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By registering to bid on this auction you agree to the following terms and conditions.
The bidder must pay the commission and the transaction price within 15 days after receiving the invoice. An invoice is setting out the hammer price plus all other applicable charges, such as the buyer’s premium, taxes, and any additional charges that may apply.
If the bidder (buyer) fails to complete the payment within 15 days, our company has the right to dispute the unpaid lot and cancel the transaction. We only accept payment by wire transfer, check and credit card (buyer is responsible for the transaction fees).
If the buyer likes to schedule a pick-up, the full payment will be due prior to the event. If the bidder refuses to pay for the invoice after the successful bidding, the liquidated damages shall be 30% of the amount of the hammer price, which shall be responsible by the buyer.
For international payment, we only accept wire transfer. For all wire transfer, there is $30 Bank Fee Charge. For the American Credit Card, there is a 4% transaction fee.
1. All items are sold AS-IS, where is with all faults. There are no warranties or representations of merchantability of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and/or provenance and all of the property is sold as-is. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Images descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials, provenance or any other feature of items being sold. We recommend prospective bidders to examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not do refunds. All sales are Final. No statement is written or oral made by the auctioneer or any employee of Charlotte’s Auction, LLC shall be deemed a warranty or assumption of liability by Charlotte’s Auction, LLC or by any seller represented by Charlotte’s Auction, LLC
2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason. At the auctioneer's discretion, no bid of less than one half (1/2) the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery, unless authorized by the auctioneer. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the auctioneer has the right to withdraw the item from the sale.
3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying sold. When the auctioneer declares the item as sold, the title of property transfers to the successful bidder. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.
4. All Phone bidding and Absentee Bidder's Form are held in the strictest confidence and must be received before the auction date two days. No additional phone bids can be accepted on the day of the auction, including additions when speaking with a staff person on the phone. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half (1/2) the printed low estimate and gives the auctioneer the authority to open the bidding at that level. Charlotte’s Auction, LLC shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit.
5. Items should be shipped within one to two weeks after payment is received. Larger packages and international delivery may exceed this period. The bidder (buyer) agrees to pay the freight cost when bidding. The freight cost of each lot will be confirmed by the bidder (buyer) before the actual transport by the third party. Our company shall be responsible for any damage and loss before the lot is delivered and transported. The bidder is also advised to choose the amount of insurance for the completed lot to avoid the loss caused by damage or loss in the process of transportation (the service fee is not included in the transaction price of the lot and shall be paid by the user separately).
INTERNATIONAL BIDDERS ARE RESPONSIBLE TO MEET CUSTOMS/IMPORT-EXPORT REGULATIONS. WE'LL ASSIST BUT CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.
6. All purchases are subject to applicable Florida sales tax unless the Florida State Resale Certificate tax form is fully and completely filled out and received prior to the time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer’s country. Items shipped out of state may not be subject to sales tax.
7. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Charlotte’s Auction, LLC may seek all remedies under the law including canceling the sale and reoffering the property without reserve.
8. A buyer's premium will be applied to the purchase price of all items. It shall be 22% if bidding live, by phone or by absentee bids. If online Internet bidding is utilized, it shall have a 27%-28% buyer's premium added to the highest bid, it depends on different Platform's charge.
9. All items not picked up within Three months shall be assessed a storage fee of $5.00 per day, per item.
10. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. The buyer is responsible for any and all CITES permits.
11. All photos and descriptions posted on any online platform are the property of Charlotte’s Auction, LLC and are subject to US copyright laws. No photo or description may be used without the advanced written approval of an authorized Charlotte’s Auction, LLC agent. Use of unauthorized photos and descriptions may incur penalties.
12. If, in any judicial proceeding, a court shall refuse to enforce any of the terms contained within these Terms and Conditions, then such unenforceable terms shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate terms contained herein to be enforced in such proceedings.
13. The Terms and Conditions shall inure to the benefit of Charlotte’s Auction, LLC., its successors and/or assigns and may not be terminated, amended, or modified, except by an instrument in writing executed by Charlotte’s Auction, LLCInc.
14. All disputes and claims arising out of or relating to events and actions covered herein, brought by or against us, shall be resolved by mediation or binding arbitration in accord with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor, including, but not limited to any action brought pursuant to the rescission provisions noted above.