Monarch Auction Gallery Collection 11-15-26

MONARCH AUCTION & ESTATE SERVICES, LLC
CONDITIONS OF SALE AND BIDDER AGREEMENT
1. AGREEMENT TO TERMS
This Bidder Agreement (?Agreement?) is entered into between Monarch Auction & Estate Services, LLC, an Arizona limited liability company (?Monarch? or ?Auctioneer?), and the individual or entity registering to bid (?Bidder? or ?Buyer?).

By registering to bid, placing a bid, or purchasing an item at an auction conducted by Monarch, Buyer acknowledges that Buyer has read, understands, and agrees to these Conditions of Sale.

These Conditions apply to all auctions conducted by Monarch, whether in person, online through LiveAuctioneers or another authorized bidding platform, by telephone, or by absentee bid. Additional terms identified in the applicable auction listing or announced by the Auctioneer before a lot is sold are incorporated into this Agreement.

2. AS-IS, WHERE-IS; CONDITION OF ITEMS
ALL ITEMS ARE SOLD ?AS IS, WHERE IS,? WITH ALL FAULTS AND DEFECTS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, EXCEPT FOR ANY WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED.

Monarch does not guarantee or warrant the condition, authenticity, genuineness, originality, age, provenance, ownership history, completeness, restoration, functionality, or fitness for a particular purpose of any item.

Descriptions, photographs, catalog entries, advertisements, condition reports, and verbal statements are provided for identification and informational purposes. Statements concerning an item's characteristics or condition are opinions and are not guarantees.

Buyer acknowledges and agrees that:

Buyer is responsible for examining and evaluating each item before bidding.
Buyer is encouraged to inspect items in person before the auction.
If Buyer cannot attend a preview, Buyer may request a condition report by telephone or email. Reports are subject to availability and may not be completed before the auction closes.
Buyer is responsible for determining whether an item meets Buyer's requirements before placing a bid.
Buyer assumes the risk of defects, damage, wear, inaccuracies, and other conditions that may not be apparent in photographs or descriptions.
No return, refund, or cancellation will be accepted merely because an item differs from Buyer's expectations, except where expressly approved by Monarch or required under the terms governing the sale.
Buyer acknowledges that the decision to bid is based on Buyer's own judgment, research, and evaluation.

3. BIDDING AND AWARD OF LOTS
The highest bid acknowledged by the Auctioneer will be considered the winning bid.

A live auction sale is completed when the Auctioneer announces ?Sold,? drops the hammer, or otherwise clearly declares the lot sold. For online auctions, the sale is completed according to the closing procedure stated by the applicable bidding platform and auction listing.

If a dispute arises between bidders, the Auctioneer may determine the successful bidder or reopen bidding and offer the item for sale again, as appropriate for the auction format.

Monarch's sales records will be used to establish the winning bidder, hammer price, and transaction details.

Monarch reserves the right to reject bids, refuse bidder registration, or withdraw a lot before the sale is completed, subject to the terms governing the applicable auction.

4. PURCHASE PRICE AND BUYER'S PREMIUM
The total purchase price for each lot consists of:

(a) The final accepted bid amount (?Hammer Price?);

(b) A buyer's premium equal to 24% of the Hammer Price; and

(c) All applicable sales taxes and other charges expressly disclosed in the applicable auction terms or invoice.

The buyer's premium is added to the Hammer Price and is payable by Buyer as part of the total purchase price.

Buyer is responsible for all applicable taxes and other charges imposed on the transaction.

5. PAYMENT DEADLINES AND ACCEPTED PAYMENT METHODS
Payment in full is due on the day of the auction for in-person purchases and upon notification of a successful bid for absentee, telephone, and online purchases, subject to the automatic payment provisions in Section 6.

Accepted payment methods may include cash, Visa, MasterCard, Discover, ACH, wire transfer, or another payment method expressly approved by Monarch.

Monarch reserves the right to require payment by cash, ACH, wire transfer, or another payment method specifically approved by Monarch for any lot or transaction, regardless of the lot's value or Buyer's preferred payment method.

Buyers must comply with the payment method designated by Monarch for their purchase. Registering or bidding through LiveAuctioneers does not guarantee that credit card payment will be accepted for every lot.

Invoices exceeding $5,000 must be paid by ACH, wire transfer, or another payment method approved by Monarch, unless Monarch approves an alternative in writing.

No personal or business checks will be accepted unless Monarch expressly approves them in writing.

Full payment must be received and cleared before any purchased item is released, shipped, or removed from the premises.

