Conditions of Sale

These Terms and Conditions of Sale are applicable to every purchase at
Royal Scotsman Auction & Appraisal’s Auctions. Please read carefully.

By registering to bid at auction, in person, or through an agent, by absentee bid, or telephone or any other means including the Internet and e-mail, you agree to be bound by these Conditions of Sale (and changes made as noted below.) All property and every lot for sale in our catalogue is offered subject to the following terms and conditions, along with any changes that may be published or announced prior to or during a sale by Royal Scotsman Auction & Appraisal’s Auctions (RSAA). The terms “RSAA” “us,” “we,” or “our” as used herein all refer to Royal Scotsman Auction & Appraisal’s Auctions. Unless otherwise indicated in the catalogue or at time of sale, RSAA acts at all times solely as the agent for the seller. All sales shall be deemed to occur in California regardless whether by telephone, mail or through the Internet or the physical location of the buyer.

Overview

  1. Everything MUST BE PAID IN FULL on the day of the AUCTION.
  2. All purchases must be removed on the day of the auction, unless arrangements are made with the Auctioneer.
  3. Everything is sold “AS IS, WHERE IS” with no guarantee of condition regardless of statements of condition made from the auction block. It is the Buyer’s responsibility to inspect merchandise and determine condition.
  4. Every effort is made to safeguard merchandise during the auction. Merchandise becomes the sole responsibility of the Buyer once the Auctioneer declares it sold.
  5. The Auctioneer reserves the right to accept bids in any increment he/she deems is in the best interest of the seller. The Auctioneer reserves the right to reject bids from any bidder whose conduct, actions, or adverse comments are not in the best interests of the seller.
  6. A buyer’s premium of 18% and local sales tax of 8.25% (Eureka, CA, unless otherwise specified) will be added to all purchases.

Definitions

  1. Hammer price: The highest bid received for a lot upon the fall of the auctioneer’s hammer, or any customary declaration the lot is sold.
  2. Buyer’s premium: The amount paid by the buyer as a percentage of the hammer price and in addition thereto.
  3. Purchase price: The aggregate of the hammer, buyer’s premium and applicable taxes or other fees, if any, as may be required by law.
  4. Reserve: The minimum price at which the lot may be sold.
  5. Buyer: The person or entity who buys property at auction or private sale.
  6. Consignor: The seller, or the seller’s representative, on behalf of whom we are selling the Property.
  7. Lot: The single item or group of items offered by us for sale.
  8. Property: The item or items comprising an auction lot being offered for sale.

 

Buyer’s Premium

The Buyer shall pay a Buyer’s Premium which shall be retained by RSAA as follows: the Buyer’s Premium is fourteen percent (18%) per lot.

Terms of Sale


a. The Purchase of and Payment for Property

The sale of a lot shall be to the highest bidder as determined by the auctioneer, in accord with these Conditions of Sale. Title to the lot shall pass with the fall of the Auctioneer’s hammer, or any customary declaration the lot is sold. Buyer shall pay the Purchase price, as defined above, and such other fees as may be due, in full, the same day of the auction sale. Sale is not final and property will not be released to Buyer until good funds for all amounts due, are received by RSAA. No lot shall be transferred by Buyer to another person until the sale is final. In the event of partial payment for any lot or lots we shall apply payments, in our discretion, to the lot or lots we select. The Buyer grants RSAA a security interest in the purchased Property, and we may retain as collateral any property purchased and any funds in our possession, to secure a Buyer’s obligations to us, if any. We retain the rights of a secured party under the California Commercial Code. All fees, taxes, premiums or other sums due and not paid pursuant to this paragraph shall bear interest at 1.5 % per month from the 2nd day following the sale to the date paid in full.


b. Collection of Property

Upon transfer of title, Buyer assumes full responsibility, including risk of loss and damage, for the Property. Purchased property shall be removed at Buyer’s expense on the same day that the sale becomes final. Property not removed shall be subject to a service fee of $50, and a storage fee, if retained by RSAA, of 1% of the purchase price per day. RSAA may also, in its sole discretion, elect to place the Property in a public storage facility at the Buyer’s sole risk, responsibility and expense.

