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All property offered at public auction by Johns’ Western Gallery (JWG) is sold subject to the following terms and conditions of sale:
- All property is offered per lot as listed in the printed and online catalogues and all bids must be per lot.
- The term “bid price” refers to the top bid or “hammer price” to which is added the fifteen percent buyer’s premium and required sales tax. Sales tax will be collected from all purchasers EXCEPT those who furnish the gallery with a valid California resale certificate or purchases by out-of-state clients to whom the property will be shipped.
- Payment: Invoice amounts are due upon receipt of invoice. Payment may be by cash, cashiers check, money order, pre-approved personal check, PayPal, Visa, MasterCard, or American Express. All invoices must be settled before property can be delivered.
- Bidders should personally inspect all property on which they intend to bid or arrange to have the property examined by a qualified professional. All property sold by the gallery is sold “as is” and neither the gallery nor any employee makes any claim or warranty beyond this. The gallery will however:
a. Accept return of printed books that prove to be defective upon collation provided said defect is not indicated in the catalogue entry, and
b. Autograph items that prove to be not genuine.
c. Property in “stack lots” is not returnable for any reason.
- Photographs, prints and other art multiples are sold in compliance with California law and the catalogue description of any multiples conforms to the applicable provisions of that law.
- All rights of the purchaser are enforceable only by the original purchaser and are not assignable. No purchaser shall be entitled to relief or damages beyond the total amount originally paid.
- If we are prevented by disaster from making delivery, no purchaser shall be entitled to a refund greater than the total amount originally paid.
- Johns’ Western Gallery will arrange shipment of property for an additional handling, freight and insurance fee, but the Gallery is not responsible for any property held pending shipment nor for any damage during shipment beyond the insurance/purchase price amount.
- The highest bidder recognized by the auctioneer shall be the purchaser and the auctioneer reserves the right to refuse to recognize a bid from any bidder. In the event of dispute the auctioneer shall have sole discretion in resolving the dispute or re-offering the lot. The gallery’s sale record is the final authority for resolution of any post-sale dispute.
- Unless otherwise advertised, all lots offered by the gallery will be subject to a minimum bid of one-half of the low estimate. In the event of consignor reserves, all such reserves will be lower than the published low estimate.
- As a service to those unable to attend the sale, the gallery will represent them by executing advance bids on their behalf. This is provided as a service only and the gallery reserves the right to refuse to execute advance bids and is in no event responsible for their execution. The gallery suggests that bidders unable to attend the sale but wishing to bid on important properties contract with a local specialist bookseller to represent them.
Bidders are advised to exercise care in preparation of advance bids and in bidding on the auction room floor as all sales are final at the call of “sold”.
