All property offered and sold through Barry S. Slosberg, Inc., ("Auctioneer", or "Broker", or "BSS", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.
1. Barry S. Slosberg DOES NOT pack or ship any item. Any Purchaser wishing his/her items shipped either nationaly or internationaly MUST contact a shipper of his/her choice, or the following local shipper:
8001 Castor Ave.
Philadelphia, PA 19152
215 745 1100
Winning bidders are responsible for all arrangements relating to the packing and shipping of their property. All shipping charges will be borne by the Buyer and paid directly to the shipper. Any risk of loss during shipment will be borne by the Buyer following delivery of the purchased item to the designated common carrier. We will gladly coordinate shipper pick-up of property at our gallery, during normal business hours only, after payment and upon receipt of e-mail confirming permission to release items to shipper.
2. ALL PROPERTY IS SOLD "AS IS" AND WITHOUT RECOURSE. BARRY S. SLOSBERG, NOR ITS CONSIGNOR(S) MAKES ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE.
Except as provided below, BSS shall not be responsible for the accuracy, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone, written or oral, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to accept all matters such inspection may have disclosed or indicated.
If an item is materially different than was described by the Seller, Buyer shall have 48 hours from the date the property is received to notify the Seller, and returns the property to BSS reasonably promptly in the same condition in which it was sold. After the 48 hour period all items are considered "as is", without recourse. Refunds in cash (in-house only) or credit shall be as outlined in the Seller's Refund Policies.
DIAMONDS; PLATINUM; GOLD; SILVER ONLY. (THE BROAD DISCLAIMER ABOVE APPLIES TO ALL OTHER JEWELRY)
DIAMONDS: Carat weight as stated in the catalog entry is to be considered as an approximation. Color and clarity are not guaranteed. The only guarantee is with respect to the authenticity of the stone.
GEMSTONES: We do not guarantee authenticity of colored gemstones.
PLATINUM; GOLD; SILVER: Any weights as stated in the catalog entry are to be considered as an approximation. The only guarantee is with respect to the authenticity of the grade of the metal, as marked or tested.
3. Barry S. Slosberg, Inc. reserves the right to withdraw any property at any time before the fall of the auction hammer in its sole and exclusive discretion.
4. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the property in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects.
5. If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
6. BSS may, upon consignor request and at its sole discretion offer certain property subject to a reserve, which is the confidential minimum price below which such property will not be sold. The auctioneer may open bidding on any lot by placing a bid on behalf of the consignor. The auctioneer may further bid on behalf of the consignor, up to the amount of the reserve, by placing successive or consecutive bids for property or by placing bids in response to other bidders.
7. Upon the fall of the auction hammer, title to any offered property will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold and agrees to pay the full purchase price plus the buyer's premium and any other applicable taxes or fees. Property must be removed within 7 days from the date of sale. If not so removed, Barry S. Slosberg Inc. reserves the right to impose a personalty moving fee of $35 per lot and charge a storage fee of $10.00 per day per lot. BSS may also prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (7) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees.
Payment MUST be made within five (5) business days upon receipt of invoice and is a precondition to removal of property. Payment shall be by Paypal, credit card or cashier's check. NO MONEY ORDERS! The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale.
8. BSS reserves the right, at its complete discretion, to refuse registration to any online bidder who is deemed by BSS to have the potential to be disruptive to the auction process.
9. No "buy" bids (with out a specific bid price) shall be accepted at any time for any purpose.
10. Any absentee bids must be entered online prior to commencement of the sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any absentee bid.
11. A buyer's premium of 20% will be added to the hammer price, and is payable by the purchaser as part of the total purchase price.
12. Inquiries: All online inquiries regarding lots must be sent directly to the Seller via email and received 24 hours prior to the start of the auction.
13. Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.
14. Any and all of the conditions may be waived, or modified in writing at the sole discretion of Barry S. Slosberg, Inc.
1. The services provided by Barry S. Slosberg Inc. (Auctioneer) through “Proxibid” and your purchase of assets from the seller in this auction are governed by these Terms and Conditions. By participating in this auction, you consent to be bound by these Terms and Conditions as well as by any additional terms that may be imposed by the seller or announced at the auction.
2. All potential buyers must register online at www.proxibid.com/slosberg Auctioneer may, in its sole discretion, deny registration to any person or entity.
