OWENS AUCTIONS DALLAS

 OWENS AUCTIONS DALLAS

TERMS & CONDITIONS OF SALE

The property listed in this catalog offered by Owens Auctions Dallas herein referred to as OAD. As owner or owner agent for their consignor(s) are subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of OAD By placing a bid, whether present on the sales room floor or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale.

Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object and we stand behind our descriptions as they relate to authenticity, however all items for sale are offered “as is,” and it is the bidder’s responsibility (present, absentee, phone or online) to determine the exact condition of each item. Our warranty does come with parameters and it is the bidder’s responsibility to understand those parameters fully.

*Bidders assume full responsibility in familiarize themselves with as is condition and Provence research. It is the bidders responsibility to adjust their bids based on their own independent research , review and findings.
All items are “as is,” and it is the bidder’s responsibility to inspect, research, and determine the authenticity of all items upon which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, without issue in assessment made and listed by OAD; is the sole responsibility of the bidder/buyer.
* OAD nor its consignor(s) makes any expressed or implied guarantees, warranties or representations in regard to the property merchantability or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, medium or material, period, culture, source, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise.
* The absence of any reference to the condition of a lot does not in any way imply that the lot is in perfect condition or completely free of wear, imperfections or the effects of aging.
* Condition Reports for items may be requested up to 48 hours prior to the date of the auction.  OAD will work to provide condition reports on all lots requested however given the mass of listing within a given sale it may not be possible to thoroughly respond to each condition request however we cannot guarantee that a request submitted within 48 hours will be answered prior to the auction date. Neither OAD nor its consignor makes any guarantee or warranty with regards to these reports. It is the buyer’s responsibility to examine each item and make their own assessment prior to the auction.

* All items are sold for display purpose only. If electrical, mechanical or other working parts are inoperable, even if working at the time of cataloging, preview or sale  OAD is not liable due to the inherent nature of the items we sale.

1) Condition & Provenance

All property is sold “unless expressly noted otherwise” is offered in "as is" condition and all sales are final. OAD nor its consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder.

2) Bidding

The highest bidder as acknowledged by the calling auctioneer shall be the buyer. The calling auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, OAD record of the successful buyer and final sale price shall be conclusive. OAD reserves the right to withdraw, combine or divide any lot at any time before bidding commences.

The calling auctioneer has sole and exclusive and absolute authority to regulate the following bidding increments:

$0 - $100 ................$10

$101 - $500 ..............$25

$501 - $1,000 ............$50

$1,001 - $2,000 .........$100

$2,001 - $5,000 ........$250

$5,001 - $10,000 .......$500

$10,001 - $20,000 .....$1,000

$20,001 - $50,000 ....$2,500

$50,001 - $100,000 ...$5,000

$100,001 - $250,000 ...$10,000

$250,001 and up ....$25,000

Lot pursue via act of bidding in any form is a voluntary indication of bidders review and acceptance of governing terms  and conditions stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.

Who may bid: Any credit worthy person having obtained a minimum age of 18yrs at the time lot open may bid, OAD Employees “Not staffed or clocked in at time of lot open and close” may bid. Consignors are strictly prohibited from bidding on their own property in any formate with exception of benchmarks outlined within the provisions set out utilizing with the establishment of a reserve as excised exclusively through the calling auctioneer.

In-person bidders: May register to bid any time during auction preview and or during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government-issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale.

Telephone and Absentee Bidders: May register in person, by fax, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction.
Telephone and Absentee bids should be in our received by 3:00 PM the day prior to auction in order to be properly processed. NO phone bids will be accepted the day of the auction unless approved by OAD managing clerk. Phone will be accepted on items with estimates greater than $500.00. Bids less than $500.00 must be executed by absentee bid only unless approved by OAD management.
Telephone and Absentee Bids are offered as a convenience to our buyers. OAD will make a reasonable effort to contact and carry out bids on behalf of its buyers but OAD will not be liable for failure to do so or for errors or omissions in connection with absentee or phone bids. If we receive identical absentee bids on a particular lot and it is the highest bid, it will be sold to the person whose written bid was received and accepted first.

Online Bidders: Must follow the registration steps required by the applicable 3rd party bidding platform and are subject to both the terms and conditions of the online bidding company AND OAD’s governing conditions of Sale. OAD does not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.

4) Reserve

Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors strictly prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" ,"bought-in” , “resold via retail cash & carry” or “reverted to the consigner.”

