Julien's Auctions guarantees the authenticity of Attribution of
property listed in the catalogue or online as stated in the
Terms of Guarantee. Except for the Limited Warranty contained
in the terms of guarantee all property is sold “As Is”.
We make no warranties, nor does the consignor, as to the
merchantability or fitness for a particular purpose, the correctness
of the catalogue or other description of the physical
condition, size, quality, rarity, importance, medium, provenance,
exhibitions, literature or historical relevance of any
property. No oral or written statements made in the catalogue,
online listing, advertisem*nt, bill of sale, and announcement
or elsewhere made by employees (including
affiliated and related companies) shall be considered a warranty.
We and the Consignor make no representations and
warranties, express or implied, as to whether the purchaser
acquires any copyrights, including but not limited to, any reproduction
rights of any property. We and the Consignor are
not responsible for errors and omissions in the catalogue, online
listings or any other supplemental material.
It is the responsibility of prospective bidders of live auctions
to inspect the property before bidding to determine its condition,
size, and to determine if it has been repaired or restored
and/or to request a condition report. Please email
[emailprotected] for a condition report.
A buyer's premium will be added to the successful bid price
and is payable by the purchaser as part of the total purchase
price. I acknowledge and agree that a 20% Buyer's
Premium will be added to the hammer price on individual lots
$100,000 and higher, and a 25% Buyer's Premium on all individual
lots of $0 - $99,999 which I am the successful bidder.
In addition, there will be an additional 3% buyer's premium
charged for any lots won online. This is regardless of affiliation
with any group or organization. I further acknowledge that I
am responsible to pay Julien's Auctions the aggregate of the
hammer price and the Buyer's Premium, plus sales tax if
applicable, for such lot(s). All invoices must be paid within 10
calendar days after the close of the auction. I authorize
Julien's Auctions to charge my credit card provided at registration
for all items purchased at this auction, and any future
Julien's Auctions I may participate in, if not paid in full within
10 calendar days after the close of the auction.
Payments: Checks should be made to payable to Julien's
Auctions, PO Box 691789, W. Hollywood, CA 90069. Julien's
Auctions will invoice only for the property (including buyer's
premium and any applicable sales tax). We accept wire
transfer, cashiers check or personal check, American Express,
MasterCard and Visa. Auction items picked up in California
and all California and New York residents will be
charged sales tax.
Shipping: Shipping for all small items will be handled directly
through Julien’s Auctions. For all large or oversize items, shipping
has been contracted by Rockin Boxes Global, Inc. All
shipping inquiries can be directed to shipping@juliensauctions.
com. To arrange shipping with Rockin Boxes Global,
please contact them directly at (877) 420-0212 or info@rockinboxesglobal.
com. The buyer is responsible to make contact
regarding any concerns or shipping related questions. Please
allow 2-12 weeks for the delivery of your property depending
on the size of the auction, the receiver’s destination, or the
mode of transportation. All auction property is shipped at the
bidder’s expense. All shipments are sent signature required.
Property will not ship USPS or on your personal shipping accounts.
Courtesy to all Julien’s Auctions clients, 30 days free
pick up, and storage is offered. After 30 days, we charge 8.00
per lot, per day, unless prior arrangements are made. Julien’s
and Rockin Boxes Global will not falsify or claim a lower value
on custom’s documents to avoid paying government fees.
Julien’s and Rockin Boxes Global is not responsible if there
is any delay in customs and is not responsible for returned
shipments. The Buyer is responsible for all government fees
including duties, taxes, VAT, Customs, or any unforeseen
charges. All door to door Freight Shipments are curbside delivery.
If you have any special requests, (property unpacked,
brought upstairs, or inside delivery) there will be additional
charges.
Bids will not be accepted from those persons under the age
of eighteen (18) without written consent of said persons parent
or legal guardian. Written consent must acknowledge the
terms and conditions of sale. This written consent constitutes
an agreement to be bound thereby on behalf of the bidder.
Bidder registration is required for all persons wishing to bid
for Julien's Auctions. Any person registering to bid by phone,
absentee, or in person will complete a Bidder Registration
Form. Online bidders will submit a completed form through
julienslive.com.
