Conditions of Sale
All sales are final, and all property is sold "As is, where is." It is the bidder's responsibility to determine condition of the items purchased. We attempt to describe all the items you are bidding on to the best of our ability and many times rely on information from the consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction, please do not hesitate to pick up the phone and give us a call. Call Kathy (713)210-9188
Buyer's Premium
We charge a 15% buyer's premium.
Bidding
A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. Failure to honor your bid may result in loss of bidding privileges. 105 Auction Gallery reserves the right to refuse any and all bids.
Payment
105 Auction Gallery accepts VISA, Mastercard, AMEX and Discover. We do not accept checks or cashier checks. All credit card payments shall be processed by 105 Auction Gallery.
Authenticity
Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.
Auction
Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability, therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals. 3) 105 Auction Gallery Staff reserve the right to bid on items for their personal interest.
PICK UP TIMES
Please pick up during the times that we set for each auction unless there are extenuating circumstances warrant i.e., acts of nature, etc. All items must be picked up during the published times. You have up to 7 days to make arraingments to pick up your items. If you fail to pick up during pick up times or make arraingments within 7 days your items will become property of the auction house and will be resold. NO REFUND ON ITEMS THAT HAVE BEEN ABANDONED. Do not risk placing a bid hoping that we can store your items! We do not have the room or the resources to store your items. Failure to abide by the pickup times may result in loss of bidding privileges. 105 Auction Gallery DOES NOT provide packing materials or containers. Buyer is responsible for loading and tying down their own purchases. 105 Auction Gallery DOES NOT and WILL NOT help load or do tie downs. BRING YOUR OWN HELP. Loading and securing your load needs to be finished by the end of the pick up time.
Mailing
We only ship small items. We DO NOT ship furniture, framed pictures, or mirrors. You have up to 7 days to make arraingments for shipping of your items. If you fail to make arraingments within 7 days your items will become property of the auction house and will be resold. NO REFUND ON ITEMS THAT HAVE BEEN ABANDONED. Please allow up to 14 days for shipping which your credit card on file will be charged.
(1) We ship books by media mail for USA only. We will add $5.00 to cover shipping material costs plus media mail rates.
(2) Rolled Prints and pictures will be shipped in tubes only with a flat charge of $8.00 for the tube plus first class mail rate.
(3) We pack and ship using USPS. Please allow up 2 weeks for shipping to be completed
(4) $5.00 handling fee will be added to shipping rates.
Governing Law
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Grimes County courts.
Indemnification
Buyer shall indemnify 105 Auction Gallery against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify 105 Auction Gallery for any damages or losses. Buyer will not hold 105 Auction Gallery, it's owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
Barbara Brooks TDLR #16825
24344 Riley Rd. Ste 3
Plantersville, TX 77363
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