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GAVEL & GRACE, LLC
Terms & Conditions of Sale
Version Date: 08/11/2026
These Terms and Conditions of Sale (“Terms”) constitute a binding agreement between Gavel & Grace, LLC (“Auctioneer,” “we,” “our,” or “us”) and all persons or entities who register to bid, place a bid, or purchase property through any auction conducted by Gavel & Grace (“Bidder,” “Buyer,” or “you”). By registering to bid or placing any bid, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
1. General Terms of Participation
All auctions conducted by Gavel & Grace are subject to these Terms. Gavel & Grace reserves the right to deny registration or bidding privileges to any person for any reason and to modify or update these Terms at any time. All registered bidders must be at least 18 years of age and legally capable of entering into a binding contract for the purchase of goods.
2. Condition of Property and “As-Is” Sale
All property is sold “AS IS, WHERE IS, WITH ALL FAULTS” without any express or implied warranties, representations, or guarantees of any kind, including but not limited to merchantability, fitness for a particular purpose, authenticity, age, provenance, or condition. No previews are offered. All available photographs and descriptions are provided for informational purposes only and may not reflect every detail or imperfection. Bidders are solely responsible for reviewing item descriptions and images prior to bidding and assume all risks of purchase without physical inspection. No claim will be accepted for any variance in description, condition, size, weight, color, or other attribute of any item.
3. Bidding Process
All bids placed are final and constitute a binding contract to purchase the item at the stated hammer price plus applicable Buyer’s Premium. Bids may not be retracted or canceled under any circumstances. The Auctioneer reserves the right to reject any bid, cancel or reopen bidding, or withdraw any lot at any time before, during, or after the sale if an error, dispute, or irregularity occurs. The Auctioneer’s records shall be conclusive in all disputes regarding bids, buyers, and final sale results. The auctioneer is a disclosed participant and may purchase items like any other bidder.
4. Buyer’s Premium and Payment Terms
A Buyer’s Premium will be added to the final bid price of each lot sold. All invoices will be automatically charged to the credit card on file immediately following the close of the auction. All sales are final. No chargebacks, refunds, or exchanges will be accepted. The Buyer authorizes Gavel & Grace to process the payment for the total purchase amount, including Buyer’s Premium and any applicable fees, and acknowledges that failure to make full payment constitutes a material breach of this Agreement.
The Buyer’s authorization extends beyond the initial invoice and expressly includes any post-sale amounts assessed under Sections 6B, 6C, 7A, and 8, whether assessed at the close of the auction or at any time thereafter. The Buyer agrees to maintain a valid credit card on file until all amounts owed are paid in full and to promptly provide updated card information upon request. If the card on file is declined, expired, or otherwise unavailable, the Buyer remains fully liable for all amounts due, which become immediately payable upon notice.
4A. Sales and Use Tax
(a) Application. Where applicable, Missouri state and local sales or use tax will be added to the purchase price and Buyer’s Premium and collected at the rate in effect for the taxing jurisdiction in which title transfers. Certain auctions conducted by Gavel & Grace consist of the partial or complete liquidation of household, personal, farm, or other nonbusiness property sold on behalf of a disclosed principal, and receipts from those auctions are not subject to sales tax. Whether tax applies is determined by Gavel & Grace on an auction-by-auction basis and will be stated on the Buyer’s invoice.
(b) Disclosed principal. Gavel & Grace acts as agent for the seller of the property offered in each auction. The seller, estate, or other principal on whose behalf the property is offered is disclosed in the auction listing.
(c) Exemption certificates. Buyers claiming exemption from tax on a taxable auction must submit a valid Missouri exemption certificate or Missouri Form 149 resale exemption certificate to Gavel & Grace before the close of the auction. Certificates submitted after the close of the auction will not be honored, and no refund of tax already collected will be issued.
(d) Separately stated charges. Charges for delivery, mileage, labor, removal, disposal, handling, and damages are stated separately on the Buyer’s invoice. Where such charges are not subject to tax, they are excluded from taxable gross receipts.
(e) Later determinations. Should any taxing authority determine that tax was due on any amount charged to the Buyer, the Buyer remains liable for that tax together with any interest and penalties assessed, and authorizes Gavel & Grace to charge the credit card on file pursuant to Section 4.
