TERMS & CONDITIONS OF SALE

1. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog, advertisements, website, addendum sheets or any form of oral, written, electronic media will be offered for sale or sold by Great American Auction House and any client for whom we act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement.

2. All bid prices "hammer prices" (means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium payable by the purchaser of 10% of the bid price on one item. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. Applicable New York state sales tax or local sales tax and other applicable tax are computed on the total purchase price. To establish a tax-free sale, a copy of a valid New York resellers permit must be provided to our satisfaction establishing a sales tax exemption, PRIOR TO THE START OF THE AUCTION. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us and seek a refund from the State of New York.

3. Auction sales are strictly for cash, cashier's check or a good check issued from a bank located in New York (with prior approval of the management).  NO OUT OF STATE CHECKS ACCEPTED.  Master Card and Visa MAY BE available at some auctions, in this case this form of payment will be listed in the advertisement prior to the auction.  You must have a bid card to bid on merchandise.  To obtain a bid card you must register with us prior to the start of the auction.  In order to register you must have at least a valid drivers License.  Other forms of identification may be required.  We reserve the right to accept/qualify or reject any person as a bidder. All sales are final at the fall of the Auctioneer's hammer.

4. At the announcement of "SOLD", the highest bidder will have purchased the offered lot. This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the purchase price, buyer's premium and any applicable taxes, no lot may be transferred. All items purchased by successful bidders must be paid for in full the day of sale. Only registered bidders may pay for purchases.  If a registered bidder allows another person to use his/her bid card to bid, the registered bidder is responsible for payment. All property must be removed from auction premises at the purchaser's expense the day of the auction. If the property is not removed, it may be transferred to a public warehouse for the purchaser at the purchaser's risk and expense or, at the auctioneers discretion, items not removed the day of the auction will be subject to a storage fee of twenty five dollars ($25) per item per day Each purchaser at this auction grants us a security in the property purchased. We may retain as collateral security for the purchaser's obligations to us any of the purchaser's property and all monies held or received by us. We may apply against such obligations monies held or received by us for the account of, or owing to, the purchaser. We retain all rights of a secured party under the United States Uniform Commercial Code and New York Uniform Commercial Code. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, 10% buyers premium, and applicable sales tax, we at our option may either
(1) cancel the sale, retain as liquidated damages all payments made by the purchaser or
(2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorney's fees and incidental damages, etc. All purchases must be paid for immediately at the close of the auction. No Items can be removed from the premises until paid for and once they are paid for they must be removed immediately. 

5. We reserve the right to withdraw any property prior to sale.

6. We reserve the right to reject a bid from any bidder. The highest bidder, acknowledged by the auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Any dispute after the sale our records will be deemed conclusive in all respects.

7. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.

8. All property offered for sale is as is, where is. The Great American Auction House does not guarantee or make warranties on any lot sold. Descriptions in the catalog, website, advertisements etc., are opinion. They are written as an aid to potential bidders. It is the bidder's responsibility to personally view any item you bid on or have an acknowledged expert view the item. Statements and or any written descriptions are opinions, not statement of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and physical condition are qualified statements of opinion and not representations or warranties. No employee of the Great American Auction House is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any property.

9. If the Great American Auction House does any packing and handling of purchased lots, it is done at the entire risk of the purchaser. All items will be charged for insurance; this insurance is mandatory. We are not liable for any acts of omission or damage in handling, packaging or shipping. Purchased lots handled by outside carriers or packers including those we may have recommended such carriers or packers may carry their own insurance and any claims for losses or damages should be addressed directly to them.

10. The conditions of sale, the purchasers and our respective rights and obligations hereunder are governed by New York law. By bidding at our auction whether in person or by agent, absentee bid, online bid or other means, the buyer or bidder agrees to the contract created by these conditions. 

11. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

12. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). We strongly discourage any consignor to using reserve; at times it may be necessary to utilize reserves and will be done at the discretion of the Great American Auction House.

13. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions.

14. As a service to anyone wishing to place bids in advance of the sale we may accept bids at our own discretion by absentee bid or sealed bid using the forms we provide. We assume no responsibility for failure to execute absentee/sealed bids for any reason whatsoever. All absentee bids or sealed bids will be bid on a competitive basis by a member of our staff.


15. Acceptance of a bidder card in conjunction with a recognized bid constitutes acceptance of the aforementioned Terms & Conditions of Sale.

16. Limitation of Liability. Except as expressly provided above, all property is sold "as is", "where is". The Great American Auction House nor the consignor makes any representation or warranty, express or implied, as to the title, merchantability, fitness or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property or as to whether the purchaser acquires any copyrights or other intellectual property rights in lots sold or as to whether a work of art is subject to the artist's moral rights or other residual rights of the artist. All lots are sold as collector lots only. The purchaser expressly acknowledges and agrees that in no event shall the Great American Auction House or it staff or consignors be liable for any damages including without limitation any compensatory, incidental or consequential damages.

Admin Login