Port St Lucie September Auction

All property will be o?ered and sold by Port St. Lucie Auctions (hereafter known as
PSL) as agent for the Consignor subject to the following terms and conditions:
The following Conditions of Sale are PSL?s and the Consignor?s agreement with the
Buyer relative to the property listed in the auction catalog. The Conditions of Sale, the
glossary, and all other contents of the catalog are subject to amendment by PSL by the
posting of notices or by oral announcements made during the sale. All property is
o?ered by PSL as agent for the Consignor unless the catalog indicates otherwise. By
participating in any sale the Consignor, Bidder, and Buyer agree to be bound by these
terms and conditions.
1. Before the Sale. Prospective bidders or their agents should inspect the property
before bidding to determine its condition, size and whether or not it has been repaired
or restored. Buyers are responsible for satisfying themselves concerning the condition
of the property and the matters referred to in the catalog entry. Condition reports,
photos, and video or digital images are provided as a courtesy and should not be used
as a substitute for viewing the items in person. All statements made in the catalog or in
the condition report or made orally or in writing elsewhere are statements of opinion
and are not to be relied on as statements of fact. Except as set forth in paragraph 18,
PSL and the Consignor assume no risk, liability or responsibility for the authenticity of
the authorship of any property identified in this catalog. All property is sold ?as is? and
neither PSL nor the Consignor make any warranties or representations of any kind or
nature with respect to the property, and no statement in the catalog or made at the
sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of
liability or warranty or representation as to the description, genuineness, attribution,
provenance or condition of the property. PSL and the Consignor make no
representations as to whether buyer acquires any reproduction rights in the property.
2. Bidding Registration. Bidders attending the auction in person are required register
on site during the preview hours, or day of the auction. Bidders attending the auction
online are required to register with LiveAuctioneers.com. PSL may require the bidder to
contact our gallery by phone to verify bidder/banking information prior to approval.
Registered bidders agree to be fully liable for all bids, including the liability to timely
pay in full for any lot that is the subject of a successful bid submitted by the bidder in
accordance with the Conditions of Sale.
3. Buyer?s Premium. Successful in-house, phone and absentee bids: A premium of
28% of the successful bid price will be added to all lots and is payable by the buyer as
part of the total purchase price on lots in sale. Successful online bids: A premium of
28% of the successful bid price will be added to all lots and is payable by the buyer as
part of the total purchase price on lots in sale.
4. Withdrawal. PSL reserves the right to withdraw any property before sale and shall
have no liability for such withdrawal.
5. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as
numbered in the catalog.
6. Video or digital images. At some auctions a video or digital screen may be used.
PSL is not liable for any errors in the operation or quality of the image presented.
7. Reserves. Unless the sale is advertised and announced as a sale without reserves,
each lot is o?ered subject to reserve. PSL may implement such reserves by bidding
through its representatives on behalf of the Consignor.
8. Bidding. PSL reserves the right to reject a bid from any bidder. The auctioneer has
the right to split any bidding increment and to advance the bidding in any manner as
the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall
be the buyer. In the event of any dispute between bidders, the auctioneer shall have
sole and final discretion either to determine the successful bidder or to re-o?er and
resell the article in dispute. If any dispute arises after the sale, the sale record of PSL
shall be conclusive in all respects.
9. Absentee bids. As a convenience to bidders who cannot attend a sale in person or
online, PSL will, if so instructed, execute written bids on their behalf, without additional
cost. If PSL receives written bids on a particular lot for identical amounts, and at the
auction these are the highest bids on the lot, it will be sold to the person whose written
bid was received and accepted first. PSL is not responsible for errors or failure to
execute the written bid or for errors or omissions in connection with the written bid.
Lots are bought for absentee bidders at the lowest possible price (which may be below
the written bid price) subject to other bids or reserves.
