Terms & Conditions of Sale (V422.1)
Omnia Auctions LLC (Omnia Auctions, Auctioneer)
Bidders participating via any bidding medium (in-person, by telephone, by proxy-agent, by written or telephone absentee bid or via the Internet) agree to be bound by these terms of sale. Prior to agreeing to the terms or executing a bid, please read all terms of sale. Executing a bid constitutes agreement to the terms of sale and is a binding contract to purchase the lot.
1. SHIPPING or LOCAL PICKUP:
- Shipping - Items requiring shipment will be shipped by Omnia's in-house shipping department or in some cases a 3rd party shipping agent. Although best-effort is made to ship items in-house, those considered over-size, fragile, framed or complex may be outsourced to a 3rd party shipping agent. Please allow up to 14 business days after receipt of cleared invoice payment for purchases to be packaged for shipping. For accuracy of the shipping cost, shipping may be calculated and invoiced separate from the auction purchase invoice. Your shipping will be calculated separately if you do not see a shipping cost line item on your auction invoice. If an invoice is paid by credit card, the purchase must ship to the verified billing address of the credit card. Once shipped, buyers receive their shipment tracking information by email. In-House domestic shipments are by USPS or FedEx. International shipments are sent USPS Express or Priority Mail International. All Domestic shipments include mandatory insurance, tracking, and signature delivery confirmation. International shipments cannot be insured and are sent at the buyers' risk. Omnia must be notified of Shipping Claims, Damage or Loss within 7 days of receipt. All shipping damage / loss claims must be processed and resolved through the organization by which they were shipped or insured. Absolutely no refunds or claims may be submitted beyond 7 days of receiving a shipment. With approval by Omnia, buyers are able to arrange for their own shipping.
- If designated for 3rd party shipping, unless notified of the buyer desiring to arrange their own shipping, Omnia will automatically turn the items over to a 3rd party shipping agent. The 3rd party agent will contact the buyer to facilitate the shipping.
- Local Pickup - Buyers are able to pick their items up in person from Omnia's Gallery: 1668 Capital Circle SE., Tallahassee FL 32301. All local pickups are by appointment and must take place within 15 days of the auction.
Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Conditions provided are only the opinion of the auction house. The bidder is ultimately responsible for determining the condition of a lot. Unless otherwise described, single item lots are guaranteed authentic. If a guaranteed item is deemed "not" to be authentic by a panel of 3 competent authorities or at the discretion of the Auctioneer, a full refund of the purchase price and buyers premium shall be the limit of liability of the auction company and or its representatives. All Returns must be pre-authorized and made within 10 days of receipt of the purchase. All guarantees are void beyond 10 days of receipt of the purchase, or if an item has been tampered with, enhanced, altered, damaged or removed from original mounting. Lots of more than a single item of any product are intended as "dealer" lots. Lots of more than a single item are sold 'as is, where is ' absolutely no exceptions, warranties or guarantees, and the ultimate determination as to authenticity and condition is the responsibility of the bidder. Omnia has the right to withdraw any lot. Omnia reserves the right to cancel / nullify the sale of any lot sold through auction.
3. ABSENTEE BIDDING:
Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, Internet bidding websites, mail or fax. Absentee bidders agree to all terms and conditions. Omnia cannot guarantee the execution of absentee bids.
4. TELEPHONE BIDDERS:
All telephone bids must be submitted no less than 24 hours prior to auction. Telephone bids may be submitted via email, our website, mail or fax. Telephone Bidders must be willing to bid at least the minimum opening bid of the lot. Telephone bidders agree to all terms and conditions. Omnia cannot guarantee the execution of telephone bids.
The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced 'sold', the high bidder acknowledged by the auctioneer has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYERS PREMIUM:
A buyer's premium of 20% applies to all bids. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
Omnia does not auto-bill credit cards used in the registration process or stored on a bidder account. All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. Accepted forms of payment are cash, check, bank wire, and all major credit cards. If paying by credit card, it is required that all credit card information and billing information match what is on file with the card issuer. In the case of non-matching credit card information the payment will be voided. Omnia reserves the right to require payment by Bank Wire or Check. If payment is not received with 7 days, Omnia has the right to deem the sale "null & void" and a non-paying bidder claim will be left. Omnia reserves the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX:
Shipments going to Florida addresses and bidders picking up in person are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax Re-Sale Certificate on file with Omnia.
In an instance of a reserve, the auctioneer will announce the lot being sold as 'having a reserve'. The reserve will never be greater than the low estimate. If a lot is offered with a reserve, Omnia may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received, Auctioneer will pass the lot. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Omnia is not responsible for any delays or losses due to false or incorrect information provided at the time of registration.
The bidding advances shall be regulated by the auctioneer and shall be at his discretion. Omnia reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered in the same auction. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. Omnia and the auctioneer act as agent only, and shall not be liable for any default of the purchaser or vendor.
12. BID INCREMENTS:
All bids, including absentee and Internet must be on increment. In some instances, auctions may have a custom (one which differs from the standard default increment table) bid increment table associated. The auctioneer reserves the right to deviate from the established increment at their discretion. Standard default increments are as follows: $0-100: $5 $101 - 400: $10 $401 - 800: $25 $801 - 1500: $50 $1501 - 5000: $100 $5001 - 10,000: $200 $10,001 - 20,000: $250 $20,001 - 40,000: $500 $40,001 - 100,000: $1000 $100,001 - Greater: $2000
13. DISPUTE or TIE BETWEEN BIDDERS:
In the event of any dispute between bidders or a tie bid between any bidder, bidding medium or platform, the auctioneer has sole and final discretion to determine the successful bidder and award the winning bid. The auctioneer’s sole resolution of dispute is final.
Consignors are not permitted to bid on their own items for the sole purpose of advancing the bid. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing an item up for auction, a consignor has contractually agreed to sell by the terms of the consignment agreement.
15. GENERAL TERMS & INFORMATION:
Employees and associates of Omnia are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida.
16. INTERNET BIDDING:
Bidders are able to bid via the Internet. If bidding live via the Internet, please bid quickly. The auction moves at approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidders' behalf until your bid is either successful or exhausted. This means, if the bidder leave an Internet absentee bid of $500, and the winning bid increment is $350, the bidder is successful with the winning bid of $350. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Neither Omnia nor the company providing the online bidding service or platform is responsible for a missed bid or for the failure of the online bidding platform to function properly.
17. MINIMUM OPENING BIDS:
Omnia determines and establishes minimum opening bids for each lot. In most cases, the minimum opening bid is 75% of low estimate for a given lot. A lot may be passed / not sold in the case a minimum bid is not met. Auctioneer, during the course of the auction, has discretion to revise a minimum opening bid.
18. APPROVAL TO BID:
Omnia has sole discretion to approve or decline a bidder at anytime.
In the event of a Technology issue of any type, Omnia reserves the right to stop the auction, extend the bidding, pause bidding, cancel the auction, reschedule the auction, or to remedy the situation in any other way they see fit. Examples of this situation, may include but are not limited to, issues with technology, servers, computers, the Internet, online bidding platforms, or telephone service.
Omnia reserves the right, for any reason whatsoever, to delay, cancel, postpone, or reschedule the auction.
ALL BIDDERS AGREE TO TERMS OF SALE.
FL AB3777, FL AU3798