Abell Modern Auction Part II

PLEASE NOTE: An updated version of the Conditions of Sale has gone into effect as of July 10, 2023. Please review these changes before you bid. EFFECTIVE FEBRUARY 8th, 2024, ABELL WILL BE CHARGING A 28 PERCENT BUYER'S PREMIUM FOR LIVEAUCTIONEER.COM BIDDING.

For more details see the below Terms and Conditions as well as viewing a copy on Abell.com. BY REGISTERING TO PARTICIPATE IN ABELL'S ONLINE SALE, AND/OR BY BIDDING IN SUCH SALE, YOU (Buyer) EXPRESSLY AGREE TO ALL TERMS AND CONDITIONS, AS THE SAME MAY BE PERIODICALLY AMENDED, INCLUDING THE LIMITATIONS OF ABELL'S AND THE SELLER'S LIABILITY. Buyer's continued use or access of this website indicates your agreement with these changes.

Abell Auction Company may amend, modify, add, supplement, or remove any of these terms and conditions at any time, and from time to time. If Abell does so, Abell will post such changes on this page. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO BUYER, BUYER SHOULD DISCONTINUE USING THE SERVICES. BUYER?S CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE BUYER?S ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

Conditions of Sale
Shipping Terms: Abell DOES NOT offer shipping services. The Buyer is responsible for arranging and paying all packing and shipping costs for the removal and shipment of their purchases. Abell will furnish recommendations to area shippers. Buyers may pick up their items from the Abell facility in Los Angeles. Local pickups will be subject to CA sales tax unless a state-issued Resale Certificate is submitted at the time of the pick-up. Successful first-time Buyers that wish to purchase via credit card will have a ten-day hold on the release of the property. Any purchased items with a question of authentication must be addressed within thirty (30) days of the sale date; there are no exceptions.

Terms And Conditions of Abell Online Auctions
Conditions of Sale

ALL JEWELRY, PRECIOUS METALS, AND VEHICLE PURCHASES SHALL BE PAID BY WIRE TRANSFER ONLY. THERE ARE NO EXCEPTIONS.

This Auction is presented by Abell Auction (Abell) and Invaluable and is conducted under these Terms and Conditions as well as applicable State and local laws. By participating in the auction, the Buyer affirmatively represents and acknowledges that Buyer has read and understood the terms and conditions of sale set forth herein and agrees to be bound by the same.

Any condition statement is given as a courtesy to a potential bidder or Buyer, is only an opinion, and should not be treated as a statement of fact. Abell shall have no responsibility for any error or omission. The absence of a condition statement does not imply that a lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Any statements made by Abell with respect to a lot whether in a condition report, Abell catalog, or on the Abell website, orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact, and do not constitute representations or warranties of any kind. Any description of a lot?s dimensions and weights is approximate. Descriptions we make about lots may not describe all faults or restorations. No description or report about a lot is a substitute for your own examination of a lot.

Abell undertakes no obligation to Bidders or the Buyer to examine, investigate or carry out any tests, either in sufficient depth or at all, on each lot to establish the accuracy or otherwise of any Descriptions or opinions given by Abell, or by any person on Abell?s behalf, whether in the Catalogue or elsewhere. bidders and the Buyer should not suppose that such examinations, investigations, or tests have occurred.

In most cases, an Estimate is printed beside the entry. Estimates are only an expression of Abell's opinion made on behalf of the Seller of the range where Abell believes the final hammer price for the lot is likely to fall; it is not an estimate of value. It does not consider any Buyer's Premium payable or any other fees payable by the Buyer. Prices depend upon bidding, and lots can sell for hammer prices below and above the estimates, so estimates should not be relied on as an indication of the actual selling price or value of a lot.

Lots are likely to be second-hand, of varying condition, offered for the purpose of display or appreciation as objects only, and are sold to the Buyer on an ?as is? basis, with all faults and imperfections. Illustrations and photographs of any lots are for identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the color(s) or true condition of the lot. It is for Buyer to satisfy yourself as to each and every aspect of a lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price).

