Conditions of Sale

Conditions of Sale:

Bid Price:

The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer’s premium equal to $1 or 3% whichever is higher, plus 3) sales tax unless the purchaser is exempt by law from such taxes.

Acceptance of Bid:

The purchaser agrees they are legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price. The After Auction shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the item is sold and reject a bid from any bidder.

Payment and Pickup:

Invoices must be paid in full within two days and merchandise picked up at the announced pickup day and location. . Payment may be made by cash, wire transfer, check, credit/debit card, Venmo or PayPal. Items not picked up at the designated time and location are considered abandoned. Abandoned items will be disposed of at the discretion of The After Auction. Moving and storage may be arranged ahead of the sale closing for a fee. These fees start at. $10.00 and increase. If the property is not picked up you may not be approved to bid in any subsequent auction. If payment is not made you will be blacklisted from future auctions. We are not responsible for packing or shipping. Credit cards on file will be charged before pick up if other payment arrangements have not been made.

Items not picked up at the designated time and place will be considered abandoned and no longer available. There will be no refunds for abandoned items. Do not bid if you will not be available for pickup.

Items are sold AS IS WHERE IS. Shipping is NOT AVAILABLE unless arranged prior to bidding.

No Transfers:

No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.

Risk of Loss:

In the event, delivery cannot be made because of loss due to fire, theft, or any other reason, the After Auction 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 AFTER AUCTION, 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 THE AFTER AUCTION AND BUYER.

Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The After Auction 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 and tear, imperfections or the effects of aging.

We are available for questions but do not guarantee any assumptions made by the buyer.

Right of Rescission:

Not withstanding the preceding conditions, if within 3 days of the date of sale of any lot, the original purchaser…

gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein) and
within 10 days after such notice returns the lots to us in the same condition as at the time of sale and
establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded.

Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser’s sole remedy in the physical condition and size, quality, rarity, importance, provenance, exhibition, and literature of historical relevance.

Although our best judgment is used in attributing paintings, drawings, sculpture or other items created through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.

Applicable Law:

These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the State of Florida as applied to contracts entered into by residents of Florida and to be performed entirely within the State of Florida. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the After Auction, bidders, and purchasers) consent irrevocably and exclusively to venue in Alachua County in the State of Florida.

Attorney’s Fees:

In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs.

Payment:

Cash, cashier’s check, wire transfer, PayPal, personal check (items may be held until the check clears), and ATM, MasterCard, Discover & VISA accepted, but not for vehicles. International credit cards are not accepted for any payment. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Time is of the essence.

Jewelry:

A buyer’s responsibility is to examine any item(s) of potential interest carefully. This applies to all jewelry sold. All weights are approximate. Images shown may appear smaller or larger than actual size.

For watches we give our opinion of function only at the time of cataloging. Although we do attempt to mention in our descriptions significant defects, needed repairs, stones missing, enamel loss etc., we do not guarantee the accuracy or operation of any watch function.

A very large majority of gemstones today are subjected to a variety of treatments/enhancements. This includes diamonds and colored stones, the purpose is to improve their appearance color and/or clarity. Not all treatments are detectable using standard gemological equipment. Prospective buyers are therefore reminded that unless otherwise noted in the description(s), or condition report, it must be assumed that some form of enhancement may have been used.