CONDITIONS OF SALE
This catalog, as amended by any posted notices or oral announcements prior to or during the Auction, is Luper Auction Galleries, Inc.'s and the Consignor's entire agreement with the purchaser relative to the property herein. The following Conditions of Sale, Guide for Absentee Bidders, and Glossary contained herein are the complete and only terms and conditions on which all property is offered for sale. Luper Auctions Galleries, Inc., hereafter will be referred to as "Luper".
ADDITIONAL ONLINE BIDDING TERMS
A. Because Luper’s Estate & Antique Auctions are held on Friday evenings at 6:30 pm EST., Invoices will not be sent out until the following Monday Morning by 12:00 Noon (EST). Payment will be due Immediately by Money Order, PayPal, Wire Transfer or Certified Funds..
B. Online Auction Bidders will pay a Premium of 23% that shall be added to the Buyer's Bid and shall be Paid by the Buyer as a Part of the Purchase Price. Any online Bidder that elects to pay their amount due through Paypal or Wire Transfer shall pay to Luper an additional 3 % (percent) to cover any and all money transfer fees.
C. Luper Auction Galleries, Inc is not a shipping service. Luper has given many dimensions and weights in the online Item descriptions. Online Bidders are Urged to investigate and estimate their own packaging, shipping and insurance from Luper Auction Galleries , Inc. location at 4005 West Broad Street Richmond, Virginia 23230. Each successful Buyer will pay any packaging, shipping and insurance charges directly to the shipper. Luper will not release any items to be picked up or shipped until good funds are confirmed. Should any prospective Bidder need addition information, as a courtesy, Luper will offer limited assistance. Luper will not answer any questions in reference to item shipments, packaging or cost after 1:00pm on the day of the Auction.
Several Shippers that have been used in the past are as follows;
Multi Interest Service Corp. Greg Blouch
3901 Castlewood Road
Richmond, VA 23234 804-271-1572
WEB PAGE: www.miscusa.com
The UPS Store Ed Tosh
7109 Staples Mill Rd.
Richmond, VA 23228 804-266-3477
WEB PAGE: www.theupsstore.com/1156.htm
D. Please be advised that when the Auctioneer is accepting a bid, whether from the Floor, Absentee, Phone or Online, the highest bid will be taken. Should an online Bid become tied with an accepted Floor Bid the Online Bidder may only up the tie by placing an additional Bid.
IMPORTANT INFORMATION FOR PROSPECTIVE BIDDERS
A. In Accordance with the Agreement You Signed to Obtain a Bidders Number or Bid Online, and These Conditions of Sale, You must Pay for and Remove Your Purchases Within 2 Business Days after the Sale.
B. Storage Fee's Will Begin on the 5th Day after the Sale at the Rate of $5.00 per Lot per Day, Unless Prior Arrangements Have Been Made with the Management Staff.
C. Luper Auction Galleries, Inc. reserves the right to approve or deny entrance and bidder registration to anyone that, in Luper’s opinion, disrupts the Preview and/or Auction, alters the Auction or the open competitiveness of the legal bidding process under but not limited to the Virginia UCC as well as Federal Antitrust, Section 1 of the Sherman Act (15 U.S.C. § 1). Anyone requested to leave the Auction premises refuses, legal authorities will be called for their removal.
D. Except as Provided in Our "Terms of Sale" in this Catalog, All Property Is Sold "As Is - Where Is" and Luper Auction Galleries, Inc. Makes No Express or Implied Warranties or Representations of Any Kind with Respect to the Property and in No Event Shall Luper Be Responsible For The Correctness Of, or Be Deemed to Have Made Any Representation or Warrantee or Guarantee of Merchantability, Description, Genuineness, Attribution, Provenance, or Condition Concerning the Property.
E. Clients Are Advised That the Handling of Purchased Lots by Our Employees Is Undertaken Solely as a Courtesy for the Convenience of the Client. In the Case of Fragile Articles, Any Handling by Our Employees Will Only Be Taken at the Discretion of the Auction Company, and At the Request and Risk of the Purchaser. TIPPING LUPER EMPLOYEES IS NOT PERMITTED UNDER ANY CIRCUMSTANCES. Any Buyer tipping a Luper Employee risks the ability to Bid in the Future.
F. The expenses of shipping, including but not limited to the costs of materials, handling, postage, and insurance, are the sole responsibility of the buyer, and in the absence of an agreement in writing to the contrary will be charged to the purchaser together with the price of the items purchased.
G. In the event of buyer's default, buyer agrees to pay all costs and expenses of collection incurred by Luper Auction Galleries and/or the pertinent consignor in the enforcement of buyer's obligations, including without limitation reasonable attorneys' fees. A Charge of $ 25.00 will be assessed for all returned checks each time they are deposited. Consistently returned Checks will result in the Buyer's inability to Register and Bid at future Auctions.
1. DISCLAIMER OF WARRANTIES
The Consignor warrants good title to the purchaser. Luper acts only as agent for the consignor and makes no independent warrantee of title. All statements made by Luper, its agents and employees, whether written or oral, are statements of opinion only and not warranties or representations of fact. Oral and written representations as to the goods offered in the auction, including without limitation descriptions and attributions published in the catalogs, brochures, circulars, advertisements, and at the time of sale, do not constitute warranties or affirmations of fact in connection with the goods, shall not be relied upon by the purchaser, and do not constitute a part of the contract of sale. The statements are made solely for the purpose of identifying the goods to be auctioned. The information supplied by other sources believed to be reliable; however, Luper does not warrant the same in any respect to be correct. Luper believes many of the articles offered to be of fine quality, but urges bidders to inspect articles to make their own determination as to the goods' authenticity, physical condition, quality, provenance, age, value, and other characteristics. Luper shall not be held responsible or liable for correctness of any representation as to any matter, including description, size, physical condition, rarity, importance, and provenance and no liability with respect thereto. The Pre-Sale Estimates set forth in any catalogue or advertisement shall not be deemed a representation by the Auction Company in any way as to what the property will actually bring at auction.