Monarch may request additional identification, payment verification, or proof of funds before releasing an item.

6. AUTOMATIC CARD CHARGES AFTER 72 HOURS
By registering to bid and providing a payment card to Monarch or an authorized bidding platform, Buyer authorizes Monarch to charge the card on file for amounts due in connection with Buyer's purchases, subject to the authorization provided and the payment processor's requirements.

If an invoice remains unpaid seventy-two (72) hours after the auction concludes, Monarch may automatically charge the authorized payment card on file for the outstanding invoice balance.

The charge may include the Hammer Price, the 24% buyer's premium, applicable sales tax, and other charges properly due under these Conditions of Sale.

Buyers who wish to use an alternative payment method must contact Monarch and receive written approval before the 72-hour deadline. A request for an alternative payment method does not extend the deadline unless Monarch confirms the extension in writing.

If Monarch requires cash, ACH, or wire transfer for a particular purchase, Buyer must follow the payment instructions provided by Monarch.

If the card is declined or the charge cannot be completed, the invoice remains due immediately. Buyer must promptly arrange payment through a method approved by Monarch.

Buyer agrees not to initiate an improper chargeback or payment reversal for a legitimate, authorized transaction. This provision does not waive Buyer's rights under applicable payment-card rules or applicable law.

7. NONPAYMENT AND DEFAULT
A Buyer who fails to pay an invoice by the applicable deadline is in default under this Agreement.

Following default, Monarch may:

Suspend or terminate Buyer's bidding privileges.
Report the unpaid transaction to LiveAuctioneers or the applicable bidding platform.
Demand immediate payment of the outstanding balance.
Cancel the sale and resell the item after providing any notice required for the transaction.
Pursue collection of unpaid amounts and recoverable collection expenses.
Exercise other remedies available under this Agreement.
Buyer remains responsible for the purchase price and other amounts properly owed under this Agreement. Failure to pay does not entitle Buyer to cancel a purchase unilaterally or avoid payment obligations.

8. SHIPPING AND DELIVERY
Monarch offers in-house shipping for eligible items at its discretion. In-house shipping is generally processed through Shipping Saint or another shipping service selected by Monarch.

Shipping processing begins after the invoice has been paid in full. Processing times vary according to the item, packaging requirements, workload, carrier availability, and destination.

Buyer is responsible for all shipping, packing, handling, insurance, and transportation charges.

Monarch reserves the right to refuse in-house shipping for any bidder or item. Buyers who prefer a local or third-party shipper must contact Monarch to coordinate the arrangements.

Unless otherwise agreed in writing, Buyer must arrange shipment or collect the purchased item within the pickup period stated in the applicable auction listing.

Once an item has been transferred to a third-party carrier or shipper, Buyer is responsible for coordinating transportation and filing any applicable shipping claims. Monarch is not responsible for loss or damage occurring after transfer to the carrier, except to the extent caused by Monarch's own conduct or otherwise required by applicable law.

Monarch does not guarantee carrier delivery dates or transportation performance.

9. PICKUP, STORAGE FEES, AND UNCOLLECTED ITEMS
All purchased items must be paid for and removed from Monarch's premises within the pickup period stated in the applicable auction listing.

Beginning on the calendar day following the published pickup deadline, Monarch will charge a storage fee of $10.00 per lot, per calendar day for each lot that remains at Monarch's premises and has not been collected or transferred to an agreed shipping provider.

Storage fees continue to accrue until the item is collected or transferred to the shipping provider.

If an item remains uncollected after the pickup deadline, Monarch will send written notice to Buyer using the contact information provided during registration. The notice will establish a final collection deadline of ten (10) calendar days after the notice is sent.

If Buyer fails to collect the item by the final deadline, Monarch may pursue resale, storage, recovery of outstanding amounts, or other disposition of the item in accordance with the procedures governing the transaction.

Buyer remains responsible for properly accrued storage charges and other amounts owed under this Agreement. Any proceeds or remaining balances arising from a resale or other disposition will be handled according to the applicable sale terms.

Failure to collect an item does not automatically entitle Buyer to a refund.

10. RISK OF LOSS AND BUYER RESPONSIBILITY
Buyer is responsible for arranging safe and timely collection of purchased items.

Buyer and Buyer's agents must exercise reasonable care when entering the premises, inspecting items, loading purchases, and removing property. Buyer is responsible for damage to the premises or another person's property caused by Buyer or Buyer's agents.

