Burd Street: Fine Art, Antiques & Estate Jewelry

Conditions of Sale

These Conditions of Sale set forth the entire and exclusive terms under which Burd Street Auctions, a dba of Silla Ltd. (“BSA,” “we,” “us,” or “our”), offers property for sale by lot, whether at live auction, online auction, or by any other method of sale. By registering to bid, placing a bid, or purchasing any lot, you agree to be legally bound by these Conditions of Sale.

PART I (Prior to the Auction)


1. DESCRIPTIONS & CATALOG TEXT

All statements about a lot, including written descriptions, correspondence, and verbal discussions, are opinions of BSA and should not be considered factual. Property is sold "as is, where is," with all flaws, and we make no guarantees regarding the accuracy of descriptions or the lot’s condition.



2. EXAMINATION OF THE PROPERTY

The buyer acknowledges having had the opportunity to examine the property prior to the sale. We strongly encourage buyers—or their authorized agents—to inspect the property in person during the preview period, whether by appointment or during regular viewing hours, at no cost. If in-person inspection is not feasible, buyers are advised to retain a qualified third-party professional to assess the property. Failure to inspect, either personally or through an agent, does not relieve the buyer of responsibility regarding the condition of the lot.



3. CONDITION REPORTS
BSA provides written condition reports, along with photographs or video, upon request and at no charge. These reports are prepared in good faith and represent reasonable efforts to describe the lot’s visible characteristics, including observable flaws. However, assessments of condition are inherently subjective and may reflect the personal thresholds or expectations of the viewer. Condition reports, whether written or verbal, are not forensic, comprehensive, or prepared to academic standards. The absence of a condition report does not imply that a lot is free from defects. Any mention of condition in the catalog or report is intended as a general guide only and may not account for all imperfections, restorations, or alterations. All lots are offered “as is, where is,” and BSA makes no warranties or guarantees regarding condition. Prospective bidders are strongly encouraged to inspect lots in person or engage a qualified expert for condition-related concerns. BSA reserves the right to decline condition report or image requests at its discretion, particularly when the request is made too close to the auction or when the lot’s value does not reasonably justify the time required.

4. WITHDRAWAL OF A LOT
BSA reserves the right to withdraw a lot from the auction at any time prior to or during the sale and shall have no liability for the withdrawing of the lot.



5. ESTIMATES

Estimates are provided as a carefully considered opinion of the likely sale range for a lot and should not be considered a prediction, guarantee, or appraisal of its value or selling price.



PART II (Registering for the Auction)


1. NEW BIDDERS

BSA reserves the right to require new bidders to register no later than 24 hours prior to the start of the auction. As part of the registration process, individual bidders must submit a valid government-issued photo identification (such as a driver’s license or passport) along with proof of current address (e.g., a recent utility bill or bank statement). BSA may also request a photograph of the bidder holding or shown alongside their identification for identity verification purposes.

Corporate bidders, or those bidding on behalf of a business entity, must provide the same identification documents required of individual bidders, in addition to a valid Certificate of Incorporation that states the company’s legal name and registered address. BSA may also require documentation verifying the entity’s beneficial owners and directors.


Buyers claiming exemption from Pennsylvania sales tax must submit both a current resale certificate (or equivalent sales/use tax license) and a completed Pennsylvania Exemption Certificate (REV-1220) prior to the auction. Failure to provide these documents in advance may result in sales tax being charged.


2. BIDDERS KNOWN TO BSA

Bidders who have bought from us in the past or who have been formerly registered may still be required to provide the same document provisions as a new bidder at our discretion.



3. BIDDER AGENTS AND REPRESENTATIVES

If a bidder is acting on behalf of a principal, BSA must receive written authorization from the principal prior to the auction. Both the principal and the agent must complete the bidder registration process and be approved by BSA. Unless otherwise agreed in writing before the auction, the agent shall be jointly and severally liable with the principal for the full purchase price and any other amounts due in connection with any lots purchased at auction.



4. CREDIT CARD AUTHORIZATIONS

BSA may require bidders to provide a valid credit card during registration. By submitting credit card information, the bidder authorizes BSA to place a temporary authorization hold on the card for verification purposes. This hold is not a charge and will typically be released by the card issuer within 3 to 5 business days. BSA is not responsible for delays in the release of the hold by the issuing bank.