5. Chargebacks, Refunds, and Fraudulent Claims
All sales are final. No refunds or exchanges will be accepted. Buyers agree not to initiate a chargeback or payment dispute without first contacting Gavel & Grace to attempt resolution in good faith. Unauthorized or fraudulent chargebacks may result in account suspension, denial of future bidding privileges, and possible legal action to recover any losses incurred.
By registering to bid and completing a purchase, the Buyer expressly authorizes Gavel & Grace to charge the credit card on file for the full amount due, including any Buyer’s Premium and applicable fees. The Buyer remains responsible for payment even if a chargeback is later initiated. All costs, attorney’s fees, and administrative expenses associated with recovering funds from a chargeback or reversal shall be the responsibility of the Buyer.
6. Pickup and Removal of Property
The pickup location will be disclosed to winning bidders after the auction concludes. Buyers must schedule a pickup time within the posted pickup window(s). Except as provided in Sections 6B and 8, Buyers are solely responsible for all loading, packing, dismantling, carrying, lifting, and transportation of purchased property. Gavel & Grace does not provide dollies, tools, moving equipment, labor, or assistance of any kind. Buyers must bring adequate personnel and equipment to safely remove items from the premises. Gavel & Grace, LLC and the property owner assume no responsibility or liability for accidents, injuries, or damages sustained by any person or to any property during inspection, pickup, or removal, whether occurring on or off the premises. Buyers enter all pickup locations at their own risk. Any item not picked up within the designated timeframe will be deemed abandoned and forfeited without refund or credit.
6A. Property Entry and Safety Waiver
By participating in the auction and entering any property for inspection, pickup, or removal, the Buyer expressly acknowledges and agrees that: (1) They are entering private property at their own risk; (2) They are responsible for their own safety and the safety of any helpers or agents; (3) Gavel & Grace, LLC, the property owner, and their employees, agents, and contractors shall not be liable for any injury, loss, or damage arising from access to, or removal of, purchased property; and (4) The Buyer agrees to indemnify, defend, and hold harmless Gavel & Grace, LLC and the property owner from any and all claims, demands, or causes of action relating to such entry, loading, removal, or transport activities.
6B. Special Arrangement Pickups
Special arrangement pickups are offered solely at the Auctioneer’s discretion and subject to availability. Requests must be submitted and approved in writing before the Buyer places any bid. Approval is not guaranteed. An unapproved or denied request does not excuse the Buyer’s obligation to complete pickup during the published pickup window and does not relieve the Buyer of the fees in Sections 7 and 7A.
(a) Fee. Approved special arrangement pickups are billed as follows:
(1) Labor at forty-five dollars ($45.00) per hour, per person, with a one (1) hour minimum, billed in quarter-hour increments after the first hour. Billable labor includes loading, transport, unloading, and wait time.
(2) Round-trip mileage from the pickup location to the agreed delivery or transfer location and return, calculated at the IRS standard business mileage rate in effect on the date the trip occurs.
A good-faith estimate will be provided to the Buyer before the arrangement is confirmed. The estimate is not a cap. The final fee will be itemized and charged to the credit card on file pursuant to Section 4.
(b) Waiver for dedicated pickup lots. Where Gavel & Grace publishes a dedicated pickup option for a specific lot or group of lots, the fee under this Section is waived for those lots provided the Buyer completes pickup during the published dedicated pickup window. A Buyer who does not complete pickup within that window is subject to Sections 7 and 7A, or to the fees in this Section if a new special arrangement is separately requested and approved.
(c) Missed appointments. If the Buyer fails to appear for a confirmed special arrangement pickup, or cancels with less than twenty-four (24) hours notice, the one (1) hour minimum labor charge plus any mileage actually incurred will be charged to the card on file.
(d) Risk of loss. Risk of loss passes to the Buyer upon loading. Gavel & Grace makes no warranty as to the condition of property after loading and is not liable for damage, loss, or breakage occurring during transport, unloading, or placement. A special arrangement pickup does not constitute shipping under Section 8.
