Special Terms
Terms & Conditions
If you would like to register as a telephone bidder or leave an absentee bid, please call (305) 676-2137 in order to make arrangements with one of our staff.
We are here to assist you and can answer any questions you may have.
All lot items are sold 'as is', and neither Viva Auction, nor the auctioneer or the consignor makes any warranties or representation of any kind or nature with respect to the lot item, and in no event shall either be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property, and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed to be such a warranty of representation or an assumption of liability. In no event shall Viva Auction or the auctioneer be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of any lot item and no statement by anyone or in the catalog, 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. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance must be received by Viva Auction, in writing within seven (7) days of the day of sale or bidder agrees that any such complaint shall be deemed waived. All bidders acknowledge their right to have made or requested a full inspection of any and all lot items prior to the sale and agree to be charged with all matters such inspection may have disclosed or indicated.
Inspection of the lot items is always available prior to the scheduled auction by visiting our auction gallery (2010 NE 164th St, North Miami Beach, FL 33162) from 10 AM to 5 PM, Monday through Friday, or by appointment on weekends. Please note that certain items may be stored in a secure off-site facility, so please contact us at least a day prior to arrival if there are any specific items you would like to inspect in-person.
Viva Auction reserves the right, in its sole and exclusive discretion, to withdraw any lot items from the sale at any time before the fall of the hammer.
Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the published catalog. Viva Auction reserves the right to determine any and all matters regarding the order, precedence, appropriate increment of bids or the constitution of lots.
The highest bidder acknowledged by the auctioneer at the fall of the hammer shall be deemed 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 item in dispute. If any dispute arises after sale, Viva Auction sale record shall be conclusive in all respects. All bidders must meet Viva Auction qualifications to bid. Any bidder who is not a client in good standing of Viva Auction may be disqualified at the auctioneer's sole option and may not be awarded any lots. Such determination may be made by the auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. The auctioneer reserves the right to exclude any person from the auction.
Bidders understand and acknowledge that on the day of the auction the auctioneer accepts bids from various sources, including but not limited to numerous online platforms and applications, telephone, mail, email, fax, the auction hall floor, absentee bidders, and registered clients. Competitive bids, especially those generated on internet platforms, must be placed timely. Viva Auction shall not be responsible for any internet latency or data lag which results in a delay in receiving a bid posted through the internet.
Upon the fall of the hammer or the close of any lot, future title to any offered lot or article shall pass to the highest qualified bidder as determined in the exclusive discretion of the auctioneer. The auctioneer has sole and exclusive discretion to retract any hammer in order to reopen the bidding and accept any additional bids. Auctioneer has the sole and exclusive authority to select the prevailing bid between two competing simultaneous bids. Auctioneer also has the sole and exclusive right to withdraw any lot from the auction, at any time. Title and ownership of the lot shall not transfer to the successful bidder, until Viva Auction has confirmed that the bidder has met all identification and registration procedures and requirements, and that Viva Auction has received full, clear and undisputed payment of all amounts due, even in circumstances where the lot has already been released. The bidder thereupon agrees to assume and accepts the transfer of full risk and responsibility for the lot when any third-party or carrier takes possession of the lot on behalf of the bidder or where the bidder personally takes possession of the lot, whichever occurs first. The bidder agrees to pay the full purchase price, including but not limited to any taxes, commissions, premiums surcharges, or fees, upon such terms as Viva Auction may require. All lot items purchased must be paid for upon receipt of the Viva Auction invoice which shall be issued within approximately 48 hours after the day of the auction. Viva Auction may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the total amount due on any invoice that remains unpaid fifteen (15) days after the invoice is issued.
