1. Please list your property on the “Consignment Agreement”. We are
not responsible for any item not specifically listed.
2. Your property will be sold at the next earliest auction. We solely at our discretion
shall
set that date and the manner in which each sale will be conducted.
3. Once you submit the item for auction, it cannot be withdrawn. There is a $100
cancellation
fee of this contract.
4. Catalog descriptions of lots will be written by or approved by Historical Collectible
Auctions.
HCA reserves the right to “group” consignor lots at our discretion.
5. You will receive the actual catalog that lists your lots.
6. You represent and warrant that you are the sole owner of the property and that
you have
the full legal right to sell or cause the property to be sold; that the property
is and will remain
free of liens; and that the clear title and right to possess the property will
pass to the buyer. You
indemnify and hold us harmless from any claims, damages, expenses arising out
of any failure
or breach of your representation and warranties.
7. For our services we will receive and retain from the proceeds of the sale based
on the final
auction price of your item(s) the following consignor fee:
21% on each lot with a final price at or below $500.00
16% on each lot with a final price between $501.00-$3000.00
12.5% on each lot with a final price above $3001.00
Note: each catalog lot is deemed as a separate transaction. In addition, we will
receive a buyers
fee from the highest bidder as detailed in our catalog.
8. In addition to #7 above, we do have a minimal Digital Imaging /Upload Fee of
$7.00 per
image on all items. We believe strongly that items that are imaged will receive
more attention in
the catalog. This is particularly true for the Internet. If you would NOT like
your items photographed
please indicate on the front of this contract. Otherwise ALL appropriate items
will be
photographed. Historical Collectible Auctions will retain the property rights
to these photographs.
9. Upon receipt of your property by an authorized Historical Collectible Auctions
agent, the
property will be insured under our “ALL RISK” policy. Using our consignor
agreement, please
indicate the value of each lot when submitted. This value will be used for insurance
purposes
until our estimate can be developed, approximately two weeks from receipt of the
material.
10. All property will be sold without specific reserve unless agreed to in writing
prior to the
sale. Should a lot not reach your reserve price, there will be a listing charge
of 5% of the reserve
price. Only items with estimated values greater than $500.00 will be considered
for reserves.
11. We will make no guaranty or warranty as to the final selling price of any
item. Estimated
values by us shall not be deemed as any such guarantee or warranty.
12. You authorize Historical Collectible Auctions to accept the return and to
rescind the sale
of any property up to 180 days after the auction without limitation whether or
not we are legally
required to do so. If we, in our best judgment believe (i) that an item is defective
(ii) that an item
is not genuine (iii) that any property is not “as represented” in our
catalog (iv) that the offer/sale
of the property may subject us and/or you to any liability by the buyer, we will
rescind the sale.
In such an event, you agree to reimburse us upon request in an amount equal to
the refund/
credit given to the purchaser. The property will be dealt with as “withdrawn
property” as set
fourth in paragraph 14.
13. Settlement is made to you within 45 days of the auction date. The proceeds
of the sale
will first be applied to the consignor fee (paragraph 7). The balance will be
forwarded to you
provided we have no knowledge that the buyer has made a claim regarding the property.
14. We assume no responsibility to sue and are under no obligation to otherwise
enforce
payment from the buyer. At our sole discretion, we may either (i) cancel the sale
and resell the
property for your account, subject to our commissions (ii) cancel the sale and
return the property
to you.
15. Unsuitable, unsold, and withdrawn property will be returned to you. We will
bill you
for the shipping costs of such property.