Terms & Conditions
GUARANTEE:
Garth’s Auctions, Inc. continues to be committed to providing thorough descriptions that reflect our belief in service through honesty, integrity and attention to detail. Garth’s Auctions, Inc. guarantees the authenticity of origin as stated in the first bold line of the catalogue description, with the exception of amendments by any oral or written notices or announcements at the time of the auction. “Origin” is defined as the creator, period, culture, or source, as set forth in the first bold line of a lot in the catalog. Exclusions – Notwithstanding any other provision of these Terms of Guarantee, Garth’s Auctions, Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Garth’s does not guarantee the authenticity of any item created before 1500. Regarding all jewelry, all weights, grades, sizes, and metal content(s) are approximate. Regarding colored stones: purchasers are reminded that colored stones and diamonds may be enhanced by using one or more techniques, including but not limited to: clarity enhancements, resins, and heat treatment. Garth’s makes no warranty express or implied to the buyer as to whether a natural stone has been enhanced. Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, express or implied. Each and every lot is sold “as is”.
BUYING FOR OUR ACCOUNT:
The owners and employees of Garth’s Auctions, Inc. never have, nor ever will buy any item at our auction for ourselves.
LIABILITY:
Garth’s Auctions, Inc. guarantees the authenticity of origin of a lot for a period of twenty-one days from the date of the auction and only to the original purchaser of record at the auction. If it is determined to Garth’s Auctions, Inc.’s satisfaction that the first bold line is incorrect, the sale will be rescinded provided the lot is returned to Garth’s Auctions, Inc. in the same condition in which it was at the time of the auction. It is also Garth’s Auctions, Inc.’s policy to have the purchaser obtain, at the purchaser’s expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Garth’s Auctions, Inc. and the purchaser, before Garth’s Auctions, Inc. determines whether to rescind the sale under the above guarantee. The purchaser’s sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Garth’s Auctions, Inc. accepts no liability of any kind for an item after the gavel has fallen.
WITHDRAWN LOTS:
Garth’s Auction, Inc. reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property.
SUCCESSFUL BIDDERS:
The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer’s gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot.
DISPUTED AND REJECTED BIDS:
The auctioneer reserves the right to re-open the bidding on the disputed lot. The auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item’s worth. We make every attempt, for the benefit of both seller and buyer, to create lots that reflect the quality of our cataloged merchandise. Therefore, any lot not receiving an opening bid of at least $50.00 will be passed.
ESTIMATES & RESERVES:
Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Garth’s Auctions, Inc. The reserve will not be higher than the low estimate.
DEFINITIONS OF STATEMENTS:
a) “Attributed to” – work is of the period of the named artist and may be the work of that artist, but not definitely so.
b) "In the manner of" - of the period and having strong association with artist's style and/or body of work.
c) “Circle of” – work of the period closely associated with the artist or from his studio.
d) “School of” – work by a pupil or follower of the artist, in his style.
e) “After” – in our opinion, a copy of the work of the artist.
f) “Signed” – has a signature that in our opinion is the signature of the artist.
g) “Bears signature” – has signature that in our opinion might be the signature of the artist.
PREVIEWS:
We encourage our clients to come and examine the items before each auction. Preview times are listed in the forward of each catalog. The stage is closed during the auction.
CONDITION REPORTS:
Absentee bidders should call for an updated condition report. This report supersedes the catalog description. Our staff will take a list of the items you would like examined and give you a time to call back for a detailed report. Photographs are also available for a nominal fee. Email condition@garths.com.
ABSENTEE BIDS:
Garth’s Auctions, Inc. accepts absentee bids including internet bids. These bids are given to an experienced bidder to execute competitively. All absentee items are purchased as inexpensively as possible. Although our absentee bidding system is 100% honest, it is not foolproof and Garth’s Auctions, Inc. is not responsible for failing to execute any absentee bids. A $50.00 minimum bid is required on all lots. Absentee bids must be submitted in (a minimum of) $5.00 increments. Increments less than $5.00 will not be observed. Garth’s Auctions, Inc. also accepts telephone and live auction internet bids. For phone bidding it is to your advantage and we strongly recommend placing a “back up bid”.
