TERMS AND CONDITIONS OF SALE
These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with XCNTRIC Auctions ("Online Bidding"). By registering to participate in a XCNTRIC auction sale (a "Sale") via Online Bidding, you expressly agree to these terms and conditions.
References in this document to "XCNTRIC Auctions", "we" or "us" mean XCNTRIC Auctions company that is conducting the relevant Sale and any successors and assigns thereto. References herein to "you" and "your" mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service
By bidding at auction you agree to be bound by these terms for this and all future XCNTRIC Auctions. All bids are final and binding.
XCNTRIC Auctions Online Auctions are timed events and all bidding will close at a specified time. XCNTRIC Auctions Online Auctions also has an auto extend feature. If a bid is placed in the final 5 minutes of an auction, the close of the auction will be automatically extended 5 minutes from the time the bid was placed. Example: if an auction is scheduled to close at 6:00 and receives a bid at 5:59, the close time will automatically extend to 6:05. The auto extend feature remains active until no further bids are received within a 5 minute time frame.
Refresh your screen constantly during the closing minutes of the bidding or simply click the live catalog to bid in real time.
CONDITIONS OF SALE:
The property described in this catalog will be offered at online auction by XCNTRIC Auctions as an agent for various consignors (Sellers), under the following “Conditions of Sale” together with the “Procedures for Bidding + Payment” and “Collection and Delivery” sections in this catalog. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms for this and all future XCNTRIC auctions.
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older.
XCNTRIC Auctions has the right, at our complete discretion, to refuse admission or participation in any auction and to reject any bid.
A potential buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references in addition to a deposit or a hold of funds on a registered credit card.
When making a bid, the bidder accepts personal liability to pay the purchase price, including Buyer’s Premium and all applicable charges.
Every attempt has been made to describe all property as accurately as possible. However, XCNTRIC Auctions and Seller do not warrant or represent, and deny responsibility for, the accuracy of catalog descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated in the catalog. Any and all statements made relating to the property in the catalog or contained in advertisements or promotional materials are merely statements of opinion and can at no time be construed as warranties or representations of fact or assumptions of any liability on the part of XCNTRIC Auctions or Seller.
The Buyer accepts all purchases “as is.”
- Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. XCNTRIC Auctions shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.
- The term “final bid” as used herein shall refer to the price at which any lot is knocked down to the Buyer. The purchase price due from the Buyer, shall be the aggregate of the final bid and a buyer’s premium rate of 20% up to and including $500.00. 15% of $501.00 up to and including $2500.00. 10% in excess of $2501.00 together with any applicable sales or use tax. The complete purchase price will be due upon receipt of the invoice. If payment in good cleared funds is not received within 14 days of the purchase and the BUYER has not contacted XCNTRIC to discuss payment, XCNTRIC Auctions reserves the right to relist the item(s) and block any future bidding with the BUYER. No property will be released to the Buyer until XCNTRIC receives payment in full for all open invoices, including any applicable state and local taxes which XCNTRIC Auctions may be required by law to collect.
- If the buyer fails to make payment in full in good cleared funds within the time required by above, they will be in default and we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to any other rights or remedies available to us by law):
- a) to cancel the sale;
b) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
c) to resell the property publicly or privately on such terms as we see fit;
d) to reject at any future auction bids made by or on behalf of the buyer, or to obtain a deposit from the buyer before accepting any bids;
e) to charge any credit card on file for the invoice balance including any late charges.
XCNTRIC Auctions Shipping Policy is as follows:
XCNTRIC Auctions and shipping costs will be included in buyer invoice. XCNTRIC will ship items within 7 business days of buyers payment and will include insurance if necessary. Insurance costs will be included in final invoice. We will let you know when your items shipped and provide tracking information. Although we don’t guarantee an arrival date, most items arrive within 7-10 days from ship date.
Buyers bear all the risk of items arrival. Once XCNTRIC receives a DELIVERED confirmation this acts as Delivery Complete. XCNTRIC Auctions shall not, under any circumstances, be liable for the loss, theft or damage to the property. Buyers have the right to ask for a signature confirmation for an additional charge.