All items are offered subject to a reserve. The reserve is the
confidential minimum price acceptable to the Consignor. During
a live auction the auctioneer may open any lot by bidding
on behalf of the Consignor and may bid up to the amount of
the reserve, by placing successive or consecutive bids for a
lot or bids in response to other bidders. Online sales may do
the same by employing the use of a starting bid which will
commence bidding at or below the reserve price agreed to
by the Consignor.
Julien's reserves the right to withdraw any property before
the completion of the sale and will have no liability for doing
so.
We reserve the right to accept or decline any bid. Bids must
be for an entire lot and each lot constitutes a separate sale.
All bids are per lot unless otherwise announced at a live sale
by the auctioneer. Live auction lots will be sold in their numbered
sequence unless the Auctioneer directs otherwise. It is
unlawful and illegal for Bidders to collude, pool, or agree with
another Bidder to pay less than the fair value for lot(s). Bidders
participating in both live and online auctions acknowledge
that the law provides for substantial penalties in the
form of treble damages and attorneys' fees and costs for
those who violate these provisions. For live auctions the auctioneer
will have final discretion in the event that any dispute
should arise between bidders. The auctioneer will determine
the successful bidder, cancel the sale, or re-offer and resell
the lot or lots in dispute. Julien's will have final discretion to
resolve any disputes arising after the sale and in online auctions.
If any dispute arises our sale record is conclusive.
Julien's will execute order or absentee bids, text message bids(SMS), and accept telephone
bids as a courtesy to clients who are unable to attend
the live auctions. Therefore we take no responsibility for any
errors or omissions in connection with this service.
Subject to fulfillment of all of the conditions set forth herein,
on the fall of the auctioneer's hammer, title to the offered lot
will pass to the highest bidder acknowledged by the auctioneer,
and such bidder thereupon (a) assumes full risk and responsibility
(including without limitation, liability for or
damage to frames or glass covering prints, paintings, photos,
or other works), and (b) will immediately pay the full purchase
price or such part as we may require. In addition to other
remedies available to us by law, we reserve the right to impose
from the date of sale a late charge of 1 ½% per month
of the total purchase price if payment is not made in accordance
with the conditions set forth herein. All property must
be removed from either our premises by the purchaser at his
expense not later than 10 business days following its sale and
if it is not so removed, (i) a handling charge of 1% of the total
purchase price per month from the tenth day after the sale
until its removal will be payable to us by the purchaser, with
a minimum of 5% of the total purchase price for any property
not so removed within 60 days after the sale, and (ii) we may
send the purchased property to a public warehouse for the
account, at the risk and expense of the purchaser.
If any applicable conditions herein are not complied with the
purchaser will be in default and in addition to any and all other
remedies available to us and the Consignor by law, including,
without limitation, the right to hold the purchaser liable for the
total purchase price, including all fees, charges and expenses
more fully set forth herein, we, at our option, may (a) cancel
the sale of that, or any other lots sold to the defaulting purchaser
at the same or any other auction, retaining as liquidated
damages all payments made by the purchaser, or (b)
resell the purchased property, whether at public auction or
by private sale, or (c) effect any combination thereof. In any
case, the purchaser will be liable for any deficiency, any and
all costs, handling charges, late charges, expenses of both
sales, our commissions on both sales at our regular rates,
legal fees and expenses, collection fees and incidental damages.
We may, in our sole discretion, apply any proceeds of
sale then due or thereafter becoming due to the purchaser
from us or any affiliated company, or any payment made by
the purchaser to us or any affiliated company, where or not
intended to reduce the purchaser's obligations with respect
to the unpaid lot or lots, to the deficiency and any other
amounts due to us or any affiliated companies. In addition, a
defaulting purchaser will be deemed to have granted and assigned
to us and our affiliated companies, a continuing security
interest of first priority in any property or money of our
owing to such purchaser in our possession or in the possession
of any of our affiliated companies, and we may retain
and apply such property or money as collateral security for
the obligations due to us or to any affiliated company of ours.
