Terms & Conditions
Terms & Conditions
Terms and Conditions of Sale
1. Payment: 13% Buyer’s premium on all credit card purchases, 10 % if paid by cash or check. Cash, traveler’s check, certified check or personal check if known by the auction company. Mastercard, Visa, American Express & Discover accepted.
2. As a convenience to customers, absentee bids and phone bids will be
executed by Berner’s Auction Gallery personnel in a fair, competitive and
confidential manner. Phone bid arrangements must be made 24 hours prior to
start of the auction. Berner’s Auction Gallery will not be responsible for
failure to execute absentee or phone bids.
3. All items are sold "AS IS, WHERE IS" with all faults. There are no
warranties or representations of merchantability, of fitness, nor of any
other kind, express or implied. All items are available for your examination
before the item is moved to the podium before the sale. Written and oral
descriptions are our opinions and should in no way be construed as a
guarantee of any kind as to authenticity, age, condition, materials or any
other feature of items being sold. Berner’s Auction Gallery attempts to
catalog every lot correctly and will attempt to point out any defects but
will not be responsible or liable for the correctness of the catalog or
other descriptions of the lot. We recommend prospective bidders examine all
items in which they have an interest. By placing a bid, either in person, by
phone, absentee or via the Internet, you signify that you have examined the
items as fully as you desire to or that you have chosen not to examine them.
If you require absolute certainty in all areas of authenticity, and the
results of your evaluation leave uncertainty in your mind, we recommend you
have an expert examine the lot for you or do not bid on the item in
question. If your item(s) are damaged in shipping, you will need to contact
the shipper to file a claim. If your item(s) are being shipped and there is
a condition problem upon receipt, you are expected to notify us immediately
by phone at 937-325-9925. We do not give refunds! All sales are final!
4. All property is sold "AS IS, WHERE IS" and neither Berner’s Auction
Gallery nor the consignor makes any warranties or representations of any
kind or nature with respect to property or its value, and in no event shall
be responsible for the correctness of description, genuineness, attribution,
provenance, authenticity, authorship, completeness, condition of property or
estimate of value. No statement (oral or written) in this catalog, at the
sale, or elsewhere shall be deemed such a warranty or representation, or any
assumption of responsibility. All measurements are approximate. Antiques, by
the very nature of their age, have wear that reflects their years of use. As
a result, honest wear earned from use is to be expected and is sometimes the
proof that an item is an antique. Normal wear will not be listed. Buyers who
would like to know the fine points regarding condition should call.
5. Berner’s Auction Gallery reserves the right to withdraw any lot at any
time before the auction without liability. Berner’s Auction Gallery and any
of its employees or consignors reserve the right to bid on any merchandise
offered in course of auction with the permission of Berner’s Auction
Gallery.
6. The successful bidder is the highest bidder acknowledged by the
auctioneer. In the event of any dispute between bidders, or in the event of
doubt on Berner’s Auction Gallery's part as to the validity of any bid, the
auctioneer will have the final discretion either to determine the successful
bidder or to re-offer and resell the article in dispute. If any dispute
arises after the sale, Berner’s Auction Gallery sale record is conclusive.
7. The Auctioneer has the right to reject any raise of bid not commensurate
with the value of the item being offered. Items are sold without reserve
unless otherwise advertised.
8. All sales are final and all items must be paid for each day of sale and
buyer must have paid receipt to pick up items. All items must be paid for
before taken from premises. The purchaser assumes full responsibility for
items at the fall of the hammer.
9. SHIPPING - Berner’s Auction Gallery will ship through the Heart of Ohio
Antique Center. However we reserve the right to use a third party shipper at
our discretion due to limitation of in-house shipping. It is the buyer's
responsibility to pay all fees associated with shipping and packing.
Estimates are available contact us at info@berners-auction.com. All property
should be removed from our premises no later than 4:00 P.M.. of the fifth
business day following the end of the auction. Unless prior arrangements
have been made with Berner’s Auction Gallery, items not removed by the
specified time will be charged storage and handling fees of $10.00 per item
per day until removal. Please note that removal deadlines are strictly
enforced.
