Auction Terms & Conditions
Conditions of Sale:
If you are placing a bid at any Lewis and Maese Auction then that constitutes the acceptance of the following conditions of sale:
1. All lots in any of our auctions are sold "As Is." No statement regarding condition, kind, value or quality of a lot, whether made orally at the auction or any other time, or in writing in our catalog or elsewhere, shall be construed to be an expressed or implied warranty or representation. Any such warranty is waived. Regarding works of Art, Lewis and Maese does not make any express or implied warranty as to the authenticity, history or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity. Any such warranty is waived.
2. The purchase price payable by a buyer will be the sum of the hammer price plus the buyer's premium as well as any applicable sales tax.
3. Lewis and Maese reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
4. Lewis and Maese reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the buyer. The auctioneer will have full discretion to determine the successful bidder should any dispute arise. The auctioneer will also have full discretion to reopen the bidding, cancel the sale or reoffer and resell the property. Should a dispute arise after the auction, our sale record is conclusive.
5. Although in our discretion we will execute absentee bids or accept telephone or internet bids, we are not responsible for failing to execute such bids or for any errors or omissions in connection with these bids. NO PHONE BIDS WILL BE SCHEDULED WITH VALUES LOWER THAN $500.
6. Some lots in our auction are subject to reserve bids. In no case will these bids be set above the minimum pre-sale estimate. Lewis and Maese will act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
7. Once the auctioneer's hammer has fallen, the title to the property passes to the buyer. At that point, the buyer assumes full responsibility for the property and shall promptly pay the full purchase price, unless other arrangements have been made in advance. The buyer will also be required to sign a confirmation of purchase. We reserve the right to impose a 15% late fee on the total purchase price if payment is not made within these guidelines. All overseas
purchases must be made with a wire transfer. We will not take credit cards for overseas payments.
8. No lot will be released to the buyer until payment in full has been made to Lewis and Maese including the buyer's premium and any applicable taxes or the buyer has satisfied any terms which have been agreed to prior to the auction. Payment must be received within seven business days from the date of sale. If payment has not been received within the seven day period and no other arrangements have been agreed to in writing, the buyer will be subject to storage and late fees to be determined by Lewis and Maese. These fees will not exceed $50.00 per day per lot.
9. Packing and handling of any and all purchased lots are at the entire risk of the buyer. We are not responsible for any acts or omissions in regard to handling, packing or shipping.
10. If the buyer fails to comply with and of the Conditions of Sale, we reserve the right to utilize any remedies available to us by law and/or:
A. Hold the defaulting buyer liable for the purchase price
B. Cancel the sale
C. Resell the property without reserve at public auction with seven day written notice to the defaulting buyer
D. Pay the consignor the amount equal to the net proceeds of the purchase price less the buyer's premium and taxes.
If we are forced to resell the property at public auction or purchase the property from the consignor the defaulting buyer will be responsible for the difference between the original purchase price and the final sales price. The defaulting buyer will also be responsible for any costs incurred by Lewis and Maese including: insurance, legal fees, administration, handling, storage, attorney's fees, commissions, incidental damages and any other costs relating to this transaction. If we agree with the buyer to cancel the sale, we will impose a charge equal to 15% of the total sales price, including buyer's premium.
11. All transactions will be governed and interpreted by the laws of the State of Texas and the Federal courts sitting in the State of Texas.
12. (Internet Bidders) Credit cards are not accepted for payment of purchases totaling more than $2,000 when purchasing online. Purchases totaling $2,000 or more are only payable by money order or personal check. Personal checks must clear the bank prior to release of merchandise.
Every lot offered for auction at this sale will have an estimated price range which reflects the opinions of our specialists. These estimates are based on what comparable items have sold for at recent auctions. They also reflect condition, rarity, quality and provenance (history of ownership).
Estimates are prepared well in advance and do not include any applicable taxes or buyer's premium. The estimates are subject to revision.
The reserve is the minimum price the seller is willing to accept and below which the lot will not be sold. The reserve is confidential, but will not exceed the low pre-sale estimate.
Buyer's Premium and Taxes
Please be reminded that the actual purchase price will be the sum of the hammer price plus the buyer's premium (In-Houses=19.5%, Online=20.5%) and State Taxes of 8.25%, plus any shipping charges.
Lewis and Maese's Interest in Consigned Property
Lewis and Maese generally offers property that is consigned by others for sale at private auction. On occasion, lots are offered for sale that Lewis and Maese or an affiliate company owns in whole or part. These lots will be offered with a reserve and identified with the symbol ^ next to the lot number.
Before the Auction
You are invited to attend a viewing for all our auctions held several days before the sale. You are encouraged to examine lots thoroughly and request condition reports on all lots you are interested in purchasing.
If you would like additional information on any particular lot or cannot attend the viewing, we will be pleased to provide you with a condition report. Please contact the administrative offices. Keep in mind, these reports are not a warranty, but opinion only.
