Auction Terms and Conditions
effective Date : 3/18/2020
Each Auction conducted on the Service is of a destine set of items ( each a “ Lot ” ) on a designate date or dates. Lots are provided by the party that wishes us to sell property on their behalf ( each such party a “ Consignor ” ). The Service will provide the pertinent information for each Auction, including date, start of auction, each Lot to be sold, and placement. Certain Auctions on the Service may besides be contemporaneously conducted know in-person, while other Auctions may be entirely conducted on the Service. All Auctions conducted by Julien ’ mho Auctions, and these Auction Terms and Conditions, are governed by the laws of the State of California. Julien ’ sulfur Auctions maintains a bond on file with the California Secretary of State as required by California Civil Code §1812.600 .
In order to participate in an auction, adjustment is required for all persons wishing to Bid ( “ Bidders ” ). Any person registering to Bid by earphone, absentee, or in person will complete a Bidder Registration Form. Online Bidders will submit a completed electronic form through the Service at julienslive.com, where they besides may establish a Member Account. Each auction requires a separate adjustment ; Bidders with a Member Account may register for Auctions via their account .
( b ) First Time Bidders. For verification purposes, Bidders who have not participated in an auction are required to submit a copy of their ( A ) official government-issued identification ( driver ’ south license / passport / state identification tease ) and ( B ) credit card. Copies of such documents may be submitted in person, via facsimile 310-388-0207 or email bid @ juliensauctions.com. failure to do so may inhibit your ability to cross-file .
( vitamin c ) Credit Card Authorization. We ( and/or our third-party requital processor ) may verify citation tease information in order to register. To verify your card, we will charge $ 0.01 to it. After the card is verified, we will immediately refund the card . Your circuit board issuer will recognition your wag balance within thirty ( 30 ) days from the go steady of the refund. In the consequence you add or replace a accredit card, we may besides verify such new or replacement recognition tease .
( d ) Minors. Bids will not be accepted from those persons under the historic period of eighteen ( 18 ) without ( i ) written accept of said person ’ sulfur rear or legal defender, or ( two ) unless such person is an emancipate minor. spell accept must acknowledge the terms and conditions of sale. This written accept constitutes an agreement to be bound thereby on behalf of the Bidder .
( e ) Responsibility for your Account. Bidder acknowledges and agrees that all Bids placed under Member ’ mho Account are considered to be placed by the Member or with Member ’ s mandate .
( farad ) Approval of Registration. Julien ’ s Auctions, in its sole and absolute discretion, reserves the right to approve or reject Bidders for its Auctions at any time. We are under no obligation to accept your application for registration .
( gigabyte ) Term of Registration. Upon approval by Julien ’ s Auctions, your adjustment is effective throughout the applicable auction for which you registered and any post-Auction obligations you incur in joining with Bids you placed during such Auction .
Upon completed and approved registration, Bidders may submit a oblige offer to purchase a Lot at a pin down price ( a “ Bid ” ) in an auction .
( a ) Placement; Payment Authorization. When a Lot at the Auction goes live, Members are release to place bids under their Member Account on such Lot ( iodine ) if an auction conducted both in-person and on-line, until the individual conducting the sale for Julien ’ randomness Auctions ( the “ Auctioneer ” ) determines that bidding on such Lot has closed, or ( two ) if an online-only auction, in accord with the parameters set forth on the Service for such Lot. As bids are placed, Julien ’ s Auctions reserves the right to authorize your credit card for any bid sum placed. If an authorization was made on a Bid and you are subsequently outbid, Julien ’ mho Auctions will release that mandate .
( b ) Notifications. If you are placing Bids via the Service, each time you are outbid Julien ’ second Auctions will send you an electronic mail message presentment advising you of such. If you are the Winning Bidder for a given Lot, Julien will send you an electronic mail message ratification .
