Terms of Auction
1. Your bid is a contract. Place a bid only if you are interested in purchasing this item. If you are the successful bidder, you have entered a binding contract to purchase the item on which you have bid. Please contact the auction house concerning any questions you might have before bidding.
2. It is our desire to represent the property at auction as clearly as possible but all property is sold as is, and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. That being said, it is also our desire to have you comfortable, if not just ecstatic, with any transactions you have with us. Please contact us if you feel we can be of assistance.
3. It is the responsibility of the buyer to inspect any item thoroughly before bidding.
4. All items in this auction have a minimum bid and that minimum bid is the reserve. If a bid is placed on an item, it is considered sold.
5. The Randy Higbee Gallery reserves the right to refuse a bid from a potential buyer who has not established themselves with management prior to the auction and received a bidders number.
6. All listed sizes, weights and measurements are reasonably approximated.
7. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale.
8. All merchandise purchased must be paid for within three business days of the close of auction and removed from the showroom within five business days of the close of auction. It is the buyers obligation to make arrangements for their shippers to pick up their items within normal business hours. Unless prior arrangements are made, the purchaser agrees to pay, a monthly storage charge of 5% of the purchase price of any lot or portion of a lot not removed by the purchaser within ten (10) business days after the date of sale. The Randy Higbee Gallery will have no liability for any items left on the premises after five working days of the auction closing date. After 30 days from the close of auction, it is the option to have the merchandise transferred to and stored at a bonded warehouse. The purchaser agrees to pay all expenses of transfer and storage.
9. No merchandise shall be released prior to the end of the auction session. The Randy Higbee Gallery reserves the right to hold merchandise until full payment has been received and cleared by our bank.
10. Payments may be made through cash, check, Visa, Mastercard, Discovery orPaypal. If American Express is used, there is an additional 1.5% fee. If payment is made via check, there will be a five day hold on the removal of the merchandise in order for the check to clear. There is a $40 fee for any returned checks.
11. In no event will the liability of the Randy Higbee Gallery to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
12. All purchases are subject to the Orange County, California 7.75 % sales tax unless the purchaser possesses a sales tax exemption number and fills out the California Exempt Certificate. Exemption numbers from other states are accepted in CA if presented with a business card or letterhead. Items shipped out of state are tax exempt.
13. The Randy Higbee Gallery and its consignors make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. The Randy Higbee Gallery expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Randy Higbee Gallery relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of the Randy Higbee Gallery and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
14. These conditions of sale shall be governed by the laws of the State of California. The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against the Randy Higbee Gallery in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of California or any federal court sitting therein. Any dispute resolution shall be resolved by binding arbitration in the State of California by a neutral arbitrator selected by the Randy Higbee Gallery. If either party alleges that the other party is in default under this agreement, the the dispute shall be submitted to a binding arbitration in the State of California the the party requesting arbitration must notify the other party via certified or registered mail. The bidder/buyer consents to the nonexclusive jurisdiction of such arbitration and waives objections that it may now or hereafter have to the venue of any such suit. Arbitration fees shall be paid by the non prevailing party or the decision of the arbitrator.
15. Shipping is the responsibility of the purchaser. The Randy Higbee Gallery is not responsible for any transactions between the purchaser and the shipper.
16. For International bidders, some property that is sold at auction can be subject to laws governing export from the United States. Often import restrictions from foreign
countries are subject to these same governing laws. Licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.