CONDITIONS OF SALE
The following Conditions of Sale constitute the terms and conditions on which property listed in the catalog shall be offered for sale or sold by Luxe Auctioneers, Inc. (“Luxe”), and any consignor of such property for whom Luxe acts as an agent. By registering to bid, bidding, or in any other way participating in this sale, you agree to be bound by these terms and conditions.
1. BIDDER REGITRATION. Prospective bidders for an auction must submit a completed bidder registration form as well as any other requested information or references to Luxe. New bidders and bidders who have not recently updated their registration information must pre-register to bid at least 24 hours prior to the commencement of the auction. Bidders seeking to complete registration within 24 hours of the auction are approved at the discretion of Luxe as time and resources permit. Individuals may be required to provide government-issued proof of identity, billing address, and a valid credit card number. Submission of a credit card number authorizes Luxe and its merchant processor to verify the validity of the credit card and billing address by placing a temporary authorization hold on the card that will remain until it falls off, usually within 2 to 7 days. Bidders may be requested to provide financial references and/or a deposit before Luxe may approve their bidder registration. In the event a deposit is submitted, and the bidder is unsuccessful in buying at the auction, their deposit will be returned to them. If the bidder is successful in buying at the auction, any such deposit will be credited to offset the appropriate portion of the purchase price. Luxe reserves the right to request further information, including but not limited to source of funds, in order to complete bidder identification and registration procedures (including the completion of anti-money laundering and/or anti-terrorism financing checks). Luxe may, in its sole discretion, decline to register any bidder or reject any bid or cancel any sale to such bidder. Every bidder is assumed to be acting as a principal unless, prior to the start of the auction, there is a written acceptance by Luxe of a bidder registration form completed and signed by the principal which clearly states that the named authorized bidding agent is acting on behalf of this principal. Without this written acceptance by Luxe, any person placing a bid as an agent on behalf of another (whether or not such person has disclosed that fact or the identity of the principal) may be jointly and severally liable with the principal under any contract resulting from the acceptance of a bid. Every bidder is responsible for any use of their assigned paddle or bidding account, regardless of the circumstances.
2. LAWFUL BIDDING. By registering to bid, bidding, or otherwise participating in the auction, you represent and warrant that (a) neither you nor the principal for which you are acting as agent nor the entity you represent are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which they do business as well as under the laws and regulations of the United States.
3. BIDDING SERVICES. In order to bid live in the saleroom, you must first register and acquire a bidding paddle at least thirty (30) minutes before commencement of the auction. As a service to our clients and subject to these Conditions of Sale, we offer several other options to bid. Luxe will not be responsible for any error, omission, or failure in providing these services. To engage in bidding by telephone, you must give at least twenty-four (24) hours notice prior to the auction to arrange a phone bid. The ability to bid by telephone with less notice is solely at the discretion of Luxe. Bidding by telephone is acceptable for lots only if Luxe staff is available to take such bids. At the discretion of Luxe, telephone bids may be recorded. Absentee bidding requires the completion of a written Absentee Bidding Form, obtainable in advance of the auction by Luxe staff, via email or facsimile, or buy downloading from www.luxeauctioneers.com. Properly completed Absentee Bidding Forms must be received by Luxe at least twenty-four (24) hours before commencement of the auction. Within 24 hours, Luxe may accept such bids at its sole discretion as time and resources permit. We will endeavor to execute written bids at the lowest possible price consistent with any reserve. If you submit a written bid on a lot that does not have a reserve and there is no higher bid than yours, we will bid on your behalf at approximately fifty percent (50%) of the low estimate or, if lower, the amount of your bid. The first written bid we receive of those for identical amounts will be given priority over subsequent bids. Bidding live online during the streaming of the auction is another service provided via our bidding platform at www.LuxeAuctioneers.com or via third-party bidding sites.
4. LOT DESCRIPTIONS AND CONDITION REPORTS. All lots are offered and sold “AS IS” in the condition that they are in at the time of the auction, and Luxe makes no representation nor warranty and assumes no liability of any kind as to the condition of any lot. Lot descriptions and condition reports, where available, are for guidance purposes only. Images of the lot also form part of the condition report provided by Luxe. References to condition in a catalog description, condition report, or otherwise made by Luxe shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation. Similarly, lot images may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. Luxe recommends and invites all interested bidders to view the lots in person at public preview days or by appointment during business hours at the relevant Luxe location for the auction. No statement, whether written or oral, and whether described in the catalog, in an advertisement, invoice, during the live auction, or otherwise, shall be deemed to create any warranty, representation or assumption of liability.
5. COPYRIGHT. The copyright in all images, descriptions, illustrations, and other written material depicted in the auction catalog, advertisements, web site or other promotion of the property offered at auction or sale by Luxe is, and shall remain at all times, the property of Luxe. Prior written consent is required for any use of such material by anyone including the purchaser of the property.