Risk of loss or damage to a purchased item passes to Buyer upon completion of the sale, except where a different allocation is expressly stated in the applicable transaction terms. This allocation does not excuse Monarch from responsibility for its own wrongful conduct.

Buyer is responsible for arranging appropriate insurance, transportation, packing, and handling after the item is released.

11. LIMITATION OF LIABILITY AND INDEMNIFICATION
To the extent permitted under the terms governing the transaction, Monarch is not responsible for indirect, incidental, special, or consequential damages arising from Buyer's participation in an auction, the purchase of an item, or arrangements for shipping or collection.

Nothing in this Agreement excludes responsibility for fraud, intentional misconduct, or other liability that cannot lawfully be excluded.

Buyer is responsible for personal injury or property damage caused by Buyer or Buyer's agents through negligent or wrongful conduct.

Buyer agrees to indemnify and hold harmless Monarch, the seller, and their respective employees, agents, and representatives against third-party claims, losses, damages, and reasonable expenses arising from Buyer's or Buyer's agents' negligent or wrongful acts or omissions, including damage caused during collection or removal of purchased items.

This indemnification does not require Buyer to pay for losses caused by the negligence or wrongful conduct of a party seeking indemnification.

12. DISPUTES AND PAYMENT DISPUTES
All auction purchases are final. By placing a bid and purchasing an item, Buyer acknowledges and agrees to the terms of this Agreement, including the AS-IS, WHERE-IS conditions of sale, payment deadlines, buyer's premium, and applicable fees.

Buyer agrees not to initiate or pursue a credit card chargeback, payment reversal, or payment dispute for a legitimate transaction authorized under this Agreement on the grounds that Buyer has changed their mind, is dissatisfied with an item's condition, disagrees with the auction description or valuation, failed to inspect the item before bidding, failed to arrange pickup or shipping, or otherwise wishes to cancel the purchase.

Buyer remains responsible for all amounts due under this Agreement regardless of whether Buyer has collected, received, inspected, or arranged shipping for the purchased item.

If Buyer has a question or concern regarding a transaction, Buyer must contact Monarch directly and provide the details of the concern so that Monarch has an opportunity to review the matter.

If Buyer initiates an unauthorized or improper chargeback or payment reversal, Monarch reserves the right to provide the auction records, bidder registration, payment authorization, invoice, bidding history, photographs, shipping records, and other relevant documentation to the payment processor or financial institution in support of the transaction.

Buyer remains responsible for outstanding amounts properly owed under this Agreement, including reasonable collection costs and attorneys' fees where recoverable under applicable law.

Nothing in this section authorizes a charge that was not properly approved or eliminates rights that cannot lawfully be waived.

13. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Arizona.

Subject to applicable jurisdictional requirements, any lawsuit arising out of or relating to this Agreement shall be filed in a state or federal court located in Maricopa County, Arizona. The parties consent to the jurisdiction of those courts for such proceedings.

14. ATTORNEYS' FEES AND COSTS
In a legal action arising from this Agreement, a court may award attorneys' fees and costs as authorized by Arizona law or another applicable legal rule.

15. AMENDMENTS AND ENTIRE AGREEMENT
This Agreement, together with the applicable auction listing, invoice, and additional sale terms disclosed before the lot is sold, constitutes the agreement between Buyer and Monarch concerning the auction purchase.

No amendment or waiver is effective unless confirmed in writing by an authorized representative of Monarch or otherwise validly announced in connection with the auction.

Terms proposed by Buyer that conflict with this Agreement do not modify it unless Monarch expressly agrees to the change in writing.

16. SEVERABILITY
If a provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in effect. The affected provision will be applied to the fullest extent permitted under the rules governing the transaction.

17. ASSIGNMENT AND AGENCY
Buyer may not assign rights or obligations under this Agreement without Monarch's written consent, except as otherwise permitted by law.

Monarch acts as the seller's agent unless expressly stated otherwise in the applicable auction terms.

18. PREVIEW AND CONDITION REPORTS
Public preview dates and times will be listed in the applicable auction details.

Buyers who cannot attend a preview may contact Monarch by telephone or email to request a condition report or additional information. Requests are subject to availability and may not be fulfilled before bidding closes.

Buyer remains responsible for evaluating each item before placing a bid.

19. ACKNOWLEDGMENT
By registering to bid, placing a bid, or purchasing an item at an auction conducted by Monarch Auction & Estate Services, LLC, Buyer acknowledges that Buyer has read, understood, and agreed to these Conditions of Sale and Bidder Agreement.