Auction Terms and Conditions
Auction Terms and Conditions: Please review, understand and agree to the following before bidding on any item at Don Presley Auction.
Disclaimer: We do not guarantee clocks, watches, or any moving parts (SOLD AS IS, WHERE IS, HOW IS)
ALL GOODS ARE SOLD “AS IS” “WHERE IS”. ALL SALES ARE FINAL. Condition reports in Auction catalog are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the goods. All condition reports, measurements, opinion of values, age and quality are offered by the Gallery but are not guaranteed. Neither the auction house, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity. Gold, silver, diamonds & gemstones are guaranteed. We do not guarantee or warranty clocks. All weights & measurements are approximate. Artist’s names, signatures do not carry warranty & are not guaranteed unless Certificate of Authenticity accompanies lot, provenance provided when available.
Payment Terms: Full payment is due at close of auction. Buyer is responsible to contact Don Presley Auction via phone at (714) 633-2437 or by visiting our Contact Us page and sending payment information.
Except for property purchased via On-line Auctions, a premium equal to 15% of the final bid price up to and including $500,000, plus 12% of the final bid over $500,000, will be applied to each lot sold, to be paid by the Buyer as part of the purchase price. The buyer’s premium on property purchased via On-line Auctions will be in an amount up to 18% of the final bid price.
Prevailing California sales tax will be added to your purchases unless you have a current California resale number on file with us.
Shipping Terms: Merchandise will be picked up, packaged and shipped by arrangements made by the buyer. All items are sold and shipped As Is. Don Presley Auction absolutely accepts no responsibility for condition of items shipped. Buyer should purchase insurance through shipping company. Buyer is responsible for all packing and shipping costs to be paid directly to shipping company.
Auction Terms: The following Conditions of Sale, as amended by any posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by Don Presley Auction and any consignor of such property for whom we act as agent.
1.) As used herein, the term “bid price” means the price at which a lot is successfully sold to the purchaser. The term “purchase price” means the aggregate of (a) the bid price.
2.) The highest bidder shall have purchased the offered lot in accordance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorney fees and incidental damages. If all fees, commissions, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment is received, in addition to other remedies available to us by law.
3.) EVERYTHING MUST BE PAID IN FULL ON THE DAY OF THE AUCTION regardless of when it is picked up. Southern California buyers must pick up their items on the day of the auction or on the first business day following the auction from 9am – 5pm. Items that can not be found upon arrival for pick up – will be located within 72 hours of the auction and arrangements for pick-up or deliver will be made. Items that are being shipped will be shipped within 5 days following the auction buyers will be charged for their purchases on auction day and charged for shipping on the second business day following the auction. We reserve the right to withdraw any property at any time before the actual sale.
4.) We reserve the right to reject a bid from any bidder. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
5.) If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.
6.) All statements contained in the catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Don Presley Auction is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.
7.) All purchased property shall be removed from the premises at which the sale is conducted by the date(s) and time(s) indicated for the event. Don Presley Auction will automatically ship out of state Internet purchases unless notified in advance of the auction date to not ship. In state buyers MUST PICK UP auction day or first business day after the auction for no fee or after that day for a storage fee of $5 per day, per lot. If items are not picked up within 7 days from the date of the auction, buyer forfeits the item(s). If in state buyers provide advance notice, we will be happy to ship at the regular rates as indicated in the terms of the auction. Regardless any auction product that is not removed or shipped within 7 days after the auction will be forfeited.
8.) Invalid or unapproved credit card purchases will be subject to a $50 processing fee for late payment if paid on the first business day following the auction. If the auction proceeds are collected later than the following business day after an auction, an additional daily fee will be added of $10 per day. Failure to pay within seven days of the end of the auction will ban the bidder from participating in any other Don Presley Auction online auction.
9.) The copyright in the text of the catalog and the photographs, digital images and illustrations of lots in the catalog belong to Don Presley Auction or its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent.
10.) It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process. The uploaded results of the auction take precedence over any and all messages of high bids during proxy and live bidding. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A DSL OR HIGHER INTERNET CONNECTION TO BID DURING THE LIVE AUCTION. Because of the fast paced nature of the auction a slower connection could lead to not being able to bid on the items that you are interested in. Please leave proxy bids for the auction if you are uncomfortable bidding during the live event.
11.) For bid increments, see LiveAuctioneers.com.
12.) You are participating in an Internet auction as a Internet bidder which means that bids will be accepted from the Internet and from the auction floor. All bids from the auction floor will be posted to the Internet for competitive bidding from Internet bidders. You many either participate in the auction at Don Presley’s Auction location or from your own computer at www.dpauction.com.
13.) These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
14.) These Conditions of Sale and the purchasers and our respective rights and obligations hereunder are governed by the laws of the State of California. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Don Presley Auction (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures as set forth.
14A.) GOVERNING LAW, JURISDICTION AND VENUE. The laws of the State of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Santa Ana, California, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Santa Ana, California; and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
14B.) DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Santa Ana, California in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitrator tribunal or its determination of the merits of the controversy.
14C.) RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Don Presley Auction, then, if Don Presley Auction is the prevailing party, it is entitled to recover from you its reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
15.) Internet Bidder agrees and acknowledges that all purchases made from this auction website will be charged to their credit card on the day of the auction. Placing bids on items offered in this auction will bind the cardholder to all the terms and conditions of this auction.
16.) If you pick up your merchandise in person at one of our auction locations, you need to inspect your item(s) to insure they match the description of the item. If there is a dispute about the item, it must be handled at the time of pick-up in the presence of a Don Presley Auction team member.
17.) All Rolling Stock item descriptions will include a VIN number. It is the Bidder’s responsibility to use that information to obtain history information so the bidder can make an educated buying decision. Don Presley Auction will provide the information for the latest title only, if available.