10. If we are prevented by fire, theft, or any other reason whatsoever from
delivering any property to the purchaser, our liability shall be limited to
the sum actually paid, by the purchaser for such property.
11. All sales are subject to Ohio and Clark County sales tax of 7.5%, unless
purchased for resale and proper tax exemption form has been completed, the
purchaser must possess a valid tax-exempt number. Berner’s Auction Gallery
must have a blanket exemption certificate with permit number and signature
on any tax exempt sale.
12. Bidding on any articles indicates acceptance of these terms. If any
applicable conditions herein are not complied with by the purchaser,
Berner’s Auction Gallery at its option may either (a) cancel the sale,
retaining as liquidated damages all payments made by the purchaser or (b)
resell the property at public auction without reserve or minimum selling
price, and the purchaser will be liable for any deficiency and costs,
including handling charges, expenses of both sales, the commission on both
sales at regular rates, all other charges due hereunder and incidental
damages.
13. All items sold in numerical, cataloged order.
14. If you have any questions please contact our staff.
15. We follow all Federal Firearms Rules and Regulations.
16. These terms and conditions of sale, as well as the respective
rights and obligations of Berner’s Auction Gallery and any purchasers or bidder at any sale of Berner’s Auction Gallery, shall be governed by and construed and enforced in accordance with the laws of the State of Ohio.
17. The auctioneer is licensed and regulated by The Ohio Department of
Agriculture - Auction Division.
Antiques, by the very nature of their age, have wear that reflects their
years of use. As a result, honest wear earned from use is to be expected and
is sometimes the proof that an item is an antique. Normal wear will not be
listed. Buyers who would like to know the fine points regarding condition
should call. We would prefer that you examine the items before you place a
bid. All items are sold “as is”.
EBay Bidding
1. There will be a buyers premium of 17% for Internet bidders added to the hammer price of each lot and it will be considered part of the total purchase price.
2. PAYMENT - For items bought through EBay Live Auctions, it is the buyer's
responsibility to contact Berner’s Auction Gallery via telephone
937-325-9925 or email at info@berners-auction.com to arrange payment.
Berner’s Auction Gallery will email an invoice to you within 3 days from the
date of the sale. We accept cashiers check, traveler's check, money orders,
wire transfers, Visa, MasterCard, or American Express. If you have not
contacted Berner’s Auction Gallery to arrange payment within 24 hours of
time that invoice is sent, we will charge the credit card you used to
register for the auction for the amount of your invoice. Failure to make
payment arrangements within 7 days following the auction will result in a
NPB being placed on your Ebay account. We reserve the right to require bank
checks or certified checks for large purchases.
3. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price, Estimates are simply an opinion.
Absentee and Phone Bids
We require payment to be received by us no later than 7 days after the
auction.
Credit Card - Shipped without delay. (MasterCard, Visa, American Express,
and Discover)
Money Order - Shipped when we receive payment.
Personal Check - Shipped after check has cleared (2 weeks)
If payment is not received within 7 days your Credit Card will be charged
and the merchandise shipped.
Absentee Bids are accepted with a 10% buyers premium on all Absentee Bids.
There is a 12% buyer's premium if paid by Credit Card.
We do competitive bidding on all absentee bids.
All online Absentee Bids must be submitted one hour before sale time.
Items are sold without reserve unless advertised otherwise.
All online absentee bids must be accompanied by a valid Credit Card Number
with its Expiration Date. We do reserve the right to verify the said card
has at least the amount of the bid available in credit. We do not require
the purchase be made with the credit card. If the bidder were to win the
item we will contact the bidder to verify method of payment and shipping
information.
We will contact the winning absentee bidder by telephone. If no answer we
will leave a message if possible. If we cannot make contact we will charge
your credit card and ship the merchandise to the mailing address on file.
All sales are subject to Ohio and Clark County sales tax. Ohio residents
purchasing the items for resale must provide proper tax exemption
information to have sales tax waived. Sales tax will be charged on all items
shipped out of state.
Bidding indicates acceptance of the terms stated above.