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).
Gold, Silver, Diamonds and Gemstones are Guaranteed.
ALL GOODS ARE SOLD “AS IS” “WHERE IS”. ALL SALES ARE FINAL.
It is the responsibility of the prospective bidder to inspect the items, or ask for a condition report. Please email us directly and we will answer all condition requests, and other questions you may have, to the best of our ability.
If you live in California, sales tax will be added to your purchases unless you have a Valid Resale Permit on file with us.
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 the bid price.
2.) All weights and measurements are approximate. Estimates, age and quality, artist’s names and signatures (unless Certificate of Authenticity accompanies lot), are offered by Don Presley. These are opinions and not guaranteed. (Provenance provided when available.) Neither the auction house, nor the consignor, is responsible for the accuracy of printed descriptions or its authenticity.
3.) Buyers MUST remove all purchased items from our building within 14 days of auction end. We will not be responsible for any loss or damage of merchandise left longer than the 14 days. Buyer forfeits the item(s) if not picked up, or shipped out, within 45 days of auction end. Don Presley reserves the right to either claim item, or sell in a future auction, under buyer’s name, at 35% commission, with no minimums, no reserves.
4.) 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.
5.) We reserve the right to withdraw any property at any time before the actual sale. We also reserve the right to reject any 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.
6.) We DO NOT bid for our consignors, nor are consignors allowed to bid on their own items.
7.) 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.
8.) 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.
9.) 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 online or live bidding. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A DSL OR FASTER-SPEED 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 phone or absentee bids, if you are uncomfortable bidding during the live event.
10.) 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 may participate in the auction at Don Presley’s Auction House, by phone, or from your own computer at www.Liveauctioneers.com
11.) 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.
12.) These Conditions of Sale, 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.
12A.) 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. 12B.) 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. 12C.) 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 attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
13.) 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.