4) Sales Tax
Sales Tax A six percent (6%) “Sales Tax” will be collected on all sales made and delivered within the Commonwealth of Virginia, from the Company, located in
Loudoun County, Virginia. The Virginia State Department of Revenue requires that Sales Tax be charged on the total invoice price including the Buyer’s Premium.
The successful Bidder will be responsible for any out of state sales tax due on items shipped. A successful Bidder purchasing items for resale, or a tax-exempt
Bidder, are required to provide a current resale certificate, or tax-exempt certificate, prior to each Auction, so that invoices can be calculated correctly. Sales Tax
cannot be removed from an invoice for items purchased in person, picked up in person or shipped within the Commonwealth of Virginia without a current resale
or tax-exempt certificate.
5) Disclaimer of Warranties; Limitation of Liability
(a) Your access to, use of, and reliance on the Services provided by the Company is entirely at your own risk. All sales are final. All Services and items are provided
on an “as is” and “where is” basis without any warranties of any kind.
(b) Time will be made available prior to each Auction for a preview of the items to be sold. It is the Bidder’s responsibility to carefully inspect the items prior to the
Auction to determine condition, authenticity, and/or usefulness. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview
and inspection exhibition dates and times posted by the Company.
(c) All express and implied warranties are expressly disclaimed. Neither the Company nor any consignor makes any representation or warranty, express or implied,
as to the merchantability, fitness, or condition of an item, or as to the correctness of the description of any item, genuineness of an item, attribution to a particular
artist or author, provenance, or period of the item, or as to whether the Bidder acquires any copyrights or other intellectual property rights in items purchased, or
as to whether a work of art is subject to the artist’s moral rights, royalties, or other residual rights or the artist.
(d) Bidder expressly acknowledges and agrees that in no event shall the Company, its employees, agent, and/or Auctioneer(s) be liable for any dama2wwges,
including, without limitation, any compensatory, incidental, or consequential damage.
(e) To the extent permissible by applicable law, the Company and its officers, directors, agents, and employees are not liable for any damages or losses, including
but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect or consequential, resulting directly or indirectly from
your use of the Services provided by the Company or any successful bid.
(f) The Company takes no responsibility and assumes no liability for any communication or transaction that you or any Bidder, seller, or third-party has regarding
the Service. You are solely responsible for your use of the Services and any successful bid, and you agree that the Company is only acting as a passive medium
for your and other Bidders’ and Sellers’ transactions. (g) Without limiting the foregoing, the Company also disclaims all warranties for or with respect to:
(i) The security, reliability, timeliness, accuracy, and performance of the Services and content accessed through the Services as they are provided and conducted
online;
(ii) Computer worms, viruses, spyware, adware, and any other malware, malicious code, or harmful content or components accessed, received, or disseminated
through, related to, or as a result of the Services or content accessed through the Services as provided by the company online;
(iii) any transactions or potential transactions, goods, or Services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, or communications through, related to, or as a result of use of the Services or content accessed through the Services as provided by the
Company online (including, without limitation, any links on the Company’s website and/or links in content accessed through the Company’s website).
(h) By bidding, Bidder agrees to hold the Company, its employees and associates, and the Auctioneer harmless for errors and omissions. Further, Bidder agrees
to hold the Company, its employees and associates, and the Auctioneer harmless for issues arising from the transfer of title of goods purchased.
(i) In no event will the Company’s aggregate liability, or that or its officers, directors, employees, and agents, arising out of or in connection with these Terms or
front he Services or related to any successful bid, or from the use of or inability to use the Services as provided through online or other modes ofcommunication,
exceed one hundred dollars ($100), or in the case of a successful bid, the buyer’s premium charged by the Company to the Bidder. The limitations of liability set
forth above are fundamental elements of the basis of the bargain between the Company and you.
(j) These disclaimers shall apply to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above
disclaimers and limitations may not apply to you.
6) Descriptions and Photographs
Descriptions and Photographs Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. The Company endeavors to accurately describe all items being sold, but all property being offered is sold as is. Any statement, written or verbal, in the catalog, on a condition report, on an invoice,
on a bill of sale, or stated before, during or after the Auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture,
source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an
item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item, are statements of opinion and not representations
or warranties. Please note that catalogue photographs may have had size modifications for display purposes or been trimmed to exclude framing, matting, and
wide blank margins. Variations in color may occur due to digital processing. No employee, agent, or Auctioneer of the Company is authorized to make any representation or warranty on behalf of the Company or on behalf of the consignor regarding any item.
7) Item Pickup and Shipping
(a) All items are to be picked up by Bidder, or at a time pre-arranged with the Company, after full payment of the invoice. It is the Bidder’s responsibility to arrange
with the Company in advance if an item must be picked up at another time. Successful Bids of items online will be shipped at the Bidder’s expense.
(b) Costs associated with the shipping and handling of an item are the responsibility of the Bidder. If the Bidder will not be picking up an item directly from the