Birmingham Modern: Dunbar to Diamonds

Terms & Conditions
BRYANT ESTATE SALES, LLC

Terms & Conditions of Sale

Payment
Accepted Payment Methods: Visa, MasterCard, American Express, and Discover
ALL SALES ARE FINAL and Non-Negotiable. Invoices will be emailed within three (3) business days following the auction. It is the responsibility of the Buyer to remit payment and remove their merchandise per the terms of this agreement.
ALL BUYERS: Full payment of invoice is required within 10 business days of first invoice being sent.
Payment Methods:
By placing a bid, bidder has agreed to full responsibility, risk, and liability of Lot, and to remit full payment including hammer price, applicable sales tax, and respective buyer?s premium in the event buyer is acknowledged as highest bidder. ALL BIDS ARE CONSIDERED LEGALLY BINDING AND NON-NEGOTIABLE.
Bryant Estate Sales, LLC accepts cash, direct wire transfers, and credit cards including Visa, MasterCard, American Express, and Discover for most purchases. Bryant Estate Sales, LLC reserves the right to demand payment via secured funds for all NEW and/or INTERNATIONAL buyers. All payments must be made in US Dollars.
LivePayments via LiveAuctioneers:
LiveAuctioneers requires that invoices be sent out directly from their platform. Note that LiveAuctioneers automatically charges your card on file 72 hours after invoices have been sent. Bryant Estate Sales, LLC has no control over this, so please act quickly if you would like to arrange alternative payment. Please note a flat $18 fee for domestic wire transfers and a flat $25 fee for international wire transfers. Credit card payments cannot be processed via phone.
Failure to Pay:
Should Buyer fail to pay the balance of their invoice within 10 business days of invoice being sent, or otherwise comply with these Terms and Conditions, Bryant Estate Sales, LLC shall be entitled to one or more the following remedies: (1) to recover from Buyer all monetary loss arising from the resale of the Lot (including all costs of any resale or attempted resale); (2) to retain any deposit or partial payment paid by Buyer; (3) to recover from Buyer all of its costs and expenses of collection including attorney?s fees of fifteen percent (15%) of the outstanding balance, interest on the outstanding balance of up to 3% per month, and other related costs; (4) all other relief and remedies allowed by law.
Alabama law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be in Jefferson County, Alabama.
NOTE: It is the bidder?s responsibility to ensure that Bryant Estate Sales, LLC is provided with a correct email address for invoice delivery.
Terms & Conditions
AGREEMENT: By registering to participate and bid in this Bryant Estate Sales, LLC auction, Buyer agrees to the Terms and Conditions of Sale as indicated in this Agreement (?Agreement??). In this Agreement, ?we,?? ?us,?? ?our,?? and ?Bryant Estate Sales?? mean Bryant Estate Sales, LLC, an Alabama limited liability company; and ?you,?? ?your,?? ?buyer,?? ?bidder,?? and other similar terms mean the individual or entity bidding on or buying a lot from us at auction via the internet or other online means.
DISCLAIMER: Bryant Estate Sales, LLC reserves the right to refuse individual admission and participation in our auctions, to reject bids at any time, and to withdraw any lot at any time from auction. Auctions may be recorded and stored for security and quality assurance.
1. AGREEMENT
By registering to participate and bid in this Bryant Estate Sales, LLC auction, any buyer or bidder agrees to the Terms and Conditions of Sale as follows: Any bid you submit can and may be the winning bid for a particular lot. Any bid you submit constitutes an offer to buy the lot for the amount of your bid, subject to the terms of this Agreement. If we accept your bid, you become contractually bound to buy the lot in accordance with that bid and this Agreement. All sales are final. You are responsible for satisfying yourself about the condition or any other matter concerning each lot on which you bid. You are advised to carefully review all available photographs, descriptions, and condition reports for any lot on which you intend to bid prior to the auction and/or sale. By bidding on a lot, you hereby represent, warrant and covenant that you have examined the available information regarding the condition of the lot to your satisfaction and have no objections with its condition. All sales are final.