6. LIVE AUCTIONS. Live auctions by Luxe will feature an appointed auctioneer who may accept bids from previously accepted absentee bids left by bidders with Luxe before the auction, bidders on the telephone during the auction as pre-arranged with Luxe staff, bidders present at the auction in the saleroom, and bidders online. Registered bidders may bid via Luxe’s proprietary bidding platform or other third party bidding platforms. Starting bids usually begin below the lot’s low estimate and increase by preset bidding increments. However, the auctioneer has sole discretion at determining the starting bid, deviating from the bidding increments, reopening the bidding of any lot after the hammer has fallen or rejecting a previously accepted bid. It is additionally at the full discretion of the auctioneer as to whether to admit or reject the presence of any participant at the auction, to acknowledge, accept or reject the bid of any bidder at any time, to advance bidding, to withdraw, divide or combine any lots at any time. If there is a reserve on a lot, the auctioneer has the right to bid on behalf of the seller up to one bidding increment before the reserve being met and will not identify such bids as being made on behalf of the seller. If there are no bids on a lot, the lot may be declared unsold. Notwithstanding the forgoing, the highest bid accepted by the auctioneer will be the successful bid and purchaser.
7. CONTRACT TO PURCHASE. The contract to sell the lot is formed, subject to the terms of section six (6) herein, between seller and buyer when the highest bid is accepted by the auctioneer and the hammer falls. The hammer price shall be the highest bid accepted by the auctioneer for the lot. Luxe will send out invoices to the winning bidder by email; however, it is the responsibility of the bidder to inquire as to whether or not their bid was successful to avoid potential miscommunication and resulting storage fees. The Buyer’s Premium, payment processing fees, and any applicable sales tax or other duties will be added to the hammer price. Sales tax or other duties will be collected wherever legally required to do so by Luxe. The buyer will receive an invoice for the total amount due for purchases within 24 hours of the sale conclusion. It is understood that the buyer accepts these terms as a condition of bidding. The buyer’s premium is a tiered structure with the first $1,000,000 of the item’s hammer price subject to a straight 25% buyer’s premium. Should the hammer price exceed one million U. S. Dollars, the portion above $1,000,000 up to $5,000,000 will be subject to a 20% buyer’s premium. Hammer prices above five million dollars will have that portion subject to a 12.5% buyer’s premium. Payments by bank wire transfer are preferred in all cases and required for invoices in excess of 5,000 USD unless other arrangements have been made with Luxe. Please contact Luxe for approval for other payment methods. Payment and pick up arrangements for purchases are required within five (5) days of the close of the auction. Property not picked up within 5 days may be subject to storage fees. If payment is not made within 5 days, buyer may be subject to service charges at the rate of 1.5% per month, debt collection, and any legal fees incurred in pursuit of collection of the debt incurred by the contract to purchase described herein. Title to auction purchases is not transferred until payment is made and cleared, where applicable, for the invoiced total due. Luxe has no responsibility nor liability for property once it has been picked up or transferred to third party shippers. Should Luxe be contracted by the purchaser to pack and ship property, title will transfer upon acceptance by the third party shipping company contracted to ship the package.
8. EXPORTATION OF PURCHASES. The buyer agrees to hold Luxe harmless of any and all responsibilities for purchases once the lot has been picked up from Luxe including, but not limited to, import/export duties and interstate shipping of items regulated by laws protecting endangered or protected wildlife species. The purchaser alone is responsible for compliance with any laws or regulations which may govern the export from or import to any countries or areas involved with the transfer of property.
9. BUYER GUARANTEES. The buyer guarantees Luxe that payment funds are not the result of criminal activities of any sort and buyer certifies that they are convicted or currently under inditement for terrorism, money laundering or any other crime.
10. SELLER WARRANTIES. The seller warrants that they have clear title of ownership or permission from the rightful owner to sell and transfer said title free of encumbrances to the buyer. In no case will the seller be liable to the buyer for any losses or other fees above and beyond the price paid in accordance with the invoice for the affected property. The seller makes no other representations nor warranties other than stated herein; and no employee or subcontractor affiliated with Luxe may warrant or represent otherwise. This contract, entered into by registering to bid in the auction, supersedes any additional representations or warranties made at anytime other than the warranties stated herein.
11. BUYER WARRANTIES. The buyer warrants that the funds used for purchases from the seller are not associated in any way with criminal or fraudulent activity. The buyer additionally warrants that they or, if acting as an agent, the parties they represent are not and have not been under investigation nor indictment for illegal activities including terrorism, money laundering, or other crimes.
12. LIABILITY. Services offered for convenience to clients including bidding options are complimentary. Luxe will not be responsible for any failure of these systems or services.
13. LUXE CANNOT 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, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS STATEMENT. MOREOVER, IN NO CASE CAN LUXE BE FOUND LIABLE FOR ANY AMOUNT ABOVE AND BEYOND THE PURCHASE PRICE PAID FOR A LOT.
14. NOTIFICATION. Luxe may record or videotape live auctions and events. By participating, you consent to such recordings as they are optional and online bidding is an alternative. Telephone bidding may also be recorded for training and records.
15. CANCELLATION. Luxe reserves the right to cancel any bid, sale, or purchase at any time. Should unlawful activity be suspected or a concern as to the transaction affecting the liability or reputation of the seller or Luxe, Luxe will likely exercise such a right.
16. ARBITRATION. This contract and its provisions are governed by the law of Florida. In the event the parties are not able to resolve any dispute between them arising out of or concerning the terms of this contract, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction . In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to the sale of lots or any disputes arising as a result of these transactions, whether directly or indirectly, including Tort claims that are a result of this contract. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the this contract.
17. ENFORCEMENT. Should any portion of this contract be deemed unenforceable or invalid by a court of law or regulation, all other unaffected portions shall remain intact and enforceable.