Julien’s Auctions guarantees the authenticity of
Attribution of property listed in the catalogue or online as
stated in the Terms 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 correctness of 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
auctions to inspect the property before bidding to determine
its condition, size, and to determine if it has been repaired
or restored.
A buyer’s premium will be added to the successful bid
price and 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 $50,000 and higher, and a 25% Buyer’s
Premium on all individual lots of $0 – $49,999 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 I am responsible to pay Julien’s
Auctions the aggregate of the hammer price and the Buyer’s
Premium 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
registration for 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: Julien’s Auctions will invoice only for
the property (including buyer’s premium). Payments for
winning lots should be made to Julien’s Auctions, P.O. Box
691789, West Hollywood, California 90069. We accept
wire transfer, cashiers check or personal check, American
Express, MasterCard and Visa. California and New York
residents will be charged sales tax.
Shipping: All shipping has been contracted by Rockin
Boxes Global (RBG), for hereon referred to as RBG. All
property will be shipped by RBG out of Los Angeles,
California, United States. RBG takes Visa, Mastercard and
Check. RBG does not accept wire transfers or American
Express. Please allow 2–4 weeks for a shipping quote after
receipt of your proof of payment from Julien’s for your lot(s),
and 2–12 weeks from receipt of payment for delivery of each
lot dependent on the destination and mode of shipment. RBG
will not ship USPS. There will be no exceptions. Timescales
and charges can be discussed with RBG prior to the sale.
Each lot to be sent fully insured. RBG will not claim a lower
value on a lot to avoid customs on international shipments.
The buyer is responsible for all fees including duties, taxes,
VAT, customs and other charges for lots shipped. RBG is not
responsible if there is a delay in customs. All property must
be shipped at the winning bidder’s expense. After the buyer
has paid for their item(s) through Julien’s, they must contact
RBG at 877-420-0212 or Email: [email protected] to
pay and coordinate shipping. Paid items may be picked
up in Los Angeles after the auction at RBG by contacting
a RBG associate at the above phone number and/or email
to coordinate. Pickup will be available free of charge for
up thirty days after the close of the auction. Thirty days
after the close of the auction, pickup fees will be $45.00
for up to three lots, $10.00 for each additional lot. After 12
weeks, a $8.00 per day fee PER LOT will be assessed by
RBG to cover storage and Insurance for items not picked up.
This fee also applies to items that will be shipped by RBG.
On all local deliveries (within 15 miles) RBG will charge
$55.00 per hour (for one man delivery) $90.00 per hour
(for two man delivery) with a 2 hour minimum per job, to
be coordinated with RBG. There is no insurance available
for local deliveries. The buyer agrees that Julien’s Auctions
will not be responsible for shipping of the property after the
auction and the buyer will deal directly with RBG in Los
Angeles. All items purchased, as well as the cost of shipping
such items, must be paid in full prior to the release and/or
shipment of such items to the Buyer.
Bids will not be accepted from those persons under
the age of eighteen (18) without written consent of said
persons parent or 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 live and online for Julien’s Auctions. Any person
registering for the auction in person or online will complete
a registration or bid sheet.
All items are offered subject to a reserve. The reserve
is the confidential minimum price acceptable to the
Consignor. During a live auction the auctioneer may open
any lot by bidding on behalf of the Consignor and may
bid up to the amount of the reserve, by placing successive
or consecutive bids for a lot or bids in response to other
bidders. Online sales may do the same by employing the
use of a starting bid which will commence bidding at or
below the reserve price agreed to by the Consignor.
Julien’s reserves the right to withdraw any property
before the sale and will have no liability for doing so.
We reserve the right to accept or decline any bid. Bids
must be for an entire lot and each lot constitutes a separate
sale. All bids are per lot unless otherwise announced at a
live sale by the auctioneer. Live auction lots will be sold
in their numbered sequence unless the Auctioneer directs
otherwise. It is unlawful and illegal for Bidders to collude,
pool, or agree with another Bidder to pay less than the fair
value for lot(s). Bidders participating in both live and online
auctions acknowledge that the law provides for substantial
penalties in the form of treble damages and attorneys’ fees
and costs for those who violate these provisions. For live
auctions the auctioneer will have final discretion in the
event that any dispute should arise between bidders. The
auctioneer will determine the successful bidder, cancel the
sale, or re-offer and resell the lot or lots in dispute. Julien’s
will have final discretion to resolve 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 telephone bids as a courtesy to clients who
are unable to attend the live auctions. Therefore we take
no responsibility for any errors 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 lot will pass to the highest bidder acknowledged by
the auctioneer, and such bidder thereupon (a) assumes full
risk and responsibility (including without limitation, liability
for or damage to frames or glass covering prints, paintings,
photos, or other works), and (b) will immediately pay the full
purchase price or such part as we may require. In addition
to other remedies available to us by law, we reserve the right
to impose from the date of sale a late charge of 1 1⁄2% per
month of the total purchase price if payment is not made in
accordance with the conditions set forth herein. All property
must be removed from either our premises by the purchaser
at his expense not later than 10 business days following its
sale and if it is not so removed, (i) a handling charge of
1% of the total purchase price per month from the tenth
day after the sale until its removal will be payable to us by
the purchaser, with a minimum of 5% of the total purchase
price for any property not so removed within 60 days after
the sale, and (ii) we may send the purchased property to a
public warehouse for the account, at the risk and expense
of the purchaser.
