Julien's Auctions guarantees the authenticity of Attribution of property listed in the catalogue or online as stated in theTerms of Guarantee. Except for the Limited Warranty contained in the terms of guarantee all property is sold “As Is”.We make no warranties, nor does the consignor, as to the merchantability or fitness for a particular purpose, the correctnessof the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance,exhibitions, literature or historical relevance of any property. No oral or written statements made in the catalogue,online listing, advertisement, bill of sale, and announcement or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty.We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights of any property. We and the Consignor are not responsible for errors and omissions in the catalogue, online listings or any other supplemental material.
It is the responsibility of prospective bidders of live and online auctions to inspect the property before bidding to determine itscondition, size, and to determine if it has been repaired restored and/or to request a condition report. Please email [email protected] for a condition report. Requests for condition reports should be received 48 hours prior to the beginning of auction to allow sufficient time for a response.
A buyer's premium will be added to the successful bid priceand is payable by the purchaser as part of the total purchase price. I acknowledge and agree that a 20% Buyer's Premium will be added to the hammer price on individual lots $100,000 and higher, and a 25% Buyer's Premium on all individual lots of $0 - $99,999 which I am the successful bidder. In addition, there will be an additional 3% buyer's premium charged for any lots won online. This is regardless of affiliation with any group or organization. I further acknowledge that Iam responsible to pay Julien's Auctions the aggregate of the hammer price and the Buyer's Premium, plus sales tax if applicable,for such lot(s). All invoices must be paid within 10 calendar days after the close of the auction. I authorize Julien's Auctions to charge my credit card provided at registrationfor all items purchased at this auction, and any future Julien's Auctions I may participate in, if not paid in full within 10 calendar days after the close of the auction.
Payments: Checks should be made to payable to Julien's Auctions, 3327 La Cienega Place, Los Angeles, CA 90016.Julien's Auctions will invoice only for the property (including buyer's premium and any applicable sales tax). We accept wire transfer, cashiers check or personal check, MasterCard and Visa. Auction items picked up in California and all California and New York residents will be charged sales tax. Processing fees for credit card payments may apply. Invoices under $5,000 will be charged automatically to the credit card on file unless prior arrangements are made.
Shipping: Shipping for all items has been contracted by ArtPack Inc. Invoices must be paid in full prior to shipping. Afterthe buyer has paid for their item(s) through Julien’s, they mustcontact Art Pack Inc. to coordinate shipping. All shipping inquiries can be directed to Art Pack Inc. at [email protected] or by phone at (800) 388-5250. Art Pack Inc.accepts payment by check bank wire, Visa, Mastercard, Discoverand American Express. The buyer is responsible tomake contact regarding any concerns or shipping related questions. Please allow 2-12 weeks for the delivery of yourproperty depending on the size of the auction, the receiver’sdestination, or the mode of transportation. All auction propertyis shipped at the bidder’s expense.
Courtesy to all Julien’s Auctions clients, 30 days free pick up, and storage is offered.
After 30 days, we charge 8.00 per lot, per day, unlessprior arrangements are made. Julien’s and Art Pack Inc. will not falsify or claim a lower value on custom’s documents. Julien’s and Art Pack Inc. is not responsible if there is any delay in customs. Julien’s and Art Pack Inc. is not responsiblefor returned shipments. The buyer is responsible for all feesincluding duties, taxes, VAT, customs, and other unforeseencharges. The buyer agrees that Julien’s Auctions will not be responsible for shipping of the property after the auction and they will deal directly with Art Pack Inc.
Bids will not be accepted from those persons under the ageof eighteen (18) without written consent of said persons parentor legal guardian. Written consent must acknowledge the terms and conditions of sale. This written consent constitutes an agreement to be bound thereby on behalf of the bidder.
Bidder registration is required for all persons wishing to bid for Julien's Auctions. Any person registering to bid by phone,absentee, or in person will complete a Bidder Registration Form. Online bidders will submit a completed form through julienslive.com.
All items are offered subject to a reserve. The reserve is theconfidential minimum price acceptable to the Consignor. During a live auction the auctioneer may open any lot by biddingon behalf of the Consignor and may bid up to the amount ofthe reserve, by placing successive or consecutive bids for alot or bids in response to other bidders. Online sales may dothe same by employing the use of a starting bid which willcommence bidding at or below the reserve price agreed toby the Consignor.
Julien's reserves the right to withdraw any property beforethe completion of the sale and will have no liability for doingso.
We reserve the right to accept or decline any bid. Bids mustbe for an entire lot and each lot constitutes a separate sale.All bids are per lot unless otherwise announced at a live saleby the auctioneer. Live auction lots will be sold in their numberedsequence unless the Auctioneer directs otherwise. It isunlawful and illegal for Bidders to collude, pool, or agree withanother Bidder to pay less than the fair value for lot(s). Biddersparticipating in both live and online auctions acknowledgethat the law provides for substantial penalties in theform of treble damages and attorneys' fees and costs forthose who violate these provisions. For live auctions the auctioneerwill have final discretion in the event that any disputeshould arise between bidders. The auctioneer will determinethe successful bidder, cancel the sale, or re-offer and resellthe lot or lots in dispute. Julien's will have final discretion toresolve any disputes arising after the sale and in online auctions.If any dispute arises our sale record is conclusive.Julien's will execute order or absentee bids, and accept telephonebids as a courtesy to clients who are unable to attendthe live auctions. Therefore we take no responsibility for anyerrors or omissions in connection with this service.
