(831) 335-9000

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BIDDING TERMS


Conditions Of Sale


These Conditions of Sale are applicable to every purchase at Robert Slawinski Auctioneers, Inc. Please read carefully. By registering to bid at auction, in person, or through an agent, by absentee bid, or telephone or any other means including the Internet and e-mail, you agree to be bound by these Conditions of Sale (and changes made as noted below.) All property and every lot for sale in our catalogue is offered subject to the following terms and conditions, along with any changes that may be published or announced prior to or during a sale by Robert Slawinski Auctioneers, Inc. The terms "us," "we," or "our" as used herein all refer to Robert Slawinski Auctioneers, Inc. Unless otherwise indicated in the catalogue or at time of sale, Robert Slawinski Auctioneers, Inc. acts at all times solely as the agent for the seller. All sales shall be deemed to occur in California regardless whether by telephone, mail or through the Internet or the physical location of the buyer. 


Definitions

  1. Hammer price: The highest bid received for a lot upon the fall of the auctioneer's hammer.
  2. Buyer's premium: The amount paid by the buyer as a percentage of the hammer price and in addition thereto.
  3. Purchase price: The aggregate of the hammer, buyer's premium and applicable taxes or other fees, if any, as may be required by law.
  4. Reserve: The minimum price at which the lot may be sold.
  5. Buyer: The person or entity who buys property at auction or private sale.
  6. Consignor: The seller, or the seller's representative, on behalf of whom we are selling the Property.
  7. Lot: The single item or group of items offered by us for sale.
  8. Property: The item or items comprising an auction lot being offered for sale. 


Be a Part of the Auction. You can participate in our auction in 3 ways, come and attend, leave an absentee bid, or bid by telephone. If you can not attend, but wish to bid on an item please call us at (831) 335-9000. We can provide you with condition reports, estimates, and set up absentee or phone bids. The following Terms and Conditions apply to absentee and phone bids.

TERMS AND CONDITIONS OF SALE


The terms and Conditions of Auction purchases ("Sale") are outlined here and are to be adhered to for any and all Sales made through Robert Slawinski Auctioneers, Inc. ("Auctioneer"). This includes sales completed in person, online, or absentee/phone bid. All sales will be completed at the discretion of the Auctioneer and the Auctioneer reserves the right to cancel any sales and deny future transactions with any customer ("Buyer") if these terms are not met.

BEFORE THE SALE 


All Buyers are strongly advised to inspect all items before auction as all items are sold AS-IS. Although Auctioneer makes every effort to express accurate descriptions and commentary given to Buyers online, in Auctioneer's catalogue, marketing material or verbal interactions, Auctioneer makes no guarantee or warranty of any kind with respect to the physical condition, size, quality, rarity, medium and materials, age, authenticity, provenance, culture, source, or historic significance of any goods. Employees, consigners, or any other representative of Robert Slawinski Auctioneers, Inc. are not authorized to provide written or verbal guarantees. Buyers must depend on their own review of the merchandise. Buyers are cautioned to purchase sight-unseen at their own discretion. All merchandise is sold as is, regardless of condition, or additional review of merchandise gained after the sale. ALL SALES ARE FINAL.

Absentee Bids are accepted at the Auctioneer's discretion. Phone bids are accepted at the Auctioneer's discretion. Buyers registering for phone or absentee bids must do so before 6 p.m. the day prior to the auction. Auctioneer will not be held responsible if they are unable to reach those wishing to bid by phone. Auctioneer shall not be held responsible or liable for absentee bids that are missed or otherwise not executed.

Online Bids are accepted at the Auctioneer's discretion through LiveAuctioneers.com. If registering to bid online via LiveAuctioneers.com, all Buyers are subject to approval by Auctioneers before registration is finalized. Only those who submit for registration (48) hours prior to auction date will be guaranteed consideration for registration. All those submitting less than 48 hours before the start of an auction are only approved based on the discretion of the Auctioneer. Bidder Approval Forms required to be completed for online bidding consideration can be found on Auctioneer's website: www.slawinski.com. Auctioneer and its employees shall not be held liable for any damages or accidents to person or property sustained as a result from handling, lifting, moving, loading, or packaging of merchandise before or after the sale.

DURING THE SALE 


The auctioneer is acting as agent only to the sale and is not responsible for any actions of their consignors. This auction is being conducted in pursuant to section 2328 of the commercial code, 535 of the penalty code and all provisions of the auction license act. In accordance to the California state law, all items are subject to a confidential reserve unless otherwise stated. Auctioneer reserves the right to withdraw any lots from the sale and to deny Buyer's participation during a sale for any reason. Auctioneer reserves the right to reject any bid or eject any person from the Auctioneer's premises. Auctioneer's decision during or after a sale if a dispute arises will be final and undisputed. All information regarding merchandise is subject to clarification, changes or disclaimer at the time of the sale and will be sold based on Auctioneer's verbal or written information at time of sale.If bidding online, Buyer is advised that all submitted bids are final and binding regardless of Buyer's input errors. Auctioneer does not accept liability for technology, website or internet failure, or unforeseen circumstances that may influence the execution of online bids.

PAYMENT


All sales are final regardless of method of bidding or payment options. Full payment includes hammer price, buyer's premium and all applicable taxes. Auctioneer does not accept PayPal.  For total purchases of $500.00 and under, the auction house will accept credit card payments provided over the phone, email, or fax. Auctioneer may, at their discretion, hold merchandise until check or wired funds clear bank account. If payment is not received within 5 business days, Auctioneer reserves the right to cancel sale and resell merchandise at a public or private sale. Failure to provide payment will result in revoking the Buyer's right to participate in future sales with Auctioneer. 

Payment options and terms for each type of auction participation is outline below.

