拍賣規則
FIVE STAR NV AUCTION HOUSE LLC 作爲賣家代理人。
本圖錄說明的拍賣物品是公司所有的，或是賣家委託本公司進行拍賣的物品。凡參加本公司展示的文物，藝術品等收藏品的拍賣活動者，應該依照本規定進行。競買人參加本公司拍賣活動，作出了競投，均等於同意本拍賣規則。
拍賣前
本公司鄭重建議，競投人應該在拍賣進行之前儘可能的細緻鑑定拍賣之物品。本公司在目錄或鑑定意見書中，對任何拍賣品之作者，來歷，日期，年代，尺寸，材質，歸屬，真實性，出處，保存狀態和估價之陳述，或另行對此等方面之口述以及書面相關陳述，純屬公司意見之陳述，不應作爲確實事實之陳述。也不應作爲拍品真僞的依據。本公司不提供著錄書刊等資料原件和複印件。並且保留修訂引述說明的權利。FIVE
STAR NV AUCTION HOUSE LLC 及賣家不陳述買家取得拍賣物品圖片版權。而且本公司保留圖錄所有的著作版權。
拍賣時
本公司有權拒絕任何人進入拍場，註冊，以及拒絕參加本公司的任何形式的拍賣活動。
拍賣前登記
準買家在作出競投前，必須填妥及簽署登記表格。並提供身份證明。準買家應該接受本公司對其進行信用核查。亦有權對買家收取一定金額的保證金。（網絡競拍者要求提供真實的信用卡資料。）
以當事人身份競投
每名競投人均被視爲買家有效之行爲。必須承擔所有個人法律責任。
委託競投
非競投人本人，在拍賣時必須向本公司出示書面有效的委託，代理人文件。其一切競投行爲被視爲買家本人行爲，必須承擔所有個人法律責任。
電話競投
競投人應該在拍賣前於本公司完成委託競投相關事宜，本公司將儘力聯絡競投人，使其能以電話方式競投。但在任何情況下未聯絡到競投人，本公司和賣家以及競投人都不承擔任何責任。
網絡上競投
競投人必須遵守網絡拍賣規則及條款。若出現技術故障，或通訊故障而造成的任何錯誤或競投遺漏。本公司將不負任何責任。
保留價
若拍品有保留價，（保留價是指，保密的，不得底於拍賣底價成交。）
拍賣官之裁定權
拍賣官具有絕對的決定權和裁定權。亦有拒絕競投權。以及決定使用任何方式推動出價，如拍賣過程出現誤差，爭議。拍賣官有絕對的裁定權。有撤回重拍權。拍賣官的裁定將以本公司的拍賣紀錄爲依據。
成功競投
在拍賣官的決定權下，下槌即顯示對最高競投之接受，亦即爲賣家於買家之成功拍賣合約的確立。即表明競投人成爲拍賣標準的買受人。若有競投者之間爭議，成功競投人有拍賣官裁定。或有拍賣官決定重新拍賣有爭議的拍品。拍賣官落槌時所有權和風險責任均轉移到買家。
拍賣後
買家支付服務費：買家除必須支付落槌價外，還必須支付本公司的服務費和相關稅費。
落槌 / 買家佣金
出價方式 FIRST PORTION FROM
出價方式 $ 0-1,000,000 $ 1,000,000 and above
In house 22% 12%
Fivestarnvauctionhouse.com 25% 15%
Liveauctioneers.com 25% 15%
付款時間
買方必須自拍賣成交日起7天內向FIVE STAR NV AUCTION HOUSE LLC 公司一次性支付（包括落槌價，佣金，稅費，出境鑑定費，打包費，運費等各項雜費）支付時可以用私人支票、現金、美國銀行本票、匯票、其他支付方式應需要先於本公司洽談。
FIVE STAR NV AUCTION HOUSE LLC 保留權利等待支票兌現後交付買受人所購得之物品。如果支票無法兌現，買受人應該支付本公司$100的服務費。
注意稅務法規
買受人必須關注相關的稅務法規。
領取競投物品，包裝及運輸
本公司在收到買受人支付全款7天內，負責推薦包裝公司和搬運公司。對於本公司向買受人推薦的包裝公司和搬運公司所造成的一切錯誤，遺失。損壞等，本公司一概不承擔任何責任。本公司不釋放未付清的以及未經買受人書面授權搬運公司之任何要求。
不付款
如果買受人未在7天內付款，本公司即有權行使以下權利和補救辦法。
1）每30天按日收取依賣價（含佣金）15%計算的違約金。
2)對買受人提起訴訟。要求賠償本公司因其違約造成的一切損失，包括因買受人遲付或拒付造成的利息損失。
3）取消交易
4）再進行拍賣或以其它方法出售該拍品，買受人除必須支付上述費用外還必須支付再次拍賣的一切費用。如果造成再次拍賣差價損失，買受人一併必須承擔。
5）本公司有權另行追索任何費用。
6）從此不得參加本公司任何形式的拍賣活動。
本公司不對任何拍品的真僞作任何責任保證及法律責任。
本拍賣規則依據內華達州法律規限本公司。本拍賣規則之解釋權和有效力均適用內華達州法律。爲本公司之利益而言，買賣家必須服從內華達州地區法院之排他性管轄權。若此拍賣條款有於法律向衝突，已正確法律爲準。捨棄衝突條紋，其他合法條紋規則繼續執行之。
修改權
本規則的修改權屬於本公司。本公司有權隨時對本規則依法進行修改。本規則以英文爲標準文本。中文文本爲參考文本。
Guide for Prospective Sellers
Evaluation of Property
If you have property you wish to sell, please call our Consignment Department at 775-853-2338 to arrange for a consultation. At that time, you may make an appointment to bring your property or photographs, along with any other pertinent information, to Five Star NV Auction House LLC, and we will be happy to provide you with complimentary estimates and advice. If you have a large collection, an appointment may be made to evaluate the property on-site. Fees for on-site visits may vary.
Standard Commission Rates
Our standard rate of commission is equal to fifteen percent (15%) of the hammer price on each lot sold for $4,000 or more, and twenty-five percent (25%) of the hammer price on each lot sold for between $1.00 to $4,000.
Shipping Arrangements