5) 3rd Party Platforms

Users of third-party internet bidding services shall indemnify and hold OAD. and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall OAD and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services.

6) Ownership

Title of each lot pass upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or recommended agent of OAD shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and OAD shall not be liable for any loss or damage that may be caused by such employee or agent. Under no circumstances will OAD assume liabilities to a purchaser exceed the purchase price actually paid.

7) Premiums & Tax

The purchase price of each lot shall be the amount of the successful bid plus a twenty-six and one half percent (26.5%) buyer’s premium on the first $500,000 and a twenty-two and one half percent (23.5%) buyer’s premium on the portion exceeding $500,000. Unless exempt by law, all purchases, including buyer’s premium, are subject to all state and local taxes applicable at the time of payment. Unless exempt by law, all purchases, including buyer’s premium, are subject to all state and local taxes applicable at the time of payment.

Texas State and local tax shall be amalgamated accessed at 8.25% and will be assessed on all purchases picked up or shipped to an address in the State of Texas. All other purchases will be assessed the applicable state and local sales tax based on delivery location. This applies to all purchases except where the buyer provides a copy of a valid state issued resale certificate OAD may require (business types listed to directly pertain to the item(s) being purchased.) International sales do not include customs or VAT charges.

8) Payment

All payments are due immediately upon receipt of invoice. Or within 5 calendar days of auction close. Payments will be accepted by cash, bank transfer, or check. Non-US purchasers must make payment using a US-dollar wire. Credit card payments are also accepted, but under the following conditions: Closing invoice is less than $5,000; 2) the credit card is swiped and an original signed receipt can be obtained at the time of the transaction or payment is made directly via our online invoice. Property purchased during the auction may not be removed until the full purchase price, including buyer’s premium and all applicable taxes, have been paid.

OAD reserves the right to hold merchandise purchased by personal check until the check has cleared bank deposit. The purchaser agrees to pay OAD a handling charge of $35 or maximum municipal permitted for any check returned for insufficient funds. A service charge of 2.5% may be added each month to unpaid balances beginning 30 days after the sale date. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.

Successful live bidders are required to pay in full for all purchases immediately following the auction. Winning bidders must pay the entire settlement amount including the hammer price, buyer’s premiums, applicable taxes and other charges. OAD may automatically debit any financial instrument established to secure the right to register and participate within the 5th day of auctions’ close if no prior payment arrangements have been made.

Successful absentee, phone, and online bidders will be notified of their purchases by email or regular mail within 5 business days of the auction. Payment is due no later than 10 days post-sale. Payment for packing and shipping shall appear as a separate optional fee within direct invoice. Large items may require separate invoice billing.

All payments shall be in US Dollars. We accept payments in cash, by personal, business, bank or cashier’s check, Visa, MasterCard, Discover, American Express, and bank wire transfer. For domestic buyers, payments in excess of $25,000 must be made by wire transfer unless otherwise approved. For international buyers, payments by checks drawn on US banks or wire transfer are the only acceptable methods of payment.

If no credit card is available or if payment has not been received within 20 days, OAD may pursue alternate collections measures in order to collect the balance due plus any storage, administrative, collection, attorney and or court fees. After 30 days from the day of the sale, storage fees may be charged on paid items at rate no less than $75 per item, per month.

Should payment in full be not received within 45 days from the sale, all ownership rights to any items on a bidder’s invoice shall be then and forever forfeited and the bidder at lot final settlement retain responsibility for any outstanding amounts including, but not limited to storage , processing, re-listing and collection fees.
Additionally, OAD may report the buyer’s name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at OAD and our associated online platforms.

No Chargeback Policy. Purchasers agree that disputes of any nature will not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Owens Auctions Dallas and/or its credit card merchant. By purchasing from Owens Auctions Dallas, “without regard to platform in-which winning bid has been made” the purchaser here in and forever more waives the right to initiate a chargeback , and or chargeback credit card dispute and furthermore agrees to remit to Owens Auctions Dallas a documentation fee of no less than $800.00, not inclusive of any administrative cost incurred, attorney fees, and/or any other charges associated with responding to said chargeback.

