Auction Terms of Sale
By bidding at our auction, whether in person, by phone, absentee bid, or on the internet, you agree to be bound by the following terms and conditions. As used in the following terms and conditions, Carlyle Galleries International, Inc. "CGI "Carlyle Auctions" We, and Us refers to Carlyle Galleries, International, Inc., a Wyoming Corporation doing business in the State of California.
ALL ITEMS SOLD "AS IS - WHERE IS":The items offered for sale by are offered either as agent for consignors or by us as owner. The contract for sale of the items is made therefore between the consignor of the property and the buyer. In cases where we own the property, the contract for sale is made between us and the buyer. Bidders should personally examine each lot on which they will be bidding, in order to determine condition, size, and restoration or repair. All items are sold as-is and where-is. CGI disclaims any express or implied warranties or guarantees as to the authenticity, condition, merchantability, fitness for a particular purpose, correctness of the catalog or supplemental material, or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property. No statement made anywhere, by us, our employees, officers, or agents, whether written or verbal, shall be deemed such a warranty or assumption of liability.
Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purposes. Photographic images of items being offered, whether provided in print or online, as well as references in the catalogue entry or condition report to damage or restoration are for guidance only and are provided as a convenience to prospective bidders.
The absence of any reference in a condition report or photograph does not imply that an item is free from defect or restoration, nor does a reference to particular defects imply the absence of any others. Neither CGI nor its consignors are responsible in any way for errors and omissions in the catalogue, condition reports, or any other supplemental material. All sales are considered final.
Carlyle Galleries, Inc. and its auctioneer have the right at our absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as we may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. We reserve the right to reject any bid. Subject to our discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and conclusion of a contract for sale between the seller and buyer.
“Virtual Consignments”:Lots Marked "V"
Lots marked V in the Lot description have been consigned to us by the seller, but are not in our physical possession.
We have received contractual assurances from the Seller that the Seller will release the lot(s) to us, and or the buyer directly, within five (5) to seven (7) calendar days from being notified that CARLYLE has received full payment in cleared funds. In the event the Seller fails to release the lot(s) to the buyer in breach of the Seller’s contractual assurances, and the Seller has not rectified his/her/its breach following written notice by CARLYLE to do so within fourteen (14) calendar days from the date of such notice, CARLYLE shall refund the buyer the full amount paid in relation to the lot(s), the contract for the sale and purchase of the lot(s) shall be at an end, and the buyer shall have no further claim against either the Seller or CARLYLE including but not limited to any claim for loss or damage (whether direct or indirect or foreseeable), cost or expense (included but not limited to legal fees or expenses). You acknowledge that our and your ability to conduct due diligence on lots is limited, and you accept that when bidding and/or buying a lot on the Site, you rely on information provided by the Seller. Notwithstanding the foregoing, we shall exercise reasonable care when describing a lot on the Site in light of (i) the information provided to us by the Seller; (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case as is reasonably available to CARLYLE at the time of the sale taking into account the number of lots posted by Paddle8 on the Site and the limited amount of time available to CARLYLE to post such lots.
PAYMENT TERMS:ALL ITEMS MUST BE PAID FOR WITHIN 7 DAYS OF AUCTION. If you do not pay for an item by the close of business on the third day, your transaction/bids will be cancelled and times will be re-offered. Negative feedback will be left on liveauctioneers.com, and related auction sites. Non-paying bidders, and or their affiliates will be will be barred from bidding in our auctions. All property must be removed from our premises by the purchaser at his expense not later than 7 business days following its sale and, if it is not so removed (i) a handling charge of $25 per day 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 by the purchaser, 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 (x) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or (y) resell the purchased property, whether at public auction or by private sale, or (z) effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all 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 payment made by the purchaser to us, whether 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. In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, and we may retain and apply such property or money as collateral security for the obligations due to us. We shall have all of the rights accorded a secured party under the California Uniform Commercial Code. Payment will not be deemed to have been made in full until we have collected good funds, and we shall be entitled to retain items sold until all amounts due to us have been received in full in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require. In the event the purchaser fails to pay any or all of the total purchase price for any lot and CGI nonetheless elects to pay the Consignor any portion of the sale proceeds, the purchaser acknowledges that CGI 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. Payments Include Wire Transfer, Check, PayPal, and All Major Credit Cards. A 3% service charge will be applied to all credit card/paypal transactions.
SALES TAX:All residents of California are subject to a California State Sales Tax rate of 9.0% unless a valid CA State sales tax exemption certificate is presented before the sale or if the item is shipped to another location out of California. Buyers may be subject to local Use Taxes in their home state, and it is the responsibility of buyers to know, and comply with their local tax laws.
SHIPPING:Shipping is the sole responsibility of the buyer. Carlyle Galleries International, Inc. does not ship items. In the event we offer to to package and ship an item at the request of the purchaser, the purchaser agrees that packaging, shipping and handling is the absolute risk of the purchaser. The purchaser will pay all costs including, but not limited to, the handling and insurance associated with shipping. CGI will be held harmless from any claim and any rights of subrogation from an insurance carrier are waived against CGI. We are not responsible for the acts or omissions of third parties whom we might retain for the purposes of handling, packing and shipping. Similarly, where we may suggest handlers, packers or carriers, we do not accept responsibility for their acts or omissions. We are under no obligation to assist in applying for an export license, but if the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer where payment is made by the buyer in circumstances where an export license is required.In no event will our liability to a purchaser exceed the purchase price actually paid.
We reserve the right to retain, publicize, and publish any photographs and descriptions of property we offer both prior to the auction and afterwards. We reserve the right to publicize and provide the results of any sale, including images, on our own website as well as to any third party we choose, including online auction-result databases. All images, text, photographic reproductions, and design in this catalogue are subject to copyright and may not be reproduced without our explicit written permission. 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 in any property.By bidding at an auction, whether present in person or by agent, order bid, telephone or other means, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of California. Any and all of the conditions may be waived or modified in the sole discretion of Carlyle Galleries International, Inc.