6C. Buyer-Caused Damage to the Premises and to Property Not Purchased
The Buyer is solely responsible for arriving prepared to remove purchased property safely, including bringing sufficient helpers, tools, dollies, straps, blankets, padding, floor protection, and vehicles adequate for the size and weight of the lots purchased. As stated in Section 6, Gavel & Grace provides no equipment, labor, or assistance of any kind.
(a) Responsibility. The Buyer is liable for any and all damage caused by the Buyer or by any helper, family member, agent, delegate, employee, mover, or other person acting on the Buyer’s behalf, to:
(1) The premises and grounds, including without limitation walls, doorways, door frames, trim, floors, carpet, tile, stairs, railings, cabinetry, countertops, light fixtures, plumbing fixtures, appliances, windows, screens, driveways, walkways, fencing, and landscaping; and
(2) Any lot, item, or property the Buyer did not purchase, including lots purchased by other buyers, lots that remain unsold, lots offered in a current or future auction, and any property of the property owner, the seller, the estate, or Gavel & Grace.
The Buyer is fully responsible for the acts and omissions of every person the Buyer brings to or sends to the pickup location, and the Buyer’s obligations under Sections 6A and 10 apply to each of them.
(b) Duty to report. The Buyer must immediately report any damage to Gavel & Grace before leaving the premises. Failure to report damage, concealment of damage, or relocation of damaged property does not limit the Buyer’s liability and may result in denial of future bidding privileges.
(c) How damages are assessed. Damage will be assessed at the actual cost to repair, restore, or replace the damaged property, established by one or more of the following at Gavel & Grace’s election:
(1) A written invoice from a licensed or otherwise qualified contractor, vendor, conservator, or repair service;
(2) A written estimate from a licensed or otherwise qualified contractor, vendor, conservator, or repair service, where repair has not yet been performed;
(3) Documented cost of materials plus labor at forty-five dollars ($45.00) per hour, per person, where Gavel & Grace, the property owner, or their agents perform the repair; or
(4) Where repair is not practical or the property is rendered unsalable, the replacement or lost value of the property determined under subsection (d).
(d) Valuation of lots not purchased by the Buyer. Where the Buyer damages a lot, item, or property the Buyer did not purchase, the amount assessed will be determined as follows:
(1) Lot sold to another buyer. The hammer price plus Buyer’s Premium and applicable taxes paid by that buyer, plus the amount of any refund, credit, or adjustment Gavel & Grace issues to that buyer, plus any cost of removal or disposal of the damaged property.
(2) Lot not yet sold, or withdrawn as a result of the damage. The reserve price, if any; otherwise the fair market value of the property immediately before the damage occurred, as determined by Gavel & Grace with reference to comparable realized auction prices, published price guides, appraisal, or written valuation. To this amount is added the Buyer’s Premium and commission Gavel & Grace would have earned had the lot sold at that value, and any cost of removal or disposal of the damaged property.
(3) Property damaged but still salable at reduced value. The difference between the fair market value of the property immediately before the damage and its fair market value after the damage, determined as set forth in subsection (2), plus the corresponding Buyer’s Premium and commission on that difference.
Amounts assessed under this subsection may also include any cleaning, debris removal, disposal, storage, re-photography, re-cataloging, or re-listing costs actually incurred.
(e) Attribution. Where damage to the premises or to property not purchased by the Buyer is identified during or immediately following a pickup window, and the Buyer or persons acting on the Buyer’s behalf were the only parties with access to the affected area during that window, the damage will be attributed to the Buyer. Gavel & Grace’s records of pickup appointments, access, and premises documentation under subsection (f) shall be conclusive in determining access.
(f) Documentation and notice. Gavel & Grace may photograph or video the premises before, during, and after any pickup window. Gavel & Grace will provide the Buyer with written notice of any assessment, including photographic documentation and an itemized statement of the amount assessed and its basis.
(g) Payment. The assessed amount will be charged to the credit card on file pursuant to Section 4. Where the assessed amount exceeds five hundred dollars ($500.00), Gavel & Grace may, at its sole option, charge the card on file in full, charge the card in partial amounts, or issue an invoice payable within ten (10) days of the date of notice. Failure to pay is a material breach of these Terms, and Gavel & Grace may pursue all available remedies, including collection costs and reasonable attorney’s fees under Sections 5 and 12.
