Terms and Conditions of Sale
All property offered and sold through Auctions Imperial, (hereafter 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, condition, or weight, count, or measure of any property identified in its sale catalogue. 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. Bidders are advised to study the photos provided and to read the descriptions carefully before bidding. In the case of uncertainty, bidders are invited to contact us with questions by calling (323) 851 2345 or emailing [email protected] prior to bidding.
All property is sold “As Is.” All sales are final. 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. Auctions Imperial takes no responsibility for, and is unable to assist in, settling claims for lost or damaged items shipped by us if reported more than 30 days following the date of shipment.
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. No statement by any employee in the catalogue, in any advertisement, at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation of any assumption of liability. All bidders acknowledge their right to have made or requested specific information of any and all properties prior to sale and agree to be charged with all matters such information 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 upon receipt of invoice. If not paid within 7 days, storage and insurance charges will be applied. Lots must be removed promptly upon payment. If not, they may be sold by the Company, or sent by the Company to a public warehouse, 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. Our shipper uses Fedex Home or Fedex Ground Delivery Service for all domestic shipments unless otherwise requested. For reasons of insurance compliance, all shipments require a signature release; further, bidders are not permitted to provide their own shipping labels for any reason.
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 warehousing, 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 or debit card, personal check if approved in advance, money order, certified check or similar bank draft, or any other method approved by the Company. Buyers outside of the US must pay by credit or debit card or wire transfer unless they have made prior arrangements with the Company. Checks will not be deemed to constitute payment until cleared. Credit or debit card transactions incur a 3.5% transaction fee by our card processor. The Company will charge interest of four percent (4%) per week on any balance remaining ten (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, a.k.a. absentee, bids must be placed digitally on our website or left in writing with the Company 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. Bidders who register to bid through bidding platforms including, but not limited to, Liveauctioneers and Invaluable, will pay an additional percentage. Please consult these platforms for specific amounts. Auctions Imperial has engaged the services of these platforms as a courtesy to its customers who wish to bid and buy online. Please proceed to www.liveauctioneers.com and www.invaluable.com for all necessary information on how to bid and buy online using these systems. The user of these or other sites offered by Auctions Imperial indemnifies and holds the Company and its Consignors harmless against any claim arising out of or resulting from their use, 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 sites. Lots won by successful bidders who have paid their Auctions Imperial, Liveauctioneers or Invaluable invoice in full will be shipped in order of payment, without exception.
Clients are required to provide valid credit card information in order to complete internet, telephone and absentee form registration. Auctions Imperial will treat this credit card as the method of payment for all outstanding invoices unless the client has made arrangements prior to the sale with and received approval from the Company for an alternate method of payment. We will charge this credit card for any winning bid at conclusion of auction; our card processor adds a 3.5% fee to all card transactions. 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.
FOR THE CONVENIENCE OF WINNING BIDDERS, PACKING & SHIPPING ARE PROVIDED THROUGH A.I. SHIPPING. THE COST OF THIS SERVICE IS CLEARLY INDICATED UNDER “SHIPPING” ON YOUR INVOICE. PLEASE CONTACT [email protected] DIRECTLY TO MAKE SPECIAL PACKING AND SHIPPING ARRANGEMENTS OR TO ADJUSTMENT YOUR SHIPPING ADDRESS, AS WELL AS CLAIMS FOR LOSS OR DAMAGE. BY USING THIS SERVICE, YOU AGREE THAT AUCTIONS IMPERIAL IS NOT RESPONSIBLE FOR DAMAGE, LOSSES, DELAYS OR MISDELIVERIES WHICH MAY OCCUR IN SHIPPING. For reasons of security, Auctions Imperial does not allow on-demand pick-ups of won lots under any circumstances. We consider pick-up requests on a lot by lot basis, however these must be made and approved at least seven (7) days before the beginning of the sale. There are absolutely no pickups under any circumstances from our Cheyenne, WY. address.
ALL ITEMS ARE PURCHASED ‘AS IS’ AND ‘WHERE IS’ WITHOUT WARRANTY. ALL ITEMS MUST BE PAID IN FULL BEFORE THEY CAN
BE RELEASED TO SHIPPER.
Unless exempted by a government-issued permit 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 collected by Liveauctioneers and/ or Invaluable, or any other entity associated with the purchase and shipment of lots won at Auctions Imperial. Foreign bidders are advised that shipment to their individual state, customs and/ or other importation forms and fees are the sole responsibility of the buyer.
By registering to bid with Auctions Imperial, either directly or indirectly through a bidding platform which includes but is not limited to BidSpirit, Liveauctioneers and Invaluable, you the bidder acknowledge that you have entered into a legally binding contract with Auctions Imperial to pay in full the invoice tendered by us to you within 72 hours of the end of an auction. This invoice is due and payable upon receipt. There is no grace period. Non-paying bidders become guilty of a breach of contract. Auctions Imperial takes legal action against such breaches to recover the full amount of the invoice, together with damages due to breach by non-payment and all legal fees. In the United States, this may be taken up in municipal or superior court, depending upon the mount.
These Conditions of Sale and the Buyer’s and our respective rights and obligations hereunder are governed by the laws of the State of Wyoming. By bidding at an auction, each Buyer 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 Auctioneer shall be resolved by legal action brought in Laramie County, Wyoming as the sole place for jurisdiction and litigation of any issues between the parties.
