Conditions of Sale

The following are the TERMS OF SALE for bidding in Live Auction, Sunday, December 25 2016.

TIMED AUCTION will start at 12 p.m. MT, 2 p.m. EST, 11 a.m. PST - ABSENTEE BIDDING ONLY. Please note, our offices will be closed during this auction. If you require immediate assistance on the day of the auction, please call Teresa Dodge at 720-936-4282.
Once registered for our timed auction, place your bid by entering your maximum bid - the highest hammer price you would be comfortable paying for the item. From there, Invaluable will place incremental bids on your behalf to ensure you remain the highest bidder up to your maximum bid. If two equivalent maximum bids are submitted, the first bid received will win the lot. Monitor your bids in your member dashboard on the My Bids page or via email. If you are outbid, you will be notified and have time to increase your bid before the auction closes.

Please read the following "Terms of Sale" carefully. These terms are applicable to all bidders in this auction, collectors and dealers alike. Please do not bid in this auction if you do not agree to all the terms listed below. Your submission of bids in this auction constitutes your acceptance of these "Terms of Sale."

1. All items in this auction have been legally acquired, are legal to sell, and guaranteed to be as described or your money back.

2. This is an auction sale, not an approval sale. By bidding in this auction, the bidder personally guarantees payment. The auctioneer has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.

3. HIGH and LOW ESTIMATES are provided for each lot for reference only.

4. No lots will be released until payment in full has been made. Payment (in U.S. funds) may be made via personal check or money order, via credit card (MasterCard, Visa or Discover), PayPal or Bank Wire Transfer. For PayPal payments please use "[email protected]" email address for processing payments.

5. BUYER'S PREMIUM: A 24.5% Buyer's Premium will be added to the final price of each lot purchased through Artemis Gallery LIVE and will be paid by all bidders without exception.

6. CO SALES TAX: Appropriate Colorado Sales Tax will be added to all invoices, unless a valid CO seller's permit is on file with Artemis Gallery/Artemis Gallery Live prior to any bidding in the auction. Items shipped outside of CO (United States or international) are also sales tax exempt.

7. RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, WE MUST HAVE WRITTEN NOTIFICATION OF RETURN WITHIN TWO BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by FedEx, UPS or USPS tracking data, and the item must be received by us within ten days in the condition received. A written letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. Return shipping is at the bidder's expense. In no event, may any lot(s) be returned after fifteen (15) days from the date of the auction. As of January 8, 2017, ALL SALES ARE FINAL.

8. BIDDING will be conducted ONLINE ONLY as the auction progresses. Bidders may place their bids by leaving ABSENTEE BIDS via the Invaluable auction catalog. Please keep in mind that this is an online timed auction and Phone Bids will not be accepted

9. SHIPPING: As a convenience to our buyers, all shipping services are handled in-house. All buyers will receive an invoice detailing their purchases, sales tax (if applicable), buyer's premium, and shipping/insurance charges. Items will be shipped only upon receipt of payment in full and will be insured for their full value. **For shipments outside of the USA, customs and duties may apply upon entry in to said country, and this fee, if any, is the buyer's responsibility. We will NOT falsify customs value on international shipments - what you pay is what we declare, no exceptions. There are a small number of international countries we cannot ship to. If you have questions about this, please inquire BEFORE bidding**

9a. REQUEST TO DELAY SHIPPING FOR LOTS WON: We are happy to delay shipping on all paid lots for up to 30 days with no storage fees. After 30 days, storage fees will accrue based on a % of invoice total.

10. ESTIMATES for each lot are given only as a guide to help gauge bidding. Lots may sell for a price greater than or less than these estimates.

11. STARTING PRICES may or may not be the actual price at which any item will sell. At the discretion of the auctioneer, starting prices may be lowered to encourage bidding, but this is up to the auctioneer.

12. ALL BIDDERS must register to bid prior to the auction start.

13. In the event a successful bidder fails to make payment when due, Artemis Gallery reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements.

14. If the auction invoice is not paid for in full when due per invoice terms, including any applicable credit card processing fees, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by Artemis Gallery to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder.

15. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within the County of Boulder, CO subject to the laws of the State of Colorado.

15. QUESTIONS? Feel free to email us at [email protected] with questions prior to bidding or feel free to call us at 720-890-7700. Please note, our offices will be closed during this auction. If you require immediate assistance on the day of the auction, please call Teresa Dodge at 720-936-4282.

Good luck!

Shipping Terms

18% BUYERS PREMIUM ON LIVE & PREBID ABSENTEE BIDDING BY CREDIT CARD OR PAYPAL YOU MAY RECEIVE A 3% DISCOUNT FOR CASH IF YOU PAY IN PERSON.

20% BUYERS PREMIUM FOR PHONE BIDDERS AND A MINIMUM $50 OPENING BID ON EACH LOT.

13% BUYERS PREMIUM FOR LIVE BIDDERS AT FACILITY AND A 3% DISCOUNT FOR CASH

RING START TIMES

CRATE FINDS 10AM LOTS 3000-3999 (RING 3)

BID FIND 10:30AM LOTS 2000-2999 (RING 2)

CHOICE FIND 11AM 1000-1999 (RING 1)

LOCAL PICK UP MUST BE PICKED UP NO LATER THAN 3:00PM ON SUNDAY FOLLOWING THE AUCTION OTHERWISE YOU WILL BE CHARGED $10.OO PER DAY PER LOT STARTING ON MONDAY FOLLOWING THE AUCTION.