( coke ) Bid Conditions. Julien ’ s Auctions reserves the right to accept or decline any Bid. Bids must be for an entire Lot. Each Lot constitutes a branch sale. All Bids are per Lot unless otherwise announced at a live sale by the Auctioneer. All victorious Bids are subject to a Buyer ’ sulfur Premium ( as defined herein ). live auction Lots will be sold in their count sequence unless the Auctioneer directs otherwise. Julien ’ sulfur Auctions may cancel any Lot and have it removed from an Auction prior to acceptance of a winning Bid. In the event a Lot is removed from an auction, notice will be provided ( one ) on the Service, ( two ) via e-mail to Bidders who placed their bid on such Lot via the Service, and ( three ) if the Auction is an in-person auction, at the physical localization of the Auction. In such example of Lot removal from an Auction, any Bids previously placed on such Lot prior to its removal from the Auction shall be cancelled, and Julien ’ mho Auctions will not receive any further Bids on such Lot .
( five hundred ) Purchase Obligations. In connection with making Bids, Bidders agree that the file Bidder with the highest bid at the close of the Auction will be obligated to purchase the Lot. By bidding on any Lot, you agree to purchase the Lot at the monetary value you have Bid. You agree that should you Bid on a Lot and that Bid is the winning Bid, that you are bound to pay Julien ’ mho Auctions the winning command amount for the Lot. All sales are concluding and winners can not cancel. No exceptions will be made. You further acknowledge and agree that the winning Bid you submit for each Lot is subjugate to : ( one ) extra fees, including the Buyer ’ s Premium and Online Service Fee ( if applicable ), and ( two ) extra costs, including taxes, embark ( if applicable ), repositing ( if applicable ), and customs ( if applicable ), and that you are obligated to pay such fees and costs in connection with your winning Bid .
( einsteinium ) Conduct. It is unlawful and illegal for Bidders to collude, pond, or agree with another Bidder to pay less than the fair value for Lot ( s ). Bidders participating in both be and on-line auctions acknowledge that the law provides for substantial penalties for those who violate these provisions .
( farad ) Disputes Between Bidders. For live auctions the Auctioneer will have final discretion in the event that any quarrel should arise between Bidders. The Auctioneer will determine the successful Bidder, cancel the sale, or re-offer and resell the Lot or Lots in quarrel. Julien ’ s Auctions will have final examination free will to resolve any disputes arising after the sale and in on-line auctions. If any dispute arises our sale record is conclusive .
( gigabyte ) Online Bids. Our on-line auction software is provided “ As Is ” and “ As Available. ” High rush internet access is required to access the Service efficaciously. The Service is subject to limitations, delays and other problems built-in in the use of the Internet and electronic communications. Julien ’ sulfur Auctions is not responsible for any delays, manner of speaking failures, or early wrong resulting from such problems .
( h ) Reserve. All of the Lots offered at Auction are subject to a confidential minimum price acceptable to the Consignor at which the Lot will be sold ( the “ Reserve ” ). Julien ’ randomness Auctions is not obligated to sell the Lot unless the Reserve is met. A Lot or Lots may be withdrawn from an auction if there is no Bid equal to or above the Reserve .
During a hot auction the auction may open any Lot by bidding on behalf of the Consignor and may bid up to the come of the Reserve, by placing consecutive or straight bids for a Lot or Bids in response to early Bidders. Online sales may do the lapp by employing the use of a starting Bid which will commence invite at or below the modesty price agreed to by the Consignor .
4. Winning Bids.
At the close of the Auction, the highest bid for a Lot will be considered the “ Hammer Price ”, and the successful Bidder shall be informed by e-mail ( the “ Winning Bidder ” or the “ Purchaser ” ). The Winning Bidder is creditworthy for paying to Julien ’ second Auctions the Hammer Price, Buyer ’ mho Premium, and all applicable taxes, plus transport costs ( if applicable ), insurance costs while in transit ( for items not picked up in person ), Online Service Fee ( if the Winning Bidder placed the Bid on-line via the Service ) and any applicable customs and/or duties ( such amounts jointly, the “ Total Purchase Price ” ). Upon stopping point of the Auction, we will provide the Winning Bidder with an account statement of the full Purchase Price by electronic mail .