2. REGISTRATION
As a condition of bidding in an auction or sale of one or more lots, we may require you to do all or any of the following: (a) Verify your identity by providing us with a government issued photo identification; (b) Verify your address by providing us with a valid government-issued identification, a utility bill, and/or bank statement; (c) Establish credit and verify your creditworthiness by providing a valid credit card number, credit references and/or an initial deposit, which may include a pre-authorization hold of a portion of the estimate of the lots on which you may bid; (d) Verify you satisfy an age minimum by providing us with age-bearing identification; and (e) Furnish us with such other documents as we may request. We may require you, as a Bidder on a lot with an estimate of $2,000 or more: (a) to provide an initial deposit of a portion of the low estimate; and/or (b) to grant us the right to charge your credit card for all or a portion of the selling price on the date of the auction. Bryant Estate Sales, LLC also reserves the right to process credit card payment if the Buyer fails to pay invoice in full within 10 business days of invoice being sent.
3. WARRANTIES & REPRESENTATIONS
All property is sold AS IS, WHERE-IS, and without recourse, except as expressly stated otherwise in the following paragraph: All information in the catalogue concerning authenticity is guaranteed for a period of thirty (30) days from the date of sale. In that time, Bryant Estate Sales, LLC will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Bryant Estate Sales, LLC and the purchaser, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer?s full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer?s responsibility to make payment in a timely fashion such that the property can be released and inspected within this thirty (30) day time frame. Should the buyer not do so, or should the buyer request Bryant Estate Sales, LLC to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the thirty (30) day warranty shall still apply.
All measurements are approximate.
This Warranty does not cover any description that states there is a conflict of specialist opinion; any description that states (or is bracketed in a section described as) ?as-is?? or ?not guaranteed.??
This Warranty does not cover any description or title using the terms ?Attributed to??, ?Manner of??, ?Style of??, ?School of??, ?Follower of??, or similar.
This Warranty does not cover any typographical errors.
This disclaimer of liability on our part applies whether the information is included in the catalogue, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
4. ONLINE AUCTION
Bryant Estate Sales, LLC conducts online-only auctions through third-party platforms where you can participate and place bids remotely while the auction is live. We exclusively determine the conduct of any auction, including, without limitation, whether, when and/or if to advance the bidding, to reject any bid offered, to withdraw any lot, to reoffer and resell any lot, and to resolve any dispute in connection with a sale. We may withdraw a lot from auction for any reason and with no liability whatsoever for such withdrawal. Our determination in management of an auction or sale is final and shall be binding upon you and all other participants in such sale. Our collection and file of records related to each auction, lot, and sale will constitute the factual, accurate record of all transactions you participate in under this Agreement. You agree that if there is a discrepancy between our records and any other records or messages related to a sale or transaction, our records will govern.
5. THIRD-PARTY INTERNET BIDDING SERVICES AND PLATFORMS
Our auctions are accessible through third-party online bidding platforms, such as LiveAuctioneers, Invaluable, and Bidsquare, among others. These platforms facilitate bidding and may charge commissions or fees for their services. Each platform operates independently and has its own terms, conditions, and privacy policies. Bryant Estate Sales, LLC has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party bidding platforms. Your interactions with these platforms are solely between you and the respective platform. We strongly encourage you to familiarize yourself with their terms, conditions, and privacy policies before using their services.
By participating through a third-party bidding platform, you expressly release Bryant Estate Sales, LLC from any and all liability arising from your use of these platforms or any third-party services. Bids submitted through third-party platforms are transmitted to Bryant Estate Sales, LLC only when a lot is offered for sale.
LIMITATION OF LIABILITY: Under no circumstances, including negligence, shall Bryant Estate Sales, LLC be liable for any damages, lost profits, or special, incidental, or consequential damages resulting from your use of, or inability to use, these third-party platforms.
Please note:
These platforms do not communicate bids with one another prior to the auction.
