There are 4 ways to bid with us if you cannot make it in person
to the auction.
-
Leave an absentee bid
on our online catalog.
Click here to go to our catalog. when you find
an item you want to bid on, hit the view/bid button on the
right of the catalog. That will take you to the item
page where you can fill in the maximum absentee bid amount
you would like to submit. If you have never registered
to bid online create an
account here. After you sign up you will have a
username and password you can use anytime in the future to
bid on the catalog.
-
Leave an absentee bid
by filling out form. We have a simple word
document you can
download here, which you can print, fill out and fax
or email back to us.
-
Leave a request to be
called for phone bidding. Download the same
easy form,
fill out and write or type 'phone bid' in the amount column.
Fax or email it to us. Serious Bidders only.
Buyers Premium of
20% on all phone bids.
-
We also offer live online platforms to bid live
during the auction.
Click on any of the above logo's to visit our
catalog
on any of the live bidding platforms.
New Bidders Register online to bid on our catalog
Bid Absentee Online with us on our Catalog!
For Faxing: Download Form
The form is a simple word document,
just fill in the blanks and
fax to 805.649.5339 or
email to
info@californiauctioneers.com
For information about consignment. Please email photo's to
info@californiauctioneers.com or call directly @ 805-649-2686
Do you have a balance
to pay online?
Pay now with pay pal,
click buy now, fill in
name and amount no problem
In House Terms and
Conditions:
Auction
Terms:
California
Auctioneers has made a reasonable effort to describe
items correctly. However we do not warrant the correctness of
description, signatures, marks, authenticity or condition of
said items. Please preview all items carefully and use your own
judgment. Final decision on auction block overrides listing. All
sales final, all items sold as is. Your bid is a contract.
Auction checkout:
Any time
during auction and or Monday & Tues 9AM - 5 PM. We ask that all
items be picked up no later than 5PM Tuesday after the
auction. Calif. Auctioneers will not be responsible for any
items left thereafter.
Payment:
Cash,
cashiers check, ATM, Visa & M/C.. All items must be paid on day
of sale. 15% buyer's premium on all items. All sales final, all
items sold as is.
Absentee
bids & Phone bids: accepted with balance due by 5PM Tuesday
after sale day. All absentee bids, online bids and phone bids
must be submitted by 5 PM Pacific time one day before the
auction sale. (Please note: as of January 2012 buyer’s premium
on all phone bids will be 18%). In the event of a tie bid
between absentee, online and floor bids – auctioneers reserve
the right to give floor bid precedence.
Vehicle
terms: 15% Cash down on day of sale with balance due in 2
working days from sale with cash or cashiers check. 15%
buyer's premium.
For
online purchases:
Please
Review the Auction Terms on Whichever online platform you choose
to bid. Your Bid is a contract. In the event of a tie bid
between in house, absentee and online – auctioneer has the right
to give floor bid precedence. All auction purchases must be paid
within one business day of the auction. If you are the winning
bidder you should contact the auction with credit card
information to make payment. If your card is registered with
the auction platform, we still need ccv number to reconcile.
Shipments may be arranged through Box Brothers, the UPS store or
shipping company of your choice. We encourage physical pick up
on items that are difficult to ship.
Charles
Rucker at Box Brothers: crucker@boxbros.com or call
800.842.6937. Website:
www.boxbros.com.
Ram
Manwani at the UPS store:
store3802@theupsstore.com or call (805)643-6245.
Fax: (805)643-7447
CONDITIONS OF SALE
By bidding at auction, whether present in person or by agent, by
written bid, or other means, the buyer agrees to be bound by
these Conditions of Sale:
1.
As used in these Conditions of Sale, the term "final bid" means
the highest bid acknowledged by the Auctioneer and the "purchase
price" means the sum of the final bid plus the premium payable
by the buyer, as set forth in Condition 4.
2.
The highest bidder acknowledged by the auctioneers shall be the
buyer. The Auctioneer has the right to reject any bid, to
advance the bidding at his absolute discretion and in the event
of any dispute between bidders, to determine the successful
bidder or to reoffer and resell the lot in dispute. In the
event of any dispute after the sale, California Auctioneers &
Appraisers record of final sale shall be conclusive.
