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Conditions of Sale

TERMS AND CONDITIONS

1. Advance bids in the mail or over the phone must be accompanied by a cashier's check for the full amount of the bids. Any over payments will be refunded by return mail on the week following the sale.

2. Terms: We accept cash, cashier’s check, credit card, and PayPal. All purchases paid by credit card or PayPal will incur a 3% convenience fee. Invoices will be issued within a business day following the close of the auction. All purchases must be paid for within 3 business days.  

3. While auctioneers have endeavored to catalogue and describe the property correctly, all property is sold "as is" and neither the auctioneer nor its consignor will be responsible for the description, authenticity, genuinesness, provenance, or condition of the property. No statement contained in the catalogue or made orally at the sale or elsewhere shall be deemed to be such a warranty or representation or an assumption of liability.

4. Auctioneer reserves the right to withdraw any item at any time before the sale.

5. The highest bidder observed by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resale the article in dispute. If any dispute arises after the sale, Auctioneers' sale record shall be conclusive as to who was the purchaser, the amount of the highest bid, and in all other respects.

6. If the Auctioneer, in his sole and final discretion, decides that any original bid is not commensurate with the value of the article offered, or having acknowledged an original bid, that any advance thereafter is not sufficient in amount, he may reject the same. Clements shall act to protect the seller's reserve as Agent of the Seller by bidding through the Auctioneer. The Auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The Auctioneer may continue to bid on behalf of the Seller up to the amount of the Reserve, either by placing the consecutive bids or by placing bids in response to other bidders. 

7. No properties purchased during auction may be removed prior to end of session. Unless special arrangements have been made, all Purchases must be removed from the premises following the sale. After this period, Auctioneer will not be responsible for lost or damaged merchandise and no refunds will be made if lost or damaged.

8. If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Clements shall not be liable for any amount in excess of that paid by the purchaser.

9. Shipping: Buyer is responsible for all packing/shipping costs of items won at auction. All purchases will need to be removed from the gallery within 20 days of the auction date. After 30 days, items are subject to being sold at no reserve to cover storage fees.

10. Buyer’s Premium: Gallery Auction - A 22% Buyers premium will be added all personal property goods as part of the purchase price. Real Estate Auction - A 10% Buyers premium will be added as part of the total purchase price.

11. International bidders and invoices that exceed $10,000 must pay with wire transfer.

12. All Jewelry purchases must be paid by cash or wire transfer

13. Real Estate:10% down payment, non refundable, paid day of sale. Earnest money may be cash, wire transfer, or check accompanied by bank letter of guarantee. Earnest made payable to Clements Real Estate and Auction, LLC. Successful bidder will sign a real estate sales contract and any other forms as required by law. Closing shall take place within 30 days of auction, with purchase price paid in full. All real property sells as-is, where is, with no warranties either written or implied.

TAL #1370 #6223