Five Star NV Auction House LLC can advise you as to how to have your property delivered to our company. Packing, shipping and insurance are payable by the seller. In certain instances, packing and shipping costs may be paid by Five Star NV Auction House LLC, and deducted from the proceeds of the sale. We may recommend packers and shippers, but we are not responsible for their acts of omissions.
Guide for Prospective Buyers
Conditions of Sale
Five Star NV Auction House LLC encourages all prospective buyers to read the Conditions of Sale printed in this catalogue.
Exhibitions
Five Star NV Auction House LLC recommends that all prospective buyers attend the pre-sale exhibition prior to the auction. Staff members are available at our pre-sale exhibition to advise prospective buyers on particular objects or on any aspect of the bidding process.
Estimates
Five Star NV Auction House LLC provdes catalogue descriptions and pre-auction estimates for each lot included in the sale. These estimates are a guide for prospective bidders. They are not definitive. All pre-sale estimates are subject to revison.
Condition Reports
We are happy to provide a condition report for lots with a low estimate of $300 and above. Nevertheless, intending buyers are reminded that condition reports are statements of our opinion only, and that each lot is sold “AS IS”, per our Condition of Sales, as outlined in the back of this catalogue. All lots should be viewed personally by prospective buyers or their agents to evaluate the condition of the property offered for sale due to the highly subjective nature of condition reports.
Bidding at Auction
The highest bidder acknowledged by the auctioneer will be the purchaser. In addition to the hammer price, they buyer agrees to pay Five Star NV Auction House LLC a buyer’s premium as well as any applicable taxes.
Bidding generally opens at half the low estimat and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction.
The normal bidding increments are:
$0-$1,000 $50
$1,000-$2,000 $100s
$2,000-$5,000 $200/400/600/800s
$5,000-$10,000 $500s
$10,000-$20,000 $1,000s
$20,000-$50,000 $2,000/4,000/6,000/8,000s
$50,000-$100,000 $5,000s
$100,000-$200,000 $10,000s
Over $200,000 By at Auctioneer’s discretion
In-House Bidding
Live bidding at Five Star NV Auction House LLC is by paddle only. Please register for a paddle at the entrance of the sales room. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.
Online Bidding
Five Star NV Auction House LLC allows absentee and live bidding through our website: http://fivestarnvauctionhouse.com as well as absentee and live bidding through third party online bidding providers which vary by sale. For more information regarding online bidding please visit our website at http://fivestarnvauctionhouse.com
Absentee Bidding
If you are unable to attend an auction, you may use the absentee bid form provided at the back of this catalogue. Five Star NV Auction House LLC will exercise written order bids and telephone bids at no additional charge. Lots will always be sold as inexpensively as is allowed other bids and reserves as are no our books or bids executed in competition from the audience.