Being the highest bidder on one platform does not guarantee you are the leading bidder overall, as higher bids may exist on other platforms.
Bryant Estate Sales, LLC reserves the right to add or discontinue any bidding platform at its discretion.
6. RESERVES
Bryant Estate Sales, LLC may offer each lot subject to a confidential minimum price below which we will not sell the lot (the ?Reserve??). If bidding does not meet the Reserve, the lot will be passed or withdrawn. Bryant Estate Sales, LLC does not bid on behalf of any party to meet the Reserve.
7. OPENING BID
All lots are published with an opening bid of 50% of their low estimate unless otherwise determined by Bryant Estate Sales, LLC. On auction day, we will determine the opening bid based on the Reserve and lot estimates. We reserve the right to adjust the opening bid at any time, depending on bidding activity and interest. It is your responsibility to stay informed about the opening bid and bidding activity.
8. RECEIPT OF BIDS
Our auctions are run on multiple online auction platforms, including but not limited to LiveAuctioneers, Invaluable, Bidsquare, and other approved platforms. These platforms are independent and do not communicate bids with each other. As a result, the same bid may be placed on multiple platforms. Because we do not receive a live feed of digital timestamps from these third-party platforms, bids are accepted at Bryant Estate Sales, LLC?s sole discretion. Bryant Estate Sales, LLC will have the final authority in determining the winning bid, and this decision is final and without recourse.
9. ESTIMATES
Estimates are provided as a guide to the expected hammer price of a Lot. Estimates do not include the Buyer?s Premium, any applicable taxes, or any export, import or shipping charges you may incur. We set estimates based on recent prices paid for similar property and on the lot?s rarity, quality, condition, and current market appeal. Estimates can change. Estimates are preliminary only and are subject to revision by us from time to time in our sole discretion. We make no guarantees, representations, or warranties of any kind, express or implied, including, without limitation, regarding the sale price of any lot, whether the lot will sell at all, or the price realized upon resale.
10. LOT DESCRIPTIONS
Lot descriptions may not be exhaustive or represent all of the information of every kind about a lot. Any description of a lot?s dimensions and/or weight is approximate. Photographs of a lot identify the lot and, sometimes, give you an approximation of their size in relation to other common objects. Images of a lot may not show the condition of a lot clearly; colors and shades may look different on the screen as opposed to how they look on physical inspection.
11. LOT CONDITION
Condition reports provided by Bryant Estate Sales, LLC reflect professional opinions and should not be treated as factual guarantees. Buyers waive any claims regarding errors or omissions in such reports and are solely responsible for reviewing available information regarding lots prior to bidding. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or free of imperfections. We do not warrant, and we specifically disclaim, the condition of any frame that accompanies any lot.
12. BIDDING INCREMENTS
As Sated.
*Additional increments will be at the discretion of Bryant Estate Sales, LLC.
We may reject nonconforming bids. However, since we regulate the bidding, we may change the Bidding Increments in our discretion.
13. BIDDING
We offer online bidding through third-party platforms during our online auctions. You will be held responsible for the purchase of any lot for which you have placed a Winning Bid. So, if you submit one or more conflicting or competing bids on a lot through different platforms or methods, you are solely responsible to cancel any or all of your previously submitted bids.
BIDDING DURING THE ONLINE AUCTION: You may bid during an online auction through approved third-party bidding platforms (such as LiveAuctioneers, Invaluable, Bidsquare, etc.). Additional charges may apply based on the platform used.
14. BUYER?S PREMIUM
We will charge you a commission on each lot you buy at auction. This commission is called the Buyer?s Premium. Buyer agrees to pay Bryant Estate Sales, LLC a buyer?s premium of 25% of any winning bid placed via third-party bidding platforms, regardless of payment method.