ONLINE BIDDERS: YOU MUST PAY WITHIN 24 HOURS OF THE END OF AUCTION YOU ARE ALSO RESPONSIBLE TO PAY FOR SHIPPING SEPARATE. WEST SIDE MAIL CENTER WILL PICK UP ALL ITEMS ON TUESDAY MORNING THEY WILL CONTACT YOU TO ARRANGE SHIPPING HOWEVER PLEASE FEEL FREE TO CONTACT THEM AT ANYTIME AT 623-825-6016-OR EMAIL THEM AT
[email protected]

***IT IS HIGHLY RECOMMEND THAT YOU CONTACT THEM TO GET AN ESTIMATE ON SHIPPING PRIOR TO BIDDING WITH US.****

All items purchased must be removed from facility by 3:00pm following day of auction. EJ'S Auction is not responsible for items left after purchase. Any items not removed from facility day of auction are left at buyers own risk.
Any items left after time time allowed will be subject to a $10.00 per day storage fee plus any expenses required for moving those items. Any items left after five calendar days constitutes forfeiture of the items and assets will become property of EJ'S Auction & Consignment and will be sold at next available auction.

INSPECTION AND PER-REGISTRATION: All buyers are encouraged to inspect all items prior to bidding.

REGISTRATION: All purchasers are required to register and give the necessary information requested. You are responsible for all purchases made with your number.

TERMS: All purchases require PAYMENT-IN-FULL at the end of live auction. CASH, VISA, MASTERCARD, DISCOVER, DEBIT ONLY. ANY ONLINE BIDDERS WHOM HAVE A CREDIT CARD DECLINE AT TIME OF PAYMENT WILL BE ASSESSED A $25.00 FEE

SALES TAX: Unless a tax resale license is provided prior to date of sale, the purchaser will be required to pay the combined Arizona State and local sales tax.

DEFAULT: In default the second highest bidder will be given the option to become the successful bidder at his/her last bid. The bidder in default will be responsible for the difference in the bids, or the entire amount of his/her bid should the second highest bidder not take the option to become the successful bidder. A service charge of 1½% per month, 18% APR, will be added to all overdue accounts. The bidder in default is also liable for all legal and collection fees.

PAYMENT DEADLINE FOR ALL BIDDERS: An account becomes overdue and in default 24 hours after the auction has been completed.

NO WARRANTY: Everything in this auction is being sold "AS IS - WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. EJ'S Auction & Consignment is not responsible for missing or broken items after the auctioneer sells that item. ABSOLUTELY NO REFUNDS.

CONDITION OF ITEMS SOLD: The auctioneer shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold as is and without recourse.

SALES LIST: A sales list may or may not furnished by the auctioneer. No guarantee as to the accuracy or description is made. Deletions and additions may take place.

SHIPPING: Bidders are responsible for the shipping of all items purchased.

REMOVAL: All items require PAYMENT-IN-FULL and an authorized receipt prior to removal. All items must be removed from the premises after live auction. Large item removal will be AFTER LIVE AUCTION IS COMPLETE. Small box lots and miscellaneous items can be removed during live auction. Removal shall be at the expense, liability and risk of the purchaser. Failure to remove items by said time constitutes forfeiture of the items and the assets will become the property of EJ'S Auction & Consignment. and may be sold at the next scheduled auction. "NO REMOVAL OF LARGE ITEMS PURCHASED BEFORE THE LIVE AUCTION IS COMPLETE" *****NO EXCEPTIONS****

PERSONAL AND PROPERTY RISK: Persons attending the auction or preview, during exhibition, sale or removal goods assume all risks of damage of or loss to person or property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal(s), nor his clients shall be liable by reason of any defect in, or condition of the premises on which the sale is held. Bidder Acknowledges responsibility for any personal injury or property damage caused by bidder or bidders agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder agents, (b) any property damage occurring at the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and or bidders agents.

DISPUTE BETWEEN BIDDERS: If any dispute between bidders occurs the auctioneer may decide to put the lot up for sale again. The auctioneer's decision is final and absolute.
ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale.

AGENCY: The auctioneer is only an agent and is not responsible for the actions of his consignor(s)/client(s).

AUCTIONEER'S LIABILITY: If for any reason whatsoever the auctioneer fails to deliver an awarded lot, the auctioneer's sole liability shall be the return of any deposit or moneys paid on such non-delivered lot.

TITLE: When the item is announced "SOLD" by the auctioneer/online bidding system it immediately becomes the buyer's responsibility. Title to the item transfers to the buyer at that time.
The seller(s), however, maintain a first security interest in all items until payment is received, including the collection of all funds. EJ'S Auction & Consignment and its personnel assume no responsibility for any missing or damaged items and are not acting as the buyer's security agent. EJ'S Auction & Consignment WILL NOT REFUND ANY BUYER FOR MISSING, STOLEN OR BROKEN ITEMS.

BUYBACKS: EJ'S Auction & Consignment does not permit consignors to repurchase or bid on their consigned items. If you suspect that this is occurring, please bring it to the attention of the auctioneer.

All internet winning bidders must pay their invoice within 24 hours of the day of auction end. No discount for cash for internet bidders.

REWARD: A $250.00 reward will be paid to anyone who leads to the arrest and prosecution of any person caught stealing, renumbering, or shuffling items from lot to lot; before, during or after the auction. Any and all theft will be prosecuted to the full extent of the law.