Special Terms
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By registering and bidding in an auction conducted by Vangove (Vangove auction ), Bidders (whether present in person, by telephone, by agent, by written or telephone absentee bid instruction, or through a live internet connection) agree to these terms. Please read as this is the only terms and conditions on which all property is offered for sale. Vangove retains the right to bar any Bidder from participating in any auction and to exclude or reject any bid.
1) ACCEPTANCE OF TERMS Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the Bidder?s agreement to be bound by these Terms and Conditions for Bidders. Any right of Bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of California. All Bidders submit to the personal jurisdiction of the state and federal courts in Los Angeles County.
2) Buyer?s Responsibility: Buyers are responsible for determining to their own satisfaction the true nature and condition of any lot prior to bidding. Though buyers are not legally required to inspect lots prior to purchase, failure to do so may constitute a waiver of complaint that an item was not delivered in a condition equal to the existent condition at the auction.If for some reason the shipping address cannot be found, or we need to confirm the address with " bidder/ buyer" we will charge the hammer price plus buyer premium only and charge the shipping cost after. If you fail to respond to our email confirmation of your order, you will still be liable to pay for the invoice with no refunds. If you fail to respond / claim any items you may have purchased from us within 14 days , we will consider the items to be abandoned or charge storage fee if bidder wants the item after.
3) TERMS OF SALE : Property Sold ?As Is?: Neither Vangove nor the seller/consginer provides any guarantee in relation to the nature of the property, or to any errors or omissions in the catalogue or supplemental material apart from the Limited Warranty stated below. Condition reports are offered as a courtesy and are typically published in Vangove?s catalogue or can be made available upon request. The absence of a condition report does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of others.
4) BUYER?S PREMIUM (Payment and Title Transfer: The buyer agrees to pay the sum of the hammer price plus Buyer?s Premium, plus any applicable sales tax. Successful bidders using Live Auctioneers platform will be charged a Buyer?s Premium of: (may subject to change for each auction and it will be disclosed for bidder to see before bidding ") 22-25% on the first $500,000 of the hammer price, 22% on any amount between $500,001 ? $1,000,000, and 19% on any amount above $1,000,000 Credit card payments mayl be subject to an additional 3-3.5% acceptance fee. Buyers outside the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside the United States unless Liveauctioneers accepts its payment. Payment must be received by Vangove Auction within five business days immediately following the auction. The buyer shall not acquire title or take possession of the lot until all amounts (including the hammer price, premium and applicable taxes) until total have been paid in full.
Storage: Following the auction, uncollected lots shall be relocated to and stored in Vangove?s location. Vangove shall retain possession of all purchases until full payment has been received from the buyer. Lots remaining unpaid after the fifth business day following the sale are subject to a per-lot daily storage charge of $10.00. In addition to other remedies available by law, Vangove reserves the right to impose upon delinquent buyers a separate 1% monthly charge (of the purchase price, or the maximum permitted by law) commencing on the sixth business day after the sale date.
Shipping: Vangove can take care of shipment for you by paying UPS or Fedex to pack and ship safely to its destination including insurance of the amount of the hammer price.
5) ESTIMATES AND RESERVES Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Vangove reserve the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the Seller of the lot and Vangove. In the case of reserved lots, the Seller has authorized Vangove to bid on Seller?s behalf until the reserve price is reached.
6) WARRANTIES AND DISCLAIMERS All items are available for examination and inspection prior to sale. Prospective bidders are encouraged to examine all items in which they have an interest.Vangove endeavors to accurately describe the items being sold, but all property offered for sale is strictly as is, where is, and with all faults. ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE, and NO CREDIT. It is the bidder?s responsibility to determine the exact condition/authenticity of each item. No statement in this catalogue or by representatives of vangove Auctions shall be considered as a warranty or assumption of liability. Written and oral descriptions given by Vangove Auctions staff members are given as a courtesy to a client, are only an opinion, and should not be considered as a guarantee of age, composition, or authenticity. Regarding works of Art, Vangove does not make any express or implied warranty as to the authenticity, history or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity. Any such warranty is waived. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear or imperfections. Unless noted all items have some amount of acceptable wear, scratches, nicks, missing stitches, etc. for their age. Measurements on paintings and pictures are image size. Estimates are of market value and are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer?s Premium. Vangove makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights.VANGOVE does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in the catalog descriptions may be approximate.