If any applicable conditions herein are not complied
with the purchaser will be in default and in addition to any
and all other remedies available to us and the Consignor
by law, including, without limitation, the right to hold the
purchaser liable for the total purchase price, including all
fees, charges and expenses more fully set forth herein, we,
at our option, may (a) cancel the sale of that, or any other
lots sold to the defaulting purchaser at the same or any
other auction, retaining as liquidated damages all payments
made by the purchaser, or (b) resell the purchased property,
whether at public auction or by private sale, or (c) effect
any combination thereof. In any case, the purchaser will be
liable for any deficiency, any and all costs, handling charges,
late charges, expenses of both sales, 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 of sale then due or thereafter
becoming due to the purchaser from us or any affiliated
company, or any payment made by the purchaser to us or
any affiliated company, where or not intended to reduce
the purchaser’s obligations with respect to the unpaid lot or
lots, to the deficiency and any other amounts due to us or
any affiliated companies. In addition, a defaulting purchaser
will be deemed to have granted and assigned to us and
our affiliated companies, a continuing security interest of
first priority in any property or money of our owing to such
purchaser in our possession or in the possession of any of
our affiliated companies, and we may retain and apply such
property or money as collateral security for the obligations
due to us or to any affiliated company of ours. Payment will
not be deemed to have been made in full until we have
collected good funds. In the event the purchaser fails to pay
any or all of the total purchase price for any lot and Julien’s
elects to pay the Consignor any portion of the sale proceeds,
the purchaser acknowledges that Julien’s shall have all of
the rights of the Consignor to pursue the purchaser for any
amounts paid to the Consignor, whether at law, in equity, or
under these Conditions of Sale.
Under no circumstance will Julien’s incur liability to a
purchaser in excess of the purchase price actually paid.
The terms and conditions of sale herein described shall
be enforced in accordance with, and governed by the laws
of the State of California. Bidder acknowledges and agrees
that the courts of the State of California shall have exclusive
jurisdiction over any dispute(s). Bidder (in person, by agent,
order bid, telephone, internet or by other means) agrees
that any dispute arising shall be litigated exclusively in the
courts of the State of California. Further, venue shall be in
the Superior Court of Los Angeles County, in the state of
California.
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
the Bold Type Heading of a lot in a live auction catalogue
or the lot Title of an online auction, as amended by any
oral or written salesroom notices and announcements or
online notices and announcements. We make no warranties
to information not contained in an online lot heading or
information not contained in the Bold Type Heading of any
live auction catalogue subject to the exclusions listed below.
Julien’s warrants the “Attribution”, as defined above and
subject to the exclusions listed below, of a lot for a period
of five years from the date of sale and only to the original
purchaser on record at the auction. If it is determined to
our satisfaction that the “Attribution” is incorrect, the
sale will be rescinded if the lot is returned to the Julien’s
Auctions warehouse facility in the same condition in which
it was at the time of sale. In order to satisfy Julien’s that the
“Attribution” of a lot is indeed incorrect we reserve the
right to require the purchaser to obtain, at the purchaser’s
expense, the opinion of two experts in the field, mutually
acceptable to Julien’s and the purchaser, before we agree
to rescind the sale under the warranty. This warranty is
not assignable and applies only to the original purchaser
on record with Julien’s. This warranty does not transfer to
any subsequent owners of any purchased property (this
includes without limitation, heirs, successors, beneficiaries
or assigns).
Should a sale be rescinded and the purchase price paid
(final successful bid price, plus the buyer’s premium), it
is specifically understood that this will be considered the
sole remedy. It is exclusive and in lieu of any other remedy
available as a matter 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
accordance with the then generally accepted opinion of
scholars and specialists, or the identification of periods
or dates of execution which may be proven inaccurate by
means of scientific processes not generally accepted for
use until after publication of the catalogue or listing online,
or which were unreasonably expensive or impractical to
employ.