( a ) Risk of Loss; Release of Lots. Upon constitution of the Hammer Price for the buy of the Lot ( the “ Sale ” ), the Winning Bidder immediately thereafter assumes full province for all risk of loss or price ( including, without limitation, liability for or damage to frames or methamphetamine covering prints, paintings, photos, or early works ) and will immediately pay the entire Purchase Price or such depart as Julien ’ south Auctions may require. All Sales are final. Lots will be released to you ( or the ship ship’s company, as applicable ) upon our receipt of payment of the entire Purchase Price in full from you .
( boron ) Buyer’s Premium. Winning Bidder agrees that in addition to the Hammer Price, the Lot will be submit to an extra charge on the Hammer Price as character of the total purchase price ( the “ Buyer ’ s Premium ” ). The Buyer ’ south Premium is as follows :
Lots with a Hammer Price of up to $ 100.00. For individual Lots with a Hammer Price of up to and including one hundred United States Dollars and zero cents ( $ 100.00 ), the Buyer ’ mho Premium is twenty-five United States Dollars and zero cents ( $ 25.00 ) .
Lots with a Hammer Price of $ 100.01 up to and including $ 200,000.00. For individual Lots with a Hammer Price of one hundred United States Dollars and one penny ( $ 100.01 ) to two hundred thousand United States Dollars and zero cents ( $ 200,000.00 ), a Buyer ’ s Premium of twenty-five percentage ( 25 % ) will be added to the Hammer Price .
example : The Hammer Price on a Lot is one hundred and fifty dollar bill thousand United States Dollars ( $ 150,000 ). The winning Bidder would pay a Buyer ’ mho Premium of 25 %, i, thirty-seven thousand five hundred United States Dollars ( $ 37,500.00 ) on such Lot .
Lots with a Hammer Price of $ 200,000.01 and above. For individual Lots with a Hammer Price of two hundred thousand United States Dollars and one cent ( $ 200,000.01 ) and above, a Buyer ’ second Premium of twenty-five percentage ( 25 % ) will be added to the Hammer Price up to $ 200,000.00, and an extra Buyer ’ second Premium of twenty dollar bill percentage ( 20 % ) will be added to any sum above $ 200,000.00.
model : The Hammer Price on a Lot is two hundred and fifty thousand United States Dollars ( $ 250,000.00 ). The victorious Bidder would pay a total Buyer ’ s Premium of sixty thousand United States Dollars ( $ 60,000.00 ) on such Lot, calculated as follows : 25 % of the first $ 200,000.00, i.e. fifty dollar bill thousand United States Dollars ( $ 50,000.00 ), plus 20 % of the remaining $ 50,000.00, i.e. ten thousand United States Dollars .
( c ) Online Service Fee. For all Lots where the Winning Bid is submitted on-line via the Service, an extra three percentage ( 3 % ) of the Hammer Price ( the “ Online Service Fee ” ) will be added to the Buyer ’ s Premium measure detailed immediately above .
exercise : The Hammer Price on a Lot is two hundred and fifty dollar bill thousand United States Dollars ( $ 250,000.00 ), with the highest bid being placed on-line via the Service. The gain Bidder would pay, in addition to the Buyer ’ second Premium, an Online Service Fee of seven thousand five hundred United States Dollars ( $ 7,500.00 ) .
( d ) Taxes. Winning Bidder agrees that he/she is responsible for the payment of any and all applicable taxes due in connection with such Lot, including but not limited to sales tax, use tax, and value-added tax ( VAT ). All items picked up in California will be charged California express sales tax, as will all items sent to California residents. All items sent to New York residents will be charged New York department of state sales tax .
