BIDDER TERMS & CONDITIONS:
BIDDING: Bidding on an item will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS and any conditions outlined on the day of the sale. The Auctioneer has the authority to accept or reject any and all bids. The Auctioneer determines who the high bidder is. In the event of a “tie-bid”, the Auctioneer may re-open the item between the tie bidders. The Auctioneer’s decisions are final.
MULTI-PAR: The Auctioneer has the authority to implement Multi-par bidding, where lots or parcels are offered first individually, then grouped into multiple lots or parcel arrangements and bid again. The high bid for each of the lots or parcels will be added together to obtain the current bid for the multiple lots or parcel arrangements. Bidding will then re-open for that arrangement of lots or parcels. If there is no higher bid than the sum total of the high bids on the individual lots or parcels, the original, individual bids on the lots or parcels will prevail. If a higher bid is offered for the multiple parcel or lot arrangement, than the sum total of the high bids for the lots or parcels when sold individually, the original, individual bids for the lots or parcels will not prevail and the lots or parcels will be sold to the new high bidder as a multiple lot or parcel (Multi-par) arrangement.
BUYER’S PREMIUM: A Buyer’s Premium of 15% will be charged on the total bid. There will be a 5% discount in the Buyer’s Premium for buyers who attend the sale in person and pay in Cash.
EXAMPLE: If you intend to spend no more than $100.00 on an item, bid to $86.00. A 15% Buyer’s Premium of $12.90 would then be added to the $86.00, bringing your total to $98.90. You will save $1.10. SALES TAX: Florida Sales Tax (State and Local) will be collected on all sales made and delivered within the state of Florida. The Florida Department of Revenue’s Rules require that Sales Tax be charged on the total invoice price including Buyer’s Premium and Shipping. The buyer is responsible for all out of state sales tax due on items shipped. Buyers purchasing items for Resale must provide a current Resale Certificate prior to each Auction. Tax Exempt Bidders must provide a current Tax Exempt Certificate prior to each Auction.
MERCHANDISE: All items are sold “As-is, Where-is” with no warranty express or implied, unless otherwise stipulated. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer’s responsibility to carefully inspect the items prior to the Auction. Most items offered for sale are used and may contain defects, not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description. All sales are final.
STANDARD BID INCREMENTS: All bidding, including absentee, online and phone bidding, will follow the established standard bid increments outlined below. All attempts will be made to strictly follow the Standard Bid Increments. However, the auctioneer reserves the right to deviate from the Standard Bid Increment as necessary.
If the Bid amount is: The Standard Bid Increment is:
$0 - $10 $1 or $5 $10 - $50 $5
$50 - $100 $10
$100 - $500 $25
$500 - $1,000 $50
$1,000 - $2,000 $100
$2,000 - $5,000 $250
$5,000 - $10,000 $500
$10,000 - $20,000 $1,000
$20,000 - $50,000 $2,500
$50,000 - $100,000 $5,000 $100,000+ $10,000
CUT BIDS: The Auctioneer may accept or reject a Cut Bid at their sole discretion. There will be at the most, one Cut Bid accepted per item. A Cut Bid will drop the Bid Increment to the next lower Standard Bid Increment; but will never be lower than half of the Bid being sought. Bidding will continue at the new lower Bid Increment, with increases in the Bid Increment at one rung lower than the Standard Bid Increment. The Auctioneer will not accept “Quarter” Cut Bids.
EXAMPLE 1: If the current bid is at $70, following the Standard Bid Increments, the bid being sought would be $80. A Cut Bid would place the Bid at $75, and bidding would continue at $5 increments until the bid reaches $100. Upon reaching $100, the Bid Increment would increase to $10, until the $500 mark is reached. At $500, the Bid increment would increase to $25, and so forth.
EXAMPLE 2: If the current bid is $125, following the Standard Bid Increments, the Bid being sought would be $150. Since half of the $25 increase in the bid would place the new bid at $137.50, and since the next lower Standard Bid Increment is $10, a Cut Bid would place the Bid at $140, and bidding would continue in $10 increments.
DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. However, Gallery 319, LLC warrants any and all claims made in the description of an item. Any claim that an item is not as described must be made within five (5) days of receipt of the item. The item must not be altered, tampered with or otherwise changed from the condition in which it was sold. Claims will be handled on a case by case basis. The extent of liability of Gallery 319, LLC, or any of its subsidiaries, shall be limited to the purchase price including any Buyer’s Premium and Sales Tax.
AUCTION ESTIMATES: Any Auction Estimate is only an approximation of what the Auction Company believes the item could bring at Auction, based on its experience and sales data from similar items. Auction Estimates are NOT Appraisals and are not to be used as the value of an item.
RETURNS: Only numismatic items purchased online, via a phone bid, or a mail-in bid may be returned, and only if the item is not as described. Returns are to be made within five (5) days of receipt of the item or attempted delivery of the item, or fifteen (15) days of invoice, whichever is later.
PAYMENT: Payment is expected immediately following the Auction, on the day of the Auction. Acceptable forms of payment will be: Visa, MasterCard, Discover, and American Express unless otherwise posted at the Auction. ALL items invoiced to a bidder must be paid for prior to the bidder removing ANY of the items.
REGISTRATION: Registration is required in order to bid at any Gallery 319, LLC Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver’s License and signature. Since the act of bidding at an Auction creates a binding contract, the giving of false registration and false information may constitute as an act of fraud.
