PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE.
PREMIER AUCTION GALLERIES, LLC TO BE IDENTIFIED AS PAG ON ALL CONTEXT PAGES.
TERMS AND CONDITIONS: The below listed "Terms and Conditions" are the complete and only understanding on which property to be sold '' Unless Stated Otherwise Before Start of Auction ''
1. CAVEAT EMPTOR: The property purchased at Premier Auction Galleries is sold "AS IS" without any representations or warranties, express or implied, by PAG or its consignor(s) as to themerchantability, fitness for a particular purpose, or description of any property. Any condition statement is given as a courtesy to the client, is only an opinion and should not be treated as a statement of fact. PAG shall have no responsibility for any error or omission. The buyer should assume all items are not free from wear and tear, imperfections or the effects of aging. All prospective buyers are strongly advised to examine any property in which they are interested in before the auction takes place. ''All Absentee and Phone bids are accepted with the understanding that you bid as if you examined the property in person or had a reprentitave do so for you.'' All items are available for viewing during auction preview hours. Or by appointment. BY BIDDING ON AN ITEM ,you are entering into a binding legal contract. if you have not responded to our correspondence by the close of the 15th day after the close of auction, or made firm payment arrangements, we reserve the option to make the items ''no sales'' cancel the transaction, and for any On Line Auction Company buyers Post an NPB on buyer through said company.
2. BUYER PREMIUM, SHIPPING, SALES TAX: a charge of 18% (3% discounted for in house bidding with cash or good check ) will be added to the final bid price (up to 21% FOR ANY ON LINE BIDDING COMPANY, effective immediately), and is payable by the buyer, RETAINED BY PREMIER AUCTION GALLERIES and not part of consignors proceeds,, as well as Ohio sales tax unless the property is being shipped to a state other than Ohio, or the property is purchased for resale under a proper State resale number, or other legal exemption. Property that is picked up in person is subject to Ohio State sales tax.
3. PAYMENTS: Premier Auction Galleries, DOES NOT ACCEPT PAY PAL.,, cash, bank or certified checks, wired funds, or personal checks drawn on a Ohio bank, are acceptable forms of payment, property may be immediately picked up or shipped after all full and cleared payments are paid to PAG..Personal checks drawn on out of state banks are acceptable; however, property may not be picked up or shipped until the 12th day following receipt of the check. or check has cleared our bank. In Premier Auction Galleries sole discretion, a sale may be nullified if payment is not received from buyer within 15 days of the close of auction
4..RESERVE AND DISPUTED BIDSSome Lots in the Sale may be subject to a confidential reserve below which the Lot will not be sold. The reserve will not exceed the low estimate of the Lot. The Auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.'' in case of competing cross bids auctioneer may raise bid to the next bid above lowest competitive bids '' IN CASE ifany dispute arises after a sale, Premier Auction Galleries sale record shall be conclusive and final.
5. MISCELLANEOUS: (a) all measurements and weights are approximate, (b) PAG does not provide shipping services, buyers are responsible for shipping arrangements, and any/all shipping charges are the responsibility of the buyer (c) PAG, in its sole discretion, reserves the right to refuse a bid or withdraw property for any reason prior to the final auction close, (d) Dargate will decide any bidding disputes, (e) Premier Auction Galleries will not be responsible for computer breakdowns, viruses, interruptions, or programming errors, (f) if purchased property cannot be provided by Dargate for any reason, the sale shall be deemed cancelled without any liability to Premier Auction Galleries. (g) Under no circumstance will Premier Auction Galleries liability exceed the purchase price of an item. (h) Legal matters will be governed under the laws of the State Of Ohio ,,,. The conduct of the auction and all transactions associated with it, the Terms and Conditions herein set forth, together with the rights and obligations of Premier Auction Galleries, Consignor and Buyer are governed by the laws under the jurisprudence of the State of Ohio. If any part of these Terms and Conditions is found by an Ohio court to be invalid, illegal or unenforceable that part will be discounted and the rest of the Terms and Conditions will continue to be valid to the fullest extent permitted by law.
6. IF PURCHASED LOT, for any reason, 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, then Premier Auction Galleries shall not be liable for any amount in excess of that paid by the purchaser
7. BUYER'S OBLIGATIONS: (a) Pay promptly in good funds, (b) buyer pays for and arranges all shipping, insurance and packing costs, (c) buyer must remove or cause property to be shipped from Premier Auction Galleries premises within 15 days of the auction close. Storage charges of $5.00 per item per day will be incurred by the buyer beyond the 15 day limit and must be paid before the property is released. 45 days after the close of auction, Dargate may dispose of left property without reserve, and without notice to the purchaser. Items left for a length of time where storage fees exceed the purchase cost of goods, PAG shall take possession of the items, and have the option of reoffering the merchandise with no obligation to the original buyer. (d) promptly advise PAG of any problems.
8. SHIPPING INFORMATION: PAG DOES NOT SHIP ANY MERCHANDISE As a service to our customers, PAG offers several shipping company suggestions at the “Contact” link on this website. PAG makes not guarantee of any services provided by the suggested shippers. The buyer is free to contact any shipping company they wish, and shippers are not limited to those suggested by PAG.
9. BIDDING INCREMENTS:unless otherwise indicated by the auctioneer, the following bid increments will be used. $ VALUE INCREMENT 0 TO 49 $2.50, 50 TO 299.00 $10.00 300.00 TO999.00 $25.00 1000.00 TO 2999.00 $50.00 3000.00 TO 4999.00 $100.00, 5000.00 TO 9,999.00 $250.00, 10.000.00 TO 19,999 $1000.00 20,000.00 TO 49,999 $2,500.00.,, 50,000.00 AND OVER $5,000.00
10. TITLE OF PROPERTY: Title of the property immediately passes to the highest bidder acknowledged when the hammer falls at which point the bidder assumes full risk and responsibility for theProperty. The buyer shall pay the full purchase price which includes Hammer price, together with the 15% buyers’ premium, plus any applicable taxes. Payment shall be made in cash, check, credit cards accepted by PAG. If payment is made by check PAG reserves the right to hold Property purchased until funds have cleared the bank. Buyer agrees to pay a handling charge of $50 for any check dishonored by the drawee.
11. ALL PRESPECTIVE BUYERS:ABSENTEE AND PHONE BIDS. Must register and provide two forms of identification before bidding. We may require bank letter of credit.All absentee and phone bids must be made 24 hours prior to sale times. Premier Auctions will not be responsible for failing to execute any bids or admission in connection with any such phone or absentee bids''. When we call or you call us to arrange iether an absentee or phone bid we will need a Visa or MasterCard number to verify your identity'' .For absentee bidders we will bid in a competive manner as if you were in attendance.PAG will not be responsible for failing to execute any bids for any reason. We offer this service as a courtesy to our customers who cannot attend the sale or who do not wish to be identified as a bidder. ''MISUNDERSTANDINGS CAN ARISE'' when an absentee bidder is unsuccessful and losses the bid to an identical bid or less that the one they left. This sitituation can occur when as the result of our monetary bidding increments to which we adhere to....TO PREVENT this sitituation we suggest that you leave a +1 to thier bid. By adding a +1 you give the representative the authority to go one more bid on your behalf...in some rare cases there may be two identical bids with +1 after them in that case we will accept the first one recieved by us in writing,,in case there was a +2 after a bidders bid then he or she will have been the highest bidder against your +1 bid.
12. Online Bidding: These Terms and Conditions are applicable to those buyers who work with us directly and not through Any On Line Internet Auction Company. For bidders who wish to bid with us through Any On Line Internet Auction Company please review there bidding and contract terms.
PREMIER AUCTION GALLERIES LLC.
PHONE 440 796-9040...... 440-725-7135
Privacy Statement PREMIER AUCTON GALLERIES considers the privacy and protection of its clients' personal data to be of utmost importance. To ensure that you feel confident about providing us with your personal information when communicating with us and using our services, we outline below our practices in relation to the collection and use of personal data. Changes may be made at any time.
Email In order to provide you with timely notice about upcoming auctions and events, PREMIER AUCTION GALLERIES may send you email notices based on your expressed interests. At any time, you may also send an email to email@example.com and request that your email address be removed from our lists.
Exceptions While we will not voluntarily disclose your personal data we may disclose such information if we are required to do so by a Court Order, if we are requested by government or law enforcement authorities, if we are required to do so pursuant to other legal processes, or if it becomes necessary to protect the rights or property of PREMIER AUCTION GALLERIES LLC.