PART III (During the Auction)


1. AUCTION FORMATS

BSA conducts auctions in various formats, including: (i) live in-person auctions with phone, absentee, in-room, and internet bidding; (ii) online-only auctions; and (iii) timed online auctions. Regardless of the format, the auctioneer retains sole discretion over the starting bid, bidding increments, and the pace of bidding. Any published or advertised bid increments are for guidance only and may be modified at the auctioneer’s discretion. Bid increments may vary by auction and by lot. All bidders are responsible for complying with applicable laws and regulations governing their participation in the auction.



2. AUCTIONEER’S DISCRETION

The auctioneer shall have absolute and sole discretion to: (a) accept or reject any bid; (b) admit, exclude, or remove any bidder from the saleroom or online auction platform; (c) advance or retract bidding; (d) alter the sequence or grouping of lots; (e) withdraw any lot from the sale; (f) reopen bidding after the hammer has fallen; (g) combine or divide lots; and (h) resolve any errors, disputes, or ambiguities by determining the successful bidder, canceling the sale, continuing bidding, or re-offering the lot, whether during or after the auction. The auctioneer shall have no liability for any decisions made in exercising this discretion.


3. TECHNICAL DIFFICULTIES


BSA shall not be liable for any errors, delays, or failures in the execution or receipt of online bids, including but not limited to those resulting from: (a) loss of internet connectivity; (b) malfunctions or outages of bidding platforms or software; or (c) hardware or system failures on the part of the bidder or third-party providers. Online bidding is offered as a convenience, and BSA makes no warranties or guarantees regarding its availability or performance. BSA accepts no responsibility for any failure to access the bidding platform, submit or receive bids, or for any technical issues that may affect the auction process.



4. RESERVES

The auctioneer may decline any opening bid deemed insufficient and may withdraw a lot from sale at their discretion. Unless stated otherwise, all lots are subject to a reserve—the confidential minimum price below which the lot will not be sold.


To enforce the reserve, the auctioneer may place bids on behalf of the seller, including consecutive or responsive bids up to the reserve, without disclosing that the seller is bidding.

In instances where BSA has a financial interest in a lot, such as where BSA has guaranteed a minimum return to the consignor or owns the property outright, bids may also be placed on BSA’s behalf without identification. These bids are subject to the same terms as all others.

No reserve will exceed the low estimate. Reserves are set in agreement with the consignor, or, if unspecified, at BSA’s sole discretion.



5. BSA EMPLOYEES

Employees of BSA are not prohibited from bidding on property. In the course of their employment, it is possible they may have access to information not available to the public.



6. SUCCESSFUL BID AND FORMATION OF CONTRACT

Subject to Part 3, Section 2 (“Auctioneer’s Discretion”), a binding contract of sale between the seller and the highest bidder is formed when the auctioneer acknowledges the final bid and the hammer falls. The buyer of record shall be the registered bidder associated with the paddle or online account through which the bid was submitted. BSA will issue an invoice to the successful bidder for the purchased lot(s), and the buyer shall be responsible for payment in full in accordance with these Conditions of Sale. 



PART IV (After the Auction)



1. BUYER’S PREMIUM

In addition to the hammer price, the buyer shall pay a buyer’s premium of 20% on each lot purchased directly through BSA. For lots purchased via third-party online bidding platforms, a buyer’s premium of 25% shall apply. The buyer’s premium is a commission payable as part of the total purchase price and is subject to applicable sales tax where required by law.



2. TAXES

The buyer shall be responsible for any and all applicable taxes associated with the purchase of a lot, including, but not limited to, sales and use tax. The application of sales tax will be determined based on the jurisdiction to which the property is delivered, shipped, or picked up. BSA collects sales tax in all states where it is legally required to do so. Buyers claiming exemption from sales tax must provide valid documentation prior to the issuance of an invoice; otherwise, tax will be applied as required by law.



3. PURCHASE PRICE

The total purchase price (“Purchase Price”) shall consist of the hammer price of the lot, plus: (a) the applicable buyer’s premium; (b) any third-party bidding platform surcharges, if applicable; (c) any credit card or processing fees, if incurred; and (d) all applicable sales, use, excise, or other taxes or duties. The buyer agrees to pay the full Purchase Price in accordance with these Conditions of Sale.