By bidding at an Abell Auction Company auction, bidders and Buyer hereby agree to be bound by the following:

1. As Is: All lots are sold As Is and without recourse and neither Abell nor the consignor makes any warranties or representations, express or implied, with respect to such lots. DO NOT BID ON ANY LOT UNLESS YOU HAVE PERSONALLY INSPECTED IT TO DETERMINE ITS PROVENANCE, CONDITION, SIZE, AND WHETHER OR NOT IT HAS BEEN REPAIRED OR RESTORED.

2. Bidding at Auction: The highest bidder recognized by the auctioneer will be the Buyer. The successful bidder will be personally responsible to pay the hammer price plus a Buyer?s Premium of twenty-five (28) percent of the gross hammer price (Buyer's Premium), plus applicable sales tax. Title to the property purchased shall not pass to the Buyer until such time that all wire transfers, credit card transactions, and checks have been cleared by Abell?s banking facilities. All unpaid balances shall bear interest at the highest rate permitted by law until paid in full. The Auction is conducted under these Terms and Conditions of the Auction and applicable state and local law. Announcements and corrections from the podium and those made through the Terms and Conditions of Auctions appearing on the Internet at Abell.com supersede those in the printed catalog.

3. Buyer's Premium:

All bids are subject to a Buyer's Premium which is in addition to the placed successful bid. The Buyer?s Premium for each Auction is published by Auctioneer in the online catalog and on the Internet.

Bidders:

4. Any person participating in or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of the Auction (Bidder(s)).

All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at Auctioneer?s sole option and will not be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. The Auctioneer reserves the right to exclude any person from the auction.

If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.

Phone Bids: a) Due: Abell must receive phone bids no later than at the close of business hours the day before the scheduled auction. (b) Bids: Abell will attempt to call the Bidder at up to two (2) phone numbers that Buyer provides to Abell. However, there can be no assurance that Abell will succeed in reaching the Bidder by phone.

5. Credit:

In order to place bids, Bidders who have not established credit with Abell must either furnish satisfactory credit information (including two collectibles-related business references) or supply valid credit card information along with a social security number, well in advance of the Auction. Internet bids will only be accepted from pre-registered Bidders. Bidders who are not purchased previously at an Abell auction should preregister at least 48 hours before the start of the first session (exclusive of holidays or weekends).

Bidding Options:

6. Abell accepts bids from the Internet, telephone, fax, mail, and from registered clients. Abell cannot be responsible for Bidders and Buyers errors in bidding or the entry of bids. When identical Internet, email or faxed bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and received by the Abell at least two business days prior to the Auction start. Abell is not responsible for executing mail bids or fax bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Abell responsible for the proper execution of bids submitted by telephone, mail, fax, email, Internet, or in person once the Auction begins. Any third-party representative bidding on behalf of a third party is personally responsible for any purchase made.

Conducting the Auction:

7. The highest qualified Bidder recognized by the Auctioneer shall be the Buyer. In the event of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between any Bidders at an Auction, Auctioneer may at their sole discretion reoffer the lot. The Auctioneer?s decision and declaration of the winning Bidder shall be final and binding upon all Bidders. Bids properly offered, whether by Internet Bidder or other means of bidding, may on occasion be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid accepted as the winning bid, regardless of whether a competing bid may have been higher. After the hammer falls, the aAuctioneer reserves the right to accept bids and reopen bidding for bids placed through the Internet or otherwise. Regardless of placed bids, Auctioneer reserves the right to withdraw any lot, or any part of a lot, from the Auction at any time prior to the opening of any such lot by the auctioneer.

8. All Sales Are Final/Removal of Property: All sales are final. Quantities and conditions must be checked before removal from Abell, as adjustments will not be made after removal from the premises. All purchases, upon payment, shall be immediately removed from the premises at the Buyer?s expense. Abell is not responsible for any property left on the premises after seven (7) days from the date of the applicable auction. Packing and handling of purchased lots is at the entire risk of the Buyer. Abell is not responsible for any shipping or removal of property, including work conducted by a third-party contractor.

