TERMS & CONDITIONS OF SALE
KJK Antiques, 1014 Gravel Pike, Palm, PA 18070.
Ph:(267) 923-5047 Email: info@kjkauctionhub.com
BUYER’S PREMIUM
A buyer’s premium for each individual lot is 15% of the successful bid price. This amount will be added to the successful bid price of each lot and is payable by the purchaser together with the applicable sales tax which is applied to the total cost of your purchase.
SALES TAX
6% PA sales tax will be added to all sales including buyer’s premium unless a valid sales tax resale exemption is provided. If you have a tax exemption/resale number, please let us know before the auction closes, so we can confirm the PA sales tax has been removed from your invoice. A copy of your tax exemption must be emailed to us at info@kjkauctionhub.com
REGISTRATION
In order to bid in our online auctions, you must register on the KJK Auction Hub online bidding platform; https://bid.kjkauctionhub.com/ui/complete
There is no fee to register. When you register for our online auctions, you agree to a $1 authorization on the credit card you provide. You MUST have a Credit Card to Register. This is a hold only, NOT a deposit or charge. This is done to validate your card only. Please make sure that your credit card information is current, and that the address on your bidder profile is the same address used for your credit card statement. This Credit Card authorization happens for EVERY auction date you register for. Please make sure you will have funds available the night the auction closes for payment.
In order to protect our/our consignors’ interests, we may ask bidders to provide a deposit and/or provide additional financial references. We reserve the right to reject any registration for unqualified buyers.
BID INCREMENTS
ALL BIDS ARE FINAL. ALL BIDS ARE WHOLE DOLLARS.
$1 – $9: Increment: $1
$10 – $49: Increment: $2
$50 – $99: Increment: $5
$100 – $499: Increment: $10
$500 – $999: Increment: $25
$1000 – $9,999: Increment: $50
$10,000 – $19,999: Increment: $100
$20,000 – $29,999: Increment: $250
$30,000 – $49,999: Increment: $500
$50,000 +: Increment: $1,000
The auctioneer reserves the right to alter the bid increments at any time.
PREVIEWS
Our auction gallery remains closed to the public, however in person previews (with limited numbers of people in the building at any given time) are welcomed BY APPOINTMENT ONLY: Tuesday - Thursday 10AM-4:00PM, please call or email to request a day and time.
PAYMENT
If you are a successful bidder in one of our online auctions, the credit card or cards you provided at registration will be billed shortly after the auction closes, and an invoice/receipt will be emailed to you. Please check “spam or junk folders” for Invoices.
Payments can be made with cash, credit card, postal money order, cashier’s check, U.S. bank wire, or personal/business check. Make checks payable to: KJK Antiques, LLC. A fee of up to $50.00 will be charged for returned checks. Purchasers paying with a personal/business check cannot collect items until payment has cleared or ten days post-deposit. We can accept most major credit cards. Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party. Payment is due immediately after the close of the auction. If no credit card is available or if payment has not been received within 14 days, Auctioneer will pursue alternate collection avenues to collect the balance due plus any storage, administrative, attorney, and/or court fees.
This is a public sale conducted by KJK Antiques, LLC and KJK Antiques organizations (“KJK Antiques,” “KJK Auctions”, “KJK Antiques & Auctions”, “KJK Auction Hub”, “we,” or “our”) (hereinafter referred to as “Auctioneer”), a licensed and bonded auctioneer in the Commonwealth of Pennsylvania. KJK Antiques is the agent of the items being sold at auction. By bidding on any item at auction the purchaser agrees to be bound by these Conditions of Sale and/or any other conditions announced and/or published.
All items offered in this auction are sold “AS IS” and the Auctioneer, its agents, employees, and/or consignors do not make any guarantees, warranties, or representations, expressed or implied, with respect to the items or the correctness of the descriptions, the authenticity, physical condition, size, quality, rarity, importance or provenance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty, or representation.
Condition – All prospective bidders are encouraged to inspect the property they wish to purchase prior to bidding. If a bidder is unable to view an item in person, they are permitted to request a condition report and/or additional photographs prior to bidding to determine an article’s condition, size, or other pertinent details. We endeavor to be fair and accurate with our descriptions and condition reports, however, bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report, visible in photographs, or mentioned in a description. If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person. The absence of a condition report does not imply that the lot is in good condition. Please also note that the warranties given by Auctioneer, do not extend to the condition reports. Weights and measurements are approximate. Auctioneer does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, and other mechanical or electric items to be complete or in working condition. Display materials shown in photographs are not included with the lot unless stated in the description.