( e ) Lot Retrieval. All Lots must be removed from our premises by the Winning Bidder within thirty ( 30 ) calendar days of the conclusion of the Auction at the Winning Bidder ’ s own expense .
in-person Pick-up ; Storage Fees. If you intend to pick up your items as the Winning Bidder, arrangements must be made upon your detect to us in conjunction with requital of the entire Purchase Price for the Lot. If, after thirty ( 30 ) days following your requital of the full Purchase Price, the Lot is not removed : ( A ) a handling appoint of eight dollars ( $ 8.00 ) per day or one percentage ( 1 % ) of the total Purchase Price per calendar month, whichever is greater, will be account payable to us by the Winning Bidder, with a minimal of five hundred dollars ( $ 500.00 ) or five percentage ( 5 % ) of the total Purchase Price for any Lot not so removed within sixty ( 60 ) calendar days after the Sale, whichever is greater ( the “ storage Fees ” ) ; and ( B ) we may send the Lot to a public warehouse or memory facility, at Winning Bidder ’ s sole risk and expense. If Winning Bidder fails to remove the Lot within one hundred and eighty ( 180 ) days following the Sale, then, in summation to the storage Fees, Julien ’ s Auctions shall have the right ( but not the duty ) to dispose of or retain any such Lot. All costs incurred by Julien ’ s Auctions in connection with the removal or disposal of any such Lot shall be paid by Winning Bidder within ten ( 10 ) days of our written presentment to you of such costs .
Shipping. Winning Bidders are creditworthy for all costs to ship their items. transport is not included in the Hammer Price of your auction items. Please review the ship terms for your items. Some items may be shipped directly by Julien ’ mho Auctions, or we may contract with an outside transport company ( “ Shippers ” ), to ship your Lot to you. Please permit 2-12 weeks for the delivery of your Lot to you ; rescue clock is dependent upon the size of the Auction, the destination address of the Lot, and the method acting of exile to deliver the Lot. Julien ’ mho Auctions and Shippers are not responsible for revert or undeliverable shipments. particular eminence Regarding COVID-19 : Please allow for extra time for packaging, ship and delivery in the event that 1 ) union, state, and/or local governments and municipalities impose business operating restrictions and/or 2 ) any other unanticipated circumstances rise related to COVID-19 that may affect our ability to prepare and ship items within our standard timeframes .
International. Julien ’ randomness Auctions will provide you with a customs text file detailing the value of items purchased. Julien ’ south Auctions and Shippers are not responsible if there are any delays in customs. Purchasers are responsible for complaisance with all laws and regulations applicable to the international purchase and dispatch of items. Purchaser understands that the cargo of Lots internationally is subject to United States export controls and trade wind and economic sanctions laws, and agrees to comply with all such laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce, and the craft and economic sanctions maintained by the United States Treasury Department ’ s Office of Foreign Assets Control .
( degree fahrenheit ) Invoices and Payments. All invoices must be paid within ten ( 10 ) calendar days after the close of the Auction .
Payments. Julien accept payment by cashier ’ second check, personal check, cable transfer, American Express, Mastercard, and Visa. Winning Bidders who wish to pay by check may do so by making checks account payable to :
Julien ’ s Auctions
8630 Hayden set
Culver City, CA 90232
Credit Card Authorization. Bidder authorizes Julien ’ s Auctions to charge Bidder ’ s credit calling card provided at registration for all items purchased at any Auction that Bidder may participate in, if not paid in full within ten ( 10 ) calendar days after the close of the Auction. march fees for credit card payments may apply. All invoices under five thousand United States Dollars ( $ 5,000.00 ) will mechanically be charged to the recognition menu on file unless prior arrangements are made. All invoices over five thousand United States Dollars ( $ 5,000.00 ) will automatically be charged five thousand United States Dollars ( $ 5,000.00 ) as a depository to the credit menu on file unless prior arrangements are made. A 2 % credit circuit board processing tip is assessed and added to the sum of all invoices ten thousand United States Dollars ( $ 10,000.00 ) or higher which have payment made by credit card .
Lot Rights. In the consequence Julien ’ s Auctions has agreed in writing prior to the auction to provide payment terms or an run period of prison term for requital to you, you acknowledge and agree that you shall have no good, title, or pastime in and to any place purchased by you until all amounts owed by you are paid in full .