AFTER THE AUCTION
7) BUYER?S RESPONSIBILITY Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately (a) assumes full risk and responsibility for the lot, including liability for loss or damage and (b) is liable for payment of the Purchase Price (as defined below) to Vangove?s. It is the buyer?s responsibility to ask specific questions on condition related concerns prior to the auction. Buyer is responsible for shipping service from us in case if you do not respond, do not pay for our shipping cost, you will still be charged for hammers prices of the items and be charged our daily storage chargers if the item is not picked up by (bidder) customer within 14 days. And considered abandoned if customer never reached us or paid us for shipping cost after 30 days.
8) PURCHASE PRICE AND PAYMENT The ?Purchase Price? for each lot shall equal the hammer price, buyer?s premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Buyers who are present at the auction must pay the full Purchase Price at the time of the sale. Buyers who bid by telephone, by internet, or who are absentee Bidders will be invoiced within 5 days after the close of the auction and must pay the full Purchase Price for each purchased lot within 5 days after the date of receiving the invoice. No property will be released by Vangove unless the Purchase Price has been paid in full and the payment has cleared.
9) SALES TAX Buyers are required to pay any applicable state and local sales tax.16) SHIPPING Vangove will take care of shipment of purchased items usually within two weeks after payment has been received. Shipment is generally made via UPS or Fed-Ex Ground. Vangove is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.Property made of or containing certain plant or animal materials, such as coral, crocodile, ivory, whalebone, baleen, tortoiseshell, etc., may require a license or certificate before exportation from the United States and importation to another country. If a purchase contains these materials, the Buyer must check the government wildlife import requirements in the countries from which and to which the item is being shipped prior to bidding. Since the export and import licenses are independently issued by the countries of origin and destination, obtaining one does not guarantee that you can obtain the other. Purchasers are responsible for making all the arrangements for it.
10) SHIPPING CHARGES Buyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful Bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial and it is the buyer?s responsibility to pay for it. We ship paid items about 5 days after paid and it is with tracking number and unless won bidder reach our auction with special shipment requirements such as signature confirmation, insurance we will ship regularly and we are not liable for any missing shipments or destination address error or mistakes that won bidder did not fix or address our auction house before we shipped their items. We do our best to provide the best service possible, but post office service is not something we have control of. International shipping will be the receiver responsibility after leaves USA SINCE Post office cannot do anything after the item leaves USA, Please reach us in a advance if your International shipping needs special attention to make sure you received it properly. Pick up are not available for this auction. 18) REMOVAL /STORAGE OF PROPERTY AND CANCELLATION It is the responsibility of the Buyer to remove purchased property. If purchased property has not been removed, or Vangove has not received shipping instructions or payment within 14 days after the auction date, Vangove may charge storage fee for the item of $5 per day and consider item abandoned if not picked up or shipping paid by winner bidder and customer will still be charged for hammer price of items.We will be retaining as liquidated damages any payments made by the buyer, and/or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of Vangoves costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to VANGOVE.
(d) Jurisdiction: The rights and obligations of the parties with respect to these conditions and the conduct of the auction shall be governed and interpreted by the laws of the State of California. By bidding, whether in person or by agent, by absentee bid, telephone, internet or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of the state of California or, if applicable, the federal courts sitting in this state. Further, the buyer agrees that the venue for any action arising out of the failure to abide by these conditions, or any conduct related to or arising out of the auction, shall be the Los Angeles Superior Court, North East Branch located at 600 Olive Street, Burbank, California
