Conditions of Sale
1. Case Antiques, Inc. has endeavored to accurately describe all items being sold. 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 for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Case Antiques, Inc. shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. 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. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Case Antiques, Inc. or by any seller represented by Case Antiques, Inc. Case Antiques, Inc. reserves the right to withdraw any property before the sale. The preview for the sale will be one day before the sale, or by appointment.
2. The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to 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. If an item is withdrawn from the auction it will be offered again only at the Auctioneer's discretion. Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once title has passed.
3. Payment for all winning bids must be settled by the end of the sale. Payment may be made by cash (In House Only), wire transfer, certified funds, credit card or approved check. We reserve the right to require payment by wire transfer or certified funds. Payments from outside the United States and Canada should be made by wire transfer. Credit cards will not be accepted for international transactions. Checks may take up to three weeks to clear and be verified. Buyers not known to us presenting a check must provide a "letter of guarantee" from a bank officer on original stationery to Case Antiques, Inc. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. An example "letter of guarantee" is available on our Website. Credit arrangements must be made by the Friday prior to the day of auction so bank statements or letters of guarantee can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. Case Antiques, Inc. reserves the right to hold all merchandise until receipt of funds is verified. A $30.00 service charge will be assessed when a check fails to clear the purchaser's bank. In addition to this returned check administrative fee, late payment fees may be assessed. We require cash, cashier's check or wire transfer to replace the returned check and any service fees.
4. A buyer's premium will be applied to the purchase price of all items as listed below. (The "Sales Price" is the hammer price plus the buyer's premium, plus applicable convenience payment fees, plus applicable taxes). All bidding at auction and all purchases will be in U.S. Dollars.
Direct absentee bidding:
18% - Cash, check, certified funds or Bank wire transfer
Credit card payments incur a 3% convenience fee
Internet bidding: 26%
5. Case Antiques, Inc. does not ship. All items for this auction are located in Knoxville, TN. We provide names of carriers and shippers in advance at bidder/purchaser request and on our Website. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay for all packing expenses, materials, carrier fees and insurance charges. Case Antiques, Inc. will have no liability for any loss or damage to shipped items. Items must be paid for in full before they will be shipped. Any shipping estimates given are only estimates and cannot be construed as the final shipping cost. All property should be removed from the premises at the sale conclusion unless prior arrangements have been made with Case Antiques, Inc. Purchased items not picked up or shipped within ten business days of the auction will be assessed a storage fee of $10.00 per day. If the purchaser fails to have their item(s) removed from the Case Antiques, Inc. gallery 30 days after the auction, Case Antiques, Inc. reserves the right to take possession of the item(s) and dispose of them at their discretion to recoup storage costs.
6. All purchases are subject to 9.25% Tennessee sales tax unless the Tennessee Department of Revenue Blanket Certificate of Resale form is completed and provided, along with a copy of the resale certificate from your state and received prior to time of purchase. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.
7. Absentee/Internet Bidding: As a service to our customers, Case Antiques, Inc. will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the absentee bid form provided. This form should be clearly and completely filled out and accompanied by a valid credit card. Absentee bids are executed competitively and confidentially. If two absentee bidders bid the same amount, the first received will be honored. Winning bidders will be notified within three (3) days of the sale. Case Antiques, Inc. will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee bids will not be accepted after 12pm Eastern on the Friday prior to the sale. All Internet bidders will require registration and pre-approval. There are no guarantees of successful registration, especially for those bidders attempting to register within 48 hours of the sale. Case Antiques, Inc. does not warrant that the Internet auction platform(s) will be uninterrupted or error free, nor do they make any warranty with respect to the results obtained from participating in the use of the Internet auction platform, or as to the accuracy, reliability or content of any information, service or offerings provided through the Internet auction platform. Your bid is a contract. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property. Your registered and approved credit card may be used as payment, unless Case Antiques, Inc. requires payment in another form or if you have another pre-approved method of payment. Please contact us directly at [email protected] or (865) 558-3033 if you have registration questions or to resolve any questions before bidding.
8. In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, "Sold". The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense.
9. The Auctioneer reserves the right to accept or reject bids in any increment that the auctioneer deems to be in the best interest of the client, the seller. Absentee bidding for prospective bidders is offered for those who cannot be present at the auction. Please complete the Absentee Bid form. Absentee bids left with us are executed competitively and confidentially. Bids left on the Internet are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We target to sell 80-90 lots per hour.
Following are general guidelines for bidding increments:
$0 - $99 $10 increments
$100 - 499 $25 increments
$500 - 999 $50 increments
$1,000 - 2999 $100 increments
$3,000 - 9,999 $200 increments
$10,000 - 19,999 $500 increments
$20,000 - 500,000 $1000 increments
We make every effort to honor all absentee bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations or bids.