Payment will not be deemed to have been made in full until
we have collected good funds. In the event the purchaser
fails to pay any or all of the total purchase price for any lot
and Julien's elects to pay the Consignor any portion of the
sale proceeds, the purchaser acknowledges that Julien's
shall have all of the rights of the Consignor to pursue the purchaser
for any amounts paid to the Consignor, whether at
law, in equity, or under these Conditions of Sale.
Under no circ*mstance will Julien's incur liability to a purchaser
in excess of the purchase price actually paid.
The terms and conditions of sale herein described shall be
enforced in accordance with, and governed by the laws of
the State of California.
Any claim or controversy arising out of or relating to the Auction,
the Bidder Registration Form or any breach thereof between
the registered bidder and Julien’s shall be submitted
to arbitration in Los Angeles County, California before an arbitrator
from the Judicial Arbitration and Mediation Services,
Inc. (“JAMS”) and conducted under its Comprehensive Arbitration
Rules, as the exclusive remedy for such claim or controversy.
Both parties further agree that the arbitration shall
be conducted before a single JAMS arbitrator who is a retired
California or federal judge or justice. By agreeing to arbitrate,
the parties waive any right they have to a court or jury trial.
The decision of the arbitrator shall be final and binding. The
parties further agree that, upon application of the prevailing
party, any Judge of the Superior Court of the State of California,
for the County of Los Angeles, may enter a judgment
based on the final arbitration award issued by the JAMS arbitrator,
and the parties expressly agree to submit to the jurisdiction
of this Court for such a purpose. The prevailing
party shall be entitled to recover the party’s attorneys’ fees
and costs incurred in connection with the arbitration.
Copyright Notice: Buyers of the property will not acquire any
copyright or similar right whatsoever to the property, music
or likenesses contained therein of Michael Jackson. The
buyer may not in any way reproduce, distribute, or create
derivative works of the property or copyright embodied in the
property or cause anyone else to, without the prior written
consent of the Estate of Michael Jackson who retain such
rights.
On Lots from the collection of Patti Daley please note the following:
Patti and Bill Daley will retain the legal rights to use
any or all of the images in the collection for a future Book or
Documentary on Jesse Edwin Davis, lll.
TERMS OF GUARANTEE
“Attribution” is defined by Julien's as the creator, period, culture,
source of origin, as the case may be as set forth in the
Bold Type Heading of a lot in a live auction catalogue or the
lot Title of an online auction, as amended by any oral or written
salesroom notices and announcements or online notices
and announcements. We make no warranties to information
not contained in an online lot heading or information not contained
in the Bold Type Heading of any live auction catalogue
subject to the exclusions listed below.
Julien's warrants the “Attribution”, as defined above and subject
to the exclusions listed below, of a lot for a period of five
years from the date of sale and only to the original purchaser
on record at the auction. If it is determined to our satisfaction
that the “Attribution” is incorrect, the sale will be rescinded if
the lot is returned to the Julien's Auctions warehouse facility
in the same condition in which it was at the time of sale. In
order to satisfy Julien's that the “Attribution” of a lot is indeed
incorrect we reserve the right to require the purchaser to obtain,
at the purchaser's expense, the opinion of two experts
in the field, mutually acceptable to Julien's and the purchaser,
before we agree to rescind the sale under the warranty. This
warranty is not assignable and applies only to the original
purchaser on record with Julien's. This warranty does not
transfer to any subsequent owners of any purchased property
(this includes without limitation, heirs, successors, beneficiaries
or assigns).
Should a sale be rescinded and the purchase price paid (final
successful bid price, plus the buyer's premium), it is specifically
understood that this will be considered the sole remedy.
It is exclusive and in lieu of any other remedy available as a
matter of law, or in equity.
Exclusions will be made and this warranty does not apply to
“Attribution” which on the date of sale was in accordance
with the then generally accepted opinion of scholars and specialists,
or the identification of periods or dates of execution
which may be proven inaccurate by means of scientific
processes not generally accepted for use until after publication
of the catalogue or listing online, or which were unreasonably
expensive or impractical to employ.