 

The Auction Procedure


a. Registration

Bidders must register in advance to bid at auction. (a) If by mail or on the Internet please comply with, sign and send back the requisite form or absentee bid. (b) To telephone bid, Bidders must complete, sign and fax a copy of the Telephone Bid Registration Form, which is available only by calling RSAA. Telephone lines are limited, and available on a first-come, first-serve basis. Registration to bid by telephone must be completed by 5 p.m. the day prior to the auction. (c) When intending to bid in person, pre register at the desk and obtain a bidding paddle. The auctioneer may refuse to recognize any person not registered and not having a paddle number. RSAA reserves the right at its sole discretion, to refuse anyone the right to register and participate at an auction.


b. Announcements

We may, at the commencement of, or during the Auction, announce changes in or modifications to the Conditions of Sale or descriptions of Property.


c. Absentee Bids

For a Buyer’s convenience, absentee bids will be accepted, when properly executed and submitted in a timely manner. However, we neither accept any responsibility to an absentee bidder, nor any liability whatsoever for a failure to execute the absentee bid for any reason. In the event that identical multiple absentee bids are the highest bids received for the same lot then the earliest received of the competing absentee bids shall prevail at that bid amount.


d. Auctioneer’s Discretion

The Auctioneer has the absolute discretion to 1) pass a lot or withdraw it from sale at any time prior to its actual sale; 2) refuse to recognize any bidder; 3) refuse to recognize any bid; 4) resolve any dispute between bidders or resolve any doubtful bid by deciding who is the successful bidder or nullifying the auction of the lot and reoffering it for sale. The Auctioneer’s decision is binding as to disputes arising at auction. If a dispute arises post sale, our records of the sale shall be conclusive. Both the Auctioneer and RSAA shall be without any liability whatsoever resulting from the exercise of the discretion referred to herein.


e. Reserves

All Property is offered for sale subject to a Reserve unless otherwise stated by us at time of sale. Neither the consignor nor an agent or representative of the consignor is allowed to bid on their own property.

Disclaimer of Warranties

Except for warranty of title, neither we nor the Consignor make any warranties, guarantees or representation, express or implied, with respect to the Property, including, but not necessarily limited to, any implied warranty of “fitness for purpose” or “merchantability.”

Any and all statements and descriptions in any catalogue or elsewhere by RSAA, relating to age, attribution, authenticity, size, genuineness, provenance, historical relevance or significance, physical condition, importance, quality, quantity, rarity, period, culture, source or origin, are presented as statements of qualified opinion only.

RSAA’s disclaimer of liability covers information contained in catalogues, and all other printed material published by us, including condition reports. Buyers assume the responsibility to inspect the Property and make their own decision as to the nature, quality and value of the Property.

Neither RSAA nor the Consignor make any warranty or representation with regard to the existence of or the transfer of intellectual property rights, except and to such extent as may, from time to time, be explicitly stated.

No employee of RSAA is authorized to nor shall make any warranty or representation on RSAA’s behalf, except as stated in the catalog or in any written addendum.

Estimates of Value

All estimates of value as published in our Catalogues or elsewhere are statements of qualified opinion as to the range of the price a willing buyer might pay for the Property at auction. The actual price paid at auction or subsequently, may vary substantially from the estimates. RSAA shall not be liable for any such differential.

Buyer’s Default

If a Buyer fails to pay for purchased Property, or otherwise does not comply with these Conditions of Sale, the Buyer shall be in default. In addition to all remedies available in law, to RSAA and to the Consignor, the Buyer shall be liable for the entire Purchase price. Additionally, at our option, we may either cancel the sale and retain all payments made by Buyer as well as retain any and all Property of Buyer in our possession as security against payment of the sums in default, or we may re-offer the Property for sale, at auction or privately, without reserve. Buyer shall be liable to us and the Consignor for the additional fees, commissions and costs on both sales (including handling, storage and court costs and attorney’s fees) resulting from the cancellation or resale of the Property and in the event of resale, any deficiency which may result.