ITEM PICKUP: All items are to be picked up by the buyer on the day of the Auction, after full payment of the invoice. It is the Buyer’s responsibility to arrange with the Auction Company in advance if an item must be picked up at another time. Items purchased online, through phone or mail-in bidding, will be shipped at the Buyer’s expense.
SMALL ITEM SHIPPING: Costs associated with shipping of an item are the responsibility of the purchaser. Items may be picked up in-person on the day of auction at the auction location. All items that meet the shipping size requirements for FedEx, UPS or the U.S. Postal Service, will be shipped through our shipping department. Under no circumstances will we ship items via a third party account or an account billable to the recipient. All shipped items will be insured for the final invoice amount, including the Buyer’s Premium and Sales Tax. Any claims for damaged or lost items are to be handled through the shipping service, as all sales are final. Buyers will receive an invoice including all charges for packaging, insuring, and shipping items. Please allow up to 10 business days after receipt of payment, and verification of the receipt of funds, for your purchases to ship. Depending on size and value, domestic shipments are sent via USPS, FedEx or UPS with tracking and delivery confirmation. International shipments are sent USPS Express Mail International with tracking and delivery confirmation. Gallery 319, LLC, nor any of its subsidiaries, including its owner’s assume any responsibility for lost or damaged items.
LARGE OR HEAVY ITEM SHIPPING: All shipping and packing arrangements for Large or Heavy items are the responsibility of the buyer. Please do not bid on any Large or Heavy item if you do not have the means to move or ship it. Arrangements for the shipping of Large or Heavy items must be made with the Auction Company on the day of the Auction. Please be aware that many Auction locations may have restricted times that items may be picked up. Gallery 319, LLC, nor any of its subsidiaries, assume any responsibility for lost or damaged items.
REMOVAL OF LOTS FROM A SALE: Gallery 319, LLC and its subsidiaries, will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale. Gallery 319, LLC and its subsidiaries, assume no liability for damages incurred by the removal of an item from a sale.
RESERVE: Most items are offered without reserve or minimum bid. If an item has a reserve, the auctioneer will announce that the item is being sold with a reserve. If the item has an Auction Estimate, the reserve will never be greater than the low estimate. If an item is offered with a reserve, we may bid on behalf of the seller until the reserve is met. However, we will not offer an opening bid on behalf of the seller. If no opening bid is received, or if the bidding does not reach the reserve amount, we will announce that the reserve was not met and pass on the item or submit the bid as an “offer” to the seller for their acceptance.
ABSENTEE BIDDING: Absentee Bidding is used by those who cannot attend the auction in person, cannot bid online, and cannot bid by phone. Absentee bids may be submitted by email, through our website, through the mail and at online bidding sites. Bidding on an item will be considered sufficient evidence that an Absentee Bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. In the event of a tie bid between an Absentee Bidder and a bidder who is actively bidding in-person, the in-person bidder will prevail. When submitting an Absentee Bid, the bid amount should be the highest amount that you are willing to bid prior to the addition of the Buyer’s Premium or Sales Tax. A proxy bidder will actually bid on the item in open and competitive bidding. Therefore, the final bid on an item may be less than the amount of your bid. The opening bid on an item with absentee bids shall be: 1) in the case of 3 or more absentee bids, the median bid lowered to the standard bid increment, 2) in the case of 2 absentee bids, the lower of the 2 bids lowered to the standard bid increment, 3) in the case of 1 absentee bid, one-half of that bid lowered to the standard bid increment, and 4) in the case of a lot with a reserve, the reserve amount (if the absentee bid is equal to or higher than the reserve).
ONLINE BIDDING: Online Bidding may be available for an item. If using an online bidding service, a bidder must in addition to accepting and following the TERMS & CONDITIONS outlined here, accept and follow the Terms & Conditions set forth by the online bidding service. Unless arrangements have been made prior to the Auction, all charges for items purchased, Buyer’s Premium, Sales Tax and Shipping will be charged to the charge card on file with the online bidding service immediately following the Auction. Gallery 319, LLC and its subsidiaries, assumes no liability for damages incurred by the failure or disruption of online services.
PRE-BIDDING: Pre-bidding may be available through online bidding services. Pre-bidding is subject to the same TERMS & CONDITIONS as those set forth for Online Bidding.
PHONE BIDDING: Phone Bidding may be available for an item. All Phone Bidders must pre-register no less than 24 hours prior to the Auction. Phone Bidding occurs through a Proxy Bidder at the Auction. The Proxy Bidder will call prior to the item being sold, and will transmit your bids to the Auctioneer. Gallery 319, LLC, and its subsidiaries, assumes no liability for damages incurred by the failure or disruption of telephone services.
LIABILITY: By Bidding, the Bidder agrees to hold Gallery 319, LLC and its subsidiaries, and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Gallery 319, LLC, its subsidiaries and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased.
SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, if the item is to be sold “Absolute” or without a reserve.
EMPLOYEES & ASSOCIATES: Employees and associates of Gallery 319, LL, and its subsidiaries, are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party.
VENUE: By bidding at this auction whether in person or by agent, absentee bid, online, by telephone bid or other means, the bidder agrees that the contract created by these conditions of sale is made and performed in the county where the Auction is conducted, in the State of Florida. Any dispute arising from this Auction will be resolved in and under the laws of the County and State where the Auction was conducted.
SEVERABILITY: The Bidder agrees that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid.