial, (hereinafter referred to as the “Company” or the “Auctioneer”) 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.
Auctions Imperial has made every effort to catalogue and describe accurately property to be sold. The Company, 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. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.
ALL PROPERTY IS SOLD “AS IS.” AUCTIONS IMPERIAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. AUCTIONS IMPERIAL MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall the Company be responsible for the correctness, nor be deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. All bidders acknowledge their right to have made inquiries regarding any and all properties prior to sale and agree to be charged with all matters such inquiries may have disclosed or indicated.
Auctions Imperial reserves the right to withdraw any property at any time before the fall of the hammer at its sole and exclusive discretion.
Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. The Company reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company’s sale record shall be conclusive in all respects.
If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined at the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within ten (10) days of sale and, if not so removed, may be sold by the Company, or placed by the Company in secure storage, at the sole risk and charge of the purchaser(s), and the Company may pursue the purchaser(s) through civil prosecution and/ or bar the purchaser(s) from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company’s possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including secure storage, the expense of the ultimate sale, and the Company’s commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment by US buyers shall be by credit card, check, money order, certified check, bank wire or ACH, or any other method approved by the Company. Buyers outside of the US must pay by bank wire or ACH, credit or debit card, unless they have made prior arrangements with the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of ten percent (10%) per week on any balance remaining 10 days after the day of sale. Any exceptions must be made upon the Company’s written approval of credit prior to sale.
Unless the sale is advertised and announced as “without reserve”, each lot is subject to a reserve price below which the lot will not be sold. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the Broker’s Commissions, and all sales are subject to any such interest.
No “buy” bids shall be accepted at any time for any purpose.
Any pre-sale, aka absentee, bids must be left in writing with the Company or placed in Hibid prior to commencement of offer of the first lot of any sale. The Company’s copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid.
A buyer’s premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer’s premium is 24.9% of the successful bid price up to and including $200,000.00 and 22% on any amount in excess of $200,000.00. As a convenience to its customers who wish to bid and buy online, Auctions Imperial has contracted the services of the following third-party bidding platforms: Live Auctioneers, Invaluable, Bidspirit and Hibid. Please note that Live Auctioneers and Invaluable place an additional percentage to the total invoice. For details, terms and instruction on how to bid and buy online using these systems, please proceed to these platforms’ FAQ pages. The user of Live Auctioneers, Invaluable, Bidspirit or Hibid indemnifies and holds the Company and its Consignors harmless against any claim arising out of or resulting from use of Live Auctioneers, Invaluable, Bidspirit or Hibid, including all losses, damages, liabilities, and all fees (including attorney’s fees,) costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Company and its Consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, these third-party bidding platforms.
Lots won by successful bidders who have arranged for packing and shipment through Auctions Imperial will be shipped within ten (10) days of receipt of payment. Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes, Customs Duties or VATs. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state. Auctions Imperial is not responsible for shipping issues, foreign or domestic, once lots have been released to the carrier. Auctions Imperial is not responsible for foreign shipping issues, including foreign shipping carriers, import laws, required documents by foreign states, or fees of any type associated with any of the foregoing. It is exclusively the bidder’s responsibility to check the legality of foreign shipments and availability of foreign shipping services.
All bidding formats require valid credit card information on registration on any third-party bidding platform, telephone or absentee bid forms. Auctions Imperial will treat this credit card as the method of payment for all outstanding invoices. We will charge this credit card for any winning bid at conclusion of auction. If the credit card purchase is declined at that time, Imperial Auctions reserves the right to begin collection proceedings, up to and including legal action. Purchaser will be liable for all costs associated with those proceedings. By registering, in person or online, you hereby acknowledge and agree to the preceding.