THESE TERMS AND CONDITIONS OF SALE are made by and between Bonaventure Auctions LLC ("We”, "Us”, “Our”) and Bidder (“You”, “Buyer”, “Purchaser”, “Agent”, "Client"). By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions. Bonaventure Auctions LLC reserves the right to make amendments to these terms and conditions by posting notices or making announcements and by any announcements made by auctioneer on day of the auction which supersedes any previously made or posted announcements or amendments.
The lots listed in the catalogue will be offered by Bonaventure Auctions LLC as owner or agent for the consignor(s) and are subject to the following terms and conditions. By bidding at an auction, you agree to be bound by these Conditions of Sale.
REFUSAL OF ADMISSION
Bonaventure Auctions LLC reserves the right, at their total discretion, to refuse admission to the premises, to participate in any auction, and to reject any bid.
Prospective buyers are strongly advised to personally examine and inspect the property in which they are interested before the auction takes place. Condition reports are often available upon request. All lots are sold “AS IS, WHERE IS” and without recourse. All measurements and weights are approximate. Bonaventure Auctions LLC expressly reserves the right to reproduce any image of the lots sold in the catalogue.
WARRANTIES AND LIABILITY
Neither Bonaventure Auctions LLC nor it's consignor(s) makes any expressed or implied warranty or representation of any kind with respect to fitness for purpose, accuracy of the catalogue regarding description of the physical condition, size, quality, importance, medium, material, genuineness, rarity, attribution, period, culture, source, origin, provenance, exhibitions, literature, or historical relevance or significance of any lot sold. The absence of any reference to condition does not imply a lot is in perfect condition or free from wear and tear, imperfections, or the effects of aging. No statement whether written or oral, whether made in the catalogue, an advertisement, bill of sale, salesroom posting, remarks of the auctioneer, or otherwise, shall be deemed as a warranty, representation, or assumption of liability. Additionally, Bonaventure Auctions LLC nor its consignor(s) makes no warranty or representation, expressed or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Except when required by law, any warranties of any kind are excluded by this paragraph.
Auctioneer's Discretion: The auctioneer has the right, at his or her sole discretion, to refuse any bid, to advance bidding in such a manner as he or she decides, to withdraw any lot, and in the case of error or dispute whether during the auction or afterwards, to determine the successful bidder, to continue the bidding, to cancel the sale, or to resell the lot in dispute.
***BIDDING AND PAYMENT ON SELECT AUCTIONS MAY ONLY BE MADE ON AND THROUGH LIVEAUCTIONEERS.COM. IN THESE AUCTIONS, IN-HOUSE ABSENTEE AND PHONE BIDDING MAY NOT BE POSSIBLE, AND PAYMENTS CAN ONLY BE MADE THROUGH LIVEAUCTIONEERS***
FOR ALL OTHER AUCTIONS:
All prospective buyers must complete and sign a registration form and provide identification before bidding. Banking and/or other financial references may also be requested. When placing a bid, the bidder accepts personal liability to pay the purchase price including buyer's premium, any applicable taxes, and any other applicable charges.
If the bidder is acting as agent on behalf of a third party, the said third party must be identified by and acceptable to Bonaventure Auctions LLC, and the said agency must be agreed upon in writing by Bonaventure Auctions LLC before the beginning of the auction, for Bonaventure Auctions LLC to then look to the principal for payment.
Absentee Bids: Bonaventure Auctions LLC will use reasonable efforts to carry out written bids given prior to the auction for the convenience of clients who are unable to be present at the auction, be represented by an agent, or by telephone. All bids must be placed in US dollars (USD). If written bids are received on a particular lot for identical amounts, and these are the highest bids on the lot during the auction, the lot will be sold to the bidder whose bid was received and accepted first.
Written Bids: Execution of written bids is a complimentary service undertaken by Bonaventure Auctions LLC. If there are other commitments at the time of auction rendering Bonaventure Auctions LLC unable to execute a written bid, Bonaventure Auctions LLC denies liability for failing to execute a written bid or for errors and/or omissions in connection with the absentee bid.
Telephone Bids: Lots with a low estimate of $1000 or greater may be eligible for bidding via telephone if a bidder arranges with Bonaventure Auctions LLC by the end of business the day before the auction takes place. No telephone bids will be registered the day of the auction. Bonaventure Auctions LLC will use reasonable efforts to contact the bidder during the auction and denies liability for failure to do so. Bonaventure Auctions LLC also denies liability for errors and/or omissions or technical issues in connection with bidding via telephone. Telephone bids may be recorded at the discretion of Bonaventure Auctions LLC.
Online Bids: Online bidding is only through advertised third-party software. Bonaventure Auctions LLC does not accept liability for equipment failure, inability to access the internet, or software malfunctions related to the execution of online bidding. The auctioneer may occasionally experience internet and/or server service outages. Bidders unable to place bids through the Internet are directed to contact the online platform's customer service.
Some lots in the catalogue are subject to a reserve price, which is a confidential minimum price below which said lot shall not be sold. Reserve prices are agreed upon between the consignor(s) and Bonaventure Auctions LLC and are at the absolute discretion of Bonaventure Auctions LLC. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots offered without reserve, unless there are already competing bids, the auctioneer at his/her discretion may open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may lower the bidding amount at his/her discretion until a bid is recognized and then continue from that amount to determine the successful bidder.