Subject to fulfillment of all of the conditions set forth herein,on the fall of the auctioneer's hammer, title to the offered lotwill pass to the highest bidder acknowledged by the auctioneer,and such bidder thereupon (a) assumes full risk and responsibility(including without limitation, liability for ordamage to frames or glass covering prints, paintings, photos,or other works), and (b) will immediately pay the full purchaseprice or such part as we may require. In addition to otherremedies available to us by law, we reserve the right to imposefrom the date of sale a late charge of 1 ½% per monthof the total purchase price if payment is not made in accordancewith the conditions set forth herein. All property mustbe removed from either our premises by the purchaser at hisexpense not later than 10 business days following its sale andif it is not so removed, (i) a handling charge of 1% of the totalpurchase price per month from the tenth day after the saleuntil its removal will be payable to us by the purchaser, witha minimum of 5% of the total purchase price for any propertynot so removed within 60 days after the sale, and (ii) we maysend the purchased property to a public warehouse for theaccount, at the risk and expense of the purchaser.
If any applicable conditions herein are not complied with thepurchaser will be in default and in addition to any and all otherremedies available to us and the Consignor by law, including,without limitation, the right to hold the purchaser liable for thetotal purchase price, including all fees, charges and expensesmore fully set forth herein, we, at our option, may (a) cancelthe sale of that, or any other lots sold to the defaulting purchaserat the same or any other auction, retaining as liquidateddamages all payments made by the purchaser, or (b)resell the purchased property, whether at public auction orby private sale, or (c) effect any combination thereof. In anycase, the purchaser will be liable for any deficiency, any andall costs, handling charges, late charges, expenses of bothsales, our commissions on both sales at our regular rates,legal fees and expenses, collection fees and incidental damages.We may, in our sole discretion, apply any proceeds ofsale then due or thereafter becoming due to the purchaserfrom us or any affiliated company, or any payment made bythe purchaser to us or any affiliated company, where or notintended to reduce the purchaser's obligations with respectto the unpaid lot or lots, to the deficiency and any otheramounts due to us or any affiliated companies. In addition, adefaulting purchaser will be deemed to have granted and assignedto us and our affiliated companies, a continuing securityinterest of first priority in any property or money of ourowing to such purchaser in our possession or in the possessionof any of our affiliated companies, and we may retainand apply such property or money as collateral security forthe obligations due to us or to any affiliated company of ours.Payment will not be deemed to have been made in full untilwe have collected good funds. In the event the purchaserfails to pay any or all of the total purchase price for any lotand Julien's elects to pay the Consignor any portion of thesale proceeds, the purchaser acknowledges that Julien'sshall have all of the rights of the Consignor to pursue the purchaserfor any amounts paid to the Consignor, whether atlaw, in equity, or under these Conditions of Sale.
Under no circumstance will Julien's incur liability to a purchaserin excess of the purchase price actually paid.
The terms and conditions of sale herein described shall beenforced in accordance with, and governed by the laws ofthe State of California.Any claim or controversy arising out of or relating to the Auction,the Bidder Registration Form or any breach thereof betweenthe registered bidder and Julien’s shall be submittedto arbitration in Los Angeles County, California before an arbitratorfrom the Judicial Arbitration and Mediation Services,Inc. (“JAMS”) and conducted under its Comprehensive ArbitrationRules, as the exclusive remedy for such claim or controversy.Both parties further agree that the arbitration shallbe conducted before a single JAMS arbitrator who is a retiredCalifornia or federal judge or justice. By agreeing to arbitrate,the parties waive any right they have to a court or jury trial.The decision of the arbitrator shall be final and binding. Theparties further agree that, upon application of the prevailingparty, any Judge of the Superior Court of the State of California,for the County of Los Angeles, may enter a judgmentbased on the final arbitration award issued by the JAMS arbitrator,and the parties expressly agree to submit to the jurisdictionof this Court for such a purpose. The prevailingparty shall be entitled to recover the party’s attorneys’ feesand costs incurred in connection with the arbitration.
TERMS OF GUARANTEE
“Attribution” is defined by Julien's as the creator, period, culture,source of origin, as the case may be as set forth in theBold Type Heading of a lot in a live auction catalogue or thelot Title of an online auction, as amended by any oral or writtensalesroom notices and announcements or online noticesand announcements. We make no warranties to informationnot contained in an online lot heading or information not containedin the Bold Type Heading of any live auction cataloguesubject to the exclusions listed below.
Julien's warrants the “Attribution”, as defined above and subjectto the exclusions listed below, of a lot for a period of fiveyears from the date of sale and only to the original purchaseron record at the auction. If it is determined to our satisfactionthat the “Attribution” is incorrect, the sale will be rescinded ifthe lot is returned to the Julien's Auctions warehouse facilityin the same condition in which it was at the time of sale. Inorder to satisfy Julien's that the “Attribution” of a lot is indeedincorrect we reserve the right to require the purchaser to obtain,at the purchaser's expense, the opinion of two expertsin the field, mutually acceptable to Julien's and the purchaser,before we agree to rescind the sale under the warranty. Thiswarranty is not assignable and applies only to the originalpurchaser on record with Julien's. This warranty does nottransfer to any subsequent owners of any purchased property(this includes without limitation, heirs, successors, beneficiariesor assigns).
Should a sale be rescinded and the purchase price paid (finalsuccessful bid price, plus the buyer's premium), it is specificallyunderstood that this will be considered the sole remedy.It is exclusive and in lieu of any other remedy available as amatter of law, or in equity.
Exclusions will be made and this warranty does not apply to“Attribution” which on the date of sale was in accordancewith the then generally accepted opinion of scholars and specialists,or the identification of periods or dates of executionwhich may be proven inaccurate by means of scientificprocesses not generally accepted for use until after publicationof the catalogue or listing online, or which were unreasonablyexpensive or impractical to employ.