Terms and conditions

Julien’s Auctions guarantees the authenticity of

Attribution of property listed in the catalogue or online as

stated in the Terms of Guarantee. Except for the Limited

Warranty contained in the terms of guarantee all property is

sold “As Is.” We make no warranties, nor does the consignor,

as to the merchantability or fitness for a particular purpose,

the correctness of the catalogue or other description of

the physical condition, size, quality, rarity, importance,

medium, provenance, exhibitions, literature or historical

relevance of any property. No oral or written statements

made in the catalogue, online listing, advertisement, bill of

sale, and announcement or elsewhere made by employees

(including affiliated and related companies) shall be

considered a warranty. We and the Consignor make no

representations and warranties, express or implied, as to

whether the purchaser acquires any copyrights, including

but not limited to, any reproduction rights of any property.

We and the Consignor are not responsible for errors

and omissions in the catalogue, online listings or any other

supplemental material.

It is the responsibility of prospective bidders of live

auctions to inspect the property before bidding to determine

its condition, size, and to determine if it has been repaired

or restored.

A buyer’s premium will be added to the successful bid

price and is payable by the purchaser as part of the total

purchase price. I acknowledge and agree that a 20%

Buyer’s Premium will be added to the hammer price on

individual lots $50,000 and higher, and a 25% Buyer’s

Premium on all individual lots of $0 – $49,999 which I am

the successful bidder. In addition, there will be an additional

3% buyer’s premium charged for any lots won online. This

is regardless of affiliation with any group or organization.

I further acknowledge that I am responsible to pay Julien’s

Auctions the aggregate of the hammer price and the Buyer’s

Premium for such lot(s). All invoices must be paid within

10 calendar days after the close of the auction. I authorize

Julien’s Auctions to charge my credit card provided at

registration for all items purchased at this auction, and any

future Julien’s Auctions I may participate in, if not paid in

full within 10 calendar days after the close of the auction.

Payments: Julien’s Auctions will invoice only for

the property (including buyer’s premium). Payments for

winning lots should be made to Julien’s Auctions, P.O. Box

691789, West Hollywood, California 90069. We accept

wire transfer, cashiers check or personal check, American

Express, MasterCard and Visa. California and New York

residents will be charged sales tax.

Shipping: All shipping has been contracted by Rockin

Boxes Global (RBG), for hereon referred to as RBG. All

property will be shipped by RBG out of Los Angeles,

California, United States. RBG takes Visa, Mastercard and

Check. RBG does not accept wire transfers or American

Express. Please allow 2–4 weeks for a shipping quote after

receipt of your proof of payment from Julien’s for your lot(s),

and 2–12 weeks from receipt of payment for delivery of each

lot dependent on the destination and mode of shipment. RBG

will not ship USPS. There will be no exceptions. Timescales

and charges can be discussed with RBG prior to the sale.

Each lot to be sent fully insured. RBG will not claim a lower

value on a lot to avoid customs on international shipments.

The buyer is responsible for all fees including duties, taxes,

VAT, customs and other charges for lots shipped. RBG is not

responsible if there is a delay in customs. All property must

be shipped at the winning bidder’s expense. After the buyer

has paid for their item(s) through Julien’s, they must contact

RBG at 877-420-0212 or Email: info@rockinboxes.com to

pay and coordinate shipping. Paid items may be picked

up in Los Angeles after the auction at RBG by contacting

a RBG associate at the above phone number and/or email

to coordinate. Pickup will be available free of charge for

up thirty days after the close of the auction. Thirty days

after the close of the auction, pickup fees will be $45.00

for up to three lots, $10.00 for each additional lot. After 12

weeks, a $8.00 per day fee PER LOT will be assessed by

RBG to cover storage and Insurance for items not picked up.

This fee also applies to items that will be shipped by RBG.

On all local deliveries (within 15 miles) RBG will charge

$55.00 per hour (for one man delivery) $90.00 per hour

(for two man delivery) with a 2 hour minimum per job, to

be coordinated with RBG. There is no insurance available

for local deliveries. The buyer agrees that Julien’s Auctions

will not be responsible for shipping of the property after the

auction and the buyer will deal directly with RBG in Los

Angeles. All items purchased, as well as the cost of shipping

such items, must be paid in full prior to the release and/or

shipment of such items to the Buyer.

Bids will not be accepted from those persons under

the age of eighteen (18) without written consent of said

persons parent or legal guardian. Written consent must

acknowledge the terms and conditions of sale. This written

consent constitutes an agreement to be bound thereby on

behalf of the bidder.

Bidder registration is required for all persons wishing

to bid live and online for Julien’s Auctions. Any person

registering for the auction in person or online will complete

a registration or bid sheet.

All items are offered subject to a reserve. The reserve

is the confidential minimum price acceptable to the

Consignor. During a live auction the auctioneer may open

any lot by bidding on behalf of the Consignor and may

bid up to the amount of the reserve, by placing successive

or consecutive bids for a lot or bids in response to other

bidders. Online sales may do the same by employing the

use of a starting bid which will commence bidding at or

below the reserve price agreed to by the Consignor.

Julien’s reserves the right to withdraw any property

before the sale and will have no liability for doing so.

We reserve the right to accept or decline any bid. Bids

must be for an entire lot and each lot constitutes a separate

sale. All bids are per lot unless otherwise announced at a

live sale by the auctioneer. Live auction lots will be sold

in their numbered sequence unless the Auctioneer directs

otherwise. It is unlawful and illegal for Bidders to collude,

pool, or agree with another Bidder to pay less than the fair

value for lot(s). Bidders participating in both live and online

auctions acknowledge that the law provides for substantial

penalties in the form of treble damages and attorneys’ fees

and costs for those who violate these provisions. For live

auctions the auctioneer will have final discretion in the

event that any dispute should arise between bidders. The

auctioneer will determine the successful bidder, cancel the

sale, or re-offer and resell the lot or lots in dispute. Julien’s

will have final discretion to resolve any disputes arising after

the sale and in online auctions. If any dispute arises our sale

record is conclusive. Julien’s will execute order or absentee

bids, and accept telephone bids as a courtesy to clients who

are unable to attend the live auctions. Therefore we take

no responsibility for any errors or omissions in connection

with this service.

