CONDITION OF SALE
1. All property is sold "AS IS". Neither Houston Antique Auction, nor the seller makes any warranty or representation with respect to the property, and they shall not be responsible for the correction of the catalogue or other descriptions of the property. The descriptions of the condition of articles in this catalogue, including all references to damages or repairs, are provided as service to interested persons, but are not warranted to be correct. Accordingly, all lots should be viewed personally by prospective buyers to evaluate the condition of the articles offered for sale. While all attribution in this catalogue to authors, artists, dates and periods are based on the qualified opinion of our specialists, such attributions are not to be relied upon as unqualified statement which is warranted to be correct. Therefore, all attributions to authors or artists and description of the condition of such lots are not warranties.
LACK OF CONDITION REPORT DOES NOT NECESSARILY INDICATE FREEDOM FROM DAMAGE OR DEFECT, NOR DOES IT CONSTITUTE ANY SUCH WARRANTY.
2. Some of the lots in this sale are subject to a reserve. The reserve is a confidential price agreed upon by the seller and auctioneer, below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Houston Antique Auction, will execute such reserves by bidding for the seller.
3. Houston Antique Auction adheres to all state and federal regulations with regard to such items as are subject to oversight or trade restriction in any way.
INTERNATIONAL CLIENTS ARE INELIGIBLE TO BID ON ANY ITEMS SUBJECT TO CITES (CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES) RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ITEMS MADE OF IVORY AND HORN.
THESE ITEMS WILL BE SOLD ONLY WITHIN THE UNITED STATES, EXCEPT TO THE FOLLOWING: CALIFORNIA, NEW YORK, NEW JERSEY, AND CONNECTICUT.
IT IS THE SOLE RESPONSIBILITY OF THE PURCHASER TO OBTAIN ANY NECESSARY DOCUMENTATION OR PAPERWORK (INCLUDING, BUT NOT LIMITED TO, LICENSES, PERMITS, AND/OR CERTIFICATES), PRIOR TO FINALIZATION OF SALE. THE PURCHASER IS FULLY AND SOLELY RESPONSIBLE FOR TIMELY, IN-FULL PAYMENT, REGARDLESS OF CIRCUMSTANCES, INCLUDING DELAY OR DENIAL OF DOCUMENTATION OR PAPERWORK. SALE OF THIS ITEM IS CONTINGENT UPON PURCHASERS SWORN AGREEMENT TO COMPLY WITH ANY AND ALL REGULATIONS AND RESTRICTIONS REGARDING THE TRADE OF ENDANGERED SPECIES / CITES ARTICLES. HOUSTON ANTIQUE AUCTION RESERVES THE SOLE RIGHT TO REJECT ANY BID OR TO VOID THE SALE OF ANY SUCH ITEM AT THE COMPANY'S DISCRETION.
4. Houston Antique Auction, reserves the right to withdraw any lot before or at the sale.
5. The highest bidder acknowledged by the auctioneer shall be the buyer. The Auctioneer has the right to reject any bid. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser.
6. All merchandise purchased must be paid for on the day of the sale and removed from the premises within seven (7) days following the date of sale. Houston Antique Auction may impose, at the company's sole discretion, and the purchaser agrees to pay, a minimum storage fee of $50.00, plus an additional fee of $10.00 per day, to be applied for any lot not removed by the purchaser or purchaser's agent within fourteen (14) days following the date of sale. Customers failing to remit successful payment in full for their purchases within seven (7) days following the date of sale may be subject to non-paying bidder disputes being filed with the bid platform(s). Houston Antique Auction shall have no liability for any damage to property left on its premises. At the sole discretion and option of Houston Antique Auction, any and all merchandise not retrieved by the purchaser within the aforementioned fourteen (14) day period may be transferred to, and stored at, a third-party storage facility at the purchaser's expense, and the purchaser agrees to pay all expenses incurred thereby, including, but not limited to, transfer and storage fees. Purchaser agrees that all property not retrieved by the purchaser or purchaser's agent within ninety (90) days following the date of sale, become sole property of Houston Antique Auction and the purchaser forfeits all available rights to the property, and the purchaser relinquishes all rights to any refunds for properties not removed as stated.
7. Acceptable methods of payment include: cash, cashier's check, credit cards, PayPal and wire transfers. All payments are due upon receipt of invoice. Payments through PayPal will be charged a service fee of 4.0% (US) and 5.0% (International). Service fee for credit cards will be charged at 3.0% for (US) and 4.0% (International). Wire Transfers will be charged at $25.00 for (US) and $50.00 for (International).
8. All purchases are subject to the State of Texas 8.25% sales tax unless the Purchaser possesses and provides a Texas sales tax exemption number.
9. Houston Antique Auction, receives a commission from all property sold on hammer price for each item to be paid by the buyers as part of the purchase price ("Buyer's Premium"). Houston Antique Auction, will charge its Buyers Premium as follows:
From $1 to $5,000 22%
above $5,000 18%
10. Bidding on any item indicates your acceptance of, and agreement with, these terms and conditions and all other terms announced at sale.
11. Any and all announcements made by the Auctioneer will supersede previously communicated terms and conditions.
12. Houston Antique Auction, does not provide packing and shipping services in any capacity. Buyers are required to provide their own shipping. Houston Antique Auction, will provide shipping carrier information to buyers upon completion of payment for their items. Buyers can inquire for a shipping quote directly from the local shipping carriers.
13. If purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the price of all items for which it was the highest successful bidder, Houston Antique Auction, may exercise all of its rights and remedies under the law including (a)cancelling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and (b) offering at public auction, without reserve, any lot which the purchase has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
Auctioneer - Kelly McDaniel license #17012