15. SALES TAX
All purchases are subject to the sales tax rate as stipulated by their city and/or state unless a valid tax-exempt certificate is supplied to Bryant Estate Sales, LLC. The actual sales tax rate and conditions depend on the state, county, or locale to which the lot will be shipped or where the buyer or buyer?s agent takes possession. That means that if you buy property from us, it may be subject to the sales tax in the area where you or your agents receive it or take possession of it. The Buyer is ultimately responsible for tax compliance in their jurisdiction.
16. PAYMENT
ALL SALES ARE FINAL and Non-Negotiable. Invoices will be emailed within three (3) business days following the auction. It is the responsibility of the Buyer to remit payment and remove their merchandise per the terms of this agreement.
ALL BUYERS: Full payment of invoice is required within 10 business days of first invoice being sent.
17. SHIPPING & TITLE TRANSFER
In ALL cases, it is the sole responsibility of the Buyer to remit payment and remove their merchandise within thirty (30) days after the sale date and per the terms of this agreement. All costs related to packing, insurance, shipping, and delivery of purchased property are the sole responsibility of the Buyer.
Buyers may:
? Collect purchased items in person during designated pickup times.
? Arrange their own shipping through a third-party service provider.
? Request shipping services be handled by Bryant Estate Sales, LLC. Buyer acknowledges that Bryant Estate Sales, LLC has full discretion on which lots it will ship, and if its shipping services are not available then another option must be employed.
? Request a referral for third-party shippers from Bryant Estate Sales, LLC.
Bryant Estate Sales, LLC shall not be liable for damage or loss once purchased property is released to the Buyer or their designated shipper.
Third-Party Shipping Services: Bryant Estate Sales, LLC may assist Buyers by referring third-party shippers or arranging logistical services as a courtesy. Any such assistance is at the Buyers sole risk and expense. Bryant Estate Sales, LLC disclaims all responsibility for the acts or omissions of third-party shippers, including delays, damages, or losses. Buyers assume full responsibility for verifying the adequacy of third-party shippers? insurance coverage and service terms.
If you choose a shipping method that we have advised against, we may require a waiver from you acknowledging this. For the avoidance of doubt, we will not be responsible for any damage or loss that occurs to a lot once we release it to a third-party shipper.
Title Transfer: Title to purchased property shall transfer to the Buyer upon full payment of the Purchase Price, including all applicable taxes and fees. Bryant Estate Sales, LLC will retain possession of the property until the Buyer?s payment has been fully processed and confirmed by our bank. The Buyer must confirm payment clearance before arranging collection or shipment.
Inspection and Packing Requirements: Buyers are advised to carefully review all available photographs and condition reports prior to bidding. Buyers are responsible for supplying their own packing materials when collecting items in person. Bryant Estate Sales, LLC shall not be held liable for insufficient packing or any damages incurred during transit.
Abandoned Property and Storage Fees: Purchased property not collected or shipped within thirty (30) days after the sale date will incur storage fees of $10.00 per lot, per day. Bryant Estate Sales, LLC has no duty to store any lot indefinitely. Any Purchased Property that is still in our possession ninety (90) days after Sale Date will be deemed abandoned by you and title to it, to the extent it has passed to you, will pass to us, with no further notice given by Bryant Estate Sales, LLC. You hereby release Bryant Estate Sales, LLC of and from any claims related to such Abandoned Property (including without limitation claims for purchase price refunds, possession of such lot or other damages or losses). You agree that this remedy is reasonable in light of the costs Bryant Estate Sales, LLC would have to incur to continue to store and process purchased lots after sale.
Shipping Restrictions and Compliance: Buyers are solely responsible for understanding and complying with all applicable local, state, federal, and international laws regarding the transportation of purchased property, including export and import restrictions. The inability to ship or transport purchased property due to regulatory constraints shall not relieve the Buyer of payment obligations.
Bryant Estate Sales, LLC strongly suggests obtaining a shipping estimate before bidding.
Bryant Estate Sales, LLC offers in-house shipping services only on select Lots. If you are interested in obtaining a quote for our shipping services, please contact us.
