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 and/or to request a condition report. Please email

info@juliensauctions.com for a condition report.

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 25% Buyer’s Premium

will be added to the hammer price on each individual lot with

a hammer price of $0 to $100,000, on which I am the

successful bidder. I further acknowledge and agree that for

each individual lot sold for a hammer price above $100,000,

on which I am the successful bidder, a Buyer’s Premium of

25% will be added to the hammer price up to $100,000 and

an additional Buyer’s Premium of 20% will be added to any

amount above $100,000. By way of example, on a lot with a

hammer price of $125,000, a Buyer’s Premium of 25% will be

added to the hammer price up to $100,000, for an amount of

$25,000, and a Buyer’s Premium of 20% will be added to the

remainder of the hammer price of $25,000, for an amount of

$5,000. Thus, the total Buyer’s Premium of $30,000 will be

added to the hammer price of $125,000. In addition, there will

be an additional 3% buyer’s premium charged for any lots won

online. There is a minimum buyer’s premium of $25 per lot. 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, plus sales tax if applicable, 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. In the event Julien’s Auctions has agreed in writing

prior to the auction to provide payment terms or an extended

period of time for payment to you, you acknowledge and agree

that you shall have no right, title, or interest in and to any

property purchased by you until all amounts owed by you are

paid in full. If you fail to comply with the terms of the payment

plan or extended payment period, upon your default, Julien’s

Auctions shall have the unequivocal right, at its sole discretion,

to sell some or all of the property on which you were the

successful bidder, and to apply the proceeds toward the

balance of any monies owed by you to Julien’s Auctions. If

the monies received through the sale of the items do not meet

your outstanding obligations, Julien’s Auctions shall have the

right to pursue any and all remedies available under the law

against you pursuant to the provisions set forth herein. If the

monies received through the sale of the items exceed your

outstanding obligations, the excess, minus any fees or costs

incurred by Julien’s Auctions in connection with and arising

out of the sale of the properties, shall be refunded to you.

Payments: Checks should be made to payable to Julien’s

Auctions, 3327 La Cienega Place, Los Angeles, CA 90016.

Julien’s Auctions will invoice only for the property (including

buyer’s premium and any applicable sales tax). We accept wire

transfer, cashier’s check or personal check, MasterCard and

Visa. Auction items picked up in California and all California

and New York residents will be charged sales tax. Processing

fees for credit card payments may apply. Invoices under

$5,000 will be charged automatically to the credit card on file

unless prior arrangements are made.

Shipping: 

Shipping has been contracted by ArtPack for Invoices greater than $400. Invoices

$400 and lower will be shipped in-house by Julien's Auction. Invoices must be paid in

full prior to shipping. After the buyer has paid for their item(s)

through Julien’s, they must contact Art Pack Inc. to coordinate

shipping. All shipping inquiries can be directed to Art Pack Inc.

at info@artpackco.com or by phone at (310) 328-0300. Art

Pack Inc. accepts payment by check bank wire, Visa,

MasterCard, Discover and American Express. Please allow 2-

12 weeks for the delivery of your property depending on the

size of the auction, the receiver’s destination, or the mode of

transportation. All auction property is shipped at the bidder’s

expense. Courtesy to all Julien’s Auctions clients, 30 days free

pick up, and storage is offered. After 30 days, we charge 8.00

per lot, per day, unless prior arrangements are made. Julien’s

and Art Pack Inc. will not falsify or claim a lower value on

Customs documents. Julien’s and Art Pack Inc. are not

responsible if there is any delay in Customs. Julien’s and Art

Pack Inc. are not responsible for returned shipments. The

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

Customs, and other unforeseen charges. The buyer agrees

that Julien’s Auctions will not be responsible for shipping of

the property after the auction and they will deal directly with

Art Pack Inc.

Julien’s provides pre-auction estimates for each item in the

catalog. This estimate is a range based on past sale

performance and an interpretation of comparable sale prices.

Pre-sale estimates are subject to change and are offered

exclusive of buyer’s premium or applicable taxes. The

estimate may not be a prediction of actual selling prices which

will be determined during the auction.

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 for

Julien’s Auctions. Any person registering to bid by phone,

absentee, or in person will complete a Bidder Registration

Form. Online bidders will submit a completed form through

julienslive.com.

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

completion of 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 1½% 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.

Any claim or controversy arising out of or relating to the

Auction, the Bidder Registration Form or any breach thereof

between the registered bidder and Julien’s shall be submitted

to arbitration in Los Angeles County, California before an

arbitrator from the Judicial Arbitration and Mediation Services,

Inc. (“JAMS”) and conducted under its Comprehensive

Arbitration Rules, as the exclusive remedy for such claim or

controversy. Both parties further agree that the arbitration shall

be conducted before a single JAMS arbitrator who is a retired

California or federal judge or justice. By agreeing to arbitrate,

the parties waive any right they have to a court or jury trial. The

decision of the arbitrator shall be final and binding. The parties

further agree that, upon application of the prevailing party, any

Judge of the Superior Court of the State of California, for the

County of Los Angeles, may enter a judgment based on the

final arbitration award issued by the JAMS arbitrator, and the

parties expressly agree to submit to the jurisdiction of this

Court for such a purpose. The prevailing party shall be entitled

to recover the party’s attorneys’ fees and costs incurred in

connection with the arbitration.

Copyright Notice: Buyers of the property will not acquire any

copyright or similar right whatsoever to the property, music or

likenesses contained therein of Michael Jackson. The buyer

may not in any way reproduce, distribute, or create derivative

works of the property or copyright embodied in the property

or cause anyone else to, without the prior written consent of

the Estate of Michael Jackson who retain such rights.

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

one (1) year 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.

Key:

• An item with this symbol indicates that the item will be sold

with a reserve

* This symbol indicates that Julien’s Auctions owns this item

in whole or in part

O If Julien’s Auctions has an economic interest in a lot

beyond the commission, through advancement of proceeds

or any other interest it is, it is indicated with this symbol.