Reserve – Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and the Auctioneer, below which the lot will not be sold. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders.
Auctioneer’s discretion – At their discretion, the auctioneer may also reject any bid that he/she may determine as having a detrimental effect on the item in question or the sale as a whole. Unless otherwise announced by the auctioneer all bids are per lot as numbered in the catalog. We reserve the right to withdraw any property before sale. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt 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, our sale record is conclusive.
We are not responsible for any errors, omissions, ability or inability, in connection with bidder’s use of any live bidding platform as we are not able to control the reliability of the software used or any transmission speed.
Identical Bids – During auctions, Auctioneer may utilize various bidding options, including multiple online bid platforms, to accept bids in real time. Because multiple bidding options may be present, identical bids may occur on the same lot, without notification to the bidder, prior to the live auction. It is important to understand that: a. The various bidding platforms being utilized by KJK Auctions do not communicate with one another. b. A notification of high bid, or similar notification, pre-auction means only that the bid is the highest absentee bid on that particular platform at that moment in time. A notification of high bid has no bearing on the bidder's final standing during the auction. c. The auctioneer has no knowledge of all bids prior to the moment a lot is auctioned. d. The auction is conducted in pre-determined, fixed increments, (see Bidding Increments, paragraph 8, above). The winner of the identical bids is determined by the order in which the auctioneer recognizes/accepts the bids in real time and not necessarily when the bids were initially placed. Based on the start price and all other competing bids, it is possible for an absentee bid, either online or in-house, to fall off-increment and land in favor of another bidder at the absentee bidder's maximum bid. In all cases, the auctioneer makes the final determination over which bids to accept and in which order, (see Auctioneer's discretion, above).
Title – Title of each lot passes when the hammer falls and/or the auctioneer says “SOLD”. During pickup, if the buyer requests assistance from an employee or agent of Auctioneer with packaging or transport it is fully at the risk, responsibility, and expense of the purchaser, and Auctioneer shall not be liable for any loss or damage that may be caused by such employee or agent. We are not responsible for any damage to property left on the premises. Auctioneer is not responsible for the acts or omissions of third parties whom the buyer retains for shipping, or any damage that occurs after items are removed from Auctioneer auction house.
Non-Payment. If a buyer fails to make payment within 30 days of the day of sale, the Auctioneer shall be entitled to do any or all of the following: a. After 14 Days - Charge the credit card number provided to the Auctioneer by the buyer for the total due plus any applicable fees (storage, interest, etc.). If a deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts. b. After 30 Days – File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, attorney fees, and any other applicable financial hardship caused to Auctioneer, and/or the consignor, or pursue other collection avenues to recover any and all losses. c. Charge interest at a rate of 1% per month throughout the entire time frame of non-payment. d. After 45 Days – Re-offer the items for sale, either publicly or privately, return items to consignor, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to: total balance remaining, lost buyer’s premium, lost consignor’s fee, court costs, interest, storage fees, attorney fees, administrative costs including those related to re-selling the item(s), and any other related fees. e. Reject further bidding or consigning at any and all future auctions. f. Report non-paying bidders to any live bidding platform(s) being utilized.
Shipping/Pick-Up – We reserve the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks, overseas money orders/cashier’s checks, and credit cards), if we deem such action necessary to protect our interest. Items paid via cash, bank wire transfer, cashier’s check (US only), or money order will be released immediately. The cost of shipping is not included in the total purchase price. At an additional cost to the buyer, Auctioneer will provide in-house domestic shipping on eligible items noted in the catalog, or, for items not eligible, will assist buyers in coordinating shipping with outside shipping companies. Items eligible for in-house shipping are at the sole discretion of the Auctioneer. Items not eligible for in-house shipping must either be shipped by an outside shipping company or picked up at our gallery. All items must be picked up, or shipping arrangements made, within one week of the day of sale. All buyers must notify the Auctioneer by email (info@KJKAuctionhub.com) or telephone (267) 923-5047, regarding their chosen shipper. The buyer must pay a separate shipping charge, in advance, for all packaging and shipping expenses including labor, materials, postage, and, if applicable, insurance fees. Any package with a value in excess of $100 must be insured unless the buyer completes a Waiver of Shipping Insurance. If the property purchased is subject to laws governing export from the U.S. or laws restricting imports into foreign countries, the granting of licensing and any applicable fees for export and/or import of such goods is the responsibility of the buyer. Pick-up times are by appointment only Monday through Friday between 10:00AM and 4:00PM. The Auctioneer will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, are responsible for bringing their own packing materials and assistance and must also pack, wrap, and load their items. If it is necessary to change or cancel/reschedule your pre-arranged pick-up appointment, please use the link provided to you at the time of scheduling or call our office to cancel/reschedule. Please provide at least 24 hours’ notice.