3.
California Auctioneers & Appraisers reserves the right to
withdraw any lot before or at the sale.
4.
The purchase price payable by the buyer shall be the sum of the
final bid plus a premium of 15% of the final bid.
5.
Title to the offered lot shall pass to the buyer upon the fall
of the Auctioneers hammer or the Auctioneer verbalizing "sold",
subject to compliance by the buyer with all other Conditions of
Sale. Such buyer shall forthwith assume full risk and
responsibility for the lot and shall pay the full purchase price
or such part thereof as California Auctioneers & Appraisers, in
its sole discretion, shall require. In addition, the buyer may
be required to sign a confirmation of purchase.
6.
No lot may be removed from California Auctioneers & Appraisers
premises until the buyer has paid in full the purchase price
therefore or has satisfied such terms as California Auctioneers
& Appraisers, in its sole discretion, shall require. Subject to
the foregoing, all lots are to be paid for on the day of sale
and removed from California Auctioneers & Appraisers.
7.
Bids which are submitted to California Auctioneers & Appraisers
in writing or are otherwise left with California Auctioneers &
Appraisers prior to an auction for execution at or below a
specified price, as well those bids arranged by telephone, shall
be entertained and executed by California Auctioneers &
Appraisers for the convenience of bidders not present at
auction, but California Auctioneers & Appraisers shall not be
responsible for failing to execute such bids or for errors
relating to its execution of such bids.
8.
Unless exempted by law, the buyer shall be required to pay any
applicable state and local sale tax on the purchase price.
All property is sold "as is" in accordance with the section
entitled Absence of Other Warranties, and neither California
Auctioneers & Appraisers nor the seller makes any express or
implied warranty or representation as to the condition of any
lot offered for sale, and no statement made at any time, whether
oral or written shall constitute such a warranty or
representation.
Descriptions of condition are not warranties. The description
of the conditions of articles in damage or repairs, are provided
as a service to interested persons and do not negate or modify
the section entitled Absence of Other Warranties. Accordingly,
all lots should be viewed personally by prospective buyers to
evaluate the condition of the articles for sale.
Absence of
other Warranties
Except as specifically provided, all property is sold "as is"
and neither California Auctioneers & Appraisers the seller's
agent, nor the sellers makes any express or implied warranty or
representation of any kind or nature with respect to the
property. In no event shall California Auctioneers & Appraisers
or the seller be responsible for the correctness of, or be
deemed to have made, any representation or warranty of
merchandise as set forth in this catalog or made at the sale or
in the bill of sale or invoice or elsewhere, whether oral or
written, shall be deemed such a warranty or representation or an
assumption of liability.
RISK OF LOSS
In the event delivery cannot be made because of loss due to
fire, theft, or any other reason, the Auction House shall only
be liable for the return of any deposits or payments made by the
purchaser. NO WARRANTY ALL ITEMS SOLD "AS IS AND WHERE IS"
THE AUCTION HOUSE, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR
DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR
ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR
RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS,
CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR
MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR
MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY
AUCTIONEER AND BUYER.
1. Lots Sold to The Highest Bidder: The highest bidder
acknowledged by the auctioneer shall be the buyer. The
auctioneer has the right to reject any bid, to advance the
bidding at his or her absolute discretion and, in the event of
any dispute between bidders or any other issue with respect to
the highest bidder, to determine the successful bidder, to
continue the bidding or to re offer and resell the lot in
question. In the event of any dispute after the sale, California
Auctioneers. Inc., a California Corporation (hereinafter
referred to as, California Auctioneers), record of final sale
shall be conclusive.
2. Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE EXCLUDED.