In addition to the hammer price, the successful bidder agrees to pay Bonaventure Auctions LLC a buyer's premium and any applicable sales tax per lot purchased. The buyer's premium for all lots purchased through Bonaventure Auctions LLC with an in-house paddle number is an additional twenty percent (20%) of the hammer price. For all lots purchased through live online bidding platforms, there will be a buyer's premium of twenty-three percent (25%) added to the hammer price.
The buyer must pay the entire amount due (including hammer price, buyer's premium, and any other applicable taxes or charges) no later than close of business on the third (3rd) business day following the close of the auction. Bonaventure reserves the right to hold merchandise until the funds have cleared the banking institution.
ACCEPTED PAYMENT METHODS
Bonaventure Auctions LLC accepts wire transfers in addition to cash, money orders, certified checks, Visa, Mastercard, American Express, and Discover for domestic purchases for invoices totaling under $5,000. All credit card transactions will incur a 3% processing fee. Credit card payments are subject to a $5,000 limit. Federal law requires that we report payments above $10,000 made by cash or certain other cash equivalents, such as money orders. At our discretion, new bidders may be required to pay a deposit to receive approval to bid. At the auctioneer's discretion, certain lots may be required to be paid for by wire transfer only. Combination payment methods are not accepted.
International Clients: At our discretion, international bidders may be required to pay a deposit to receive approval to bid. Credit card transactions will not be accepted for international clients. International (non-domestic United States) bidders will be required to pay by wire transfer. Wire transfer fees will be incurred by the buyer.
TAX AND TAX EXEMPTIONS
Lots purchased may be subject to taxes and/or fees. The purchaser is responsible for paying all foreign imposed taxes such as VAT, GST, etc., prior to delivery unless other arrangements have been made in writing and prior to the commencement of the auction. Lots delivered to the winning bidder or their representative are subject to all applicable state and local taxes unless appropriate permits are on file with Bonaventure Auctions LLC. Should state sales tax become applicable, the bidder agrees to pay all state sales tax as required by the delivery state. The bidder agrees to pay Bonaventure Auctions LLC the actual amount of tax due if sales tax is not properly collected due to an expired, inaccurate, or invalid tax certification, or due to an inaccurate representation of the applicable statute. Any applicable forms or certificates must be on file with Bonaventure Auctions LLC in the form of a hard copy prior to the auction, or tax must be paid to receive won merchandise. No refunds of taxes paid will be made after a sale is completed. Some lots in the catalogue may be tax exempt as permitted by law. Please check with Bonaventure Auctions LLC prior to the auction for the tax exemption status of a lot.
Bonaventure Auctions LLC does not provide shipping or packing services. Clients may pick up their items, upon request and after payment has cleared, or must make their own shipping arrangements. It is suggested that a shipping quote is requested from a third-party shipping company prior to the day of the auction. Bonaventure Auctions LLC does not recommend a specific shipper, but among others, local shippers for small items include:
* UPS Store 1206, email@example.com, (912) 353-7500
* UPS Store 1355, firstname.lastname@example.org, (912) 233-7807
For larger items:
Plycon (national) 888-655-2664
Bonaventure Auctions LLC assumes no liability whatsoever for the acts or omissions of carriers or packers whether recommended by Bonaventure Auctions LLC or not. Property will not be released to a shipper or packers without the purchaser's written consent and not until payment has been made in full. Bonaventure Auctions LLC will assume no liability of loss or damage to items during handling or packing.
Failure to Collect Purchases: It shall be the responsibility of the purchaser to arrange pickup or shipping within seven (7) business days of the auction. If property is not collected within seven (7) business days following the sale, regardless of payment being made, Bonaventure Auctions LLC reserves the right to charge twenty-five dollars ($25) per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Bonaventure Auctions LLC shall not be held liable for any damage to property left on premises longer than seven (7) business days following the sale. Lots which are not removed from Bonaventure Auctions LLC within thirty (30) days of the auction are subject to forfeiture. Property paid in full but remaining on the premises for any reason for more than sixty (60) calendar days may be offered for sale at Bonaventure Auction LLC’s absolute discretion to recover any past due storage or moving fees including a twenty percent (20%) seller's commission.
Purchased Lots: If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, incorrectly delivered, or lost prior to delivery, Bonaventure Auctions LLC shall not be liable for any amount more than that amount paid by the purchaser.
If Bonaventure Auctions LLC does not receive payment in full and in good standing within five (5) business days of the close of auction date, Bonaventure Auctions LLC is entitled at its absolute discretion to exercise one or more of the following measures, in addition to any actions available by law:
1) to impose a late charge of one and a half percent (1.5%) of the total purchase price, including buyer's premium, per thirty (30) days;
2) to hold the defaulting purchaser liable for the amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent of the law;
3) to cancel the sale;
4) to resell the property publicly or privately under such terms found appropriate by Bonaventure Auctions LLC;
5) to deny any future participation at auction from the purchaser; and/or
6) to take any further actions deemed necessary by Bonaventure Auctions LLC.
The rights and obligations of all parties with respect to these conditions of sale, the conduct of the auction, and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in the State of Georgia. If any part of these conditions is found by any court to be invalid, illegal, or unenforceable, that part shall be discounted, and the remainder of the conditions shall continue to be valid to the fullest extent of the law.
Any and all of the foregoing terms and conditions may be waived or modified at the sole discretion of Bonaventure Auctions LLC.