Subject to fulfillment of all of the conditions set forth

herein, on the fall of the auctioneer’s hammer, title to the

offered lot will pass to the highest bidder acknowledged by

the auctioneer, and such bidder thereupon (a) assumes full

risk and responsibility (including without limitation, liability

for or damage to frames or glass covering prints, paintings,

photos, or other works), and (b) will immediately pay the full

purchase price or such part as we may require. In addition

to other remedies available to us by law, we reserve the right

to impose from the date of sale a late charge of 1 1⁄2% per

month of the total purchase price if payment is not made in

accordance with the conditions set forth herein. All property

must be removed from either our premises by the purchaser

at his expense not later than 10 business days following its

sale and if it is not so removed, (i) a handling charge of

1% of the total purchase price per month from the tenth

day after the sale until its removal will be payable to us by

the purchaser, with a minimum of 5% of the total purchase

price for any property not so removed within 60 days after

the sale, and (ii) we may send the purchased property to a

public warehouse for the account, at the risk and expense

of the purchaser.

If any applicable conditions herein are not complied

with the purchaser will be in default and in addition to any

and all other remedies available to us and the Consignor

by law, including, without limitation, the right to hold the

purchaser liable for the total purchase price, including all

fees, charges and expenses more fully set forth herein, we,

at our option, may (a) cancel the sale of that, or any other

lots sold to the defaulting purchaser at the same or any

other auction, retaining as liquidated damages all payments

made by the purchaser, or (b) resell the purchased property,

whether at public auction or by private sale, or (c) effect

any combination thereof. In any case, the purchaser will be

liable for any deficiency, any and all costs, handling charges,

late charges, expenses of both sales, our commissions on

both sales at our regular rates, legal fees and expenses,

collection fees and incidental damages. We may, in our sole

discretion, apply any proceeds of sale then due or thereafter

becoming due to the purchaser from us or any affiliated

company, or any payment made by the purchaser to us or

any affiliated company, where or not intended to reduce

the purchaser’s obligations with respect to the unpaid lot or

lots, to the deficiency and any other amounts due to us or

any affiliated companies. In addition, a defaulting purchaser

will be deemed to have granted and assigned to us and

our affiliated companies, a continuing security interest of

first priority in any property or money of our owing to such

purchaser in our possession or in the possession of any of

our affiliated companies, and we may retain and apply such

property or money as collateral security for the obligations

due to us or to any affiliated company of ours. Payment will

not be deemed to have been made in full until we have

collected good funds. In the event the purchaser fails to pay

any or all of the total purchase price for any lot and Julien’s

elects to pay the Consignor any portion of the sale proceeds,

the purchaser acknowledges that Julien’s shall have all of

the rights of the Consignor to pursue the purchaser for any

amounts paid to the Consignor, whether at law, in equity, or

under these Conditions of Sale.

Under no circumstance will Julien’s incur liability to a

purchaser in excess of the purchase price actually paid.

The terms and conditions of sale herein described shall

be enforced in accordance with, and governed by the laws

of the State of California. Bidder acknowledges and agrees

that the courts of the State of California shall have exclusive

jurisdiction over any dispute(s). Bidder (in person, by agent,

order bid, telephone, internet or by other means) agrees

that any dispute arising shall be litigated exclusively in the

courts of the State of California. Further, venue shall be in

the Superior Court of Los Angeles County, in the state of

California.

Terms of Guarantee

“Attribution” is defined by Julien’s as the creator, period,

culture, source of origin, as the case may be as set forth in

the Bold Type Heading of a lot in a live auction catalogue

or the lot Title of an online auction, as amended by any

oral or written salesroom notices and announcements or

online notices and announcements. We make no warranties

to information not contained in an online lot heading or

information not contained in the Bold Type Heading of any

live auction catalogue subject to the exclusions listed below.

Julien’s warrants the “Attribution”, as defined above and

subject to the exclusions listed below, of a lot for a period

of five years from the date of sale and only to the original

purchaser on record at the auction. If it is determined to

our satisfaction that the “Attribution” is incorrect, the

sale will be rescinded if the lot is returned to the Julien’s

Auctions warehouse facility in the same condition in which

it was at the time of sale. In order to satisfy Julien’s that the

“Attribution” of a lot is indeed incorrect we reserve the

right to require the purchaser to obtain, at the purchaser’s

expense, the opinion of two experts in the field, mutually

acceptable to Julien’s and the purchaser, before we agree

to rescind the sale under the warranty. This warranty is

not assignable and applies only to the original purchaser

on record with Julien’s. This warranty does not transfer to

any subsequent owners of any purchased property (this

includes without limitation, heirs, successors, beneficiaries

or assigns).

Should a sale be rescinded and the purchase price paid

(final successful bid price, plus the buyer’s premium), it

is specifically understood that this will be considered the

sole remedy. It is exclusive and in lieu of any other remedy

available as a matter of law, or in equity.

Exclusions will be made and this warranty does not

apply to “Attribution” which on the date of sale was in

accordance with the then generally accepted opinion of

scholars and specialists, or the identification of periods

or dates of execution which may be proven inaccurate by

means of scientific processes not generally accepted for

use until after publication of the catalogue or listing online,

or which were unreasonably expensive or impractical to

employ.