10. Online bids. PSL will use reasonable e?orts to carry out online bids, however PSL
is not responsible for equipment failure, inability to access the Internet or software
malfunctions related to the execution of online bids.
11. Auctioneer?s discretion. If the auctioneer determines that any opening bid is not
commensurate with the value of the article o?ered, he may reject the same and
withdraw the article from the sale. If having accepted an opening bid, the auctioneer
decides that any advance thereafter is not of su?cient amount, he may reject the
advance.
12. Successful Bid. On the fall of the auctioneer?s hammer, title to the o?ered lot will
pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to
all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and
responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will
pay the purchase price in full or such part as PSL may require for all lots purchased.
13. Payment. The buyers are expected to make payment for purchases immediately
after the auction for the entire amount due (including hammer price, buyer?s premium
and applicable taxes and other charges including handling charges and storage costs).
Payment in U.S. Dollars can be made by check, cash, wire transfer, American Express,
Visa, MasterCard, Discover and debit card, subject to certain limitations. International
payments can be made by wire transfer. The buyer grants PSL a security interest in the
property and PSL may retain as collateral security for the buyer?s obligations to PSL,
any property or monies held or received by PSL for the account of the buyer. Payment
will not be deemed to have been made in full until PSL has collected funds represented
by checks, or, in the case of bank or cashier?s checks, until PSL has confirmed their
authenticity. Buyer agrees that a 1-1/2% per month late charge will be imposed on the
total purchase price if payment is not made in accordance with all of the conditions set
forth herein and agrees to pay any returned check charges that may be incurred.
14. Tax. Unless exempted by law from the payment thereof, the buyer will be required
to pay Florida retail sales taxes at a rate of 6.00%, or any taxes that are applicable at
this date, including any federal luxury or other tax. Unless exemption from such taxes
is established to the satisfaction of PSL, any buyer claiming an exemption will be
required to pay the tax to PSL and seek a refund from the state. Deliveries outside the
State of Florida may be subject to the compensating use tax of another state and,
where a duty of collection is imposed upon them by law, PSL will require payment of
such taxes.
15. Removal of Property. The buyer at buyer?s expense must remove all property from
PSL not later than 15 business days following the sale. Removal of purchases during
the auction is encouraged. Purchases not so removed will be subject to the following
charges to cover handling and storage costs: After 15 business days following the sale,
a handling charge of 1% of the purchase price will be payable by the buyer per month
until the items are removed, with a minimum of 5% for any property not so removed
within 60 days after the sale. Buyer agrees that any property which is paid for but left at
PSL? premises for any reason in excess of sixty (60) calendar days after the sale may
be sold by PSL at public auction with the balance of any funds recovered in excess of
the storage charges and auction charges, being remitted to the buyer.
16. Non-Payment. If the buyer does not make full payment for the purchases within
the time required, PSL is authorized in their absolute and sole discretion to exercise
one or more of the following remedies, in addition to other remedies available to PSL
and the Consignor by law: PSL is authorized to: (a) hold the buyer liable for the total
purchase price; (b) cancel the sale, retaining as liquidated damages all payments made
by the buyer; (c) resell the property at public auction or private sale with terms that PSL
deems appropriate; (d) to resell the property at public auction without reserve and the
buyer shall be liable for any deficiency, cost, handling charges and the expenses of
both sales and the commissions on both sales; (e) to o?set the full purchase price
against any amount owed by PSL to the buyer; (f) to not allow any bids at any
upcoming auctions by or on behalf of the buyer; and (h) to take other actions as PSL
find necessary and appropriate. The buyer grants PSL a security interest in any
property in PSL? possession which is owned by such buyer and PSL is authorized to
hold such property as collateral security for such buyer?s obligations. Buyer shall be
liable to PSL for all other charges incurred as a result of buyer?s non- payment,
including attorney fees, expenses and incidental damages. As between PSL and
Consignor, if the successful bidder does not pay for the property, collection procedures
shall be the responsibility of the Consignor and not PSL.