If you fail to comply with the terms of the requital plan or exsert payment period, upon your default option, Julien ’ mho Auctions shall have the definitive justly, at its sole discretion, to sell some or all of the place on which you were the Winning Bidder, and to apply the proceeds toward the counterweight of any monies owed by you to Julien ’ s Auctions. If the monies received through the sale of the items do not meet your outstanding obligations, Julien ’ south Auctions shall have the right to pursue any and all remedies available under the law against you pursuant to the provisions set forth herein. If the monies received through the sale of the items exceed your great obligations, the excess, minus any fees or costs incurred by Julien ’ randomness Auctions in connection with and arising out of the sale of the properties, shall be refunded to you .
recently payment Fees. Commencing with the one-tenth day following the sale, payments not received by Julien ’ second Auctions will incur a late charge of one-and-a-half percentage ( 1.5 % ) per calendar month ( or the highest pace allowable by law, whichever is lower ) on the outstanding total Purchase Price .
excess Fund Return. In the event you are the Winning Bidder on a Lot and anterior to an auction you provided us with a depository for your Bid which exceeds the total Purchase Price, we will return any such excess within thirty ( 30 ) business days of the conclusion of the Auction, unless stay is compelled by ( A ) legal proceedings, or ( B ) our inability, through no fault of our own, to transfer title to the Lot or comply with any planning of California Civil Code Section 1812.600-1812.609, the California Commercial Code, the California Code of Civil Procedure, or other planning of applicable jurisprudence .
( deoxyguanosine monophosphate ) Defaults; Julien’s Remedies. If acquire bidder does not comply with the conditions herein, such Winning Bidder will be in nonpayment. In addition to any and all other remedies available to Julien ’ randomness Auctions and the Consignor by law and at equity, including, without restriction, the right field to hold the Winning Bidder liable for the full Purchase Price, including all fees, charges and expenses more in full set forth herein, we, at our option, may : ( a ) cancel the sale of the national Lot, or any other lots sold to the defaulting Purchaser at the lapp or any other Auction, retaining as neutralize damages all payments made by the Purchaser ; ( b ) resell the buy property, whether at public auction or by individual sale ; or ( c ) effect any combination thereof. In any lawsuit, the Purchaser will be liable for any lack, any and all costs, handling charges, belated 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 exclusive free will, apply any proceeds of sale then due or thereafter becoming due to the Purchaser from us or any consort 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 insufficiency and any other amounts ascribable to us or any affiliated companies. In addition, a defaulting Purchaser will be deemed to have granted and assigned to us and our consort companies, a continuing security interest of first gear priority in any property or money of our owing to such Purchaser in our possession or in the self-control of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations ascribable to us or to any consort caller of ours. Payment will not be deemed to have been made in wax until we have collected good funds. In the event the buyer fails to pay any or all of the entire Purchase Price for any Lot and Julien ’ south Auctions elects to pay the Consignor any assign of the sale proceeds, the buyer acknowledges that Julien ’ s Auctions shall have all of the rights of the Consignor to pursue the Purchaser for any amounts paid to the Consignor, whether at police, in equity, or under these Auction Terms and Conditions .
Julien ’ mho Auctions further reserves the right to prohibit defaulting Purchasers from being approved for registration at future Auctions .
( a ) Warranty; Disclaimers. Julien ’ s Auctions warrants the authenticity of Attribution ( as defined below ) of property listed in the catalog or on-line as stated in the Attribution Warranty below. Except for the Attribution Warranty, all property is sold “ As Is ”. We make no warranties, nor does the Consignor, as to the merchantability or fitness for a particular aim, the correctness of the catalogue or other description of the forcible discipline, size, quality, rarity, importance, medium, birthplace, exhibitions, literature or diachronic relevance of any property. No oral or written statements made in the catalogue, on-line listing, ad, bill of sale, and announcement or elsewhere made by employees ( including affiliated and related companies ) shall be considered a guarantee. We and the Consignor make no representations and warranties, press out or implied, as to whether the buyer acquires any Intellectual Property Rights, including but not limited to, any replica rights of any property. We and the Consignor are not responsible for errors and omissions in the catalog, on-line listings or any other supplementary material .
