Conditions of Sale

Terms & ConditionsPAYMENT
21% Buyer's premium on all credit card purchases, 18 % if paid by cash or check. 5% Fee for online winning bids. Buyer's premium is considered part of the total purchase price. Cash, certified check or personal check if known by the auction company, MasterCard, Visa, American Express & Discover accepted with proper identification. First time customers and invoices greater than $5,000 require payment by certified check, bank check or wire transfer only. Berner's reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. If you have not responded to your e-mail invoice within 4 days we reserve the right to charge the card on file that was used during registration.

ABSENTEE/TELEPHONE BIDDING/ONLINE BIDDING
As a convenience to customers, absentee bids and phone bids are 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 is not responsible for failure to execute absentee or phone bids. A valid credit card must be submitted to register for any absentee/phone bid. Berner's reserves the right to verify the said card has at least the amount of the bid available in credit/and or charge $1.00 verification fee for new bidders. We do not require the purchase be made with the credit card. At most auctions live online bidding is available. There is an additional 5% fee for online bidders. It is the buyer's responsibility to contact Berner's Auction Gallery to arrange payment. Successful bidders are expected to pay for their purchases immediately. Berner's Auction Gallery will email an invoice to you within 24 hours from the date of the sale. If you have not contacted Berner's Auction Gallery to arrange payment within 48 hours after receipt of invoice, we reserve the right to charge the credit card associated with your auction registration for the amount of your invoice plus shipping.

WARRANTIES/REPRESENTATIONS
All items are sold "AS IS, WHERE IS" with all faults. Neither Berner's Auction Gallery nor the consignor make any warranties or representations of any kind or nature with respect to merchantability, fitness, property, value nor of any other kind, express or implied. All items are available for your examination 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 including genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. 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. 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. We do not give refunds! All sales are final!

WITHDRAWAL OF LOTS
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.

SUCCESSFUL BIDDERS
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.

RESERVES/MINIMUM BIDS
The Auctioneer has the right to reject any raise of bid not commensurate with the value of the item being offered. Berner's reserves the right to establish a stated minimum bid, the right to reject or accept any or all bids, or the right to withdraw items from the auction before completion of the auction. The seller of the property may not withdraw lots without confirmation from Berner's. If the seller requires a minimum bid, it must be stated in writing on this contract and approved by Berner's. Berner's reserves the right to keep the merchandise until after the completion of the sale and to charge the seller commission and/or compensation for unsold lots. No reserve will be higher than the stated low estimate.

STORAGE/PICK UP
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. 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. Removal deadlines are strictly enforced.

SHIPPING
Berner's works closely with a local UPS store. It is the buyer's responsibility to pay all fees associated with shipping, insurance and handling.

LIABILITY
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.

SALES TAX
All sales are subject to Ohio and Clark County sales tax of 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.

FIREARMS
Berner's Auction Gallery follows all Federal Firearms Regulations.

ACCEPTANCE OF TERMS OF SALE
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.
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.

LICENSE
The auctioneer is licensed and regulated by The Ohio Department of Agriculture - Auction Division.

AUCTIONEERS:
Jacob A. Berner
James A. Berner
Licensed & bonded in the State of Ohio

Buyer's Premium

21% Buyer's premium on all credit card purchases, 18 % if paid by cash or check. 5% Fee for online winning bids.

Payment

After the auction in order to process the payment for your auction purchase, we will need the following information:
Credit card, expiration date, security number & billing address zip code.
If you prefer to pay by cash, check or money order, please e-mail us or we will charge your purchase to the credit card on file.

Contract Information

Placing a bid is a legal contract. Once a bid is placed, you cannot retract it.

Grading: Grading is subjective. We make every attempt to point out relevant flaws and we provide large photographs online. You may also inspect lots in person prior to the close of the auction (by appointment only). We do not guarantee that our grades will conform to the standards of 3rd party authenticators (TPA's). Furthermore, we are not bound by the opinions of any authenticators, grading services, or "experts". All measurements given in the descriptions are approximate.

Trading cards: Any card that is graded in the auction will be graded by PSA, SGC or BGS/BVG no exceptions. There are no returns on graded cards. Any trading card or card related item that is not graded is viewable on our website, in person, and through detailed descriptions. Please review this before bidding as there are no returns unless an ungraded item has an error in description (which is NOT defined as a difference of opinion on a grade).

Autographed items: If an item is not first party authenticated (such as Major League Baseball) we will offer items certified by PSA/DNA or JSA authenticated from consignors. Whenever possible, especially for modern items, we try to get first person authenticators such as MLB authentication, the athlete themselves, or well known companies that contract with the athlete and witness each autograph. Returns on autographed items are accepted within 30 days of close of auction on items that are NOT certified by either PSA/DNA, JSA, MLB Auth or first party authenticated items (Steiner, UDA, Mounted Memories, Tri Star, etc) ONLY if such item does not pass authentication of PSA/DNA and we are provided with such written notice. Items purchased with a PSA/DNA, JSA LOA, or certified by MLB, UDA, Steiner, etc are non refundable.

