Terms & Conditions

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Terms & Conditions

Terms

1. Prior to sale, all bidders must register with MiddleManBrokers Inc. or online to participate in live bidding.

2. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalog (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty of merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalog, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalog or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs.

3. Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting or lot of silver gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalog or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price.

4. A premium equal up to 30% of the successful bid price will be added thereto and is payable by the purchaser as part of the total purchase price.

5. The State of Florida Sales Tax (7%) is computed on this total purchase price. The purchaser will be required to pay Florida Sales Tax unless exempted through possession of a valid State of Florida Sales Tax number on file. Please Note: The State of Florida has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction. As a result of recent and ongoing legislation, most U.S. states now require businesses to collect and remit sales tax on online purchases made from their states. Regardless of where sellers are located, they are required to charge tax on internet orders if your state mandates it. Each state has different requirements and thresholds on what is taxed and how much. Note: Purchases shipped to or picked up in states that do not impose sales tax will not be subject to tax. Sales tax will not apply to purchases made by bidders with valid tax exemption certificates. If you have a valid tax exemption certificate, upload it to your Live Auctioneers account or email info@mmbauction.com a copy to ensure your purchases are not subject to tax.

6. The Auctioneer reserves the right to withdraw any property at any time before actual sale.

7. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalog. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction.

8. On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased.

9. Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments. 10. The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale.

11. Bidding will constitute full acceptance of the terms and conditions herein.

12. PAYMENT: At MiddleManBrokers Inc. we take payment policies seriously, and it is our goal to ensure that our clients are fully informed of their obligations when making purchases. As such, we have outlined the following payment terms, which are legally binding for all transactions: Accepted Forms of Payment: Payment will be accepted in the form of Visa, MasterCard, American Express, Discover, personal check, cashier's check, bank wire transfer, money order, and cash (in-house only). Wire Transfer Policy: In compliance with our wire transfer policy, any purchases exceeding a total amount of $5,000 USD must be made by wire transfer. Internet Bidders: We require payment within 72 hours after the invoice is sent. Failure to make payment within this time frame will result in the automatic charge of your credit card on file unless prior payment arrangements have been agreed upon. Payment Reminder: A payment reminder invoice will be sent to all unpaid bidders 5 business days following the auction. Non-Paying Bidders: Failure to make payment within 10 business days of the auction will result in the voiding of the sale of the item(s) to that bidder. Additionally, non-paying bidders will be prohibited from registering for any future auction held by MiddleManBrokers Inc. Auction Floor Bidders: In the event that an auction floor bidder fails to make payment within 10 business days without prior agreement by MiddleManBrokers Inc. management, the item(s) will be relinquished by the bidder, and the bidder will be prohibited from registering for any future auctions held by MiddleManBrokers Inc. By making a purchase with MiddleManBrokers Inc., you acknowledge and agree to the terms outlined above. We appreciate your cooperation and adherence to these policies. Please feel free to contact us if you have any questions or concerns.

13. SHIPPING: At MiddleManBrokers Inc., we strive to ensure that our clients are fully informed of our shipping terms and policies. Please read the following carefully, as they are legally binding for all transactions: Shipping Fees: The shipping fees listed with each lot apply only to continental USA shipping. Non-continental USA shipping is subject to higher shipping fees. For international bidders, we will refer you to local third-party shippers. Please inquire about shipping to a particular country before the start of the auction. Order Fulfillment: Purchased items will be shipped on a first paid, first shipped basis, and it may take up to (10) business days for said shipment to leave our auction house. For time-sensitive shipments, we (MiddleManBrokers Inc.) will expedite payment processing and shipping for a nominal fee. Personal Check Clearance: Items paid for by personal check are subject to a ten (10) business day hold for funds clearance. Shipping Method: All domestic mainland items are shipped via FedEx ground unless otherwise specified or requested by the customer. For items that are too large for in-house shipment, a gallery-approved vendor will be provided for crate and freight services. Framed Artwork: For framed artwork, we sell the item based on being framed and matted prior to being consigned to the gallery. We (MiddleManBrokers Inc.) will not remove any item from the frame and/or matting unless there is damage to a front glass panel prior to being sold. Sometimes there may be damage or alteration to the artwork that is not visible once the art has been framed. However, upon removal from the frame, it has been discovered on multiple occasions that there was a flaw hidden from view, causing the item to be returned due to misrepresentation. We (MiddleManBrokers Inc.) will no longer provide frame removal service, nor will we (MiddleManBrokers Inc.) assume responsibility for the artwork's condition if the winning bidder decides to have the art removed from the frame by a third-party shipper. By making a purchase with MiddleManBrokers Inc., you acknowledge and agree to the terms outlined above. We appreciate your cooperation and adherence to these policies. Please feel free to contact us if you have any questions or concerns.