ALL PROPERTY SOLD " AS IS"
Note: Prospective Bidders Should Inspect the Property Before Bidding to Determine its Condition and Whether or Not it Has Been Repaired, Restored or Altered. If a Prospective Purchaser Has Not Examined the Property to His Own Satisfaction Before the Auction or Had an Agent Do So for Him, Luper Recommends That He Not Bid on the Property.
2. BUYERS PREMIUM
For Luper Auction’s Floor, Absentee and Phone Bidders a Premium of 18% (Fifteen Percent) Shall Be Added to the Buyer's Bid and Shall Be Paid by the Buyer as a Part of the Purchase Price. For Online Auction Bidders, a Premium of 23% Shall Be Added to the Buyer's Bid and Shall Be Paid by the Buyer as a Part of the Purchase Price
3. LOT QUANTITY
Unless announced by the Auctioneer at the time of sale or published in the catalog herein, all bids are per lot as numbered. If a lot is described as "EACH TIMES" the bids are for each item times the quantity listed.
Please bid as early as possible; in the event of identical bids, the earliest (as determined solely by the auctioneer) takes precedence. The auction company reserves the right to reject a bid from any bidder. Each lot shall be at the buyer's risk or loss from the fall of the hammer knocking the lot down to such buyer. In the event of any dispute between bidders, the auctioneer shall have discretion either to determine the successful bidder, or to offer and re-sell the article in dispute. If any final dispute arises after the Auction, the Luper Auction sales records shall be conclusive in each and all respects.
The purpose of this auction is to dispose of all properties which are being offered, however, there are items for which a reserve price, a confidential minimum price, has been set, below which a lot will not be sold. In the event that the high bid falls below the reserve price, the auctioneer reserves the right in his sole discretion to accept the bid, reject the bid, or re-offer that item at a price beginning at the reserve price or next preceding bid. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from the sale. If, having acknowledged an opening bid, he decides that any advance thereafter is not a sufficient increase, he may reject the advance.
6. ABSENTEE BIDS
Luper will execute absentee bids on behalf of prospective purchasers in accordance with the "Procedures of Absentee Bidders". Luper will buy for an Absentee Bidder at the lowest price possible. Goods will be knocked down at the lowest fractional advance , in competition with other absentee bids, reserves, and/or bids from the audience. In the event of identical absentee bids, the 1st bid received will take precedence. Luper shall not be deemed in breach of any duty to an absentee or gallery bidder by reason of its execution of more than one absentee bid in competition for the same goods.
To register as an absentee bidder an Absentee Bid Form must be completed, signed and delivered to Luper Auction Galleries, Inc. 4005 West Broad Street, Richmond, Virginia 23230. A cash or certified funds deposit equal to twenty percent (20%) of the total amount of the bid must accompany the absentee bid registration. The deposit will be applied to the total purchases price. Should the Absentee Bidder not be successful, the deposit will be refunded by mail within 10 working days.
Terms of payment are cash, certified funds, money order, travelers checks, PayPal©, Western Union Auction Payments, letter of credit restricted to this auction upon prior arrangement with the auction company, or other terms agreed to in writing prior to the sale. Payment shall be made immediately following the sale. Goods purchased shall be delivered to Buyer immediately following good funds payment. To avoid delay in commencing the sale and delivery of purchases, buyers are urged to make arrangements well before bidding if payment is by other than cash. Please note that unless exempt, all sales are subject to the 5% (percent) Virginia Sales Tax.
All purchases will be itemized on a summary receipt and must be marked paid before being presented to a Luper Gallery Assistant for possession. All items must be signed out to the Purchaser prior to removal from the Auction premises.
8. RIGHT TO WITHDRAW:
We reserve the right to withdraw any property from the Auction or alter the Auction in any way at any time.
9. SHIPPING & REMOVAL
Purchase is final upon auctioneer's pronouncement of "sold", and buyer assumes all risk & responsibility for the purchase at this point. Buyer must remove items with in two (2) days of sale unless other arrangements have been made. We will release your items to your designated agent upon Good Funds payment. Luper does not package and ship. As a courtesy Luper will help you with the arrangements for the packing & shipping of your items for you at your expense. Several shippers that have been used in the past are listed later in the Terms and Conditions.
10. SALE OF LICENSED VEHICLE
A $35.00 Document and Handling Fee will be charged to the Buyer for any Vehicle, Boat or any Licensed Means of Conveyance.
11. SALE OF FIREARMS
Our policy is to sell antique firearms only to individuals who are eligible to purchase modern firearms - by bidding you represent
that you are not a minor, convicted felon, drug addict, illegal alien, mentally defective individual, or other persons restricted from buying modern firearms. By requesting shipment of antique firearms, you represent that such a purchase is legal in your home locality. All Modern post 1898 firearms will be announced prior to each item in the auction. These guns are sold only to eligible parties in compliance with ALL LAWS. Arrangements for transfer will be announced day of sale. If you don't have a federal firearms license, you must complete both the required National ATF and State forms,, and pass an FBI NICS instant back ground check before picking up your modern firearm at our licensed premises 4005 West Broad Street, Richmond, VA 23230 by appointment. Non-Virginia residents must have modern firearms shipped to a licensed dealer in their home state.
L U P E R A U C T I O N G A L L E R I E S, I N C.
4005 West Broad Street Richmond, Virginia 23230