Fine Art, Jewelry, and Memorabilia Auction at Laguna Beach, CA - Monday, May 29, 2023

Terms

All persons attending this auction are responsible to read, understand and comply with these Terms and Conditions of Sale as specified herein and agree to be bound thereby.

Our audience bids based on their own discretion - it is your responsibility to educate yourself on the items that are up for bid. We cannot stress this enough. It is extremely important to always read the certificate of authenticity on the back of a piece of artwork, jewelry, or memorabilia to make sure it matches with the item's visual description. Although our auctioneers are well-versed in their field, you must not rely solely on their oral interpretation of an item in question. Always examine the item yourself to make sure it meets your specifications.

Not all jewelry or artwork is identical. Some stones are enhanced or treated. Some pieces of art may be hand-signed and limited in edition, while others may be plate-signed and open in edition. Our third-party certificates of authenticity will always state if any enhancement has been performed on a piece of jewelry or if a piece or artwork is original.

Bidding is and will always be your choice. Our auctioneers aim to be as friendly and charming as possible to encourage bidding. Don't bid if you're not comfortable or completely sure of the quality of the item. We encourage you to ask our auctioneers as many questions as you like, email us beforehand to get the information you need, and have fun!

REGISTRATION

All persons wishing to participate in the bidding process are required to complete and turn in a bidder registration and obtain a bid card prior to or during the sale. Each bidder warrants that he is not under the age of eighteen (18).

BUYER'S PREMIUM

A premium of 17.2% of the successful bid price will be added thereto and is payable by the purchaser as part of the purchase price. All purchases are subject to local sales tax unless the purchaser is exempt by law from the payment thereof.

WITHDRAWAL FROM SALE

We reserve the right to withdraw any merchandise at any time before title passes to a purchaser.

TERMS OF SALE

All merchandise will be sold "as is", "where-is" and "with all faults". We do not make any representations, warranties or guarantees whatsoever whether in written, oral or implied, as to quality, quantity, fitness or condition, usability, merchant ability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. Merchandise will be open for inspection prior to the sale and also during the sale, if possible. Buyers are to rely solely on their own inspection since all merchandise is sold "as is" and without representation, warranty or guarantee.

AE does not guarantee the retail Gemological Appraised Value and the buyer acknowledges that they are buying the jewelry based upon the Realized Sold Price and NOT on the Gemological Appraised Value. Keep in mind that the appraisal that comes with the jewelry is a written report authenticating the type and weight of metal, and the type and weight of the gemstones and other content in the jewelry. It also serves as a written comparison to the actual jewelry at hand. The appraisal often times has an estimated retail replacement value, but this does NOT influence its actual retail price. Jewelry Appraisals are more often a way to validate your ownership of the jewelry and it can also help you avoid disputes about the jewelry's value down the road should you ever need to make an insurance claim.

We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and shall constitute a valid and binding agreement. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may in his or her discretion reopen the bidding or declare the goods sold under the bid on which the hammer in falling. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer may determine the dispute in the auctioneer's sole discretion, and this decision shall be final and binding upon all parties.

AE does not make and will not make any representation, warranty or guarantee of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. It is up to the individual at his or her expense, if desired, to determine the value of the items in question. The buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the auctioneer or anyone else, but on the buyer's own opinion. Any opinion expressed by the auctioneer is strictly that of the auctioneer and shall not bind AE.

All merchandise must be picked-up from the Auction room no later than two (2) hours after completion of the sale. We will not be responsible for damage to or loss of merchandise after that time. Packing, handling and delivery of merchandise can be performed by us at additional cost to buyer, however the entire risk of loss shall be with the buyer. If damage occurs during packing, handling or delivery, such damage shall not be a cause for cancellation, return of the item sold, or claim against us. We are not liable for any acts or omissions in packing or shipping merchandise handled by outside carriers or packers, including those we may recommend. Such carriers or packers may carry their own insurance, and the buyer is urged to inquire and/or make arrangements for insurance. Any claim for loss or damage should be addressed directly to the carrier or packer.

In no event whatsoever will our liability exceed the purchase price actually paid by a buyer for merchandise, and under no circumstances shall we be responsible for incidental or consequential damages.

All purchases are to be paid by cash, checks (subject to verification), Visa, Mastercard or other accepted credit cards. All Sales are final. We do not buy back the items once they are sold.

No tape recording or videotaping shall be permitted at the auction without the prior consent of the auctioneer and the Auction Company.

The auctioneer shall have the sole right to sell any item below the minimum price. There shall be no items put on the auction block without reserve.

"House Bidders" may be bidding at this auction. A House Bidder is a bidder who is bidding at the behest of the owner and who does not intend to purchase the items in question but rather is bidding for the purpose of increasing the price to prevent the items from being sold at less than the owner's minimum price. This procedure shall be employed if allowed by the jurisdiction where the auction is conducted. The owner, consignor or agent has reserved the right to bid.

We reserve the right to refuse service and admission at our sole discretion.

The auctioneer reserves the right to determine the opening bid and all increments thereafter.

ARBITRATION AND DISPUTES

All costs of collection, including reasonable attorney’s fees in connection with litigation and/or arbitration and bank charges resulting from dishonored checks shall be at the expense of the purchaser. Any dispute arising under or related to the conduct of the auction house, AE has the option to refund the customer for a 20% restocking fee. It is the sole discretion of the Auction House whether or not to exercise such an option.

Any dispute arising under or related to the conduct of the auction or sale of merchandise thereat, or is the result of any claim related to the merchandise offered and/or purchased thereat, shall be determined by arbitration before the American Arbitration Association, pursuant to the Commercial Arbitration Rules then in effect, such arbitration to be conducted in the County of Los Angeles, State of California, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. All bidders agree to such arbitration, and give up their constitutional right to have any such dispute in a court of law before a jury. Notice: by signing the registration form, you are agreeing to have all issues decided by mutual arbitration and you are giving up your right to a jury or court trial.

The sole jurisdiction and venue for asserting any claims against the Auction Company or auctioneer shall be the County of Los Angeles, State of California.

Neither the auctioneer nor any other person acting at the auction shall have the right or power to override any of the written conditions set forth in this Terms and Conditions of Sale. This instrument shall prevail and control in the event of any oral announcement to the contrary.