Bryant Estate Sales, LLC will not release item(s) for shipment until payment has been cleared through their respective financial institutions and it is the Buyer?s responsibility to confirm clearance before sending a shipper to collect their Property. Note there is a $30.00 fee for all returned checks.
18. SPECIAL PROPERTY
Endangered Species: You are solely responsible for all matters related to the export or import of any lot you buy, including without limitation, complying with any requirements, restrictions, declarations, customs, duties, or any other issues. It is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, or other permit required. We make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. Failure to obtain a license or permit will not justify the cancellation of the sale or any delay in making full payment of the Purchase Price for the lot. We will not rescind the sale of a lot that is transferred to you and later seized by government authorities due to the presence of endangered species material. As a courtesy to clients, we may advise people who inquire about lots containing potentially regulated plant or animal material, but we do not accept liability for errors or for failing to advise on lots containing protected or regulated species. Even if you are unable to bring your Purchased Property to your desired location, you must still comply with all of your obligations around purchasing the lot, including without limitation payment of the Purchase Price and removal of the lot from our facility.
Jewelry: Natural gemstones have been enhanced in a variety of ways, including heating, oiling, and other methods. These treatments are accepted by the international jewelry and gemstone trade. We make no representations or warranties, express or implied, as to whether natural stones have been treated or enhanced, whether specifically referenced or not. All stones have been identified by standard gemological field tests, as the mounting allows, and we will make available to prospective buyers any gemological certificates in our possession. However, it will not always be feasible to obtain a qualified lab report on every stone we offer for sale. If you wish to have a grading or gemological report from an independent recognized laboratory such as the Gemological Institute of America, you may request one at your own expense or hire an independent adviser of your choosing at your expense. Weights given for stones we offer for sale are based solely on measurements and known gemological formulae; they are approximate, not exact. Weight may differ once a stone is removed from its setting. You are advised to verify weight estimates prior to bidding at auction.
Coins & Currency: All coins and currency are sold as is by us, except as to authenticity. You acknowledge and agree that grading is not an exact science, but a matter of opinion as to condition and other attributes; and that grading can and will differ among third party grading services, independent experts, dealers, collectors, and auction houses, including our own. Coins and currency are sold without any additional express or implied warranty.
Clocks & Lights: No warranty is made that any watch, clock, or lighting device is in working condition or without defects, restorations, or working parts. Buyer agrees that the description of watches, clocks and lighting devices, whether in the catalogue or a Condition Report, may be incomplete and not identify every mechanical replacement, repair, or defect. The absence of reference to the condition of a watch, clock or lighting device does not imply it to be in working condition or without defects, repairs, restorations, or replacement parts.
19. INTERNET
While we strive to provide a seamless online experience, technical difficulties may arise beyond our control, including, but not limited to, issues related to broadband capacity, firewalls, errors in the display or quality of digital images, software malfunctions, and other technological problems. You acknowledge and agree that we are not responsible or liable for any failure to send, receive, or place bids due to technological issues, including Internet connection failures, software errors, phone connection problems, or malfunctions in our information technology systems.
In addition to the terms outlined above, neither we, nor our affiliates, directors, officers, employees, or agents, shall be liable for any errors, inaccuracies, omissions, defects, delays, or interruptions in the transmission of information on our website, regardless of cause or duration. We are not responsible for any claims, losses, or damages arising from such issues or any consequences resulting from the untimeliness or inauthenticity of information on the site.
20. LIMIT OF LIABILITY
IN NO EVENT SHALL BRYANT ESTATE SALES, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT TO ANY SALE OF A LOT, IN NO EVENT SHALL BRYANT ESTATE SALES, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO BRYANT ESTATE SALES, LLC FOR SUCH LOT TO WHICH THE CLAIM RELATES.
21. INDEMNITY
You agree to indemnify, defend and hold Bryant Estate Sales, LLC, its officers, directors, employees, agents and their successors and assigns harmless from and against any and all claims, actions, damages, losses, liabilities and expenses (including reasonable attorneys? fees and costs) relating to the breach, or alleged breach, of any of your agreements, covenants, representations or warranties contained in this Agreement.