Contact If you have any queries in relation to the use and protection of your personal data please contact us on firstname.lastname@example.org
PREMIER ACTION GALLERIES LLC. WILL BE IDENTIFIED AS PAG ON ALL CONTEXT PAGES
1. CONSIGNMENT: Consignor grants Premier Auction Galleries the exclusive right to sell his / her or its property at public auction. PAG will decide the auction at which the property will be auctioned. PAG may divide or combine the property into one or more separate lots. PAG will incur no liability for the postponement of any auction for any reason. PAG is not responsible for items left with the Auction Gallery that do not appear on the property receipt made out by a PAG employee. Any items left with PAG that do not appear on a property receipt are to be removed from the premises or the consignor will be charged storage fees, deductible from future sales proceeds 2. COMMISSIONS: PAG will receive 18% of hammer price for all lots sold (with a 3% discount for cash or good check..and lots for items sell on artfact-ebay or any on line company there will be an additional 5% charge to final hammer price. 3. RESERVES (MINIMUMS): Reasonable reserves will be accepted on certain consignments (the reserve items will be decided solely by PAG or its employees). PAG may be refuse any property that we may feel the reserve is too high or not in the best interest of both parties. (Any and all reserves accepted by PAG will be agreed upon by all parties involved before party is consigned to PAG. No property reserves cannot be raised after item is picked up or delivered to PAG. Consignor will be charged 5% of the reserve for lot not reaching reserve price. (There will also be a pick up and or re-deliver charge on all reserve lots unless agreed upon by PAG or its employees before property consigned to Premier Auction Galleries. 4. ADDITIONAL CHARGES: Consignor will pay all packing, handling, and transportation costs to PAG’s premises, as well as restoration and cleaning costs and costs of third party appraisals or expert advice to properly describe property or verify authenticity. Cleaning, restoration, and appraisal costs in excess of $35 will be approved in advance by Consignor. 5. INSURANCE OBLIGATION: Damage to or lost property will be the responsibility of PAG only whenand after PAG has possession of said property at its action facilities. (In case of 3rd party pick up not employed by Premier Auction Galleries at responsibility will remain solely with consignor or there respresentives). Not responsibility of PAG will be minor damages to frames, paintings or paper prints in frames due to not being properly secured in frames. Damage to glass or porcelains or pottery items etc. (Unless special terms agreed upon by both parties in writing or to being consigned or noted on consignment contract and signed by all parties involved. Not responsible for atmospheric prior flooding or acts of God will not be insured or the reasonability of Premier Auction Galleries. Our responsibility will only equal the cost of our low auction estimate. If no estimate or reserved has been established then either consigner must accept PAG low estaminet price or consigner may hire at their cost of outside appraiser to help determine value of damaged property. (Note property is not insured for replacement value only low estaminet market price at times of property being damage in the region it was sold at.) 6. PAYMENTS: PAG will mail the sales proceeds to the consignor, net of all commissions and costs, within 30 days after the auction close, together with a full accounting thereof. 7. CLAIMS BY BUYERS: If, within 20 days from the auction close, the buyer of any property demonstrates to PAG’s satisfaction that the property purchased is not authentic or is materially different from its catalogue description or other PAG representations, PAG may, in its sole discretion, may delay payment to the consignor (if not yet paid under Paragraph Number 6), rescind the sale, and refund the full purchase price to the buyer. If the Consignor has been paid under Paragraph Number 6, Consignor will remit to PAG the proceeds previously received for the rescinded sale. (These terms will only apply to property that Premier Auction Galleries LLC. guarantees in writing or in catalog description if not in writing then in all property sold will be sole discretion of the buyer to examine in person to its authorship authenticity, attributions, provence, sizes, or weights used to describe any property.) (Even though in the absence to references to conditions does not apply that property is free of any imperfections or effects of aging.).., PAG only offers their opinion as a courtesy to the buyer of what we feel what the property descriptions or valve or orgin may be. ( Buyer does not hold PAG or any of its employees any liability for any description errors rather they be in writing or verbal unless stated otherwise.) 8. RESERVED BIDS & WITHDRAWAL: Consignor appoints the Auctioneer and / or PAG and its representatives to bid on the consignor’s behalf up to the amount of the reserve. Consignor agrees that neither he/her nor their representatives will bid on items under this agreement. Consignor agrees not to withdraw any property subject to this agreement unless agreed to by PAG, and the payment of all charges, costs, and the commission (both buyer’s premium and consignor’s fees) due as if the item had been sold. (PAG has the right to pass any property they feel not been adequate on behalf of the consigner or PAG or we reserve the right to withdraw any property or at the time of the hammer falls.) At this complete discretion and shall not have liability of such withdrawals. 