14. Insurance: All items are insured for the full purchase amount less carrier shipping charges, or the maximum amount allowed by the carrier and/or country of destination. However, insurance is not included in the specified shipping amount listed in the item description. Insurance may be purchased at the rate of $1.00(US) per $100.00(US) of insurance coverage. All invoices are sent with insurance already factored into the shipping charge. The customer has the right to waive any insurance amount by providing written consent that the customer will not hold MiddleManBrokers Inc. or its shipping carriers responsible for damaged and/or lost shipments due to uninsured/underinsured packages. In some instances, we (MiddleManBrokers Inc.) reserve the right to only ship certain items if insurance is purchased for the full amount of the item(s) being shipped.

15. Storage Fees: Oversize items, including items listed as "We Will Not Ship" in the lot description, must be removed from our gallery within 10 days after the auction, or they will be subject to a storage fee of $10 per lot, per day, unless other arrangements have been made with the gallery. MiddleManBrokers Inc. will hold items for a maximum period of 3 months post-auction. After this period, the client agrees to forfeit the item(s) back to the seller (MiddleManBrokers Inc.), and understands that no refund will be given. It is the responsibility of the client to arrange for timely pickup of their purchased items and to ensure that all storage fees are paid in full. MiddleManBrokers Inc. reserves the right to take legal action to recover any unpaid storage fees or other costs associated with the storage of client items.

16. Processing Fee: At MiddleManBrokers Inc., we require all clients to acknowledge and accept the following terms and conditions when paying for their purchases using a credit card or PayPal: A processing fee will be applied to all orders that use a credit card or PayPal to pay for the invoice. This fee is charged by the payment platform and not by MiddleManBrokers Inc. The processing fee amount may vary depending on the payment platform used and will be clearly stated on the invoice. Clients are responsible for ensuring that they have reviewed and accepted the processing fee before making payment. MiddleManBrokers Inc. will not be held liable for any misunderstanding or dispute arising from the processing fee charged by the payment platform. By making a payment using a credit card or PayPal, clients acknowledge that they have read and understood these terms and conditions and agree to be bound by them.

17. Refund/Return Policy: All items sold by Middlemanbrokers Inc. are sold as is and final. However, if an item is broken upon arrival, we will accept a return. In order to process a return, customers must send us a photo of the box and an open shot showing how the item was packaged, as well as photos of the broken item. Customers must contact us within 7 business days of receiving the item to arrange for a return. If arrangements are not made within this time frame, we will not be able to accommodate a refund. Please note that we reserve the right to refuse a return if we determine that the item was damaged by the customer after it was received. Additionally, we do not accept returns for any reason other than a broken item upon arrival. We will process refunds for returned items as soon as we receive and inspect them. Refunds will be issued in the original form of payment. Customers are responsible for any shipping costs associated with returning the item. By purchasing an item from Middlemanbrokers Inc., you agree to the terms and conditions of this refund/return policy. If you have any questions or concerns, please contact us before making a purchase.