Terms and Conditions of the Sale
1. All items sold “As Is, Where Is”. Music City Auction make no warranties as to the merchantability or fitness for a particular purpose, the correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property. No oral or written statements made in any description, online listing, advertisement, bill of sale, and announcement or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty. Music City Auction is not responsible for errors and omissions in the catalogue, online listings or any other supplemental material. It is the responsibility of prospective bidders of live auctions to inspect the property before bidding to determine its condition, size, and to determine if it has been repaired or restored.
2. Music City Auction reserves the right to withdraw any property before the sale and will have no liability for doing so.
3. Auctioneer reserves the right to accept or decline any bid. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. For live auctions, the auctioneer will have final discretion in the event that any dispute should arise between bidders. Auctioneer will have final discretion to resolve any disputes arising after the sale and in online auctions. In the event of dispute, our sale record is conclusive.
4. A Buyer’s Premium of up to 13% will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. (Successful internet bidders will be assessed up to an 18% Buyer’s Premium). Any applicable taxes will be assessed. Dealers with a valid current resale number, registered with Music City Auction, will be exempt from tax. No trade or other discounts apply. Payment methods accepted are cash (in U.S. funds), cashiers check or money order. We accept international funds through international money orders. Music City Auction accepts Visa, MasterCard, American Express and Discover credit cards.
5. Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price, including any applicable taxes and premiums. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of 1 ½% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from the premises by the purchaser at their expense immediately following its sale unless arrangements have been made and agreed upon by Music City Auction.
6. If any applicable conditions herein are not complied with the purchaser will be in default and in addition to any and all other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may cancel the sale of that, or any other lots sold to the defaulting purchaser. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company, where or not intended to reduce the purchaser’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of our owing to such purchaser in our possession or in the possession of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. Payment will not be deemed to have been made in full until we have collected good funds. In the event the purchaser fails to pay any or all of the total purchaser price for any lot and Music City Auction elects to pay the Consignor any portion of the sale proceeds, the purchaser acknowledges that Music City Auction shall have all of the rights of the Consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale. Under no circumstance will Music City Auction incur liability to a purchaser in excess of the purchase price actually paid.
7. The terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of the State of Tennessee. Bidder acknowledges and agrees that the courts of the state of Tennessee shall have exclusive jurisdiction over any dispute(s). Bidder (in person, by agent, order bid, telephone, internet or by other means) agrees that any dispute arising shall be litigated exclusively in the courts of the State of Tennessee.
8. Successful internet bidders must contact Music City Auction for information regarding shipping and handling of items. Buyer assumes all financial responsibility for shipping, handling and insurance.
9. Receiving a bid number and bidding on items at this sale constitute an explicit acknowledgement that bidder has read and understood, and agreed to these terms of sale.