Terms of Sale

 
 
 
 
 

 

Terms of Sale
 
 
 

1. All items are sold as is, where is, with all faults. There are no warranties or representations of
merchantability, of fitness, nor of any other kind, express or implied. All items are available are
available for your examination prior to bidding. Your bidding will signify that you have examined
the items as fully as you desire, or that you have chosen not to examine them. Written and oral
descriptions are our opinions and should in no way be construed as a guarantee of any kind as to

age, condition, materials or any other feature of items being sold. Our goal is to provide

prospective bidders with accurate and detailed information. We recommend prospective bidders

examine all items in which they have an interest. If you require absolute certainty in all areas of

authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you

not bid on the item in question.

written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by

The Estate Center, LLC or by any seller represented by The Estate Center, LLC.

2. If a lot is offered with a reserve price, the reserve price is printed following the description and

bidding will begin at that price. Otherwise bidding will begin at a price appropriate in

auctioneer’s discretion. The auctioneer always reserves the right to withdraw a lot for any reason

he deems appropriate.

3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder’s

responsibility to get our attention prior to our saying “sold”. We reserve the right to reject any

bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is

withdrawn from the auction it will be offered again only at the auctioneer’s discretion.

4. Payment must be made by cash, approved check, wire transfer, Master Card, Visa or American

Express credit cards. We reserve the right to require bank checks for large purchases. Buyers not

known to us who wish to write a check must provide a current letter of credit from their bank

guaranteeing funds for that account. Credit arrangements must be made by the Friday prior to the

day of the auction so bank statements can be verified. We reserve the right to not issue a buyer’s

number or to withhold merchandise if appropriate credit has not been established. We require

wire transfers, bank checks or credit cards for international buyers.

5. Payment for all purchases is expected at the time of purchase. Payment for successful absentee,

phone bids and online bids are required within five business days of the auction. Our signature on

this form constitutes permission to charge successful bids to credit cards if payment is not

received within five days of the auction.

6. We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present

at the auction. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids

are executed competitively and confidentially. All reservations for phone bidding are held in the

strictest confidence and must be received by 5 pm the day before the auction. No additional phone

bids can be accepted on the day of the auction i9ncluding additions when speaking with a staff

person on the phone. We cannot accept written absentee bids submitted on the Absentee Bid

Form up to 30 lots before the item comes up for auction. Leaving an absentee of phone bid on a

lot indicates your willingness to open the bidding at one half the printed low estimate, and give the

auctioneer the authority to open the bidding at any time for any reason and to default any sale in the event of an error or dispute.

7. In the case of identical absentee bids, the bid received first will prevail.

 We sell 70-100 lots per hour.

Following are general guidelines for bidding increments:

Increments

0-100

$ 5

100-200

$10

200-500

$25

500-1000

$50

1000-5000

$100

5000-10000

$250

Above 10000 $1,000,

$2,000, $5,000 or greater

8. In our experience, cellular phones are not always dependable, and we recommend phone bidding

reservations be made on land lines. Telephone bidding is offered only to clients outside the 985

area code. We make every effort to honor all absentee bids or failed phone reservations.

Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see

numbers 4 and 5 above.

9. Purchaser agrees that packing and shipping is done at purchaser’s risk and that the purchaser will

pay in advance all packing expenses, materials, carrier fees and insurance charges. At our

discretion, items will either be packed by an agent such as a packaging store or The Estate Center

Auctions.

The shipping of items is the responsibility of the purchaser. We are happy to provide names of carriers and

shippers if a purchaser so requests. The Estate Center will have no liability for any loss or damage

to shipped items.

10. Note to  absentee bidders. We do not accept cut bids, (bids less than the last interval) from

the floor or from phone bidders, and we do not accept them from internet bidders. Thus it is

possible that a lot could go to another bidder for less than your absentee bid. For example, if the

bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will

not take the bid since it is less that the $10 interval. We always encourage bidders to bid by phone

or to leave absentee bids through our gallery to avoid such a situation.

11. All purchases are subject to Louisiana Sales tax unless the Louisiana Certificate of Resale tax

form is fully and completely filled out and received prior to time of purchase. Resale tax numbers

from other states are accepted. International buyers are responsible for tariffs, taxes, or

assessments of shipped items to the buyer’s country.

12. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a

purchase breaches any of these Terms of Sale, including the obligation to pay for the purchased

items, The Estate Center Auctions my seek all remedies under law including canceling the sale

and re-offering the property without reserve.

13. A buyer’s premium of 10% will be applied to the purchase price of all items. 3% will be added

for credit card purchases.

14. Purchased items not picked up from our auction facility within ten business days fo the auction

will be assessed a storage fee of $5.00 per day, per item.

15. Please note lots containing ivory, tortoiseshell, or other animal materials may be subject to

regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife

Department. Some countries prohibit the importation of property containing materials from

endangered species, and prospective purchasers should familiarize themselves with relevant

customs regulations prior to bidding if they intend to import these lots into another country.

1. 1.5% Insurance

2. Commission Rates 25%

3. No Photo Fees

4. No Items removed until sale has ended

5. Jerry Rosato’s Louisiana Auctioneers License Number 387

We do not give refunds. All sales are final. No statement. Please allow two weeks for shipping after payment is received. Shipment of large