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 listed 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, PO Box 691789, W. Hollywood, CA 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: Buyer pays all shipping costs. If winning bidders are unable to pick up their guitar(s) on the evening of the auction they are responsible to pay for all shipping or delivery costs. Shipping will be handled by Craters and Freighters of Cleveland Ohio. The buyer is responsible for all fees including duties, taxes and other charges for lots shipped. Craters and Freighters will not claim a lower value on a lot to avoid customs on international shipments. AFTER THE BUYER HAS PAID JULIEN’S AUCTIONS for their lots won, they must contact Patty Hrabik at 216-749-3390 or by email [email protected] to coordinate pick up, shipping or delivery. Paid items may be picked up with proper ID AFTER COORDINATING WITH CRATER’S AND FREIGHTERS at 1277 East Schaaf Road Cleveland, Ohio 44131 (approximately 10 minutes from the Rock & Roll Hall of Fame). Items picked up in person will be assessed a $45 pick up fee. Shipped items and local delivery charges vary and will be determined by Craters and Freighters. After 10 business days from the auction an $8.00 per day fee will be accessed by Craters and Freighters to cover storage and insurance of the guitars. For packing and shipping estimates contact Crater’s and Freighter at 888-272-8311.
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 ½% 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.