BIDDING INCREMENTS
Absentee and saleroom bidders should be aware of the following bidding increments,
to which our auctioneers adhere:
$0-500 $25
$500-1,000 $50
$1,000-3,000 $100
$3,000-5,000 $250
$5,000-10,000 $500
$10,000-30,000 $1,000 or Auctioneer’s discretion
$30,000-50,000 $2,500 or Auctioneer's discretion
$50,000-100,000 $5,000 or Auctioneer's discretion
$100,000-300,000 $10,000 or Auctioneer’s discretion
$300,000-500,000 $25,000 or Auctioneer’s discretion
$500,000 & up Auctioneer’s discretion
BUYERS PREMIUM:
A buyer’s premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer’s premium (for bids made in person, or absentee bids placed through Garth's office, or by phone, fax or email) is 20% of the successful bid price of each lot up to and including $250,000, and 12.5% on any amount in excess of $250,000. Note* Buyer's Premium for all bidding through garthslive.com, invaluable.com, liveauctioneers.com, or any other online bidding service is 25% of the successful bid price of each lot up to and including $250,000, and 17.5% on any amount in excess of $250,000.
SALES TAX:
Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Garth’s Auctions, Inc. before any exemption can be made.
PAYMENT:
Garth’s Auctions, Inc. accepts cash, personal and certified checks or VISA® and MasterCard® as payment for items purchased. Current identification (valid driver’s license) may be required. Garth's accepts payment in USD only; any currency-conversion fees are at the expense of the buyer. Wire transfer information is available by contacting our office. Items may not leave the premises until payment is made. Garth’s Auctions, Inc. reserves the right to hold merchandise until a check has cleared. A fee of $50 will be assessed on all returned checks. If payment has not been initiated within 10 days after the auction, Garth's reserves the right to charge the credit card on file. A fee of 1.5% per month of the total invoice, in addition to storage charges, will be charged (minimum finance charge $10) on all invoices not paid by the 28th day after the auction.
SHIPPING:
Clients are invited to pick-up purchased items at our auction location during regular business hours or have items shipped by a company of their choosing. Should you require shipping assistance, please call us for a list of suggested shipping contractors. If you plan to pick-up your items, please let Garth's know as soon as possible, so that we may have items accessible for you. Purchasers utilizing shipping services will be charged by the company selected for packing, handling, postage and insurance. Garth's Auctions, Inc. is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. *Note: Regarding the shipment of firearms: please be aware that many restrictions apply to the international shipment of firearms, antique or otherwise. Ivory cannot be shipped outside of the USA. Your winning bid will not be canceled, rescinded, or retracted due to an international shipping limitation. It is your responsibility to resolve shipping issues PRIOR to bidding in this (or any other) auction.
STORAGE:
Due to limited storage space for sold items, Garth's Auctions, Inc. requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. A notice of 24 hours must be given before items are picked up. Garth's Auctions, Inc. reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Garth's Auctions, Inc., be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk.
ONLINE BIDDING:
Garth’s Auctions, Inc. may offer online bidding on specific catalogued auctions. For availability and online bidding policies visit our auction listing at www.garths.com.
FIREARMS:
Garth’s Auctions, Inc. follows all Federal Firearms Regulations.
ACCEPTANCE OF TERMS:
Bidding on any item indicates the bidder’s acceptance of the terms and conditions of Garth’s Auctions, Inc.’s policy. We would like to thank you for your interest and participation. Garth's takes our responsibilities to buyers and sellers very seriously. We appreciate an opportunity to build a relationship with you. Please call to discuss specific questions.
OTHER INFORMATION FOR OUR CUSTOMERS
CONSIGNMENTS:
Garth’s Auctions, Inc. will assist you by selling one item, a collection or an entire estate. For consignment inquiries and appointments call one of our representatives: Jeff Jeffers, Jeffrey Spear, Jeff Whittington, or Scott Reid. Garth’s Auctions, Inc. is also licensed to sell real estate.
TRUSTS AND ESTATES:
Garth’s Auctions, Inc. often works with bankers, trust officers, lawyers and others with the responsibility for dispersing estates. We will work with you and your representative to discuss you estate planning needs.
APPRAISALS:
Garth’s Auctions, Inc. provides appraisal services for insurance, estate tax, family division or other purposes.