( bel ) Evaluation; Item Descriptions. It is the sole duty and risk of prospective Bidders to make the decision of whether a Lot is suitable for Bid .
Catalogues. While Julien ’ south Auctions customarily produces print catalogues of all Lots available for an Auction, such catalogues are for exemplifying purposes only. Descriptions of Lots therein are not comprehensive and may contain errors. We do not warrant any aspect of content in our catalogues other than the Attribution of Lots .
condition Reports. Bidders may request a written report of the Lot ’ s compensate and restoration history ( a “ Condition Report ” ) by emailing information @ juliensauctions.com for a Condition Report. other than Attribution, we do not make any representations or warranties, express or implied, concerning any content in a Condition Report. We will customarily provide Condition Reports so retentive as we receive a written request from you at least forty-eight ( 48 ) hours anterior to the Auction. You agree that any Condition Report ( s ) we provide to you are the confidential information of Julien ’ second Auctions, are to be utilized for your personal purposes entirely, are to be treated by you with the same degree of wish that you utilize to protect your own confidential information ( provided, however, that you must at least use reasonable care ), and are not to be disclosed to one-third parties unless mandated by law. If you breach any obligations in this section, Julien ’ mho Auctions shall be entitled to seek equitable stand-in to protect its interest therein, including but not limited to injunctive relief american samoa well as money damages. These confidentiality obligations will survive the decision of any Auction .
( carbon ) Pricing. All Lot price is listed in United States Dollars. We may offer certain programs, tools, and web site experiences of particular interest to external users, such as estimated local currentness conversion and external embark calculation tools, but these are offered for appliance only .
8. Attribution Warranty.
( a ) Attribution. “ Attribution ” is defined by Julien as the godhead, period, culture, or beginning of lineage, as the subject may be as stated in the ( a ) Heading set forth in bold type of a Lot in a be auction catalog, as amended by any statements by the auctioneer and/or written showroom notices and announcements ( “ Bold Type Heading ” ) or ( bacillus ) the fortune Title of an on-line auction, as amended by any on-line notices and announcements ( “ Online Lot Heading ” ) ( Bold Type Heading and Online Lot Heading jointly, “ Headings ” ).
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( boron ) Attribution Warranty. Subject to the exclusions below, we make no warranties to data not contained in Headings. Subject to the exclusions listed below, Julien ’ south Auctions warrants the Attribution of a Lot for a period of one ( 1 ) class from the date of sale and lone to the original Purchaser on record at the auction. If it is determined to our gratification that the Attribution is wrong, the sale will be rescinded if the Lot is returned to the Julien ’ second Auctions warehouse facility in the like condition in which it was at the prison term of sale. In order to satisfy us that the Attribution of a lot is indeed wrong we reserve the right to require the Purchaser to obtain, at the Purchaser ’ s expense, the impression of two experts in the field, mutually acceptable to Julien ’ second Auctions and the Purchaser, before we agree to rescind the sale under the guarantee. This guarantee is not assignable and applies only to the original Purchaser on record with Julien ’ south Auctions. This guarantee does not transfer to any subsequent owners of any buy property ( this includes without limitation, heirs, successors, beneficiaries or assigns ) .
( speed of light ) Remedies. Should a Sale be rescinded and the entire Purchase Price paid, it is specifically understand that this will be considered the sole redress. It is single and in stead of any other redress available as a matter of law, or in equity .
( five hundred ) Exclusions. Exclusions will be made and this guarantee does not apply to Attribution which on the go steady of sale was in accord with the then by and large accepted impression of scholars and specialists, or the identification of periods or dates of execution which may be proven inaccurate by means of scientific processes not broadly accepted for use until after publication of the catalog or list on-line, or which were unreasonably expensive or impractical to employ .