NEITHER WE NOR THE CONSIGNOR OR OUR ASSOCIATES MAKE ANY
REPRESENTATION, EXPRESSED OR IMPLIED WARRANTY, OR GUARANTEE IN
CONDITION, SIZE, PROVENANCE, MEDIUM, SIGNATURE, INSCRIPTION,
EXHIBITION (S), IMPORTANCE, RARITY, COUNTRY OR ORIGIN, AGE,
GENUINENESS, SUBJECT HISTORICAL RELEVANCE, MONETARY OR OTHER
VALUE, FRAMING OR LACK THEREOF, MOUNTING, CONSERVATION, COLOR
(S), PALETTE, INSCRIPTION, EDITION, STYLE LABEL OR OTHER
DESCRIPTOR. NO STATEMENT IN THE CATALOG, BROCHURES OR IN THE
BILL OF SALE OR INVOICE OR BIOGRAPHIC INFORMATION OR STATEMENTS
MADE BY THE AUCTIONEER DURING THE AUCTION OR ELSEWHERE SHALL BE
DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF
LIABILITY. NO EMPLOYEE OF CALIFORNIA AUCTIONEERS IS AUTHORIZED
TO MAKE, ON OUR BEHALF OR THAT OF THE CONSIGNOR, ANY
REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, WITH RESPECT TO ANY
PROPERTY.
3. Buyer's obligation to inspect each item: Buyers are strongly
encouraged to view all items auctioned on display before the
auction to determine the true condition and nature of any item(s)
of interest. Although there is no legal requirement that each
buyer inspect lots purchased before the auction, the failure to
inspect may constitute a waiver of that buyer's complaint that
the item was not delivered in a condition equal to the existent
condition at the auction as described in section 14 of these
Conditions of Sale.
4.
All Sales Final: Notwithstanding any other terms of these
conditions, any and all refunds shall be given at the sole
discretion of California Auctioneers. Refunds requested on the
grounds of authenticity must be made within 10 days of the
auction date, and such requests must be accompanied by at least
one supporting statement in writing from a recognized authority
stating that the painting or art sold is incorrect or not the
work of the artist. A recognized authority shall be defined as a
person who has authored, edited, or substantially contributed to
a monograph on the artist, a person who has curated, organized
or substantially contributed to a solo exhibition on the artist,
a person who has represented the artists estate or someone who
represented or worked closely with the artist while they were
alive and, in any of the above instances physically handled
works of the period, medium and subject matter in question
during the course of their duties. Please note that dealers who
advertise to buy a wide range of artists, appraisers and
representatives of other auction firms do not qualify as
authenticators of individual artists unless they have had such
specific involvement with an artists work as specified above in
addition to their daily duties. Any lot in question must be
returned to California Auctioneers in the exact same condition
as when sold. Please be advised that California Auctioneers does
not grant extensions to refund considerations based upon
authenticity due to shipping delays. There are no exceptions to
this refund policy.
5. The Right to Withdraw Lots: California Auctioneers reserves
the right to withdraw any lot before or at the sale.
6. Buyer's Premium: The purchase price payable by a buyer shall
be the sum of the final bid plus a premium of 18% of the final
bid price.
7. Lots are Subject to a Reserve Price: Some lots in the auction
are subject to a reserve, which is the confidential minimum
price below which the lot will not be sold (the reserve). In no
event will the reserve price exceed the low estimate. California
Auctioneers shall act to protect the reserve by bidding through
the auctioneer. The auctioneer may open bidding on any lot below
the reserve by placing a bid on behalf of the seller. The
auctioneer may continue to bid on behalf of the seller up to the
amount of the reserve, either by placing consecutive bids or by
placing bids in response to other bidders. The estimates
provided by California Auctioneers concerning a given lot, are
carefully considered opinions of the cataloger and fine art
staff. Any estimates given are merely suggestive guidelines for
interested buyers. Buyers must be aware that paintings and art
are subject to fluctuating values depending on the subjective
interests of collectors and a wide variety of other
uncontrollable factors. The lots auctioned may sell at prices
either above or below estimates.
8. Winning Bid Constitutes an Immediate Transfer of Title: Title
to the offered lot shall pass to the buyer upon the fall of the
auctioneer's hammer and announcement by the auctioneer that the
lot has been sold, subject to compliance by the buyer with all
other Conditions of Sale. The buyer shall forthwith assume full
risk and responsibility for the lot and shall pay the full
purchase price or such part thereof as California Auctioneers,
in its sole discretion, shall require. In addition, the buyer
may be required to sign a confirmation of purchase or abide by
any other financial terms that California Auctioneers deems
necessary to protect the interest of the consignors.