 

Miscellaneous


a. Modification: 
No modification or amendment of the Conditions of Sale shall bind RSAA unless contained in a writing signed by RSAA, except as may be posted or published as noted above or verbally announced at time of sale.


b. Severability: 
If, for any reason, any part of the Conditions of Sale is held to be invalid or unenforceable, the remaining portion shall be valid and enforceable.


c. Successors and Assigns: 
The Conditions of Sale shall be binding on all the heirs and assigns of the Buyers and bidders and inure to the benefit of RSAA’s successors and assigns.


d. Jurisdiction, Venue, Choice of Law: 
Dispute resolution shall occur in Humboldt County, California, USA. The provisions of the Conditions of Sale will be construed and disputes determined by application of California Law, without regard to conflicts of law.
e. Notice, Service of Process: Buyers agree to accept all notices and service of process relating to dispute resolution at the address provided by Buyer on any registration forms required to be executed as a condition of bidding in our auction.

f. Dispute Resolution: All disputes and claims arising out of or relating to events and actions covered herein, brought by or against us, shall be resolved by mediation or binding arbitration in accord with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor.

Optional Shipping Provisions

Shipping, insurance packaging and handling of purchased lots is at the risk and expense of the purchaser. As a service to the purchaser, RSAA may ship appropriate items solely via United Parcel Service, (UPS) Ground. RSAA will not ship by any other method including USPS, and property requiring freight shipment. RSAA will, in no event insure the property whether or not packaged and shipped by RSAA. RSAA shall not, under any circumstances, be liable for the loss, theft or damage to property, including, but not limited to selection of shipper, the acts or omissions of any shipper or the acts or omissions occurring in packing for shipment. It is the purchaser’s responsibility to obtain a shipping quote for any lot being offered, from an outside shipper, prior to the auction date. (As a courtesy, RSAA may provide quotes for items to be shipped via UPS). Post sale determination of shipping costs does not constitute grounds for cancellation of any purchase made at auction. Purchasers are advised that large and fragile items can be expensive and that RSAA will ship no property without first obtaining consent from the purchaser and only after packing and shipping costs have been disclosed by RSAA. When RSAA is to pack and ship, RSAA will provide to the bidder with a quote for cost of packing and handling and the UPS fee. The Purchaser is responsible for any insurance of the shipment. Shipment will not be made until both all sums due RSAA including the shipping and handling fees as quoted, and written confirmation is received that insurance has been waived or has been obtained by purchaser. Shipment may take up to 21 days after payment is received.

 

PROPERTY MADE FROM OR CONTAINING MATERIALS FROM ENDANGERED OR PROTECTED SPECIES

Property that contains any percentage of material made or potentially made from endangered and/or other protected species of wildlife are, as a courtesy, marked in the catalogue with the symbol “ * ”. Royal Scotsman Auction & Appraisal’s Auctions does not accept any responsibility or liability for failing to mark such lots. Such material includes, but is not limited to, ivory, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods.

Prospective buyers are advised that several countries completely prohibit importation of property made, all or in part, of proscribed materials. Some countries require special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation as well. Potential buyers intending to import the property into another country should be familiar with the relevant customs laws and regulations prior to bidding on property containing wildlife material. Regulations may vary as the U.S. prohibits importation of articles containing material(s) from species it has designated endangered or threatened if the articles are less than 100 years old.

It shall be the potential buyer’s sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. Prospective buyers must also note that the inability or delay in obtaining permits, licenses or other permissions to import or export property containing potentially regulated wildlife material will not constitute a basis for rescission or cancellation of the sale of said property or the delay in payment of purchased items in accordance with the Conditions of Sale.

 

Bond #1700022

 

Bid Increments

Bid increments are at the discretion of the auctioneer.

 

Royal Scotsman Auction & Appraisal Terms and Conditions of Sale Updated April, 24, 2013