4. PAYMENT TERMS

Payment in full is due within seven (7) calendar days of the auction. Invoices will be issued to the registered bidder only and may not be modified, reassigned, or reissued in another name. BSA will only accept payment from the registered bidder of record.



Bank wire transfer is the preferred payment method and is mandatory for:
I) All international buyers
II) Invoices that include jewelry, precious metals, coins, or any lot designated by BSA as requiring wire transfer


Accepted Payment Methods


A. Bank Wire Transfer / ACH – Typically clears within 2–3 business days. A $25 wire fee applies.

B. Bank Certified Check – Subject to instant approval upon receipt.

C. Zelle – Instant approval. Payable to: billing@burdst.com

D. Local Check – May require up to 10 business days to clear. Government-issued photo ID is required. BSA reserves the right to decline any check or require a certified check at its sole discretion.

E. Credit Card / PayPal – Accepted on a case-by-case basis for invoices under $5,000. BSA reserves the right to decline any credit card or PayPal payment without explanation. A 3.5% convenience fee will apply. A valid driver's license and proof of billing address are required.



Returned checks will incur a $35 fee. Buyers must remit payment via bank wire transfer to resolve returned check balances.



If no payment arrangement is made within five (5) days of the auction, BSA reserves the right to automatically charge the registered credit card on file for the full invoice amount, including any applicable processing fees.


Title to any property does not pass, and no property will be released, until full payment has been received and cleared.



5. TRANSFER OF OWNERSHIP
Title to any lot shall not pass to the buyer until BSA has received full payment in cleared funds. Possession or release of the lot prior to full payment does not constitute transfer of ownership. BSA retains title and a security interest in any lot until the Purchase Price has been paid in full.





6. TRANSFER OF RISK


Unless we have made a separate written agreement, the risk and responsibility for the lot will pass to you at the earliest of the following: (a) when you take possession of the lot, (b) the 30th day after the auction concludes, or (c) when the lot is removed from our premises and transferred to a third-party storage facility.





7. FAILURE TO PAY


If the buyer fails to remit full payment in cleared funds by the stated due date, BSA may, at its sole discretion and without further notice, exercise one or more of the following remedies, in addition to any rights available under applicable law:


A) Charge interest on the unpaid balance at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by law.




B) Cancel the sale and resell the lot publicly or privately; the buyer shall be liable for any shortfall between the original purchase price and the resale price, as well as all associated costs, expenses, and attorney’s fees.




C) Remit payment to the consignor on the buyer’s behalf and assume the consignor’s right to pursue recovery directly from the buyer.




D) Initiate legal proceedings to recover the full amount due, including interest, reasonable attorney’s fees, and collection costs.




E) Disclose the buyer’s identity and contact information to the consignor.




F) Reject or restrict the buyer’s future participation in auctions, including requiring a deposit or advance payment as a condition of bidding.




G) Exercise a security interest in any property belonging to the buyer and held by BSA, treating such property as collateral for the buyer’s obligations.




H) Take any other action deemed necessary or appropriate to protect BSA’s interests.



8. SHIPPING AND STORAGE



BSA does not offer standard in-house shipping services. Buyers are solely responsible for arranging the packing, collection, and shipment of purchased lots. In certain cases, and at BSA’s sole discretion, we may assist with shipment on behalf of third-party platforms or buyers, including packing and dispatch using labels or services provided by third parties. Any such assistance is provided strictly as a courtesy, without assumption of liability for loss, delay, or damage, and does not alter the buyer’s responsibility for risk, insurance, or transport costs.


All lots must be collected within thirty (30) calendar days of the auction’s conclusion. After this period, BSA may, at its sole discretion:



A) Assess storage fees of $10 per day per lot,


B) Transfer the lot to a third-party storage facility, with the buyer responsible for all transport, storage, handling, insurance, and related costs, or


C) Resell the lot in any commercially reasonable manner, with or without notice to the buyer.

These remedies do not limit BSA’s rights under Section 6 (“Failure to Pay”).



9. PICKUP FROM BSA PREMISES


As a courtesy, BSA may, at its sole discretion, assist buyers with the removal of purchased lots from our premises, including packing, handling, or loading into a vehicle. Such assistance is provided solely at the request and risk of the buyer. BSA shall not be liable for any loss, damage, or injury arising from or related to the pickup process, including, but not limited to, damage to the lot, the buyer’s vehicle, or personal property.


