The Holiday Sale

The basic terms of this auction are quite simple.  I list items from my personal collection that have been acquired over the past 50 years, provide them with the best and most accurate description I can, and then provide an auction estimate based on similar items of the same quality previously sold at other auctions.  I then list a minimum bid amount for each piece and if you wish, bid accordingly.  If you are the winning bidder, you will be sent an invoice for all items purchased, including a 5% buyers premium will be professionally packed or crated and either shipped or made available for pick up.

Now, nothing is ever quite as simple as it seems, so below are the full set of terms and the entire agreement.

TERMS AND AGREEMENT

These general conditions, hereinafter known as The Agreement, together with the special notices regulate the sale at auction and/or private negotiations of the lots offered by The Scanlan Collection, hereafter known as TSC.  All lots put up for auction are the personal property of TSC, who guarantees complete availability and legitimate and legal provenance. TSC guarantees the authenticity of each lot offered in the catalogue, without hidden defects unless otherwise stated in the catalogue. Any indication of the state of preservation of the lots is not to be considered binding.

This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By participating in the auction, Buyer affirmatively represents and acknowledges that he or she has read and understood the terms and conditions of sale set forth herein, and agrees to be bound by the same.

THE PROPERTY

The property offered and sold through TSC public auctions, hereinafter known as the Property, shall be offered and sold pursuant to the terms and conditions set forth below, hereinafter the Agreement. 

QUALIFIED BUYERS

All prospective buyers using the BidSquare platform must submit their registration for pre-approval no later than two business days prior to the commencement of the auction to participate in the auction as a qualified bidder, hereinafter the Bidder.  TSC shall not be responsible for bids submitted after this deadline, however may try to make accommodations to qualify a buyer.  TSC shall not be responsible for failing to execute any bids, or errors relating to its execution of such bids, whether by human, mechanical or electronic means. The decision of TSC declaring the successful Bidder is final. A credit card (VISA, MasterCard, American Express) is required for all bidding, however other forms of payment include PayPal and Wire Bank Transfers.

HIGHEST BIDDER. 

The highest bidder of any lot, hereinafter the Buyer, shall be determined by the BidSquare auction functionality.  In the case of a disputed bid, TSC shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or re-offer the Property for sale. TSC shall have sole discretion to refuse or acknowledge any bid or bidder.  Once Property has been declared ‘SOLD’, Buyer assumes all risks and responsibilities for the Property and agrees to pay the full price upon such terms as TSC may require.

This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By participating in the auction, Buyer affirmatively represents and acknowledges that he or she has read and understood the terms and conditions of sale set forth herein, and agrees to be bound by the same.

PROPERTY SOLD AS IS

All Property is sold as is, where is, and with all faults, known or unknown.  TSC makes no guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalogue or any other description of the Property and In no event shall TSC be responsible for the correctness, nor be deemed to have made any representation or warranty, of description or condition of the Property.  No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation.  

ALL SALES ARE FINAL

Under no circumstances shall TSC accept goods returned from Buyer unless expressly agreed upon in writing by both Buyer and TSC in advance.

HIGHEST BIDDER. 

The highest bidder of any lot shall be determined by the BidSquare auction functionality and will be considered the Buyer.  In the case of a disputed bid, TSC shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or re-offer the Property for sale. TSC shall have sole discretion to refuse or acknowledge any bid or bidder.  Once Property has been declared ‘SOLD’, Buyer assumes all risks and responsibilities for the Property and agrees to pay the full price upon such terms as TSC may require.

COMMISSION

On all sold lots, a commission of 5% on the hammer price is payable by the buyer. Payment is accepted by PayPal, Credit Card, or Wire Transfer (Bank transfer). All payments must be made in US Dollars within 7 days of purchase date. Sales tax will be added to purchases where applicable.  All forwarding and handling charges will be added to the purchase price, but will not be charged the 5% commission fee. Contact us for more information.

PAYMENT 

Payment shall be made within 5 business days of the close of auction. TSC reserves the right to request immediate payment for an individual lot as well as a completed invoice. Buyer shall be required, at the time the purchase is paid, to pay any state and local sales taxes, unless legal documentation is on file with TSC exempting Buyer from such payments.   Accepted forms of payment include:  PayPal; Credit cards Visa, MasterCard, American Express; and Bank Wire Transfer.