9. Removal of Purchased lots: All items sold may not be removed
from California Auctioneers premises, or the premises of the
auction, until the buyer has paid in full the purchase price
there for or has satisfied such terms, as California
Auctioneers, in its sole discretion, shall require. Subject to
the foregoing, all lots are to be paid for and removed from
California Auctioneers premises at the buyer's expense no later
than the third calendar day following the sale, and, if not so
removed, California Auctioneers may transfer any such lot to its
warehouse at the risk and expense of the buyer. If a lot has not
been collected the third calendar day following the sale and
California Auctioneers does transfer the uncollected property to
its warehouse, the buyer will be liable to California
Auctioneers for storage and handling charges of $10.00 per day
for each lot. In addition to other remedies available by law,
California Auctioneers reserves the right to impose a late
charge of 1% per month or the maximum permitted by law on the
purchase price commencing on the day following the date on which
payment is due if the buyer does not make payment in full in
accordance with these Conditions of Sale.
10. Absent Bidders: Bids which are submitted to California
Auctioneers in writing or are otherwise left with California
Auctioneers prior to an auction for execution at or below a
specified price (Absentee bids), as well as telephone bids,
shall be entertained and executed by California Auctioneers for
the convenience of bidders not present at auction, but C.A.
shall not be responsible for failing to execute such bids or for
errors relating to our execution of such bids. Bidding on any
article(s), whether in person, by agent, order bid, telephone or
other means, constitutes the highest bidders acceptance of these
Conditions of Sale. All absentee bids must be received by
California Auctioneers prior to the day of sale. Bidders by
telephone are also encouraged to leave a cover bid in case of
technical failure.
11. Applicable taxes: Unless exempted by California law, the
buyer shall be required to pay any applicable state and local
sales tax or compensating use tax on the purchase price.
12. Buyer's Breach of Conditions of Sale: If the buyer fails to
comply with any of these Conditions of Sale, California
Auctioneers may, in addition to asserting all remedies available
by law, including the right to hold such defaulting buyer liable
for the purchase price, (I) cancel the sale, retaining as
liquidated damages any payment made by the buyer, (II) resell
the property without reserve at public auction or privately on
seven days notice to the buyer, or (III) take such other action
as we deem necessary or appropriate. If California Auctioneers
resells the property, the original defaulting buyer shall be
liable for the payments of any deficiency in the purchase price
and all costs and expenses, including warehousing, the expenses
of both sales, reasonable attorneys fees, commissions,
incidental damages and all other charges due hereunder. In the
event that such buyer pays a portion of the purchase price for
any or all lots purchased, California Auctioneers shall apply
the payment received to such lot or lots that California
Auctioneers, in our sole discretion, deems appropriate.
California Auctioneers shall have the benefit of all rights of a
secured party under the Uniform Commercial Code adopted in the
State of California where the auction is held.
13. Governing Law, Venue and Jurisdiction: The rights and
obligations of the parties with respect to the Conditions of
Sale and the conduct of the auction shall be governed and
interpreted by the laws of the State of California. By bidding
at an auction, whether present in person or by agent, by
absentee bid, telephone or other means, the buyer shall be
deemed to have consented to the exclusive jurisdiction of the
courts of such state and the federal courts sitting in such
state. Further, the buyer agrees that the venue for any action
arising out of the failure to abide by the Conditions of Sale,
or any conduct related to or arising out of the auction, shall
be the Ventura County Superior Court, Located at the Government
Center, 800 South Victoria Avenue in Ventura, California, 93001.
The buyer expressly agrees that (I) neither California
Auctioneers nor the seller shall be liable, in whole or in part,
for any special, indirect or consequential damages, including,
without limitation, loss of profits and (II) the buyer's
damages, if any, are limited exclusively to the original
purchase price paid for the lot.
14. Delivery of Lots Sold: The packing and handling of purchased
lots by California Auctioneers Auctioneer's staff at the auction
is undertaken solely as a courtesy to customers. There is no
charge for packing material and labor supplied to you on the
evening of the sale. In no event will California Auctioneers be
liable for damage to artwork, glass or frames, regardless of
cause, in connection with this free service.