If you are planning to bid or buy at our auction you must first register with our Registration Department in the saleroom. This must be done at least 30 minutes prior to the auction so that we may have time to enter your information into our system. This ensures rapid processing of invoices after the sale. You will receive a bidding paddle at this time. No bids will be taken by bidders unless they have received a paddle. If you are a new client of Lewis and Maese Auction Company, you will be asked to supply a major credit card or bank reference at this time.
All Lewis and Maese Auction Company are open to the public whether intending to purchase or not.
Property being auctioned will be in lot number order as shown in the catalog. The lot being sold will be displayed in the front of the room or on screen. The auctioneer will accept bids from those present in the room as well as absentee, telephone and internet bids.
The auctioneer will generally begin the bidding at a price less than the low estimate and will increase the bids in the following manner:
$0.00 - 1,000 in $100 increments
$1,000 - 3,000 in $200 increments
$3,000 - 5,000 in $200, $500 and $800 increments
$5,000 - 10,000 in $500 increments
$10,000 - 20,000 in $1,000 increments
$20,000 - 30,000 in $2,000 increments
$30,000 - 50,000 in $2,000, $5,000 and $8,000 increments
$50,000 + Auctioneers discretion
The above table is generally how bidding progresses. However, the auctioneer may choose to alter the increments at his discretion.
If you are unable to attend the auction, Lewis and Maese Auction Company can bid for you. We do not charge a fee for this service. You will simply pay the purchase price plus the buyer's premium and State Taxes. You will need to contact our Credit Management Department to arrange for this service.
If you are unable to attend an auction, you may bid in other ways. The most common is the absentee bid. Absentee bids are written instructions from you directing Lewis and Maese to bid for you on one or more lots. You will specify in on your Absentee Form the maximum amount you are willing to pay for each lot. Lewis and Maese will attempt to execute your absentee bid at the lowest possible price with consideration of the reserve price and other bids. If more than one bid is received for the same exact price, the first bid received by Lewis and Maese will take preference. Absentee bids are available in the back of this catalog or by calling our Customer Service Department at 713/880-0891. Lewis and Maese offers this service free of charge to our customers, but is not responsible for errors or failures to execute bids.
We do accept telephone bids for our auction. You will need to arrange this through our Client Services Department at least 24 hours prior to the auction. You will supply us with a telephone number where you can be reached and we will contact you during the auction. This service is only available on lots with an estimate of $1,000 or more. It should be noted, that we do not accept any responsibility for bids that we fail to execute. Moreover, we reserve the right to request a 30% deposit on any advance bidding.
All Lewis and Maese auctions are carried live through Ebay Live Auctions. You will be responsible for registering as a bidder on their website at www.liveauctioneers.com. The buyers premium for successful internet bidders is 20.5%. All bidding on the internet is in real time and will be accepted only during the actual auction.
Once the auctioneer's hammer has fallen he will announce and record the name or paddle number of the bidder. You will need to proceed to the Purchase Counter to pay in full for your item unless previous arrangements have been made with our Credit Management Department. If you are the successful bidder with a written bid, you will be notified the next day by telephone. The auctioneer may re-open bidding on any item at his discretion.
If any lots fail to reach the reserve then they will be "brought-in" or "passed" by the auctioneer and either offered for sale at a later auction or returned to the seller. It is possible to make after auction offers. Please contact the administrator who will be present at all auctions.
Payment and Collection of Property
Payments must be made to Lewis and Maese Auction Company within 7 working days of the auction. Once payments have cleared you will then be able to collect your property. Payments may be made with cash, check (corporate or individual) or most major credit cards. To avoid delay in collecting your property, you should supply a bank reference during registration. Lots may not be transferred and the successful bidder during the auction is solely responsible for payment to Lewis and Maese. Purchases made online through our website will be charged to the credit card registered when placing absentee bids.
All winning bid items must be paid and picked up by 5:00pm of the fith calendar day or the buyer will be responsible for any & all charges associated with storage, moving and/or the resale of your purchase. Unless prior arrangements have been made with Lewis & Maese, items not removed by the specified time will be picked up by a third party storage facility and the buyer will be responsible for any fees the third party requires to release the item. Please call ahead to ensure your items are ready when you arrive.
Before the Auction
If you are considering selling at one of our auctions, Lewis and Maese will gladly view your property and give you a verbal estimate of the auction value of your property. You may call our office to schedule an appointment or send us a clear photograph with any other pertinent information and we will contact you directly.
If you decide to sell your property, Lewis and Maese will supply you with a consignment agreement providing you with information and setting forth our fees and terms.
Once you have signed our Consignment Agreement we will arrange to photograph your property for our catalog. You will then receive a catalog including your item once they have been produced this usually occurs about four to six weeks prior to the scheduled auction date.
Within 72 hours of the auction you will receive notification of the final hammer price for your item. If the bidding failed to meet you reserve price, then you will be notified that your item was "brought-in" and arrangements will be made to return your property.
Approximately 35 days after the auction, you will be sent payment for your item and a statement itemizing commission and other expenses. Payment can only be made when Lewis and Maese has been paid by the buyer.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.