Game Used items: We strive to offer product that is direct from an athlete, team, or league and comes with their certification as to game use. For other products, our primary Third Party Authenticator (TPA) is MEARS for jerseys and PSA/DNA for bats. Returns of game used items that are MEARS certified, PSA/DNA certified, JTSPORTS certified, or certified by a league, team or athlete themselves are NOT permitted. Returns are only accepted on a game used item that is NOT certified by MEARS, PSA/DNA, JT Sports, athlete , team or league ONLY if such item does not meet standard of 'authentic' by MEARS and we are provided with such written notice within 30 days of your receiving the product.

Framed items: While we make every effort to protect the frames included in these lots during the auction while the item is in our possession and in shipping, we cannot be responsible for damage to framed items that may occur. If something was damaged in shipping we will help you with any claim with the shipping company. Framed items are NON returnable due to frame damage, please keep this in mind when bidding on a 'framed item'. You are welcome to request a frame be removed from your item prior to shipping if you are the winning bidder. There will be NO EXCEPTIONS to this policy.

Except as listed above, all sales are final with no returns permitted.

CONSIGNOR BIDDING AND or SHILL BIDDING are strictly prohibited. Bid manipulation of any kind is expressly forbidden. A consignor is prohibited from placing bids or arranging to have bids placed on his behalf. No shill bidding is allowed. Shill bidding is any bid(s) placed by a person or persons to drive up the final price paid and realized without intent to actually take ownership of the lot. Please note that it is a violation of law to make bids in a false name or with an invalid payment method, even if our software initially accepts such a bid. Fraudulent bidders will be prosecuted to the fullest extent of the law.

Goldin Auctions reserves the right to accept or reject any or all bids by any bidder.

Errors and descriptions. Goldin Auctions reserves the right to remove an item from our auction at any time. Any error in a Goldin Auctions listing or lot description, whether typographical, photographic or technical, will be dealt with at our discretion. The website will always have the most detailed and up to the minute descriptions on all items, as it can constantly be updated and is not limited to the space within a catalog. Please be sure to check the website for the most detailed descriptions and product images. The website may be updated during the auction to provide additional images, LOA's or product information. If there is an error in description that a winning bidder believes has occured, they MUST CONTACT US WITHIN 14 DAYS OF RECEIVING PRODUCT to discuss. If we are contacted after 14 days, even in the event of a description error, the bidder shall have no recourse.

Ownership of Items: Some of the Items being offered for sale may be owned by Goldin Auctions ("the Company") or its employees. In addition, the Company may advance funds to a consignor prior to the auction.

Non Payment of Item/s: If a winning bidder does not honor his or her bid with payment in full per the auction rules, then it is agreed that Goldin Auctions, may, at its sole discretion, sell the lots to the under bidder or offer the lots again in a future sale. The original winning bidder is responsible for any losses incurred or service charges involved in the resale of those lots, and that the non-paying winning bidder explicitly agrees to pay any and all reasonable legal fees incurred by Goldin Auctions in the collection of these losses if necessary. In addition, non paying bidders understand that Goldin Auctions may, at its discretion, share their information with other auction houses or print it in the next catalog.

Exclusive Dispute Resolution Process: All claims, disputes or controversies in connection with, relating to and/or arising out of your participation in the auction (whether as a consignor, bidder or otherwise) including any purchaser of any item, any description of an item, any damage to an item whether asserted in contract, tort, or under any Federal or State statute or regulation shall be exclusively heard and decided by arbitration conducted by and under the rules of the American Arbitration Association. The location for all such arbitrations shall be in Cherry Hill, New Jersey. The arbitrator's award may be enforced in any court of competent jurisdiction. The fees and costs of the arbitration shall be split by the parties and each party shall be responsible for their own attorney's costs. This Agreement and any claim shall be determined and construed under the laws of the State of New Jersey. In the event that any matter including actions to compel arbitration, construe the agreement, actions in aid of arbitration or otherwise needs to be litigated, such litigation shall be exclusively in the Federal or State courts located in Camden County, New Jersey, and if necessary the corresponding appellate courts. For such actions, the consignor, bidder, successful purchaser, or Auction participant also expressly submits himself to the personal jurisdiction of the State of New Jersey.

Placing a bid is acceptance of these terms. Our business, our integrity, and our auction process are of the utmost importance to us! We appreciate your cooperation, participation and your guarantee to follow our auction rules as set forth for all bidders and consignors! We wish you much luck and the highest level of enjoyment and success throughout the auction process! The collector has always been, will always be, and in the future will always continue to be the driving force of the collectibles marketplace and for that we thank you in advance for your participation!

Condition Information

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.

Payment Information

Shipping Information

SHIPPING
Berner's Auction Gallery does not handle any shipping in house.
We work closely with UPS Store #3844. They will give quotes, pick up merchandise at our gallery, and handle issues associated with shipping directly with the buyer. Of course you can choose any shipper of your choice. A list of shippers we have previously worked with is available on our website at: http://berners.com/buying/ship.htm
Preferred Shipper: Local UPS Store #3844, e-mail: [email protected]

Taxes on your purchase

SALES TAX
All sales are subject to Ohio and Clark County sales tax of 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.