On-Site Bids: All sales are subject to a 20% buyer's premium. Full payment must be made in full the day of the sale. Payment terms are cash, approved check, or Visa/MasterCard. In some cases Auctioneer may require a money order, cashier's check or bank wire.

Absentee and Phone: All sales are subject to a 20% buyer's premium. Full payment must be made within (5) business days of sale. Payment terms are check, money order, cashier's check or bank wire transfer. Auctioneer may require a bank wire in some cases. 

Online Bids: All purchases are subject to an 23% Buyers Premium. Full payment must be made within (5) business days of sale. Payment terms are check, money order, cashier's check or bank wire transfer. All successful online Buyers will receive an emailed invoice within (24) hours of the end of a sale. If Buyer fails to provide cleared funds within five business days of the sale, they will receive a negative feedback report associated with their LiveAuctioneers.com profile and will receive a no-issuance of registration from future sales. 

International Payment: Any Buyer submitting payment outside the U.S. (regardless of method of bidding) must be done by bank wire transfer. A bank transfer is only completed after Auctioneer has received the FULL amount due according to the Buyer's invoice. All fees, exchange rates or other administrative fees should be taken into account while initiating the wire transfer. All sales and money transfers are conducted in USD currency. No foreign checks are accepted. Auctioneer does not accept PayPal or credit card payments provided over the phone, email, or fax. Auctioneer may, at their discretion, hold merchandise until funds clear. 

Taxes: State and local taxes (9%) are applied to all merchandise collected by Buyer or Buyer's representative regardless of Buyer's location unless Buyer presents to Auctioneer a current resale number or is picked up by a common carrier for delivery out of California.

STORAGE


Immediate removal of purchased merchandise is requested when payment is received, and shall be done at the expense, liability and risk of the Buyer. All arrangements for removal will be at the convenience of Auctioneer. Failure to remove merchandise immediately after completion of payment within the five business days following sale completion will be subject to storage fees of $5.00 per day per item, and will result in forfeit of Auctioneer's liability of the condition of the merchandise. After (30) days items shall be considered abandoned. Auctioneer shall apply any deposit to loss, damages, and expense incurred in the resale of merchandise not paid for in full or removed in the time specified and shall retain any balance as liquidated damages.

SHIPPING


Buyers are responsible for all aspects of shipping including all packing, shipping, and customs fees should it be required. Auctioneer is able to provide quote for in-house shipping costs and methods to Buyer after ascertaining if merchandise is appropriate for Auctioneer to ship. Auctioneer reserves the right to deny their service of shipping for any reason and it remains the Buyer's responsibility to arrange their shipping. If Buyer is required to, or elects to arrange for their own shipment of merchandise, any and all liability of the Auctioneer is relinquished after (30) days past the sale date regardless of time item was paid for or how and/or when it was shipped. Auctioneer can provide a list of recommended independent shippers upon request, but does not accept responsibility of any agreements reached between Buyer and shippers, or any resulting loss, damage or delay resulting in the use of the shipper. 

SALE of SPECIFIC and/or RESTRICTED GOODS


No Guarantee of Authenticity for Jade:
Robert Slawinski Auctioneers, inc. CANNOT GUARANTEE the authenticity of the COLOR, AGE, or QUALITY of any jade items sold. Jade can be bleached and dyed among other techniques. All Jade will be sold AS-IS, without any warranties. All sales are final in Jade purchases, NO RETURNS will be accepted. Judgment of such qualities is the sole discretion of the Buyer.

No Guarantee of Authenticity for Chinese Paintings:
Robert Slawinski Auctioneers, Inc. CANNOT GUARANTEE any aspect of the Chinese Paintings sold including authenticity, origin, age, quality, medium or provenance. However, a return may be permitted if within (10) days after receiving the purchased item (as recorded by their shipping tracking number provided by shipping company) if the Buyer can provide sufficient evidence to Robert Slawinski Auctioneers, Inc. that the item is not authentic. If Robert Slawinski Auctioneers, Inc. is satisfied with the information presented by the Buyer, and the item remains in the same condition as when it was sold, the Buyer will have (7) days to return the item for a full refund of the purchase price, shipping costs excluded.

Endangered Species and CITES Permits:
Robert Slawinski Auctioneers, Inc. adheres to the California and Federal laws pertaining to the sale of items containing endangered or protected species, and WILL NOT ACCEPT LIABILITY of items that may include any material such as ivory, rhinoceros horn, tortoise shell, coral, endangered woods, and whalebone. In the event an item is found to contain any amount of these products, it is the SOLE RESPONSIBILITY OF THE BUYER to perform their due diligence and acknowledge any laws and regulations that apply to purchasing, importation and exportation laws. 


GLOSSARY of ART TERMS


The following are examples of terms used in Robert Slawinski Auctioneers' catalogue. Please note that all statements and terms are subject to our TERMS AMD CONDITIONS OF SALE. Robert Slawinski Auctioneers, Inc. and the consignor make no warranties with respect to authorship, medium, size, condition, or other attribute of any items. ALL STATEMENTS ARE TO THE BEST OF OUR KNOWLEDGE. 

Artist or Maker: This indicates that the work is, in our best judgment by the named artist or maker. No unqualified statement as to authorship is made or intended.

‚ÄčAttributed to (Artist or Maker): In our best judgment, probably the work of the name artist or maker, but less certainty than the preceding category

Bearing the Signature, (Artist or Maker): Although the work is apparently signed by the named artist or maker, no claim to authenticity is implied.

Style of (Artist or Maker); Manner of (Artist or Maker); or After (Artist or Maker): all of these terms indicate that the work resembles the named artist or maker, may bear their signature, but in our best judgment is not by the named artist.