22. INTELLECTUAL PROPERTY
Bryant Estate Sales, LLC and our licensors will retain ownership of our intellectual property rights, including, without limitation, copyright to all photographs or other images of the lot created by us (including of your Purchased Property), as well as rights to the copyrights and trademarks and other images, logos, text, graphics, icons, audio clips, video clips, and digital downloads from the Bryant Estate Sales, LLC catalog or website. You may not obtain any rights of ownership, use, reproduction or any other therein by virtue of this Agreement. You may not use any of our trademarks or service marks in any way. Buyers and scholarly publications may request permission to use catalog images. Requests must be made in writing to Bryant Estate Sales, LLC.
23. DISPUTE RESOLUTION
While we disclaim all liability as stated in this Agreement, we acknowledge that certain disputes may arise that require resolution through arbitration. Disputes must first be addressed through a 45-day good faith discussion period. If unresolved, disputes will proceed to binding arbitration in Birmingham, Alabama, under the American Arbitration Association?s rules. Arbitration decisions are final and nonappealable.
24. RULES
Any failure, delay, relaxation, or indulgence by a Party in exercising any power or right conferred on that Party by this Agreement does not operate as a waiver of that power or right unless expressed in writing to be a waiver. In entering into this Agreement, the Parties have not relied on any representations or warranties about its subject matter except as provided in this Agreement.
We may change, modify, amend, or delete all or any part of this Agreement (?Changes??) without notice. YOUR CONTINUED USE OF THE SITE, PARTICIPATION IN ONE OF OUR AUCTIONS, OR BIDDING OR PURCHASING ANY LOT FROM US WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR PARTICIPATE IN OUR AUCTIONS, OR BID OR PURCHASE ANY LOT FROM US.
Unless otherwise specified herein, all notices, requests or other communications under or in connection with this Agreement, to or upon the Parties will be made to such addresses and to the persons designated below, or such other people and addresses as provided in writing the receiving Party from time to time, and will be deemed to have been given hereunder only as follows: (a) if delivered by overnight or two-day commercial delivery service, upon receipt as evidenced by the records of such service; (b) if sent by certified or registered mail, seven (7) calendar days after posting it; and (c) if sent by email, one (1) day after the email is sent or immediately once the receiving Party confirms its receipt by reply or other written communication.
Notices to Bryant Estate Sales, LLC: Bryant Estate Sales, LLC, Jefferson County, Alabama. Email: [Your Email Address]
Notice to You (Buyer): The address you provide to Bryant Estate Sales, LLC during registration or later.
Further Assurances: You will furnish us, upon our request, with any additional information required to comply with applicable law. You will provide us, upon our request, verification of your identity in an appropriate form.
25. INTERPRETATION
If a court or an arbitrator finds that any part of this Agreement is not valid, or is illegal or impossible to enforce, that part of this Agreement will be treated as being deleted, and the rest of this Agreement will not be affected. This Agreement hereto constitutes the entire agreement between the Parties with respect to the transactions contemplated hereby and supersedes all prior or contemporaneous understandings and agreements of the Parties (whether written or oral) relating to the subject matter of this Agreement.
In this Agreement, unless the context otherwise requires: (a) references to sections, exhibits, attachments and schedules are to those in, of and to this Agreement and headings are inserted for convenience only; (b) words importing the plural will include the singular, and vice versa; (c) references to a person will be construed as including references to an individual, company, enterprise, firm, partnership, joint venture, association, or organization, whether or not having separate legal personality; (d) use of the word ?will?? as an action attributable to a Party means the Party agrees to, will, promises to and covenants to take the actions following or connected to the use of the word ?will;?? (e) use of the word ?may?? as an action attributable to a Party means that Party has the right, but not the obligation, to take the action following or connected to use of the word ?may;?? and (f) references to it, its, they, their, and them, will be construed as including any generic, omni-gender pronoun such as she, hers, her, he, his, him, it, its, they, their and them.