TERMS & CONDITIONS
All Elite Auctioneers, LLC sales are governed by these Terms and Conditions. Please read and review them fully before placing any bids. By registering to bid or submitting a Bidder Registration Form, you agree to be bound by these Terms and Conditions. If you do not understand or do not agree to these Terms and Conditions, do not register to bid. Questions may be directed to info@eliteauction.com or by phoning the gallery at 561-931-2820.
Elite Auctioneers, LLC (the "Gallery") as Agent
The lots listed in this catalog are offered by Elite Auctioneers, LLC (the "Gallery"), as owner or as agent for the consignor(s), subject to the following Terms and Conditions. By bidding, you agree to be bound by these Terms and Conditions.
Prior to Sale
Buyers are strongly advised to personally examine any lot of interest prior to the auction. Condition reports are provided in the lot description only when requested in writing by email to the Gallery. Additional information or photographs may be requested from the Gallery. All lots are sold "As Is" and "Where Is," without recourse, except as expressly stated herein.
No Warranties; Exclusions
All information in the catalog concerning authenticity, attribution, provenance, age, condition, or origin is a statement of opinion only and is NOT guaranteed by Elite Auctioneers, LLC. Buyers must complete all research prior to the sale. Buyers may request additional photographs to submit to independent experts for authenticity purposes. All items are sold "As Is."
Without limiting the foregoing, the Gallery makes no representation or warranty of any kind with respect to: any lot described as "Attributed to," "After," "In the manner of," or "Style of"; any lot described "As Is"; typographical errors; wear on furniture; flakes, surface scratches, or manufacturing flaws in glass or ceramics; the condition of artwork frames; or the working condition of watches, clocks, electronic or mechanical devices of any sort, including whether any such item is free of defects, restorations, or replaced parts.
All measurements are approximate. The Gallery makes no warranties, express or implied, as to merchantability or fitness for any purpose. The absence of a condition statement does not imply that a lot is in good condition or free of wear, defects, or the effects of aging. No statement, whether written or oral, made in the catalog, any advertisement, invoice, gallery posting, announcement, or comment by the auctioneer or otherwise, shall be deemed to create any warranty or assumption of liability except as expressly stated herein.
Elite Auctioneers, LLC makes no warranty that a buyer acquires any copyright, trademark, or reproduction rights in any lot purchased. Elite Auctioneers, LLC reserves the right to reproduce any image of any lot sold at auction.
During Sale
Admission to the Gallery: Elite Auctioneers, LLC reserves the right, in its sole discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Bidder Registration: Prior to bidding, a prospective buyer must complete a Bidder Registration Form and provide proof of identity and credit information. By registering to bid, you agree to be bound by these Terms and Conditions.
Bidding as Principal: Any bidder placing a bid accepts personal liability to pay the purchase price, including the buyer's premium and all applicable taxes and fees, unless otherwise agreed in writing by the parties prior to the auction.
Phone Bids: Phone bidders must register with the Gallery by 4:00 PM EST on the day of the auction. The Gallery will make all reasonable efforts to contact the bidder prior to the sale of the lot of interest. The Gallery accepts no liability for failure to reach the bidder or for any errors or omissions in connection with phone bids.
Absentee Bids: Absentee bidders must register with the Gallery by 4:00 PM EST on the day of the auction. The Gallery will make all reasonable efforts to execute absentee bids. The Gallery accepts no liability for failure to execute any bid or for any errors or omissions in connection with absentee bids.
Deposits: Phone and absentee bidding may require a refundable deposit of up to 25% of the high estimate of the item being bid on. Deposits will be refunded after the auction to any bidder who did not win the item. If a winning bidder does not make payment in full within five (5) days after the auction, Elite Auctioneers, LLC shall have the right to charge the bidder's credit card on file for the remaining balance due, plus an additional 3% credit card fee on that balance.
Online Bids: The Gallery makes all reasonable efforts to execute online bids. The Gallery accepts no liability for equipment failure, inability to access the internet, or software malfunctions related to the execution of online bids.
Reserve: Some lots are subject to a reserve, a confidential minimum sale price requested by the seller. The reserve will not exceed the low estimate. The auctioneer, in his sole discretion, may open bidding on any lot below the reserve and may bid on behalf of the seller up to the reserve. On lots with no reserve, the auctioneer will generally open bidding at one half of the low estimate.
Auctioneer's Discretion: The auctioneer may, in his sole discretion, refuse any bid, advance the bidding, or withdraw any lot. In the case of an error or dispute during or after the auction, the auctioneer may, in his sole discretion, determine the successful bidder, continue the bidding, cancel the sale, or re-offer the item in dispute. In the event of a dispute after the sale, the Gallery's record is conclusive and binding on all parties.