3. All assets in the auction shall be sold to the highest bidder; provided, however, that some assets may be auctioned with minimum reserve prices, and/or subject to seller’s right of confirmation. Auctioneer reserves the right to reject any bid or bidders, or any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that the Auctioneer believes was made illegally or in bad faith. Further, Auctioneer, may bid at the auction on behalf of a third party. In the event of a dispute among bidders, Auctioneer may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing.
4. In the event of any dispute concerning the winning bid price for an asset, the record kept by Auctioneer shall control.
5. Bidders shall examine or inspect items prior to the day of the auction. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Auctioneer makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise. In such circumstances, Auctioneer recommends that Buyer contact the software manufacturer directly to resolve any such issues.
6. Auctioneer relies on information about assets in the auction provided by the seller. Auctioneer undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
7. A buyer’s premium of 15% of the bid price will be added to the bid price for each lot bought onsite.
8. Collection of applicable taxes will be in accordance with the laws of the jurisdiction in which the purchased asset is located.
9. Each successful bidder purchases totaling $2000.00 or less must be paid in full within 24 hours following the successful bid. Bidder purchases of $2001.00 to $9999.00 must pay a 25% deposit towards the purchase price within 24 hours following the successful bid. Bidder purchases of $10,000.00 or more must pay a $3000 deposit toward the purchase price within 24 hours following the successful bid. Bidders expressly authorize Auctioneer to use their credit card to satisfy the deposit amount, if a bidder fails to make a timely deposit. If a timely deposit is not made, Auctioneer and the seller may resell the items in question without notice. FULL PAYMENT of the purchase price is due at the earlier of (i) 48 hours after the bidder has received an invoice, or (ii) the close of business on the third business day after the auction but in any event by the Payment Date set out in the Notice to Purchasers. Without limiting the foregoing, full payment of the balance of the purchase price is due prior to removal of any purchased assets. In the event that a bidder fails to pay the entire purchase price (in addition to the buyer’s premium and any applicable tax) within the time specified by Auctioneer or otherwise fails to comply with these Terms and Conditions, Auctioneer and the seller will retain the deposit as liquidated damages without notice. Auctioneer and the seller reserve the right to resell such items without notice, and the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling such assets. In the event of such resale, the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling the assets in question.
10. Auctioneer accepts the following methods of payment: cash, cashier’s check, and wire transfer made payable to Auctioneer also will accept a company check if it is accompanied by a letter from the company’s bank guaranteeing payment in full, without condition and upon demand. Auctioneer will also accept VISA®, MasterCard®, American Express® if so indicated in the Notice to Purchasers.
11. By participating in an auction, each bidder represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
12. Auctioneer may, in its discretion, offer the assets for sale by the piece or by the lot. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.
13. Auctioneer will announce any additions to or deletions from the catalog on the day of the auction. Auctioneer and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders’ obligation to verify such descriptions prior to the auction.
14. Neither Auctioneer nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Auctioneer’s liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Auctioneer as a deposit or as payment for a purchased item.
15. Auctioneer will announce the removal, or "check-out" in the Notice to Purchasers. Auctioneer shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the buyer's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the buyer's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers’ compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the buyer does not remove an item within the announced check-out period, Auctioneer and the seller may, in their sole discretion, deem the item to have been abandoned by the buyer and the buyer will have no further rights with respect to the item. Notwithstanding the foregoing, Auctioneer and the seller reserve the right to charge the buyer for the costs of storage beyond the check-out period.
16. Bidders acknowledge that an auction site or the seller’s site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at such site.
17. It is the buyer’s sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain “hazardous substances,” as that term is defined under federal, state or local environment laws and regulations. Auctioneer has no duty to remove any hazardous substances that are contained in or are a part of any item. Buyers agree to defend (by counsel satisfactory to Auctioneer) and indemnify Auctioneer and hold Auctioneer harmless from and against any claim, demand, cause of action, liability or expense (including attorneys’ fees and costs) asserted against or incurred by Auctioneer in connection with the sale, removal, shipment or use of any purchased items.
18. Buyers agree to comply with all US export control and related laws, and acknowledge that Auctioneer is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute “Restricted Technology.” Under federal law, such items may not be shipped outside of the United States. Auctioneer makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology. Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, that the sale does or may violate applicable U.S. export control or similar laws.
19. These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Pennsylvania located in Philadelphia.
Barry S. Slosberg Inc.
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