California Auctioneers may, in our discretion and as a service
to buyers, arrange to have purchased lots packed, insured and
forwarded at the request, expense, and risk of the buyer.
California Auctioneers assumes no responsibility for acts or
omissions in such packing or shipping by other packers or
carriers, nor does California Auctioneers assume any
responsibility for any damage to picture frames or to the glass
therein. In circumstances California Auctioneers arranges and
bills for such services via invoice or credit card, California
Auctioneers will include an administration charge.
In the case of California Auctioneers physically delivering an
item to a buyer, if an item cannot be delivered in condition
equal to the existent condition at the time or should any item
be mis-delivered, stolen or lost prior to delivery, California
Auctioneers 's liability shall not exceed the amount paid by the
buyer at the auction.
15. Notices, Demands and Refunds: Any demands for refunds,
problems with the lot(s) sold or notices of any kind concerning
the auction shall be in writing and addressed to California
Auctioneers8597 Ventura Ave. Ventura California 93001
16. Effect of any Unenforceable Provisions: Should any of the
Conditions of Sale be deemed unenforceable by a competent court
having jurisdiction, such unenforceable provision shall have no
effect on the enforceability of the remaining provisions
contained in the Conditions of Sale.
RISK OF LOSS
In the event delivery cannot be made because of loss due to
fire, theft, or any other reason, the Auction House shall only
be liable for the return of any deposits or payments made by the
purchaser. NO WARRANTY ALL ITEMS SOLD "AS IS AND WHERE IS"
THE AUCTION HOUSE, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR
DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR
ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR
RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS,
CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR
MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR
MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY
AUCTIONEER AND BUYER.
1. Lots Sold to The Highest Bidder: The highest bidder
acknowledged by the auctioneer shall be the buyer. The
auctioneer has the right to reject any bid, to advance the
bidding at his or her absolute discretion and, in the event of
any dispute between bidders or any other issue with respect to
the highest bidder, to determine the successful bidder, to
continue the bidding or to re offer and resell the lot in
question. In the event of any dispute after the sale, California
Auctioneers. Inc., a California Corporation (hereinafter
referred to as, California Auctioneers), record of final sale
shall be conclusive.
2. Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE EXCLUDED.
NEITHER WE NOR THE CONSIGNOR OR OUR ASSOCIATES MAKE ANY
REPRESENTATION, EXPRESSED OR IMPLIED WARRANTY, OR GUARANTEE IN
CONDITION, SIZE, PROVENANCE, MEDIUM, SIGNATURE, INSCRIPTION,
EXHIBITION (S), IMPORTANCE, RARITY, COUNTRY OR ORIGIN, AGE,
GENUINENESS, SUBJECT HISTORICAL RELEVANCE, MONETARY OR OTHER
VALUE, FRAMING OR LACK THEREOF, MOUNTING, CONSERVATION, COLOR
(S), PALETTE, INSCRIPTION, EDITION, STYLE LABEL OR OTHER
DESCRIPTOR. NO STATEMENT IN THE CATALOG, BROCHURES OR IN THE
BILL OF SALE OR INVOICE OR BIOGRAPHIC INFORMATION OR STATEMENTS
MADE BY THE AUCTIONEER DURING THE AUCTION OR ELSEWHERE SHALL BE
DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF
LIABILITY. NO EMPLOYEE OF CALIFORNIA AUCTIONEERS IS AUTHORIZED
TO MAKE, ON OUR BEHALF OR THAT OF THE CONSIGNOR, ANY
REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, WITH RESPECT TO ANY
PROPERTY.
3. Buyer's obligation to inspect each item: Buyers are strongly
encouraged to view all items auctioned on display before the
auction to determine the true condition and nature of any item(s)
of interest. Although there is no legal requirement that each
buyer inspect lots purchased before the auction, the failure to
inspect may constitute a waiver of that buyer's complaint that
the item was not delivered in a condition equal to the existent
condition at the auction as described in section 14 of these
Conditions of Sale.