(h) Objection period. The Buyer may contest an assessment by delivering a written objection, with supporting documentation, to Gavel & Grace within five (5) business days of the date of Gavel & Grace’s notice. Failure to object within that period constitutes the Buyer’s acceptance of the assessment as final. Any timely objection not resolved by agreement is subject to Section 12.
(i) No offset. The Buyer may not withhold, reduce, or offset payment of the purchase price, Buyer’s Premium, taxes, or any other amount due on account of a pending damage dispute. Amounts assessed under this Section are in addition to all other amounts owed.
7. Abandoned or Forfeited Items
Failure to schedule or attend pickup within the listed timeframe constitutes abandonment of property. Abandoned items become the sole property of Gavel & Grace, which may dispose of, resell, or donate such property at its sole discretion. The Buyer remains responsible for the full purchase price, including Buyer’s Premium and any fees incurred.
7A. Abandonment Removal, Disposal, and Donation Fee
Items abandoned under Section 7 are subject to a removal and disposal fee, assessed as follows.
(a) Small item exemption. No fee is assessed for an abandoned lot that both weighs less than ten (10) pounds and fits entirely within a box measuring 10 inches by 11 inches by 8 inches. This exemption is applied per invoice, not per lot. If a Buyer’s abandoned lots collectively exceed either the weight or the dimensional limit, the fee in subsection (b) applies to the entire abandoned portion of that invoice.
(b) Removal and disposal fee. For any abandoned property that weighs ten (10) pounds or more, or that does not fit entirely within a box measuring 10 inches by 11 inches by 8 inches, the Buyer shall reimburse Gavel & Grace for all of the following:
(1) Labor at forty-five dollars ($45.00) per hour, per person, with a one (1) hour minimum, billed in quarter-hour increments after the first hour. Billable labor includes sorting, packing, disassembly, loading, transport, unloading, and wait time at the receiving facility.
(2) Round-trip mileage from the pickup location to the disposal, recycling, or donation facility and return, calculated at the IRS standard business mileage rate in effect on the date the trip occurs. Where more than one facility or more than one trip is required, each trip is billable.
(3) Facility charges actually incurred, at cost, including landfill, tipping, transfer station, recycling, appliance, mattress, tire, electronics, and hazardous material fees.
(c) Property requiring special handling. Property that a disposal or donation facility declines to accept, or that requires specialized removal or disposal (including without limitation pianos, organs, safes, hot tubs, exercise equipment, appliances containing refrigerant, mattresses, tires, paint, chemicals, fuels, and CRT televisions or monitors), will be billed at the actual cost charged by the third-party service required to remove or dispose of it, in addition to labor and mileage under subsection (b).
(d) Determination. All weight and dimensional measurements are made by Gavel & Grace. The Auctioneer’s determination is final and binding.
(e) Assessment and payment. The fee will be itemized and charged to the credit card on file pursuant to Section 4. This fee is in addition to, and not in lieu of, the full purchase price, Buyer’s Premium, and applicable taxes and fees, all of which remain due under Sections 4 and 7. The Buyer acknowledges that this fee constitutes reimbursement of Gavel & Grace’s actual costs of removal and disposal and is not a penalty or liquidated damages.
8. Shipping
(a) Availability. Shipping is offered solely at the Auctioneer’s discretion, on a lot-by-lot basis, and is not guaranteed. Buyers must submit a shipping request in writing within the timeframe stated in the auction listing. Absent an approved shipping request, the Buyer remains responsible for in-person pickup within the published pickup window, and Sections 7 and 7A apply.
(b) Items not eligible. Gavel & Grace may decline to ship any lot for any reason, including without limitation lots that are oversized, excessively heavy, fragile, or that consist of glass, ceramics, stone, marble, mirrors, framed artwork, taxidermy, firearms, ammunition, alcohol, aerosols, flammables, batteries, chemicals, or any item restricted by carrier or by law. Declining to ship a lot does not entitle the Buyer to cancellation, refund, or credit.
(c) Charges. Shipped lots are billed as follows, each stated separately on the Buyer’s invoice:
(1) A handling fee of ten dollars ($10.00) per package, covering labor, transport of the property to the Auctioneer’s facility, packing, and packing materials; and
(2) The actual cost of postage or carrier freight, passed through without markup.
