1. Agreement to the terms
By bidding at an auction, each purchaser and bidder agrees to be bound by these terms and conditions of sale. All items are offered subject to applicable federal and state law and C.I.T.E.S. treaty requirements.
2. Property sold as is
All property is sold as is, where is, by lot, and all bids are per lot as numbered in the catalog. All sales are final. No returns are available. Consignors represent that they have good title to the property; Austin Auction Gallery makes no independent warranty of title.
All express or implied warranties, including warranties of merchantability and fitness for a particular purpose, are disclaimed by Austin Auction Gallery and its consignors. Catalog descriptions, condition statements, dimensions, and weights are statements of opinion or approximations. No warranty is made as to the transfer of intellectual-property rights. The buyer assumes risk of loss when declared the high bidder and agrees to hold Austin Auction Gallery, its auctioneers, owners, and employees harmless from liability resulting from the purchase of inherently dangerous products.
3. Registration and bidding
Approved bidders may bid in person, by written absentee bid, by telephone, or online. Written and telephone bids left before the auction are ordinarily started two increments below the authorized maximum. Internet bidders should register at least 2 hours before the auction begins.
Austin Auction Gallery is not responsible for a failure to execute an absentee bid or for an electronic or communications failure. The auctioneer may reject a bid, determine bidding increments, resolve disputes, and determine the highest bidder in the auctioneer's sole judgment. Lots may be offered with reserve, and the auctioneer may advance bidding on behalf of a seller's reserve without further notice. Estimates are guides only.
4. Bid increments
| Minimum | Maximum | Increment |
|---|---|---|
| $1.00 | $99.99 | $10.00 |
| $100.00 | $499.99 | $25.00 |
| $500.00 | $999.99 | $50.00 |
| $1,000.00 | $1,999.99 | $100.00 |
| $2,000.00 | $4,999.99 | $250.00 |
| $5,000.00 | $9,999.99 | $500.00 |
| $10,000.00 | $49,999.99 | $1,000.00 |
| $50,000.00 | $149,999.99 | $5,000.00 |
| $150,000.00 | + | $10,000.00 |
5. Buyer’s premium, tax, and payment
All bidding and purchases are in U.S. dollars. A buyer's premium is added to the successful bid: 23% for non-Internet bids and Austin Auction Live! bids; 27% for Bidsquare bids; and 28% for LiveAuctioneers and Invaluable bids. LiveAuctioneers and Invaluable additionally charge their own credit-card processing fee (currently 3.9% and 2.9% respectively) on payments made through those platforms; Austin Auction Live! carries no card fee. Buyers are also responsible for applicable state and local sales tax.
Purchases must be paid in full within 5 days after the auction. Payment may be made in U.S. currency or by approved Visa, Mastercard, Discover, or American Express cards. Austin Auction Gallery does not accept PayPal. Checks are accepted only from Texas residents who present a valid Texas driver's license. Invoiced purchases over $10,000 must be paid by bank wire transfer; instructions are available on request.
6. Descriptions, condition, and inspection
Statements in a catalog, invoice, bill of sale, or made by the auctioneer or staff concerning maker, authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, historical relevance, or condition are qualified opinions, not representations or warranties. Printed and online descriptions do not necessarily include condition reports, and the absence of a condition statement does not mean a lot is free from wear, restoration, imperfections, or age effects.
Prospective bidders should inspect lots during published preview hours or by appointment and may contact the gallery for assistance. By bidding in person, by phone, by absentee bid, or online, a bidder signifies that the bidder has examined the property as fully as desired or has chosen not to examine it. Jewelry is not returnable for any reason after leaving the premises. No employee may make an oral or written warranty on behalf of the gallery or consignor. Austin Auction Gallery may withdraw any lot before it is sold.
7. Removal and storage
Paid property must be removed from the premises at the purchaser's expense no later than 10 calendar days after the sale date. After that period, a storage fee of $25 per lot, per day is payable. The gallery may transfer property to a public warehouse at the purchaser's risk and expense or sell it privately or at public auction without notice, retaining proceeds as liquidated damages and storage fees.
If paid property is lost or damaged before timely collection, Austin Auction Gallery's liability is limited to the amount actually paid for the property and excludes incidental or consequential damages. Austin Auction Gallery is not a storage facility.
8. Packing and shipping
Packing, handling, and shipping are the purchaser's responsibility and option. Austin Auction Gallery does not provide packing or shipping services. Any recommended company is independent and, if hired, acts as the purchaser's agent. Austin Auction Gallery receives no compensation for shipping referrals. Buyers are encouraged to obtain insurance and more than one quote.
9. License, law, and disputes
The auctioneers are licensed by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599, tdlr.texas.gov, and protected through a recovery fund administered by that department. Unresolved complaints may be directed to the department. The auctioneer in charge is Ross Featherston, license 8069.
Texas law governs disputes, and venue lies in Travis County, Texas. Any cause of action or suit arising among the auctioneer, auction company, consignor, or purchaser must be commenced within one year after the cause of action accrues. The period begins on the date of breach, damage, or injury, not when the resulting cost, harm, or loss is discovered.
10. Card authorization
Purchasers give Austin Auction Gallery irrevocable permission to charge a card submitted with a request to participate in an auction for purchases made by that purchaser at the auction.
11. Firearms
Firearm sales must comply with applicable Texas and federal regulations. A denied status from the NICS system does not cancel the successful bidder's payment obligation. Firearms not picked up in person must be transferred to a licensed FFL, and the buyer is responsible for shipping and transfer costs. All firearms should be examined for safety by a competent gunsmith before use. Sales are void where prohibited, and buyers are solely responsible for checking laws governing purchase, possession, and transport.
This document contains the entire agreement among Austin Auction Gallery, Ltd., its employees, the consignor, and the purchaser or supposed purchaser at auction.