10. Please note that lots containing ivory or any other plant or animal material may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department as well as other restrictions under federal, state and/or local law. Some countries prohibit the importation of property containing materials from endangered plant or animal species and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these item(s) into another country. We also suggest that buyers in the United States check with their state's wildlife protection agency for any restrictions on the purchase, possession or sale of ivory or any other animal material. Please note that bidders in New York and New Jersey may not bid on any lots containing elephant ivory, mammoth ivory, or rhinoceros horn. Items containing ivory can only be shipped to an address in the United States. Bidders should check all applicable government wildlife restrictions prior to placing a bid. The buyer will be solely responsible for obtaining any necessary license or permits applicable to the sale or transport of the item(s) including any export or import license and/or certificates as well as any other required documentation.
11. Case Antiques, Inc. is required to conduct a background check on any Tennessee resident purchasing a firearm. TENNESSEE RESIDENTS - For guns purchased at the auction and manufactured after 12/31/1898, you must pass a background check prior to transferring the firearm. OUT OF STATE BUYERS - For all out of state buyers, firearms manufactured after 12/31/1898 may only be shipped to a valid Federal Firearms License (FFL) holder in your state. Please contact a FFL holder in your area to make sure you can legally own the firearm(s). INTERNATIONAL BUYERS - Firearms must be exported from the United States via a licensed exporter located within the USA. Depending on the country you live in, there may be restrictions on the types of items that can be imported. You are responsible for making all arrangements for firearms transfer with a licensed exporter and for understanding and complying with the laws of the country you live in.
12. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us: Case Antiques, Inc., 2240 Sutherland Avenue, Knoxville TN, 37919 (865) 558-3033 fax (865) 558-3032 or email at [email protected]. Telephone inquiries may be made between 9am and 5pm EST, Monday - Friday.
Contract
Bidding ends when the auctionner strikes his hammer and pronounces the word "adjugé" (sold), at which time, the successful bidder enters into a legally binding contract with TAJAN.
The internet bid constitutes a bidding contract between the bidder and TAJAN.
Payment
• Payment must be made immediately after the sale. If the successful bidder did not register before the sale, he/she must provide proof of identity and bank references.
Payments may be made by one of the following methods:
- Bank transfer in euros,
- Visa card or Master Card (subject to the presentation of valid proof of identity).
- In cash in euros: for Individual European Union resident, and for all professionals, to an equal or lower amount of €1 000.
- In cash in euros: for Individual only and non European Union resident, to an equal or lower amount of €15 000.
- Certified banker's draft in euros subject to the presentation of valid proof identity.
Cheques drawn on a foreign bank will not be accepted.
Cheques and bank transfers must be denominated in euros and made out to the order of TAJAN SA.
Shipping
The import and export of goods may be subject to authorisation (export certificates, customs authorisations). It is the buyer's responsability to check which authorisations are required.
The buyer may not take receipt of any lot until such time as he/she has paid all amounts due in full delivery of the goods.
In the event of a payment by cheque or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared.
In this case, storage costs shall be borne by the buyer and TAJAN shall incur no liability whatsoever in this respect.
Premium
• In addition to the "hammer price," the buyer must pay Tajan a buyer's premium and any applicable taxes as follows:
-25% excl. tax up to and including €60,000
-20 % excl. tax from €60,001 and up to €1 200,000
-12 % excl. tax for the portion above €1 200,001
VAT shall be charged at the rate of 20% (5.5% for books).
Taxes and VAT
• In addition, VAT shall be charged at the rate of 20% (24% inclusive of vat). Items originating from a country outside the European Union shall be marked with the symbol f and ff.
f: In addition to the regular buyer's premium, a commission of 5.5% (i.e., 6.6% inclusive of VAT) will be charged to the buyer.
ff: In addition to the regular buyer's premium, a commission of 20% (i.e.24% incl. VAT) will be charged to the buyer.
These additional costs may, in certain cases, be reimbursed to the buyer.
For more information, please contact our payment department on
+33 1 53 30 30 33.
Non- European Union buyers may have all VAT and import tax refunded upon presentation of customs documents confirming that their property has been exported outside the EU.
Trade buyers from other EU countries may have all VAT refunded if they provide TAJAN with their VAT registration number and proof that their property has been shipped to another EU country.
The full amount due must be paid immediately after the sale, even if the buyer wishes to apply for an export license.
Condition reports
• Condition reports are prepared upon request.
No condition reports are provided for lots estimated at €1,000 or less.