17. Packing and Shipping. Shipping arrangements are available directly through PSL.
PSL is not responsible for damage or breakage which may occur during packing and
handling and shipping by your chosen shipper and/or packer of your purchased lots,
whether or not recommended by PSL. Handling, packing and shipping of purchased
lots is at the entire risk of the buyer and all claims should be filed with your chosen
shipper/packer. Shipping may take up to 3 weeks from payment.
18. Limited Right of Rescession. If within twenty-one days of the sale of any lot, the
buyer gives notice in writing to PSL alleging that the identification of authorship (as
defined in the catalog Glossary and set forth in the heading in quotation marks in the
auction catalog) of such lot as set forth in the catalog description of such lot (as
amended by any written notices or verbal announcements during the sale) is not
substantially correct based on a fair reading of the catalog, and (b) if within fourteen
days of such notice the buyer returns the lot to PSL in the same condition as when
sold, and (c) establishes the written allegations to PSL?s satisfaction (including by
providing one or more written opinions by recognized experts in the field, as PSL may
reasonably require), then the sale will be rescinded with only the purchase price and
buyer?s premium refunded. No reimbursement shall be made for any shipping costs
incurred. If, prior to receiving such notice from the original buyer alleging such defect,
PSL has paid the Consignor monies owed to him in connection with this sale, PSL
agrees to refund only the buyer?s premium and applicable sales taxes paid. Consignor
agrees to refund any payments made to Consignor for such property. In the event the
Consignor refuses to refund the payments, PSL may disclose the identity of the
Consignor and assign to buyer PSL's rights against the Consignor with respect to the
lot the sale of which is sought to be rescinded. Upon such disclosure and assignment,
any liability of PSL as Consignor?s agent with respect to the said lot shall automatically
terminate.
19. Limitation of Liability. If, for any reason a purchased lot cannot be delivered in the
same condition as at the time of sale, or should any purchased lot be stolen, mis-
delivered or lost prior to delivery, PSL shall not be liable for any amount in excess of
that paid by the buyer. For any electrical items, PSL neither expresses nor implies a
warranty as to the functionality or the safety of the item.
20. Governing Law and Jurisdiction. The Conditions of Sale, as well as the buyer?s,
Consignor?s and PSL's respective rights and obligations shall be governed, construed
and enforced in accordance with the laws of the State of Florida. All persons
participating in any auction sale, whether as bidder or consignor, whether present in
person or by agent, or by absentee bid, order bid, telephone, internet or other means,
consent to the exclusive jurisdiction of the state courts located in Florida, and if
applicable, of the federal court located in Florida.
21. Severability. If any part of the Conditions of Sale is found by any court to be
invalid, illegal or unenforceable, that part shall be discounted and the rest of the
conditions shall continue to be valid to the fullest extent of the law.
NOTE: Condition reports, photos and video or digital images are provided as a
courtesy and should not be used as a substitute for viewing the items in person. All
items are sold ?as is? in accordance with the Conditions of Sale.
22. Privacy Policy. By participating in any sale the Consignor, Bidder and Buyer
confirm that they have read and agree to PSL's privacy policy, which can be found in
the footer of every page of the PSL website.
23. Returns. At PSL Auctions, our comprehensive return policy allows for the return of
any item within 14 days of receipt, unless otherwise stated in the listing description.
Refunds will be given at the sole discretion of PSL Auctions and will be determined on
an individual basis. All refunds must be pre authorized before returning of the item. All
return requests must be in writing via email to info@pslauctions.com. Do NOT return
any item until a refund authorization has been obtained from PSL Auctions. Items must
be in their original condition as purchased. Upon receipt and inspection of the item,
refunds will be issued to the original payment method.
Please note: shipping costs, buyers premium and processing fees will be deducted
from the refund amount. Refunds will be for the item hammer price only. The refund
process may take up to 30 days.