Terms of Sale - LeMoyne Art & Soul Celebration Charity Art Auction
Please use the following links to return to the Art & Soul session 1 and session 2 Online Bidding Catalogs:
- Session 1 Online Bidding Catalog: Live In-Person & Online Charity Auction (Thursday, October 21st at 5:30pm Eastern)
- Session 2 Online Bidding Catalog: Online Only Charity Auction (Friday, October 22nd at 6:00pm Eastern)
Omnia Auctions LLC (Omnia Auctions) | LeMoyne Art & Soul Celebration Charity Art Auction
First and foremost, we thank you for your participation in the LeMoyne Art & Soul Celebration Charity Art Auction. 100% of the proceeds of this auction go to benefit LeMoyne Arts ~ Creating Community Through Art which supports their mission to promote and advance education, interest and participation in the contemporary visual arts. Each dollar you spend is greatly appreciated.
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 PICKUP:
2. LOTS: 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 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. The auction house has the right to withdraw any lot. Auctioneer 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. Omnia cannot guarantee the execution of telephone bids. All telephone bidders agree to the terms of sale.
5. BIDDING: 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. PAYMENT: Omnia does not auto-bill credit cards used in the registration process or stored on a bidder account. All payments will be made directly to LeMoyne Arts. Omnia is not collecting any payments in relation to this auction. Following the auction, please call LeMoyne if you wish to make payment by credit card over the phone 850-222-8800. You may also pay in-person at the time of pickup or mail a check / money order to LeMoyne Att: Art & Soul 125 N. Gadsden Street Tallahassee, FL 32301. Accepted forms of payment are check, money order, MasterCard & Visa. For questions regarding payment, please call LeMoyne at 850-222-8800. All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. 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. LeMoyne reserves the right to require payment by Check. If payment is not received within 7 days, LeMoyne has the right to deem the sale "null & void" and a non-paying bidder claim will be left. LeMoyne reserves the right to verify funds on all 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.
7. SALES TAX: No sales tax. This is a Non-Profit charity auction event.
8. RESERVE: 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, Auctioneer 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, we will pass the item. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
9. IDENTIFICATION: 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. Neither Omnia nor LeMoyne Arts is responsible for any delays or losses due to false or incorrect information provided at the time of registration.
10. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer 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 until a later sale. 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. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor. The auctioneer, for any reason whatsoever, may cancel or reschedule the auction.
11. BID INCREMENTS: All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. 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
12. 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.
13. CONSIGNORS: Consignors are not permitted to bid on their own items. 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.
14. GENERAL TERMS & INFORMATION: Employees and associates of Omnia and LeMoyne 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.
15. INTERNET BIDDING: Bidders are able to bid via the Internet. If bidding live via the Internet, please bid quickly. We auction 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 you leave an Internet absentee bid of $500, and the winning bid increment is $350, your winning bid is $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.
16. MINIMUM OPENING BIDS: Omnia determines and establishes minimum opening bids for each 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.
17. APPROVAL TO BID: Omnia has sole discretion to approve or decline a bidder at anytime.
18. TECHNOLOGY: 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.
19. CANCELLATION: Omnia reserves the right, for any reason whatsoever, to delay, cancel, postpone, or reschedule the auction.
20. BUYERS FEE: 0% (No Buyer Fee)
21. NOT FOR PROFIT CHARITY EVENT: LeMoyne Art Foundation Inc. is an independent nonprofit organization with 501(c)(3) federal tax-exempt status. All donations are deemed tax-deductible absent any limitations on deductibility applicable to a particular taxpayer. A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling 1-800-435-7352 toll-free within Florida or at www.800HELPFLA.com. Registration does not imply endorsement, approval, or recommendation by the State.
ALL BIDDERS AGREE TO TERMS OF SALE.
FL AB3777, FL AU3798