All accepted bids are contracts and are considered final and non withdrawable. The highest bidder shall prevail. Should any dispute arise between bidders, the decision of the auctioneer (Wyland Worldwide, LLC, Wyland Galleries, ITV360 and their affiliates) as to the successful bidder and the re-offering or resale of the lot under dispute shall be final
I. The auctioneer shall regulate the bidding and reserves the right to refuse any bid believed by the auctioneer not to be made in good faith. Any bid which merely a nominal or factional advance over the previous bid, may be rejected by the auctioneer, at his discretion. The auctioneer shall not be liable for errors and omissions in executing instructions to bid, whether caused by auctioneer negligence, or otherwise.
II. Any lot in this sale may be subject to a Reserve. The auctioneer shall have the right to bid on behalf of the seller (Wyland Worldwide, LLC, Wyland Galleries and their respective affiliates) for any lot subject to a reserve. The auctioneer may open bidding on any lot by placing a bid on behalf of the auctioneer and may further bid on behalf of the seller or the auctioneer by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Any hammer price listed is the price for which a lot closed on the floor at the sale (or a Reserve price), and such prices do not indicate whether or not any lot met its Reserve price if such a price had been established. Bid only as much as you are prepared to pay as in most cases, bidders will pay their top bid.
III. Title shall not pass to the buyer until full payment is received. No other promotions from Wyland Worldwide, Wyland Galleries, or its affiliates will apply. No discounts or redemption cards will be accepted as a valid form of payment for this auction event.
IV. If bidder fails to comply with these conditions of sale, then, as to any lot with respect to which such failure to comply occures, we shall be entitled (but not obligated), at our sole discretion, to resell the lot or cause it to be resold by public or private sale, without notice to the bidder and in any manner of sale (whether or not commercially reasonable), and to hold the non-complying bidder liable for any deficiency in the purchase price attending such resale, as well as for all charges, costs and expenses incurred in both sales, and all incidental damages. In no event shall any surplus arising from such resale be payable to the non-complying bidder.
V. If Wyland Worldwide, LLC, Wyland Galleries, or its affiliates take any action to enforce these conditions of sale, or to secure payment of any amount due to us from a bidder or purchaser, the defaulting bidder or purchaser shall be liable for all legal and other costs and expenses incurred by us, including but not limited to reasonable attorneys fees.VI. Successful bidders agree to pay for lots as specified above and no credit will be extended. All applicable sales taxes are included in the sales price. A 10 percent processing fee will be applied to all lots purchased.
VII. All agents will be personally liable and responsible for the purchases of those persons they represent, and for other costs and expenses which would be the responsibility of the buyer under these terms and conditions.
VIII. Under no circumstances, including, but not limited to negligence, will Wyland Worldwide, LLC, Wyland Galleries, or its officers, directors, employees, agents, or affiliates be liable to any bidder or any third party or any indirect, incidental, special, consequential, punitive or exemplary damages (including, without limitation, damages for loss of business, loss of profits, loss of opportunity, or business interruption) arising out of participation in any auction, or the placing or acceptance or rejection of any bid, or the sale (Or failure to consummate a sale) for any lot or lots, or resulting from failure or breach of security, mistakes, omissions, interruptions, deletions, or loss of files or data, errors, defects, delays in operation or performance, regardless of the cause including, but not limited to, Acts of God, communication failure, theft, destruction or unauthorized access to the host website, programs or service, or for any claim by any other party. Notwithstanding anything to the contray in this agreement, the exclusive remedy for all damages, losses and causes of action which a bidder or other person or entity participating or involved in any auction may incur or suffer, whether in contract, tort (including negligence), equity, at law or otherwise, shall be to recover damages in an amount that is not in excess of the wholesale value of any lot that may be the subject of any such dispute.
IX. In the event of any dispute under these conditions of sales, or any dispute between the auctioneer and bidders, or between any parties requesting inspection of any of the lots of the auctioneer, or between persons offering their lots to be auctioned and the auctioneer, the exclusive jurisdiction and venue over any such dispute shall be in the state of California, the parties waiving any other jurisdiction or venue to which they may be entitled.
X. The auction is being conducted by Wyland Worldwide, LLC, Wyland Galleries, ITV360, and their affiliates, and no individual auctioneer, employee, office or director of these organizations shall be held to any personal liability hereunder for negligence or otherwise.
XI. The placing of a bid shall constitute acceptance and agreement of these conditions of sale.
XII. Warranty Information, Buyer's Remedies:
i) All property is sold "as is", and neither Wyland Worldwide, LLC, Wyland Galleries, and ITV360 and their affiliates, nor the consignor make any guarantees, warranties or representations, expressed or implied, with respect to the property, except as to the warranty of title. Wyland Worldwide, LLC, Wyland Galleries, and ITV360 and their affiliates will only accept returns in the instance of an obvious or egregious cataloging error on the part of the companies. Buyers will have 14 days after the sale to bring forth any issue regarding any lot.
ii) Neither Wyland Worldwide, LLC, Wyland Galleries, and ITV360 and their affiliate, nor the consignor make any representations or warranty of any kind, expressed or implied, with respect, but not limited to any of the following characteristics of the property: age, authenticity, provenance, physical condition, importance, size, quality, quantity, parity, value, historical references or significance, material, source, or origin.
iii) All information in the catalog or elsewhere, concerning the characteristics mentioned in (ii) above, is offered to the bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable. This disclaimer of liability on our part applies whether the information is included in the catalog, advertisements, announcements, or communicated through our representatives, bill of sale or elsewhere, and whether written or oral.
iv) Neither Wyland Worldwide, LLC, Wyland Galleries, and ITV360 and their affiliates, nor the consignor, shall be responsible for ensuring the correctness or accuracy of descriptions or other information in this catalog or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the Property to his or her complete satisfaction prior to any purchase. The bidders and buyers must make an independent judgment about (1) the Property, (2) its value, and (3) descriptions or other information about the property.
(v) The estimates provided are merely our opinion of the price that a willing buyer might pay for the Property at auction. The actual price that might be realized at auction or upon sale of the Property may be substantially different from these estimates. We shall not be liable in any way for such estimate or differences in the final selling price. (vi) If there is any breach of a warranty of title, buyer’s sole remedy shall be to rescind the sale and receive a refund of the purchase price, excluding the processing fee. This means that neither we, nor the consignor, shall have any liability for other damages, such as but not limited to, direct, indirect, special, incidental or consequential damages. No refund will be made until the Property is returned at buyer’s expense to the premises of Wyland Worldwide, LLC, 5 Columbia, Aliso Viejo, CA 92656 or where the Property was purchased in the same condition as the Property was in at the time of the sale.
Shipping all purchased items within the United States is INCLUDED in the final Auction Sales Price. Any Shipping outside the US is subject to further charges. Most items are available, as noted in the auction descriptions, for Christmas delivery. Other items will be shipped within 8 weeks of purchase. Please allow up to 10 weeks for international deliveries.
ONLINE BIDDING The person posting the bids online has to be the person who has registered for the auction.