Terms & Conditions
The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Lilly’s Inc. dba Lilly Auction & Gallery, (“Lilly’s”), and any consignor of such property for whom we act as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale.
TERMS AND CONDITIONS OF SALE
1. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Lilly’s attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 704-821-9951. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. We do not give refunds! All sales are final!
2. All property is sold “AS IS, WHERE IS” and neither Lilly’s nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Lilly’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Lilly’s sale record is conclusive. Lilly’s records the audio portion of each auction.
4. The purchaser assumes full responsibility for items at the fall of the hammer.
5. As a convenience to customers, absentee bids and phone bids will be executed by Lilly’s personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Lilly’s will not be responsible for failure to execute absentee or phone bids.
6. There will be a buyer’s premium of 13% (18% for Internet bidders) added to the hammer price of each lot and it will be considered part of the total purchase price. All purchases will be subject to an 6.75% North Carolina sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of N. Carolina or (2) if you are a N. Carolina resident and you possess a valid tax-exempt number. Lilly’s must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions!
7. PAYMENT – Domestic Clients: We accept bank wire transfers, cash, personal or company check with proper ID, cashiers check, travelers check, money order, Visa, MasterCard, or Discover cards. (a) Items purchased in person must be paid for on the day of the auction. If you leave without paying, your credit card will be charged the next day. (b) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (c) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact Lilly’s via telephone 704-821-9951 or email at email@example.com to make payment. (d) If paying by check, Lilly’s reserves the right to hold all purchases until the check has cleared to the satisfaction of Lilly’s and its bank. International Clients: We accept wire transfers, Visa, MasterCard, or Discover. Please Note: There is a maximum of $25,000 that may be charged to credit cards, per client invoice.
8. SHIPPING – It is the buyer’s responsibility to arrange for and pay for shipping. Lilly’s will not be packing or shipping any items won on the Internet. A third party shipper will be used. Please contact Lilly’s at 704 821 9951 for specific instructions on packing or method of shipping. Our shipper will be adding a signature confirmation to all items shipped, unless otherwise stated from buyer. A $5.00 fee will be added to the packing and shipping cost for a transport fee to local shipper. If furniture is bought, the buyer is responsible for the shipping, and will have 15 days to remove the item or a storage fee will be enforced of $10.00 per day. If the item is not removed in 30 days it will become property of Lilly’s and will be resold.
OUR PREFERRED SHIPPERS ARE: Indian Trail Pack n' Post 598 Indian Trail Rd S Indian Trail, NC 28079 704-234-0310 ITPACKNPOST@WINDSTREAM.NETThe UPS Store 14039 Hwy 74E Suite A6 Indian Trail, NC 28079 704 882 6796 firstname.lastname@example.org
9. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
10. Lilly’s reserves the right to withdraw any lot at any time before the auction without liability.
11. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.
12. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.
13. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Lilly’s at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
14. Live internet bidding is available during the auction. Current bids on the internet will be executed on your behalf during the auction by www.proxibid.com. However, Lilly’s, cannot be held liable for live internet bids that are not sent, received, or executed by the administrator. If you are bidding live, real-time on-line, please bid quickly because there is a time delay in receiving live bids. In the unlikely, event that we lose our internet connection, Lilly’s reserves the right in its sole and absolute discretion to continue or to cancel the remainder of the auction.
15. Some lots may be offered with a “reserve” which is the minimum price below which the lot will not be sold. Lilly’s may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneer may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. In some event the reserve may be the low estimate.
16. Please note all our Auctions are audio and video recorded.
Gerald R. Lilly NCAL #7526, NCFL #8270