It is the sole responsibility of the successful bidder to arrange for either the pick-up or shipping of the purchased lot(s) within 30 days of the issuance of the invoice from Viva Auction. Bidder acknowledges and understands that Viva Auction has limited storage availability. Lot items that have not been scheduled for shipping or have not been picked-up by the bidder within 30 days of the issuance of the invoice shall be subject to storage and moving charges starting on the 31st day. At that time, a $100 administrative fee shall accrue, and daily storage charges shall be charged in the amount of $50 for each large item (measuring 60'and above or weighing 50lbs or more); $25 for each medium item (measuring 24'and above or weighing 15lbs or more); and $10 for each small item (measuring 23'and less or weighing 14lbs and under). All daily storage charges shall accrue per individual lot item and shall accrue at a rate determined by the higher of either the size or weight of each item. Additional charges may be assessed if the lot item must be moved to another location. In the event that the lot items are not removed within 90 days from the date of the issuance of the invoice, the bidder acknowledges that Viva Auction may offer and list the lots for sale, without reserve in any upcoming auction, to recover any past due storage and moving fees, in addition to a 50% seller's commission from Seller. Any excess funds recovered after the payment of the fees and commissions shall be returned to bidder.
Receipt of undisputed full payment is a precondition to removal of any lot item. Payment may be made by cash (in-house only with acceptable documentation as required by Viva Auction), money order, Visa, MasterCard, American Express, certified check or similar bank draft. Personal checks will be acceptable only if credit has been established with Viva Auction or if a bank authorization has been received guaranteeing a personal check. Viva Auction reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Viva Auction a handling charge and processing fee of $75.00 for any check dishonored by the drawee. Viva Auction may charge monthly interest in the amount of 1.5% on any balance remaining fifteen (15) days after the issuance of the invoice.
If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Viva Auction may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
In no event will the liability of Viva Auction to any purchaser or bidder with respect to any item exceed the purchase price actually paid by such purchaser for such item.
Shipping and/or pick-up of each lot item is ultimately the responsibility of the purchaser. As a convenience for certain lot items, Viva Auction will include a quote for available in-house shipping on each invoice. Shipping quotes are based on volume and size of the items, in addition to distance. If purchaser wishes to arrange their own shipping or pick-up of the lot item(s), such arrangements must be arranged and confirmed to Viva Auction within the time period outlined in Paragraph 6 above. With respect to lot items for which Viva Auction does not provide an in-house shipping quote, upon request we will provide the purchaser with a list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species and subject to CITES regulations. Import restrictions from foreign countries are subject to these same governing laws and CITES regulations. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the purchaser. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
Unless the sale is specifically and explicitly advertised and announced as 'without reserve', each lot is offered subject to a reserve and the Auctioneer may implement such reserves by bidding through its representatives on behalf of the Consignors. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Viva Auction, below which the lot may not be sold. Bidder acknowledges that a set reserve may not be relative to the estimates. A representative of Viva Auction, including the Auctioneer may execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, unless the auction is advertised or announced as 'without reserve', the auctioneer may reject any bid or raise which is not appropriate with respect to the value of such lot.
Florida State and County sales tax shall be applied and collected accordingly by either Viva Auction or the third-party platform you are bidding on. Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of a State of Florida sales tax exemption prior to the start of the auction, for which they are bidders.
A buyer's premium equal to 25% of the final bid price, to be paid by the buyer as part of the purchase price, will be added to the hammer price. This buyer's premium is nonrefundable under any circumstance including in the event of a cancellation or a return of any lots purchased for any reason. Any presale bids must be left in writing and approved by Viva Auction via our email at auction@auctionwallstreet.com. 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 presale bid.
Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
Viva Auction and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Any such rights generally remain with the copyright holder and/or the artist. Viva Auction expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Viva Auction relating to a lot, including the contents of any catalog or listing, is, and shall remain at all times, the sole intellectual property of Viva Auction and shall not be used by the purchaser, nor by anyone else, without prior written consent.
These terms and conditions of sale shall be construed in accordance with the laws of the state of Florida. The purchaser and/or bidder agrees and consents to submit to the personal jurisdiction in the state and federal courts located in the venues of Broward County, Florida, United States. The prevailing party to any dispute in court related to or otherwise arising out of this agreement will be entitled to recover reasonable attorney's fees and court costs both at the trial and appellate level.
Viva Auction reserves the right to reject any registration of a potential bidder prior to or during any sale. Viva Auction also reserves the right to disable or deactivate any bidder's account at any time, either before, after or during a sale. Viva Auction also reserves the right to cancel any sale, post-auction if there is any suspicious activity related to the transaction.
Viva Auction reserves the right to update these Terms and Conditions at any time without notice. It is the responsibility of the bidder/user to review the Terms and Conditions for any updates or revisions.
