TERMS
1. Prior to the sale, ALL BIDDERS SHOULD CAREFULLY READ AND FULLY UNDERSTAND THE FOLLOWING TERMS. By bidding in this auction, you acknowledge that you, the Bidder are hereby agreed to be obligated by all of the terms and conditions of this auction.
2. All property is sold ‘As Is’ and ‘Where Is’ with all faults. All sales are final. The Auctioneer will not be held responsible for any variations in appearance of online photographs and measurement inaccuracy. The absence of any statement as to condition does not imply the lot is in good condition or otherwise free of wear, defect or effects of ageing. We recommend all bidders examine all items in which they have an interest, study all the provided online photo images. All interested bidders may inquire more information and condition report prior to the auction by sending us an email at: hollywoodartauction@gmail.com. It is the Bidder's responsibility to determine genuineness and/or authenticity, age, dynasty, production period, value or any other determinative factor BEFORE the bidder’s bidding. Hollywood Art Auction, Inc. does offer lots preview in person at our place two days prior the auction by appointment between 9:00 am - 5:00 PM (Eastern Time). If you require absolute certainty in all areas of authenticity, genuineness and production period, and the results of your evaluation leave uncertain in your mind, we recommend you should not bid on the item in questions. Our online catalogue descriptions are merely as an opinion, but not a guarantee. Neither the Auctioneer, the company nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, authenticity, genuineness, age, dynasty, production period, Kiln, value, provenance or condition of the property. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them, and agree to accept the lot being bid on ‘As Is’ and ‘Where Is’, with no objections after the sale closes. We do not give refunds.
3. However, within twenty-five (25) calendar days after the sale, prior to payment to the consignor of the sold lot, the buyer may submit, at his own expense, an opinion in writing from a recognized expert on the work regarding authenticity, genuineness or counterfeit, and within 15 calendar days after such notice the purchaser returns the lot to the Company in the same condition as when sold, and the purchaser, also within 15 calendar days after such notice, demonstrates to the Company's satisfaction, by providing properly executed and notarized affidavits by two (2) recognized scholars or experts in that particular field in which the lot is categorized, that it is counterfeit, the Company will refund the full purchase price. It is the buyer’s responsibility to make payment timely such that the property can be released and inspected within this twenty-five (25) calendar day time frame.
4. These Conditions of Sale as well as the purchaser's and Hollywood Art Auction, Inc. respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Florida. By bidding at an auction, whether present in person or by agent, order bid, telephone or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of Florida.
5. Dispute resolution any issues occurring dis-agreement between both parties, i.e. the buyer and Hollywood Art Auction, Inc. that cannot be resolved in anyway, then both parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute. If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Florida. Hollywood Art Auction, Inc. shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by a registered or a certified mail. Failure to in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party not prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. Buyer hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for Monroe County. Buyer further waives the right of jury trial, considering arbitration and reasonable means of reconciliation foremost.
6. The buyer shall be the highest bidder. Should a tie or dispute arise, the auctioneer, at his discretion, reopens the bidding between the high bidders until the property is sold. The auctioneer shall designate the winning bidder after each item is auctioned. The Auctioneer reserves the right to reject a bid from any bidder. The decision of the auctioneer is final and absolute. The auctioneer reserves the right to accept bids in any increments he feels is in the best interest of the seller. He also reserves the right to reject the bid of any person whose conduct, actions or adverse comments he feels are not in the best interest of the seller. The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction.
7. A 21% buyer's premium will be added to the hammer price of each lot for floor and phone bidders;
8. Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, all property offered subject to a reserve, which is the price below which the lot will not be sold. Reserve prices are always the confidential information of Hollywood Art Auction, Inc. and are not disclosed to bidders unless specifically stated as such during bidding. 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, to protect the seller’s reserve. Consignors also reserve the right to bid through the Auctioneer as agent on their own consignments. In the event that any reserve price of a lot is not exceeded by any bidder's bid, the Auctioneer in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. In the placing of any bid, the bidder understands and agrees that the bid placed, once accepted by the Auctioneer, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded.
9. All the payment must be paid via cash, personal check, business check, cashier's check, and bank wire transfer. Credit card and PayPal payment are not accepted at this moment. All the payment check should be payable to and mailed to: Hollywood Art Auction, Inc., P.O. Box 522349, Marathon, FL 33050. Our banking information is as follows: Bank of America 5401 Overseas highway, Marathon, FL 33050. For Domestic Wire Transfers use: ABA#/Routing number: 026009593 ACCT# 898097936894; For International Wire Transfers use: International SWIFT CODE: BOFAUS3N; ACCT# 898097936894. Please also include the $25.00 wire transfer Bank Charge fee.
10. All bills must be paid in full before leaving the premises the day of the sale. Online buyers must pay within 7 days, if an item goes unpaid for, two weeks after the auction, and we have not heard word from the buyer, we reserve the right to cancel the transaction and leave negative feedback with Liveauctioneers or Invaluable. If an item remains in our warehouse past 30 days, we will start charging $2.50 per day until removed.
11. Under no circumstances shall Bidder have any kind of claim against or anyone else if the Internet service fails due to power outage or work interruptions i.e. technical error correctly before or during the online auction. Hollywood Art Auction, Inc. will not be responsible for any missed bids from any source.
12. Buyers pay ALL SHIPPING, PACKAGING SERVICE and required INSURANCE costs. Hollywood Art auction, Inc. will provide and arrange shipping service of a purchased lot, with buyer’s written instructions, and full payment is made for all packing service, shipping and insurance charges in advance. Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. We will try to combine shipping for small items to reflect a discount for shipping. However, combine shipping does not apply to large items or insurance cost. All domestic mainland items are shipped via USPS and UPS ground unless otherwise specified or requested by the buyer. All international shipments are shipped via FedEx International Priority and DHL International Priority. By Bidding, the bidder agrees to our shipping, handling and insurance charges whether known or not to bidder at the time of bid. Our obligation for damage or loss of the lot ends once it has been turned over to the USPS, UPS or other shipping company for delivery. The winning bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier. We normally ship within 14 business days after the buyer's payment in full has been credited to our bank account (it may take up to 20 days to receive your item due to shipping and processing times). Bidders will receive an email with tracking information once their items have been processed for shipping. You are welcome to choose your own specific shipper or arrange personal pick- up at our place. All shipments require the receiver’s signature and each item must be insured, no exception. All items are insured for the full purchase amount, or the maximum amount allowed by the carrier and/or country of destination. Under no circumstances, will Hollywood Art Auction, Inc.’s liability to a purchaser exceed the full purchase price actually paid.
13. Certain lots (Lots start from #301 to the end lot #441) are consigned from a well- known art institute in China. Bidders agree that any of these lots to be only shipped from the art institute in China to a China address provided by the winning buyer, or personally pick up in China. If any bidder can not accept this precondition, we have the right to cancel or void the final sale.
14. The State of Florida Sales Tax is computed on this total purchase price. The purchaser will be required to pay Florida Sales Tax unless exempted through possession of a valid State of Florida Sales Tax number on file.
15. Auctioneer License #, Auction Business # and Business Address: Licensed by the State of Florida, Hollywood Art Auction, Inc. AB 3715. Principal Auctioneer: Zhiming Li AU4924. Business address: 58446 Morton Street, Marathon, FL 33050