COPYRIGHT AND REPRODUCTION

The copyright in all images, illustrations and written material produced by or for TSC relating to a lot or to a specific contents of this catalogue, is and shall remain at all times the property of TSC or the rightful owner of the copyright and shall not be used by the buyer, nor by anyone else, without prior expressed written consent of TSC or the copyright owner.

INSPECTION OF GOODS AND CONDITION REPORTS

Since TSC is conducting this auction online only, there is no pre-auction inspection, however condition reports and additional information may be requested by Bidders up to 24 hours prior to the auction.   It is expressly noted all information and condition reports are rendered as specialist opinions by the staff of TSC and/or independent consultants.   As such,  no guarantee concerning the content of written or verbal condition reports should be considered as statements of fact.  Buyer further acknowledges that no statement made at any time, whether oral or written, by the auctioneer or staff, shall constitute an express or implied warranty or representation.  Additionally, the absence of a condition report does not imply that there are not condition issues with the lot.  Unless otherwise noted, all lots show conditions appropriate with their age and use and may not be in perfect condition.  Please call us at 510.755.3858 or e-mail us at info@thescanlancollection with any questions about this lot at least 24 hours prior to auction.

RESERVES 

Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot and will be determined at the absolute discretion of TSC.  

WITHDRAWAL OF PROPERTY

TSC reserves the right to withdraw any item at any time for any reason during the auction prior to the completion of the auction.  No Bidder shall have any recourse against TSC for any reasons whatsoever should an item be removed from an auction prior to completion of the auction.

COMMISSION

On all sold lots, a commission of 5% on the hammer price is payable by the buyer. Payment is accepted by PayPal, Credit Card, Wire Transfer (Bank transfer). All payments must be made in US Dollars within 7 days of purchase date. Sales tax will be added to purchases where applicable.  All forwarding and handling charges will be added to the purchase price, but will not be charged the 5% commission fee. Contact us for more information.

PACKING AND SHIPPING

Once full payment for the purchased item has been received, TSC will notify buyer of the approximate packing/crating and domestic shipping charges for all lots, typically within three business days of sale.  Once approved by Buyer, the item(s) will be professionally packed/crated.  Once packing and shipping costs are established, Buyer shall pay all charges prior to their release.  TSC will make arrangements to tender small shipments to an approved carrier, typically The UPS Store.  Larger items requiring crating will be crated and prepared for transport and held for pick up at the location of the crating company by an approved carrier choice of the buyer.  Once tendered for transportation to either The UPS Store or the buyer’s designated carrier, TSC shall have no liability whatsoever for any damages or losses resulting from the transportation of any said item(s) and all responsibilities are between The UPS Store and the buyer or the approved carrier and the buyer. 

Once packing/crating charges have been paid for all International shipments, the items will be held at the packing/crating facility and are the full responsibility of the buyer to arrange transportation.  In addition, all  costs and charges associated with import/export customs,  duties, and taxes for said items are the complete responsibility of the Buyer. An invoice stating the actual purchase price will accompany all international purchases.  For additional information or pre-auction estimates, contact us via email at michael@thescanlancollection or via phone at 510.755.3858.

IMPORT/EXPORT RESTRICTIONS. 

Certain properties sold at auction may be subject to laws governing export from the United States, including material from endangered species. In addition, certain countries may have additional Import restrictions from foreign countries. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property.

TAXES 

All purchases are subject to The State of California Sales Tax unless the Buyer possesses a California sales tax exemption number and has presented it to TSC prior to the auction. Exemption numbers from other states are accepted in California if presented with a business card or letterhead prior to the auction. Buyer is responsible for any and all tariffs, taxes and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyers country. No California State Sales Tax  tax is charged for purchases shipped out of state.

GOVERNING LAW

These conditions of sale shall be governed by the laws of the State of California (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against TSC in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the State of California or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.

This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By participating in the auction, Buyer affirmatively represents and acknowledges that he or she has read and understood the terms and conditions of sale set forth herein, and agrees to be bound by the same.

LEGAL REMEDIES

Should any action be brought to enforce any of the terms and/or conditions set forth in this document, the prevailing party shall be entitled to all court costs and actual attorney's fees incurred.

AMENDMENTS TO TERMS AND CONDITIONS. 

No amendment or modification of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing and signed by all the parties to this Agreement.