4. All Sales Final: Notwithstanding any other terms of these
conditions, any and all refunds shall be given at the sole
discretion of California Auctioneers. Refunds requested on the
grounds of authenticity must be made within 10 days of the
auction date, and such requests must be accompanied by at least
one supporting statement in writing from a recognized authority
stating that the painting or art sold is incorrect or not the
work of the artist. A recognized authority shall be defined as a
person who has authored, edited, or substantially contributed to
a monograph on the artist, a person who has curated, organized
or substantially contributed to a solo exhibition on the artist,
a person who has represented the artists estate or someone who
represented or worked closely with the artist while they were
alive and, in any of the above instances physically handled
works of the period, medium and subject matter in question
during the course of their duties. Please note that dealers who
advertise to buy a wide range of artists, appraisers and
representatives of other auction firms do not qualify as
authenticators of individual artists unless they have had such
specific involvement with an artists work as specified above in
addition to their daily duties. Any lot in question must be
returned to California Auctioneers in the exact same condition
as when sold. Please be advised that California Auctioneers does
not grant extensions to refund considerations based upon
authenticity due to shipping delays. There are no exceptions to
this refund policy.
5. The Right to Withdraw Lots: California Auctioneers reserves
the right to withdraw any lot before or at the sale.
6. Buyer's Premium: The purchase price payable by a buyer shall
be the sum of the final bid plus a premium of 18% of the final
bid price.
7. Lots are Subject to a Reserve Price: Some lots in the auction
are subject to a reserve, which is the confidential minimum
price below which the lot will not be sold (the reserve). In no
event will the reserve price exceed the low estimate. California
Auctioneers shall act to protect the reserve by bidding through
the auctioneer. The auctioneer may open bidding on any lot below
the reserve by placing a bid on behalf of the seller. The
auctioneer may continue to bid on behalf of the seller up to the
amount of the reserve, either by placing consecutive bids or by
placing bids in response to other bidders. The estimates
provided by California Auctioneers concerning a given lot, are
carefully considered opinions of the cataloger and fine art
staff. Any estimates given are merely suggestive guidelines for
interested buyers. Buyers must be aware that paintings and art
are subject to fluctuating values depending on the subjective
interests of collectors and a wide variety of other
uncontrollable factors. The lots auctioned may sell at prices
either above or below estimates.
8. Winning Bid Constitutes an Immediate Transfer of Title: Title
to the offered lot shall pass to the buyer upon the fall of the
auctioneer's hammer and announcement by the auctioneer that the
lot has been sold, subject to compliance by the buyer with all
other Conditions of Sale. The buyer shall forthwith assume full
risk and responsibility for the lot and shall pay the full
purchase price or such part thereof as California Auctioneers,
in its sole discretion, shall require. In addition, the buyer
may be required to sign a confirmation of purchase or abide by
any other financial terms that California Auctioneers deems
necessary to protect the interest of the consignors.
9. Removal of Purchased lots: All items sold may not be removed
from California Auctioneers premises, or the premises of the
auction, until the buyer has paid in full the purchase price
there for or has satisfied such terms, as California
Auctioneers, in its sole discretion, shall require. Subject to
the foregoing, all lots are to be paid for and removed from
California Auctioneers premises at the buyer's expense no later
than the third calendar day following the sale, and, if not so
removed, California Auctioneers may transfer any such lot to its
warehouse at the risk and expense of the buyer. If a lot has not
been collected the third calendar day following the sale and
California Auctioneers does transfer the uncollected property to
its warehouse, the buyer will be liable to California
Auctioneers for storage and handling charges of $10.00 per day
for each lot. In addition to other remedies available by law,
California Auctioneers reserves the right to impose a late
charge of 1% per month or the maximum permitted by law on the
purchase price commencing on the day following the date on which
payment is due if the buyer does not make payment in full in
accordance with these Conditions of Sale.
