Terms and Conditions
By submitting your bid, you agree that:
You agree to pay a Buyer's premium of a total of 25% plus any applicable taxes, shipping and administration fees. This amount will be included in your invoice issued by JG Autographs, Inc. after the conclusion of the auction. We accept credit cards, checks, money orders, and Paypal payments for any winning online bidders at all sales. We require credit card information to bid, and will charge your card on file for your invoice total if payment is not received within 5 days of the close of our auction. SALES TAX: JG Autographs, Inc. is required to charge the appropriate sales tax for items won if you reside in the following states: MA.
The property described in this catalogue, as amended by any posted notices or oral announcements during the sale, will be sold by JG Autographs, Inc. (JG) or as agent for various owners (the Consignors). These CONDITIONS OF SALE, and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalog are the complete and only terms and conditions on which all property is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these Conditions of Sale.
1. The authenticity of property listed in this catalog is warranted to the extent stated in the "Limited Warranty" except as provided therein. All property is sold "as is" and neither JG nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of value. No statement (oral or written) in the catalog, at the sale or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.
2. All bids are to be per lot as numbered in the catalog.
3. Neither JG nor the consignor makes any representation that the purchase of manuscript material, photographs, prints, or works of art will acquire any copyright or reproduction rights thereto.
4. JG reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.
5. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.
6. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, JG sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.
7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of 25% of the hammer price, plus all applicable shipping fees and all applicable sales tax.
8. At the conclusion of the auction, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immediately assumes full risk and responsibility therefor, (b) will immediately sign a confirmation of the purchase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to JG and the Consignor by law (including without limitation the right to hold the purchaser liable for the bid price), JG, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and JG commission at its regular rates and all other charges due hereunder. JG may also impose late charges of 1.5% per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid.
9. Under no circumstances may the Consignor bid upon or buy back his property.
10. Except as may be otherwise expressly provided herein, any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to JG within thirty (30) days of the date of sale.
11. The rights and obligations of the parties shall be governed by the laws of the State of Massachusetts. All bidders and the purchaser submit to the personal jurisdiction of the Massachusetts State courts and their rules and procedures in the event of any dispute.
12. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty, the estimates, or any other matter in this catalogue or any other matter whatever (whether made by the auctioneer, or Consignor, or any representative of JG) shall be effective unless it is in writing and signed by a representative of JG.
14. The "Limited Warranty" appearing below and the "Advice to Prospective Bidders" appearing below form part of these conditions of sale.
We warrant the authenticity and condition of each lot cataloged herein on the terms and conditions set forth below.
1. Unless otherwise indicated in the respective catalog descriptions (which are subject to amendment by oral or written notices or announcements made by JG prior to sale), we warrant the authenticity of each lot cataloged herein. (Please note Paragraphs 3 and 5 below.)
2. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified.
3. Lots described as "sold as is," or "sold not subject to return," are sold as is and therefore not covered by these warranties.
4. (a) The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law.
(b) In the event that a buyer claims that an item is not authentic, JG shall have no obligation to rescind the sale unless the buyer has obtained, at the buyer's expense, the opinion of two recognized experts in the field, who are mutually agreeable to JG and the buyer, that a lot or portion thereof is not authentic.
ADVICE TO PROSPECTIVE BIDDERS
1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, AND TERMS OF WARRANTY PRINTED IN THE CATALOGUE.
2. INSPECTION OF PROPERTY. Prospective bidders or their agents should inspect property prior to the auction. JG staff are available to advise prospective bidders at all pre-sale exhibitions and by appointment.
3. BUYER'S PREMIUM. The purchase price payable on any lot purchased will be the total of the final bid plus the 25% Buyer's Premium as defined in paragraph 7 of the Conditions of Sale, plus all applicable sales taxes and all applicable shipping fees.
4. SALES TAX. All items purchased are subject to payment of the Massachusetts State sales tax of 6.25% on the total purchase price (final bid plus the Buyer's Premium as defined in paragraph 7 of the Conditions of Sale) unless the purchaser presents proof of exemption therefrom. An exempt purchaser must provide a properly completed Massachusetts Resale Certificate (Form ST-4) evidencing possession of a valid Massachusetts Resale or, for non-Massachusetts State businesses, the equivalent resale authorization from another locale. Purchases will not be released unless all sales tax requirements are satisfied. Purchases shipped outside of Massachusetts are not subject to sales tax.
5. BIDDING INCREMENTS. $5 up to $100; $10 to $500; $25 to $1000; $50 to $2,500; $100 to $5,000; $250 to $10,000; $1,000 to $50,000; $2,500 to $75,000; $5,000 to $100,000; $10,000 for any bid over $100,000. However, the auctioneer may modify the increments at any time.
6. RESERVES. All lots are subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will never be higher than the low estimate. JG may execute bids consecutively or otherwise up to one bid increment below the reserve. These bids can be executed at the time of the auction or prior to the auction using a house account and entering the bids on any of the platforms we use.
7. ESTIMATES. The estimates provided are intended as a guide to bidding. The figures are educated guesses, based on recent values. A bid between the listed figures would, in our opinion, have a chance of success (at the time the catalog was prepared). The estimates are exclusive of the buyer's premium and may be revised at any time prior to the auction.
8. BIDDING. All persons who register for the auction will obtain a bidding number prior to bidding. During timed and live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: bid.jg.limited, www.liveauctioneers.com, and www.invaluable.com. JG is not responsible or liable for any problems, delays, or any other issues or problems resulting from the use of the Internet generally or specifically, including but not limited to transmission, execution, or processing of bids.
9. ABSENTEE AND MAXIMUM BIDS. Bids will be executed by JG on the bidder's behalf in competition with other absentee and maximum bids and bidding through our online platforms. Every effort will be made to carry out the bidder's instructions, but JG shall in no event be responsible for failing correctly to carry out instructions, and JG reserves the right to decline to undertake such bids.
10. SHIPMENT. JG offers in-house shipping on all orders. JG will facilitate the shipping of purchases at an additional charge for packing, postage and insurance, but will not be responsible for any loss, damage or delay resulting from the packing, handling and shipping thereof. Unless specific instructions are received, JG is the sole judge of the method to be used for shipment. Packing and shipping costs will be noted on the invoice mailed to successful bidders after the sale, and are based on the actual costs involved. Be advised that a full commercial invoice must accompany any purchase shipped outside the US.
11. PRICES REALIZED. A list of prices realized is published on our website bid.jg.limited at the conclusion of the sale.
12. CREDIT. Bidders whose credit is unknown to JG should submit acceptable credit references or make prior arrangements for payment, failing which purchases will not be released until funds have cleared.
13. LOTS NOT RETURNABLE. Paragraph 3 of the Limited Warranty describes lots which are sold as is and not returnable.