9. Storage Fees: Without exception, for all merchandise left on the premises, Abell will charge a storage fee of the greater of $25.00 per lot per day or 10% of the purchase price per item left in Abell?s warehouse over seven (7) days (plus a handling fee of $75). Abell reserves the right to re-sell any item purchased and left in Abell?s warehouse for over 21 days. Lot fees and handling fees will be deducted from the gross sales proceeds. In the event, you refuse to pay for or abandon any auction item that you win at auction, Abell shall have the option of reselling, removing, storing, or disposing of the items left at Abell premises for more than 21 days after the sale, at which time the items shall be deemed abandoned (?Abandoned Property?). Buyer understands and agrees that Buyer will be personally responsible for all deficiencies and all legal, collection, transportation, and storage expenses associated with your abandoned auction items. In the event of resale, the Buyer agrees to pay any cost associated with the resale as well as any deficiency between Buyer?s original purchase price and the resale price as well as the storage fees set forth in this paragraph 9. Buyer authorizes Abell to sell at its standard commission and consignment contract terms, any items not retrieved after a 21-day period in any manner deemed appropriate by Abell, and the proceeds will be applied to any outstanding balance due from the Buyer along with the aforementioned storage fees.

10. Consequences of Late Pick-up, Abandoned Property: Buyer hereby releases Abell of and from any claims related to such Abandoned Property (including without limitation claims for purchase price refunds, possession of such lot, or other damages or losses). Buyer acknowledges and agrees that Abell is not responsible for damage or loss that occurs to Abandoned Property and that Abell is not responsible for insuring Abandoned Property after the Retrieval Period.

11. Sales Taxes: Buyers are responsible for paying all applicable sales taxes unless legal documentation is on file with Abell before the commencement of the Auction.

12. Default: If any conditions contained in this Conditions of Sale are not complied with by the Buyer, Abell, in addition to all remedies available by law, including the right to hold such Buyer liable for the purchase price plus Buyer?s premium and applicable sale tax, may: (i) cancel the sale, retain as liquidated damages any payment paid by the Buyer; (ii) resell the property without reserve at public auction or privately, on seven (7) days? notice to the Buyer; and (iii) take such other legal action as it deems necessary or appropriate. If Abell resells the property, the original defaulting Buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including storage fees, the expenses of both sales, attorneys? fee incurred, incidental charges and all other charges due hereunder. Any Buyer who fails to comply with the conditions contained in this Agreement shall be deemed to have granted Abell a security interest in any other property owned by such Buyer that is in Abell?s possession. Abell shall have the benefit of all rights of a secured party under the California Uniform Commercial Code.

13. Attorneys? Fees/Court Costs: Should any action be brought to enforce any of the terms and/or conditions set forth in this Agreement, the prevailing party shall be entitled to all court/arbitration costs and actual attorney?s fees incurred.

14. Forms of Payment: cash, personal and business checks (on local banks only), VISA, MasterCard, Discovery, and American Express cards. PLEASE NOTE, ALL CREDIT PAYMENTS MADE DIRECTLY TO ABELL AUCTION WILL BE ASSESSED AN EDITIONAL 3% SEVICE CHARGE. Buyers will be charged a $50.00 processing fee for all returned checks. All motor vehicles and jewelry purchases must be paid for by bank wire, cashier's check, or cash. ALL INTERNATIONAL BIDDERS MUST SUBMIT PAYMENT BY WIRE; please contact Abell for wiring instructions. Any item paid by credit card over the telephone is subject to a ten (10) day hold.

15. Changes to Terms and Conditions: Abell has the right to update its terms and conditions. Any changes will be posted on Abell's website at https://www.Abell.com as well as on the auction registration page. Please review these terms and conditions regularly to ensure you are aware of any changes made by Abell. If any Bidder and/or Buyer participates in an Abell Online Auction after changes have been made and posted, the Bidder and/or Buyer shall be deemed to have agreed to such changes.

16. Arbitration of Disputes. All disputes which may arise between the Buyer and Abell under or with respect to these Terms and Conditions shall be determined solely by arbitration in accordance with the rules of JAMS, applying California law. The arbitration shall be held in Los Angeles, California. Such determination by the arbitrators or by the sole arbitrator, whatever the case may be, shall be final, binding, and conclusive upon the parties. The prevailing party shall be entitled to all costs and outside attorneys fees incurred.