Conditions of Sale
Terms & Conditions
PAYMENT
21% Buyer's premium on all credit card purchases, 18 % if paid by cash or check. Cash only for rugs. 3% 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. 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 3% 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 3 business days 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 Auction Gallery will ship a limited quantity of small items via USPS, FedEx or UPS. 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, insurance and handling. Estimates are available contact us at [email protected].
Preferred Shipper: Local UPS Store #3844
e-mail: [email protected]
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.
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. 3% 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 within 2 business days to let us know, or we will charge your purchase to the credit card on file.
Contract Information
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
PAYMENT - It is the buyer's responsibility to contact Berner's Auction Gallery via telephone 937-325-9925 or email at [email protected] to arrange payment. Berner's Auction Gallery will email an invoice to you within 24 hours 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 2 business days 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. We reserve the right to require bank checks or certified checks for large purchases.
Shipping Information
Berner's Auction Gallery does not ship in house. However we work closely with a locas UPS store. Their contact information is listed below. It is the buyer's responsibility to pay all fees associated with shipping and packing.
Preferred Shipper: Local UPS Store #3844
e-mail: [email protected]
For a list of recommended shippers, please go to: http://berners.com/absenteebids/ship.htm
Taxes on your purchase
All sales are subject to Ohio and Clark County sales tax of 7.25%, 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.