Applicable sales tax will be added to the handling fee on taxable auctions. Carrier freight charges are separately stated and are not included in taxable gross receipts. Optional insurance and any special packing or crating costs, where requested and approved, are billed at actual cost in addition to the above.
(d) Packing materials. Gavel & Grace may use recycled or reused boxes, packing paper, and cushioning materials. Use of recycled materials is not grounds for any claim, refund, or credit.
(e) Payment. All shipping charges will be charged to the credit card on file pursuant to Section 4 before the package is tendered to the carrier. Gavel & Grace is not obligated to ship any lot until all amounts due on the Buyer’s invoice, including shipping charges, have cleared.
(f) Packing and condition. Gavel & Grace packs shipments using reasonable commercial care but makes no warranty as to the adequacy of packing for any particular item. Consistent with Section 2, all property is shipped AS IS. No claim, refund, or credit will be issued for damage, breakage, or loss occurring in transit.
(g) Risk of loss. Risk of loss passes to the Buyer upon tender of the package to the carrier. Any claim for loss or damage in transit is solely between the Buyer and the carrier. Gavel & Grace will, upon request, provide tracking information and available documentation to assist the Buyer in filing a carrier claim but assumes no responsibility for the outcome. Buyers who decline insurance do so at their own risk and waive any claim against Gavel & Grace.
(h) Addresses and undeliverable packages. The Buyer is solely responsible for providing a complete and accurate shipping address. Packages returned, refused, or undeliverable due to an incorrect address, a failure to accept delivery, or a failure to claim the package will be reshipped only upon payment of a new handling fee and carrier charges. Packages returned to Gavel & Grace and not reclaimed within fourteen (14) days will be deemed abandoned under Section 7, and Section 7A applies.
(i) Timeframe. Gavel & Grace will make reasonable efforts to ship within fourteen (7) business days following receipt of cleared payment and an approved shipping request. Shipping timeframes are estimates only and are not guaranteed.
9. Technology and System Malfunctions
Gavel & Grace is not responsible for any errors, delays, interruptions, or failures of the auction platform, internet connection, or other technology used in conducting the auction. Bidders are advised not to wait until the final seconds to place bids. In the event of a system malfunction or uncontrollable event (including weather or power outages), Gavel & Grace may extend, pause, or cancel any portion of the auction without liability.
10. Indemnification
The Buyer agrees to indemnify, defend, and hold harmless Gavel & Grace, its owners, officers, agents, employees, contractors, and affiliates from and against any and all claims, liabilities, losses, damages, demands, costs, or expenses (including reasonable attorney’s fees) arising out of or relating to: the Buyer’s breach of these Terms, the Buyer’s purchase, use, or resale of any property, or any violation of law or third-party rights by the Buyer.
11. Limitation of Liability
To the fullest extent permitted by law: Gavel & Grace, its affiliates, and agents shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages of any kind, including but not limited to lost profits, loss of business, or emotional distress. In all circumstances, the maximum aggregate liability of Gavel & Grace, its affiliates, and agents for any claim arising out of or relating to any auction shall not exceed the purchase price actually paid by the Buyer for the specific lot in dispute.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or any auction shall first be submitted to non-binding mediation administered by a mutually agreed-upon mediator located in St. Louis County, Missouri. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in St. Louis County, Missouri. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorney’s fees and costs.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified or severed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
14. Acknowledgment and Acceptance
By registering for any auction, placing a bid, or completing a purchase, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Sale. These Terms constitute the entire agreement between the Buyer and Gavel & Grace, superseding all prior discussions or representations.
Gavel & Grace, LLC
St. Louis County, Missouri
HiBid Consent Text
By registering to bid, I acknowledge that I have read and agree to the Terms & Conditions of Sale for Gavel & Grace, LLC. I understand that all items are sold as-is, where-is, with all faults, and that all sales are final with no chargebacks or refunds. I further understand that fees for abandoned items, special arrangement pickups, shipping, and damage I or my helpers cause to the property may be charged to my card on file after the auction closes.
(Version Date: 08/11/2026)