9. WARRANTIES AND INDEMNIFICATION BY CONSIGNOR: (A) Consignor represents and warrants that he has the legal right to consign the property for sale; that there is not, nor will there be, any claim, lien or encumbrance against the property for any reason. (B) Consignor agrees to indemnify PAG against all claims and expenses, including reasonable attorney’s fees arising from the actual or claimed breach of any of the Consignor’s warranties or representations herein, which shall survive the completion of a sale of property. 10. NONPAYMENT BY PURCHASER: Premier Auction Galleries is not obliged to legally enforce payment by any buyer of the property. If PAG is not paid by the purchaser within 15 days of sale, PAG may, in its sole discretion, cancel the sale and resell the property. PAG also reserves the right to not let such buyer or bidder or the respentives if known to bid on their behalf at any and all PAG future sales. 11. NO GUARANTY: PAG does not guarantee the selling price of the property. All estimates of selling value are opinion only and shall not be construed as any promise of selling price. PAG is not liable for errors or omissions in catalogues or other descriptive material. 12. UNSOLD PROPERTY: Property not sold shall be reclaimed within ten days following notification by PAG. Property remaining after ten days will be subject to storage charges of $5 per day per lot. All charges must be paid before property is released. 13. PRIVATE SALES: For property failing to sell or meet its reserve. PAG has the exclusive right for 30 days to sell property privately for a price equivalent to the reserve price. Consignor’s obligations to PAG shall remain the same as if the property had been sold at auction. 14. MISCELLANEOUS: This agreement is binding upon the Consignor’s heirs, beneficiaries, and executors, ET. al.; is assignable only with Premier Auction Galleries LLC. consent; may be modified only in writing signed by Premier Auction Galleries LLC. and their Consignors; shall be governed by the laws of the State Of Ohio or any by the laws of the state where Premier Auction Galleries LLC. may be conducting a sale of property at. 15. CONTRACT TERM: This contract will continue in force until notice to cancel is given by either party. 17. ITEM REMOVAL: It is understood by the parties that in the event any consigned item is removed by the consignor PAG will receive their due commission as if the item had sold. The value will be determined by the reserve, or where there is no reserve, the appraised value by a mutually agreed to appraiser.
18.All Prespective Buyers: Must register and provide two forms of identification before bidding. We may require bank letter of credit or finical references. Premier Auction Galleries reserves the right to refuse admission to any property where an auction maybe conducting and/or refuse participation or bidding in auction at any time at our discretion.
19.Absentee or Phone Bids: Premier Auction Galleries looks at pre-sale absentee or phone bids left in writing or by arrangements 24 hours before commencement of sale..,(however PAG is not responsible for failing to execute any absentee bids or admission in connection with any such phone or absentee bids..,if any lot or items receives the same amount of bids the item sells to the first written bid receive by PAG and accepted first if failure to reach any phone bidder cannot be reached for any reason PAG will not be held responsible. We encourage all absentee bidders to leave a +1 bid on their behalf.
20.Bidder Disputes: Even though PAG reserves the right to reject any bid the highest bid acknowledge by the auctioneer will be the winning bidder in the event of any disputed bids auctioneer has final discretion to determine the successful bidder or re-offer that property for sale..,any disputed sale after ending of auction PAG sales record shall be conclusive and final.
21. Title Of Property: Title of the property immediately passes to the highest acknowledged bidder when the Auctioneer’s hammer falls, subject to the Terms and Conditions set forth herein, at which point the bidder assumes full risk and responsibility for the Property. The buyer shall pay the full purchase price which includes Hammer price, together with the 15% buyers’ premium, plus any applicable taxes. Payment shall be made in US dollars by cashiers or certified check, credit cards accepted by the Company, in-state personal check, or bank transfer. Payment will not be considered complete until funds are cleared. No Property will be released to the buyer until payment has been made in full. If payment is made by check the Company reserves the right to hold Property purchased until funds have cleared the bank. Buyer agrees to pay the Company a handling charge of $50 for any check dishonored by the drawee.
22.Shipping And Handling: Premier Auction Galleries can provide a successful bidder with a list of shippers if required. However, the Premier Auction Galleries will not be responsible for the acts or omissions of carriers or packers engaged by the buyer whether or not such shipper was listed by the Premier Auction Galleries. Property will not be released to a third party shipper without the buyer’s consent, and unless the Premier Auction Galleries is in receipt of full payment. Any packing and handling by the Premier Auction Galleries is at the entire risk of the buyer and the Premier Auction Galleries bears no liability for any loss or damage to such items. The cost of shipment will be Buyer’s full responsibility.
23.Online Bidding: These Terms and Conditions are applicable to those buyers who work with us directly and not through eBay Live Auctions. For bidders who wish to bid with us through eBay Live Auctions or any other on line network please visit their terms and conditions.