Storage Fees – Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot, per day (this rate applies to all items regardless of size or value), unless otherwise discussed with the Auctioneer. Storage fees will begin on the 15th day regardless of payment status. Items still remaining at our gallery 45 days after the auction date will be considered abandoned and may be consigned to a future auction without additional notice to the purchaser.
No Chargeback Policy – Purchasers agree that disputes of any nature may not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against the Auctioneer and/or its credit card merchant. By purchasing at KJK Antiques, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, costs, attorney fees, and/or any other charges associated with responding to said chargeback due to the administrative burden of responding to said dispute.
Restricted Transport of Items – Certain items containing elements of restricted plant and/or animal material may require a permit, license, or certificate and be subject to laws governing export from the Commonwealth of Pennsylvania and import to other states/foreign countries. Prior to purchase, it is the purchaser’s responsibility to familiarize themselves with relevant regulations of the state/country concerned and obtain any necessary permit, license, or certificate. Sales will not be rescinded for the Purchaser’s inability to obtain the required documentation.
Copyright – All information, text, articles, data, images, or other materials provided by Auctioneer either on our website, printed catalog, and/or third-party website are copyrighted and sole property of the Auctioneer and KJK Antiques. You may not edit, modify and/or make use of such copyrighted materials without the express, prior written consent of the Auctioneer. You may only use, download, and/or copy any materials for informational purposes.
Limited Liability - The Auctioneer shall not be liable to the purchaser for any amount in excess of the original purchase price (hammer price, buyer’s premium, and, if applicable, sales tax) including, but not limited to shipping, credit card surcharge, appraisal fees, insurance, etc. See Terms of Guarantee for further details.
Jurisdiction - Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at KJK Antiques, purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot “as is” and with all faults and errors of description. The Auctioneer hereby disclaims all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. The Auctioneer will not refund any shipping and/or handling fees paid to a third party by the purchaser. Disputes of any nature may not be resolved by a credit card chargeback (see Conditions of Sale, No Chargeback Policy). Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report prior to bidding. If you are a successful purchaser, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify the Auctioneer of any major discrepancies to the description. The Auctioneer pays its consignors 30 days after the day of sale. Once consignors have been paid, the Auctioneer will not honor any requests for refunds. If a buyer suspects a major discrepancy and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify the Auctioneer in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by the Auctioneer, Condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) bidders wish to purchase, and as such, bidders must assume the responsibility for any errors or omissions contained therein. All dimensions given in the catalog are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate. Clocks and Mechanical items – Items with mechanical parts such as clocks, mechanical banks, music boxes, etc. are not guaranteed to be complete and/or in working condition. Display materials – Display materials such as shelves, holders, and platform bases which may be shown in photographs are not included with any lot unless specifically stated in the written description. Jewelry - All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery. Electrified items – We do not guarantee the working condition of any electrified items such as lamps. The Auctioneer will not be liable for accident or injury resulting in the use of any electrified item. Purchasers should have all electrified items they purchase examined by a certified electrician prior to use. Wine and Spirits – Purchasers of alcoholic beverages must be at least 21 years of age. Wine and spirits sold at auction may be subject to laws governing export from the Commonwealth of Pennsylvania/US and import to other states/foreign countries. It is the Purchaser’s responsibility to obtain any necessary import/export license and should secure the license prior to purchase. Sales will not be rescinded for inability to obtain a license or delay of the same. Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at KJK Antiques, purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania. Bidding on any item indicates your acceptance of these Terms and all other terms announced/published at the time of sale.