9) Shipment & Lot Collection

OAD proudly offers turnkey pack and ship service for all items we sell, “large or small we ship it all”. All shipments from OAD shall be insured for the full purchase price unless other coverage or no coverage is requested by the buyer. Items containing gesso surfaces, frames, mirrors, furniture, etc. that exhibit loss/detachment due to normal handling (no obvious signs of neglect or abuse) are expressly exempt from damage claims due to the nature of their build and stresses of pack and transport. If the shipping address differs from the credit card/winning bidders billing address, OAD may withhold shipment for 30 days from the date of payment.

OAD will not alter any catalog/items descriptions or declare less than the full purchase price on any international customs applications or documentation.
All items shall be collected from the auction facility within 30 days of the sale unless prior arrangements have been made and approved in writing.

Items won during most current auction held may not be available for pick-up until the second business day after the auction closes. Some items may not be located for collection or preview at auction site.

Winning bidders planning to collect items in person are recommended to notify OAD via call and writing 24 business hours in advance to make arrangements and ensure access availability.

OAD may require items containing hazardous materials such as mercury or lithium to be shipping via HAZMAT approved carrier
Shall winning bidder elect outside shipping agent or collection of lot(s) by anyone other the that of approved winning bidder reasonable advance written notice shall be provided to OAD before winning lot(s shall be released.

10) RETURNS

ALL SALES ARE FINAL, however under exceptional circumstances Items may be considered for return under very specific conditions and within 30 days after the auction close. It is important that you pay for and acquire your item in a timely fashion. The 30 return consideration initiates 24hrs after auction close. In the event OAD errored in significant attribution or disclosure of considerable significant condition to the extent that such error depresses the sum major value of an item, please contact us immediately (within 30 days after the auction.) We will review under the following circumstances:
* The item has been paid for and the buyer has possession of the item.
* The buyer must have the item reviewed by an independent party who is approved by OAD, and is a recognized expert within the field of the item in question.
* The expert provides a written report with specific and detailed reasons as to why the item is not as it was represented to be. The written report must be submitted to OAD.
* Our descriptions include what we deem to accurately portray an item’s general condition. However, opinions about conditions can vary and as such, the Director of Operations and or the Chief Auctioneer shall make the final determinations in the possible event of a refund.
* The timeline for this process is 30 days from the date of the auction. In the event a committee or review board must convene to review the item, OAD must be notified in order to extend the time beyond the 30 day limit. Otherwise after 30 days, ALL SALES ARE FINAL.
* Once OAD has accepted the ruling of the expert(s), the buyer is to return the item to OAD at buyer’s expense. In order to be eligible for a refund, the item must be returned in the same condition it was in when it left OAD’s possession.
* In the event a refund is issued, it will be for the cost of the item, buyer’s premium and any sales tax paid. The refund will be made in the same form as the payment of the original transaction.

Charitable auction / Lot(s)  items listed within a charitable auctions or selected lots for chartable causes listed within a standard sale are not refundable under any provisions. No exceptions considered. 

Jewelry, Timepieces, Stamps & Coins: All sales are final. There are no returns or refunds for any reason. Jewelry and items with mechanical parts such as clocks, timepieces, mechanical banks, music boxes, etc. are sold “as-is” on the day of sale and may
require servicing. The lack of a condition report does not imply that the item or lot is free from imperfections, defects or wear and tear of aging. This includes but is not limited to deficient stones, needed repair or defects.

If any applicable conditions contained herein are not complied with by the purchaser, OAD may in addition to other remedies available by law; hold the purchaser liable for the total purchase price; retain any payments made by the purchaser , cancel the sale, retain, re-list or resell the property without reserve holding the original purchaser liable for any deficiency and added cost in making the auction house and or consignor whole.  Bidder by act of register, bidding and pursue of lot  declare full and complete understanding of terms and conditions as detailed within the provisions of this sale. Bidder by act of lot pursue pledge adherence to the governing terms and conditions of the sale and agrees to comply with and to be bound by to the provisions outlined within.

Regarding Regulated Animal Materials

Some items contained in particular lots may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser or acting coordinating agent cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description. 

Owens Auctions Dallas, LLC is proudly licensed and regulated by The Texas Department of Licensing and Regulations (T.D.L.R.) Should any entity wish to file a complaint or concern we welcome you to contact The Texas Department of Licensing & Regulations (T.D.L.R).

Texas Department of Licensing and Regulation (T.D.L.R.)
P.O. Box 12157
Austin, Texas 78711

P:512.463.6599 * Toll-Free(Texas)P:800.803.9202 * RelayTX-TDD:800.735.2989 * Mon-Fri 8am-5pm
www.TDLR.Texas.Gov