Tax Exempt Notice
Lots marked with an asterisk (*) are tax exempt as permitted by law.
Conditions of Sale
Five Star NV Auction House LLC As Agent
The lots listed in this catalogue will be offered by Five Star NV Auction House LLC as owner or as agent for consighor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
Before The Sale
Prospective buyers are strongly advised to personally any property in which they are interested before the auction takes place. Condition reports are usually available on request, on lots with a low estimate of $300 and above. All lots are sold “AS IS” and without recourse and neither Five Star NV Auction House LLC nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Five Star NV Auction House LLC nor its consignor(s) makes any express or implied or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effect of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Five Star NV Auction House LLC and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproducion rights to any lot sold. Five Star NV Auction House LLC expressly reserves the right to reproduce any image of the lots sold in the catalogue.
At The Sale
Refuse of Admission
Five Star NV Auction House LLC has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Registration Before Bidding
A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.
Bidding As Principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Five Star NV Auction House LLC before the commencement of the sale that the bidder is acting as agent on behalf of an indentified third party acceptable to Five Star NV Auction House LLC and that Five Star NV Auction House LLC will only look to the principal for payment.
Absentee Bids
We will use reasonable efforts to carry out written bids given to us at least 24 hours prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be place in U.S. dollors. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a fee service undertaken subject to other commitments at the time of the sale and we do not accept liability for falling to execute a written bid or for errors and omissions in connection with the written bid.
Telephone Bids
On lots with a law estimate of $300 and above and of a prospective buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liablility for failure to do so or for errors and omissions in connection with telephone bidding.
Online Bids
You will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Reserves
Some lots in the sale are subject to a reserve which is the confidential minium price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or in the absence thereof, the absolute discretion of Five Star NV Auction House LLC.
The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
Acutioneer’s Discretion
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as the or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid
The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of dispute between bidders, the auctioneer had final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the Five Star NV Auction House LLC sale record shall be conclusive. Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
After The Sale
Buyer’s Premiun
In addition to the hammer price, the buyer agrees to pay Five Star NV Auction House LLC a buyer’s premiun and applicable sales tax added to the final total.
Hammer Price/Buyer’s Premium
First Portion from
Bidding Option $0-1,000,000 $1,000,000 and above
In house 22% 12%
Fivestarnvauctionhouse.com 25% 15%
Payment
The buyer must pay the entire amount due (including the hammer price, buyer’s premiun, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollor may be made with cash; bank check or cashier’s check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with Five Star NV Auction House LLC reserves the right of hold merchandise purchase by personal check until the check has cleared the bank. The purchaser agrees to pay Five Star NV Auction House LLC a handling charge of $50 for any check dishonored by the drawee.
Tax Exempt Notice
Lots marked with an asterisk (*) are tax exempt as permitted by law.
Collecting Purchase
Once Five Star NV Auction House LLC has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
Packing and Shipping
If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers of packers whether or not recommended by us. Property will not be released to the shipper without the buyer’s written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Five Star NV Auction House LLC will have no liability of any loss or damage to such items.
Non Payment
If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price.
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In additon, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser’s obligations to us, any property in out possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier’s checks, we have confirmed their authenticity.
e.) to offset against any amount owed
f.) to not allow any bids at any upcoming auction by or on behalf of the buyer
g.) to take other action as we find necessary or appropriate
Failure to Collect Purchases
If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, Five Star NV Auction House LLC reserves the right to charge $5 per day or to deliver said property to a public warehouse for storage at the purchaser’s expense. Five Star NV Auction House LLC shall have no liability for any damage to property left on its premises for more than fourteen (14) days following the sale. In addition, we reserve the right to impose a later charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and nay other fees being remitted to you.
LIABILITY
Condition Reports
Five Star NV Auction House LLC is not responsbile for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as requeird by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Five Star NV Auction House LLC shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Navada. If any part of these Condition of Sale is found by any court to be invaild, illegal or unenforceable, that part shall be discounted and the rest of the conditons shall continue to be vaild to the fullest extent permitted by law.
Discretion
Any and all of the conditions may be waived or modified in the sole discretion of Five Star NV Auction House LLC.