Buyers are responsible for supervising or declining assistance, and by accepting such assistance, they acknowledge and assume all associated risk. BSA reserves the right to refuse assistance at any time and for any reason.





10. EXPORT, IMPORT, AND RESTRICTED MATERIALS

It is the buyer’s sole responsibility to obtain all necessary advice, permits, and approvals prior to bidding, and to ensure compliance with all applicable laws and regulations governing the export, import, transportation, and possession of any purchased lot. This includes, but is not limited to, U.S. federal, state, and international laws relating to cultural property, endangered species, and materials subject to trade restrictions.


Certain items may be subject to specific limitations, including but not limited to those containing or made from ivory, tortoiseshell, rhinoceros horn, coral, whalebone, crocodile skin, Brazilian rosewood, or other materials protected under CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) or similar laws. Export or import of such lots may be prohibited or require special licenses.


BSA will not cancel a sale, rescind an invoice, or issue a refund in the event a purchased lot cannot be shipped, exported, or imported, or is seized by a governmental or regulatory authority.

PART V (Warranties)


1. SELLER'S WARRANTY 


The seller warrants that: (a) they are the rightful owner of the lot or are duly authorized by the owner or co-owners to sell it; and (b) they have the right to transfer clear and unencumbered title to the buyer, free from any third-party claims, liens, or restrictions.


If either of these warranties is breached, the seller’s liability shall be limited solely to the return of the purchase price actually paid by the buyer. No other warranties are expressed or implied. To the fullest extent permitted by law, all other statutory, common law, or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, are excluded.


No statement, representation, or warranty made by any employee or agent of BSA shall be binding unless expressly confirmed in writing by BSA. Any unauthorized statements shall be deemed void.



2. BUYER’S WARRANTIES AND REPRESENTATIONS:
By registering to bid and/or purchasing a lot, you represent and warrant to BSA and to the seller that:

(a) The funds used for payment are not derived from, and are not connected to, any unlawful activity, including but not limited to money laundering, tax evasion, terrorist financing, or any other criminal conduct. You further warrant that you are not currently under investigation for, nor have you been charged with or convicted of, any such offenses.


(b) If you are bidding on behalf of another party, you represent and warrant that:




(i) You have conducted appropriate due diligence on the ultimate buyer(s) of the lot(s), in accordance with all applicable anti-money laundering, anti-terrorism, and economic sanctions laws;


(ii) You agree that BSA may rely on the due diligence you have conducted, and you agree to retain all related records and documentation for a minimum of five (5) years, making them available upon request for inspection by an independent auditor appointed by BSA;


(iii) The agreements between you and the ultimate buyer(s) do not facilitate, conceal, or promote any form of tax crime or unlawful activity; and


(iv) To the best of your knowledge, the funds used for the purchase are not connected to criminal activity, and the ultimate buyer(s) are not under investigation for, nor have they been charged with or convicted of, money laundering, terrorism, tax evasion, or other criminal conduct.



PART VI (Our Liability to You)



(a) BSA makes no warranties or representations, express or implied, with respect to any statements made or information provided by BSA, its employees, or representatives concerning any lot. To the fullest extent permitted by law, all warranties, conditions, and terms implied by law are excluded from these Conditions of Sale. The warranties provided by the seller under Part V. Section 1 (“Seller’s Warranty”) are solely those of the seller, and BSA assumes no liability in relation to those warranties.

(b) BSA shall not be liable to you in connection with your purchase of, or bidding on, any lot—whether for breach of contract, negligence, or otherwise—except in the case of fraud or fraudulent misrepresentation by BSA, or as otherwise explicitly stated in these Conditions of Sale.



(c) BSA makes no representation, warranty, or guarantee—express or implied—as to any lot’s merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, provenance, rarity, importance, medium, exhibition history, literature references, or historical significance. To the fullest extent permitted by applicable law, all such warranties are expressly excluded.

(d) BSA provides condition reports, telephone bidding, and online bidding services as a convenience to bidders. These services are offered free of charge, and BSA shall not be liable for any error, omission, technical malfunction, or failure in connection with these services.

(e) BSA’s obligations and liability are owed solely to the registered buyer of the lot. No third party shall have any rights under these Conditions of Sale.