10. Absent Bidders: Bids which are submitted to California
Auctioneers in writing or are otherwise left with California
Auctioneers prior to an auction for execution at or below a
specified price (Absentee bids), as well as telephone bids,
shall be entertained and executed by California Auctioneers for
the convenience of bidders not present at auction, but C.A.
shall not be responsible for failing to execute such bids or for
errors relating to our execution of such bids. Bidding on any
article(s), whether in person, by agent, order bid, telephone or
other means, constitutes the highest bidders acceptance of these
Conditions of Sale. All absentee bids must be received by
California Auctioneers prior to the day of sale. Bidders by
telephone are also encouraged to leave a cover bid in case of
technical failure.
11. Applicable taxes: Unless exempted by California law, the
buyer shall be required to pay any applicable state and local
sales tax or compensating use tax on the purchase price.
12. Buyer's Breach of Conditions of Sale: If the buyer fails to
comply with any of these Conditions of Sale, California
Auctioneers may, in addition to asserting all remedies available
by law, including the right to hold such defaulting buyer liable
for the purchase price, (I) cancel the sale, retaining as
liquidated damages any payment made by the buyer, (II) resell
the property without reserve at public auction or privately on
seven days notice to the buyer, or (III) take such other action
as we deem necessary or appropriate. If California Auctioneers
resells the property, the original defaulting buyer shall be
liable for the payments of any deficiency in the purchase price
and all costs and expenses, including warehousing, the expenses
of both sales, reasonable attorneys fees, commissions,
incidental damages and all other charges due hereunder. In the
event that such buyer pays a portion of the purchase price for
any or all lots purchased, California Auctioneers shall apply
the payment received to such lot or lots that California
Auctioneers, in our sole discretion, deems appropriate.
California Auctioneers shall have the benefit of all rights of a
secured party under the Uniform Commercial Code adopted in the
State of California where the auction is held.
13. Governing Law, Venue and Jurisdiction: The rights and
obligations of the parties with respect to the Conditions of
Sale and the conduct of the auction shall be governed and
interpreted by the laws of the State of California. By bidding
at an auction, whether present in person or by agent, by
absentee bid, telephone or other means, the buyer shall be
deemed to have consented to the exclusive jurisdiction of the
courts of such state and the federal courts sitting in such
state. Further, the buyer agrees that the venue for any action
arising out of the failure to abide by the Conditions of Sale,
or any conduct related to or arising out of the auction, shall
be the Ventura County Superior Court, Located at the Government
Center, 800 South Victoria Avenue in Ventura, California, 93001.
The buyer expressly agrees that (I) neither California
Auctioneers nor the seller shall be liable, in whole or in part,
for any special, indirect or consequential damages, including,
without limitation, loss of profits and (II) the buyer's
damages, if any, are limited exclusively to the original
purchase price paid for the lot.
14. Delivery of Lots Sold: The packing and handling of purchased
lots by California Auctioneers Auctioneer's staff at the auction
is undertaken solely as a courtesy to customers. There is no
charge for packing material and labor supplied to you on the
evening of the sale. In no event will California Auctioneers be
liable for damage to artwork, glass or frames, regardless of
cause, in connection with this free service.
California Auctioneers may, in our discretion and as a service
to buyers, arrange to have purchased lots packed, insured and
forwarded at the request, expense, and risk of the buyer.
California Auctioneers assumes no responsibility for acts or
omissions in such packing or shipping by other packers or
carriers, nor does California Auctioneers assume any
responsibility for any damage to picture frames or to the glass
therein. In circumstances California Auctioneers arranges and
bills for such services via invoice or credit card, California
Auctioneers will include an administration charge.
In the case of California Auctioneers physically delivering an
item to a buyer, if an item cannot be delivered in condition
equal to the existent condition at the time or should any item
be mis-delivered, stolen or lost prior to delivery, California
Auctioneers 's liability shall not exceed the amount paid by the
buyer at the auction.
15. Notices, Demands and Refunds: Any demands for refunds,
problems with the lot(s) sold or notices of any kind concerning
the auction shall be in writing and addressed to California
Auctioneers8597 Ventura Ave. Ventura California 93001
16. Effect of any Unenforceable Provisions: Should any of the
Conditions of Sale be deemed unenforceable by a competent court
having jurisdiction, such unenforceable provision shall have no
effect on the enforceability of the remaining provisions
contained in the Conditions of Sale.
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