Winning Bid: The winning bid is the highest bid acknowledged by the auctioneer. In the event of a tie bid or a dispute between bidders, the auctioneer, in his sole discretion, will determine the successful bidder or re-offer the item. Risk of loss passes to the winning bidder upon the auctioneer's acknowledgment of the winning bid; title passes to the buyer only upon receipt by the Gallery of payment in full.
Post Auction
Buyer's Premium: In addition to the hammer price, the buyer agrees to pay Elite Auctioneers, LLC a buyer's premium of 28%, plus applicable Florida sales tax and shipping (as applicable). An additional premium is assessed to online bidders; please refer to the individual bidding platform's terms and conditions for additional premium charges. The successful bidder's invoice will reflect the total buyer's premium assessed by Elite Auctioneers, LLC and the online platform, applicable Florida sales tax, and shipping (as applicable).
Payment: The buyer shall make payment in full (including hammer price, buyer's premium, applicable taxes, and shipping) within three (3) business days following the auction. Payment must be in U.S. dollars. Payment may be made by cash, personal check, money order, cashier's check, wire transfer, or major credit card (for purchases under $1,500). Elite Auctioneers, LLC reserves the right to hold merchandise paid for by personal check until the check has cleared. The buyer agrees to pay Elite Auctioneers, LLC a handling fee of $50.00 for any check dishonored by the buyer's bank.
Packing and Shipping: The Gallery does not provide packing or shipping of items won at auction. Elite Auctioneers, LLC can supply names of referred third-party packers and shippers. The Gallery is not responsible for the acts or omissions of any third-party packers or shippers, whether or not referred by the Gallery. Items must be picked up by the buyer, or the buyer's agent, within ten (10) calendar days following the auction. Pick-up hours at the Gallery are Monday through Friday, 10:00 AM to 4:30 PM (EST). Items not picked up within ten (10) days will be placed in storage at a fee of $10.00 per item per day. All international customs, duties, and other tariffs are the responsibility of the buyer. The Gallery and all third-party shippers will declare the selling price as the value in all cases. In the event a purchased item cannot be delivered in the same condition as at the time of sale due to damage, theft, loss, or mis-delivery, Elite Auctioneers, LLC shall not be liable for any amount in excess of the amount paid by the buyer. Please be aware that items not picked up or shipped within thirty (30) days following the auction will be deemed abandoned and forfeited to Elite Auctioneers, LLC, without refund.
Non-Payment: If payment in full is not received from the successful bidder in good and clear funds within the payment period stated above, the Gallery may, in its sole discretion, exercise one or more of the following remedies in addition to any other remedy available at law: (1) impose a late fee of one and one-half percent (1.5%) per thirty (30) days on the total invoice amount; (2) cancel the sale; (3) resell the item on such terms as the Gallery finds appropriate and hold the buyer liable for any deficiency; (4) bar the bidder from bidding at future Elite Auctioneers, LLC auctions; (5) charge the bidder's credit card on file as provided above; and/or (6) take such other actions as deemed necessary or appropriate.
Firearms
Elite Auctioneers, LLC sells only antique firearms as defined by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Due to firearms regulations, all handguns, pistols, and revolvers will be shipped or delivered only to a person who holds a Federal Firearms License or a Curios and Relics License. Handguns, pistols, and revolvers may be picked up at Elite Auctioneers, LLC only by a person holding a Federal Firearms License or the proper Florida handgun permits, which must be shown and logged at the time of pick-up. There are no exceptions. All licenses presented must be originals. Firearms will not be sold or shipped internationally.
Governing Law
The laws of the State of Florida shall govern all auctions conducted by the Gallery. Any dispute arising in connection with the auction and/or any auction purchase, and all Terms and Conditions set forth herein, shall be governed by and construed in accordance with Florida law. Bidders and successful bidders agree to submit to the jurisdiction of the courts of the State of Florida, with venue in Palm Beach County, Florida, with respect to any dispute arising in connection with the auction and/or any auction purchase. In the event the Gallery brings an action to enforce these Terms and Conditions and/or to collect any sum due and owing to it, the Gallery shall be entitled to recover, in addition, its reasonable attorneys' fees, collection agency fees, and costs of suit.
Limitation of Liability
The Gallery acts only as an agent for the consignor and in no event shall be liable for any breach or default by the consignor or for any representation made by the consignor to the Gallery.
Severability and Waiver
If any provision or portion of these Terms and Conditions is deemed unlawful, void, or unenforceable under applicable Florida law, that provision or portion shall be stricken and severed, and the remaining provisions shall remain in full force and effect. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of the right to enforce that or any other provision.
Assignment
Unless the Gallery agrees in writing, bidders and buyers may not assign their rights or obligations relating to any auction or sale by the Gallery.
Modifications
These Terms and Conditions may not be changed or modified except in a writing signed by both the Gallery and the buyer.