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.
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
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.
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
Participation in any of our auctions implies the unconditional acceptance of these Terms & Conditions.
Art. 1 - The sale is executed strictly in cash, Swiss francs and without guarantee. For administrative purposes, each buyer will be asked to give a proof of his/her identity in order to obtain an invoice at the end of the sale. Invoices can be settled at the end of each auction session. Buyers can settle the invoice via wire transfer, major credit/debit cards or cash. Payments in cash for an amount equal to or more than CHF 100'000 will not be accepted. Personal or company cheques are not accepted.
Art. 2 - No more bids will be accpted after the hammer strike, unless otherwise communicated by the auctioneer. In case of a dispute at the time of the hammer strike, the auctioneer may at his discretion cancel and immediately put the lot back up for sale.
Art. 3 - The auctioneer, at his/her sole option, can: refuse any bid, move the bidding backwards or forwards in any way he/she decides; change the order of the lots, withdraw any lots, divide or combine any two or more lots, reopen or continue the bidding even after the hammer strike. The auctioneer may bid on behalf of the seller up to but not including the amount of the reserve either by making consecutive bids or by making bids in response to other bidders. In the event that the reserve price set by the seller is not reached, the auctioneer may deem such lot unsold and move on to the next lot by a single strike of the hammer.
Art. 4 - The successful bidder agrees to pay a buyer's premium at 20% of the hammer price on all lots purchased. VAT at 8% is charged on the buyer's premium, giving a total of 21.6% on the hammer price. Internet buyers incur an additional 3% internet fee on the buyer's premium plus VAT (Total premium for internet buyers 24.8% inc VAT).
Art. 4a - For foreign buyers, the VAT collected may be refunded upon presentation of duly completed Swiss customs papers. To avoid administrative fees, reimbursement of VAT will only be allowed if the amount of the VAT is superior to 50CHF.
Art. 5 - Bidding must be placed by spoken voice or made by a distinctive sign unequivocally demonstrating the willingness to bid. The auctioneer, at his discretion, can refuse bids from unknown bidders. The minimum amount of an increment is 10%. However, the auctioneer may modify this rate by announcement.
Art. 6 - The viewing period allows the buyer to evaluate personally the condition and authenticity of the objects. Any dispute will not be allowed once the bidding is over. The objects are sold as seen at the time of bidding. To the best of our knowledge, all indications provided in the sale catalogue are correct; however the descriptions are only the expression of a professional opinion and do not constitute a guarantee. The catalogue may mention some damage to a lot without necessarily providing an exhaustive list. If the low estimate is CHF 1'000 or less there will be no mention of the object's condition. Condition reports are available upon request. Photographs, dimensions and weight are for indication only.
Art. 6a - Foreign buyers shall always check the relevant customs laws and regulations before bidding on any lot containing wildlife material such as, but not only: ivory, tortoiseshell, crocodile skin, rhinoceros horn, or whalebone. Hôtel des Ventes pays particular attention to complete its due diligence duties to ensure that all the objects presented in the catalogue comply with our laws and regulations of Cultural Property (CPTA). However, we are under no obligation to cancel your purchase and refund the amount paid if your lot cannot be exported, imported or if seized by a government authority.
Art. 7 - Lots must be collected at the expense and sole risk of the buyer. To avoid delivery errors and complications in invoice settlement, no lot can be collected during the sale. Unless previously agreed, collection is not permitted before full payment of the invoice. Objects may be collected by the buyer according to the "Payment and collection of lots" as outlined at the front of the catalogue.
Art. 8 - Every visitor is responsible for any damages he may cause to any given object in the sale; he may be charged with an amount equal to the average of the object's estimate plus buyer's premium and VAT.
Art. 9 - All absentee bids are executed with care, discretion and offered as a service to our clients. Telephone bids are accepted from buyers already known to Hôtel des Ventes and for lots whose low estimate is or exceeds CHF 400. In the case a telephone bidder cannot be reached due to technical error or other unforseen circumstances, Hôtel des Ventes reserves the right to award the lot to the telephone bidder on his behalf at the price equal to 50% of the high estimate, unless the reserve price is higher. In addition, any telephone bids will be considered de facto as a written bid of CHF 400. These bidding services are offered as a courtesy to our clients and Hôtel des Ventes is not responsible for any error (human or otherwise), omission or breakdown in providing these services. Your request for this service must be made no later than 48 hours prior to the auction. Any cancellation of absentee/phone bids must be submitted in writing at least 24h before the start of the auction concerned. To be accepted, the cancellation must be acknowledged by the Hôtel des Ventes bidding office or the Court baliff overseeing the auction.
Art. 10 - Title of goods therefore any risk passes to the buyer the moment the hammer falls on a lot. However, ownership of a lot can only be assumed after full payment of the invoice. In case of non- payment after three days following the end of the sale, the buyer is liable to judicial prosecution. Cancellation of the sale will ensue after a 30 day period of non payment if instructed by the vendor however, all fees and other charges will still be due by the buyer.
We give no guarantees as to the condition of the frames and glass.
Art. 11 - Hôtel des Ventes reserves the right to refuse admission or participation in any auction or to reject any bids. Any persons obstructing or disrupting the auction will be subject to police sanctions.
Art. 12 - Hôtel des Ventes reserves the right to accept or refuse any credit card payment. The following cards are accepted at no extra fee: Maestro, Postcard and EC-Direct. Payment by other major cards (MasterCard, Visa, PrePaid MasterCard, PrePaid Visa, American Express and UnionPay) will be subject to a 2% administrative fee.
Art. 13 - Hôtel des Ventes may publish, for advertising purposes, photographs of objects sold at auction in its own magazines and/or through other media channels.
Art. 14 - Any dispute concerning the sale is subject to Swiss law and is under the jurisdiction of the Canton of Geneva law courts, regardless of the town or country of residence of the involved parties.
Art. 15 - Unless otherwise specified, storage fees at a minimum of CHF 30 per month and per object will be charged for any lot that has not been collected by the buyer within 8 days following the auction. These lots will be sent into storage at the expense and risk of the buyer. The buyer expressly agrees that the unclaimed lot becomes the property of Hôtel des Ventes and authorises the resale as soon as storage costs exceed the price of the low estimate (in the buyer's case) or the reserve price (in the vendor's case).
NB: unless otherwise stated, the dimensions of paintings and furniture are indicated in centimetres and are written in this order: height x width x depth. Unless otherwise stated, books and watches are measured in millimeters. Carpets are "old" if they are more than 30 years old and "antique" if they are more than 80 years old.
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.