(f) In the event BSA is found liable to you for any reason notwithstanding the foregoing, BSA’s total liability shall not exceed the purchase price actually paid by you for the lot. In no event shall BSA be liable for any indirect, special, incidental, or consequential damages, including, but not limited to, loss of profits, loss of opportunity, loss of business, anticipated savings, or any expenses incurred for packing, shipping, insurance, third-party handling, storage, or transportation of the lot.




PART VII (Other Terms)



1. Right to Cancel a Sale


In addition to the other cancellation rights set forth in these Conditions of Sale, BSA may cancel the sale of any lot if:


(i) any of the buyer’s warranties under Part V, Section 2 (“Buyer's Warranties and Representations”) are found to be inaccurate or untrue;


(ii) BSA reasonably believes that completing the transaction would be, or may become, unlawful; or


(iii) BSA reasonably believes that the transaction would expose BSA or the seller to liability or reputational harm.





2. Recording of Auction Events


BSA may record audio and/or video of auction proceedings. Such recordings may be retained for internal use or compliance purposes. Personal data will be treated in accordance with applicable privacy laws and will not be disclosed except as required by law. Bidders who prefer not to be recorded may participate by phone, written bid, or online. Recording of the auction by any other party is prohibited without BSA’s prior written consent.



3. Copyright and Intellectual Property


All written descriptions, images, illustrations, video content, and catalog materials produced by or for BSA remain the intellectual property of BSA unless expressly stated otherwise. These materials may not be reproduced, distributed, or used for commercial purposes without prior written authorization. The purchase of a lot does not imply any transfer of copyright, trademark, or other intellectual property rights unless specifically stated in writing by BSA.



4. Severability


If any provision of these Conditions of Sale is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.



5. Assignment


The buyer may not assign or transfer any rights or obligations under these Conditions of Sale without the prior written consent of BSA. These Conditions shall bind and benefit the respective heirs, successors, assigns, and legal representatives of both parties.



6. Personal Data


By registering to bid with BSA, you consent to the collection, storage, and processing of your personal information in accordance with our Privacy Policy, available at https://www.burdst.com. This includes, but is not limited to, your name, contact details, bidding history, and areas of collecting interest.

BSA may use this information to communicate with you regarding upcoming auctions, events, or promotions, including through direct mail, email, or digital advertising. Your data may also be used to tailor marketing based on your preferences, interests, and bidding history.


Additionally, we may share your information with our affiliated company, SILLA, ltd., a fine art and antiques gallery, for similar marketing and communication purposes. You may opt out of receiving such marketing communications at any time by following the unsubscribe instructions provided or by contacting us directly.


7. Waiver


No delay or failure by BSA to enforce any provision of these Conditions of Sale shall constitute a waiver of that provision or any other rights or remedies available. A partial exercise of any right or remedy shall not prevent its further enforcement or the enforcement of any other right.


8. Governing Law and Jurisdiction
These Conditions of Sale, and any dispute or claim arising out of or relating to them, the sale of any lot, or any related transaction, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

Any legal action or proceeding arising from or relating to these Conditions of Sale shall be brought exclusively in the state or federal courts located in Cumberland County, Pennsylvania. By bidding at auction, you consent to the exclusive jurisdiction of such courts and waive any objection to venue or jurisdiction on grounds of forum non conveniens or otherwise.





9. Dispute Resolution and Arbitration


BSA encourages parties to attempt to resolve any disputes informally and in good faith. If a dispute cannot be resolved through informal means, the following terms apply:


Unless BSA elects otherwise in its sole discretion, any dispute, claim, or controversy arising out of or relating to these Conditions of Sale, the auction, or any lot sold or offered for sale shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted before a single arbitrator in Cumberland County, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be governed by the Federal Arbitration Act and applicable Pennsylvania law.


Nothing in this clause shall prevent either party from:


Seeking resolution in a small claims court located in Cumberland County, Pennsylvania, if the claim qualifies;

Pursuing injunctive or equitable relief in court for non-payment or to protect intellectual property, confidentiality, or security interests.


Consumer Opt-Out:


If you are an individual acting for personal, family, or household purposes (i.e., not as a business or dealer), you may opt out of arbitration by sending a written notice to BSA within thirty (30) days of registering to bid. The notice must include your full name, address, and a clear statement that you decline arbitration, and must be sent to:

Burd Street Auctions, 117 Burd Street, Shippensburg, PA 17257


Failure to opt out within the stated period will constitute your agreement to resolve disputes through binding arbitration as set forth above.