TERMS AND CONDITIONS OF SALE
1. Livingston's Auction has endeavored to accurately
describe all of the items being auctioned.
However, all property is sold "As Is". Neither the auctioneer, auction staff, nor any
consignor makes any warranties or representations of any kind or nature with
respect to the property, and in no event shall they be responsible for the
correctness, nor deemed to have made any representation or warranty of
descriptions of genuineness, authorship, attribution, provenance, period, culture
source, origin or condition of the property, and no statement, oral or written,
made at the sale or in the catalog, bill of sale or invoice or elsewhere shall
be deemed such a warranty or representation or an assumption of liability. All perspective buyers should personally
inspect or have their agent inspect property before bidding. In no event will our liability to purchaser
exceed the purchase price actually paid.
We encourage all patrons to take advantage of the preview hours
scheduled for the auction for personal inspection of any item they wish to bid
on.
2. The highest
bidder for each lot shall be the buyer.
If any dispute arises as to the bidding or between two (2) bidders, the
auctioneer has the final discretion to determine the successful bidder. The
Auctioneer shall at her/his discretion decide to re-open the bidding or
not.
3. Livingston's Auction accepts absentee bids including
written left bids, telephone bids, and Live Auction internet bids. All absentee
bids will be executed by a staff member competitively during the sale. Although our absentee bidding system is 100%
honest, it is not foolproof. Livingston's Auction is not responsible for failing to
execute any absentee bid or internet bid. Regardless of the amount of the
absentee bid, items will be purchased for the selling hammer price once
competitive bidding has ceased. In the
event of tie bids between absentee bidders or Internet bidders and those in
attendance, preference will be given to the attending bidder. Where two absentee bidders bid the same
amount the first received will be honored.
Should there be a significant change in the condition of the item such
as damage or discovery of a condition problem that a representative of Livingston's Auction deems in the best interest of the
absentee bidder that the bidder would change the bid the bid will NOT be
executed.
4. Arrangements
for Telephone Bids and written Absentee bids must be made prior to the start of
the auction. An Absentee Bid form is available on our website. Call or fax us to place your absentee or telephone
bid. The completed form with your
signature is required before that bid can be entered into our computer system. We require a Credit Card on file to accept
absentee or telephone bids even if you select payment by check.
5. Floor
Bidders: All items must be paid for in
full before removal from the auction site.
Absentee & Internet Bidders: The successful buyer will
be notified by Livingston's Auction within 48
hours after the auction is complete.
Payment MUST be made within 7 days from the date of the auction. Any item left unpaid longer than 7 days after
the auction will be charged a storage fee of $3.00 per lot per day. This charge will be strictly enforced.
Accounts not settled within 30 days of the sale will be subject to forfeiture
of all deposits and loss of title to the property.
6. BUYERS
PREMIUM A buyer's premium of 10% of the
hammer price will be added to the total purchase price of all properties as
part of the total purchase price on any lot sold.
7. Pre-sale
estimates are intended as guides and may not be reflective of actual hammer
price. Some of the items in this auction may be subject to a reserve. The
reserve is a confidential minimum price agreed upon by the consignor and Livingston's Auction & Estate Services Inc.
8. The
auctioneer at his/her discretion may reject any bid not commensurate with the
value of the article offered. Livingston's Auction reserves the right to reject any bid
or withdraw any lot from the sale.
9. We accept
payment for by cash (from floor bidders only), Cashiers Check, Money Order,
Visa, Master Card, Discover, and business or personal check with valid ID and a
credit card. Livingston's Auction reserves the
right to hold merchandise purchased by personal check until the check has
cleared the bank. The purchaser agrees
to pay a handling charge of $30 for any returned check. NO ITEM CAN BE REMOVED FROM THE AUCTION
WITHOUT PAYMENT IN FULL.
10. Buyers are
required to pay local state and city sales tax unless exempted by law. IF
EXEMPT, buyers must file a tax exemption form with Livingston Auction &
Estate Services Inc. before any exemption can be made a copy of the permit must
be attached to the final invoice. Oklahoma
residents will be charged 8.375% or prevailing Tax rate, unless exempt.
11. We will do our
best to take care of your packing and shipping needs. Shipping is charged at cost plus a $10 per
item handling fee. There is a $5.00
additional charge on all shipments outside of the United States. Should you wish to use an outside shipper we
recommend the following: Johnson Crating & Shipping 405-672-7964 & UPS
Store 942-1677. Buyer should be aware
that our staff is limited; there may be a two week waiting period for items to
be packed and shipped depending on the volume of items we agree to ship.
12. Bidding on
any item indicates the bidder's acceptance of the terms and conditions of
Livingston's Auction & Estate Services Inc. as stated either in writing or
announcement at the time of sale, whether bidding in person, through a
representative, by phone, by Internet, or other absentee bid.
Thank you for your interest and participation.
Please contact us at 45-858-1914 if you have any questions.