XCNTRIC Auctions reserves the right to amend the description of any lot by means of an announcement or notice in the description and to withdraw any lot at any time.
Unless otherwise indicated, it may be that a reserve or confidential minimum selling price has been established on certain items. Should bidding not meet the reserve price, XCNTRIC Auctions may enforce the reserve by bidding on behalf of the Seller.
The highest bidder accepted by the auctioneer shall be the Buyer, who will assume full risk and responsibility of the lot upon the fall of the auctioneer’s gavel. The auctioneer may refuse any bid and advance the bidding at his or her discretion. If, during the auction, the auctioneer considers that any dispute has arisen between any bidders, such dispute will be resolved by the auctioneer. The auctioneer may determine to put up any lot for rebidding at any time during the auction. In the event of any dispute during or after the auction, the records of the auctioneer will be conclusive, and the decision of XCNTRIC Auctions will be final and binding on all parties.
The rights and obligations of all parties shall be governed by the laws of the State of Illinois.
Procedures for Bidding & Payment
Conditions of Sale
Bidders are strongly encouraged to read the Conditions of Sale contained in this catalog that state the terms governing the purchase of all property sold at auction. By bidding at auction, you agree to be bound by these “Procedures for Bidding & Payment” as well as the “Conditions of Sale.”
Bidders attending the auction will be required to register for a bidding prior to the auction. We strongly encourage new bidders to pre-register with us at least 24 hours prior to the auction. Credit card verification is for account set up only. Every bidder’s credit card will be debited then immediately credited $.01 in order to verify funds.
Live Online Bidding
Live online bidding is available at auction.xcntricauctions.com and through our free app for your phone and tablet. Bidders are requested to register in advance of the auction to avoid any delays in the approval process. The registration process will be followed as per the above paragraph under “Bidder Registration.”
The Bidder acknowledges and agrees to buyer’s premium rate of 20% up to and including $500.00. 15% of $501.00 up to and including $2500.00. 10% in excess of $2501.00 together with any applicable sales or use tax will be added to the hammer price on all individual lots sold.
Invoices are emailed to successful bidders at the conclusion of the auction. Payment is due upon receipt of the invoice. When using a credit card to make a payment for a purchase, the purchaser irrevocably waives any chargeback rights they may have under their card holder agreement or otherwise. You agree to pay all Buyer Costs immediately following XCNTRIC Auctions acceptance of the Purchase Price Bid unless other arrangements have been approved by XCNTRIC in advance. If XCNTRIC approves of such other arrangement for payment, XCNTRIC may at its discretion require you to make a nonrefundable down payment on Buyer Costs. All payments must be made in US Dollars, in any of the following acceptable forms of payment:
- Visa, MasterCard or American Express.
XCNTRIC reserves the right to charge and collect an additional 2% of payments made by credit card.
We are required by law to collect the appropriate state and local taxes from purchasers, unless the purchase is deemed to be non-taxable.
COLLECTION AND DELIVERY
PICK UP: Each lot will include whether the items are to be pick up only or can be shipped. Buyer is responsible for collection (pick up only) of purchased lots from the facility that the items are located. Arrangements to be made in accordance with the lot that was purchased. Any item not removed within the allotted time of pick up will be deemed abandoned unless agreed to and other arrangements were made between XCNTRIC Auctions and the winning bidder.
SHIPPING: Shipped items are the responsibility of XCNTRIC Auctions and shipping costs will be included in buyer invoice. XCNTRIC will ship items within 5 days of buyers payment and will include insurance if necessary. Insurance costs will be included in the final invoice. Any item not paid within 10 days of auctions end, you understand and agree that your credit card will be charged and items will be shipped. We will let you know when your items shipped and provide tracking information. Although we don’t guarantee an arrival date, most items arrive within 7-10 days from ship date.
Buyers bear all the risk of items arrival. Once XCNTRIC receives a DELIVERED confirmation this acts as Delivery Complete. XCNTRIC Auctions shall not, under any circumstances, be liable for the loss, theft or damage to the property. Buyers have the right to ask for a signature confirmation for an additional charge
LIABILITY Condition Reports – XCNTRIC Auctions is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Any and all of the conditions may be waived or modified in the sole discretion of XCNTRIC Auctions.