November Fine Art & Asian Antiques Sale

Terms and conditions

These Bidder Terms & Conditions (the "Terms"), amended by any published notice, whether posted, printed, or verbal, constitute the entire terms and conditions on which items in this sale will be offered and/or sold by Topwells. Corp, a New York corporation (the "Company"), on behalf of any consignor of such items for whom we act as an agent, to you as a bidder (hereinafter "Bidder(s)," "you" or "your"). By bidding at an Auction ("Auction") provided by the Company directly through its affiliate websites, or through another online auction provider on behalf of the Company ("Services"), you are expressly agreeing to these Terms. Further, by bidding, you become party to a negotiation and expressly agree that if you are the highest Bidder, and the item or lot of items is declared sold, a contract for sale and purchase is created under the laws of the Commonwealth of New York. If any future changes to these Terms are unacceptable to you, you should discontinue using our Services and not bid on any item(s) or lot of item(s) auctioned or offered for sale by the Company or through another online Auction offered on behalf of the Company. Your continued use of the Services now, or following the posting of notice of any such changes, will indicate your acceptance of these Terms and of any such changes. 1) Bidding (a) Bidders are required to register to bid and receive a paddle number prior to bidding. As part of the Bidder registration process, each Bidder must attest that they have received, read, and understand these Terms. If you have any questions regarding these Terms, please ask during the registration process or email us at info@topwellsauction.com (b) By bidding at an Auction, a Bidder is creating a contract, enforceable under the laws of the Commonwealth of New York in the United States of America. Bidding on an item will be considered sufficient evidence that the Bidder accepts all conditions set forth in these Terms and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether such agency is disclosed, and whether the identity of the Principal (defined below) is disclosed, may be jointly and severally liable, along with the Principal, under any contract created by the acceptance of a bid. "Principal" shall mean the individual or company who authorizes an agent to act on his, her, or its behalf. (c) The Auctioneer has the authority to accept or reject any and all bids. The "Auctioneer" shall mean the person who conducts or is responsible for a sale by Auction; the person may or may not actually call or cry the Auction. All bidding is in terms of United States Dollars. The Auctioneer determines who the highest Bidder is. In the event of a "tie-bid," the Auctioneer may re-open the item between the tie Bidders. The Auctioneer's decisions are final. A tie-bid occurs where, at the close of sale by action, more than one registered Bidder has submitted a high bid in the same amount. 2) Payment ALL items invoiced to Bidder must be paid for in full prior to Bidder receiving ANY of the items from any Successful Bid. (a) All invoices must be paid in full within seven (7) calendar days of a Successful Bid. Acceptable forms of payment will be: cash in United States Dollars; Visa or MasterCard credit cards; wire transfer; PayPal; UnionPay; cashier's check; or personal check. Items paid for by personal check or cashier's check will be held by the Company for ten (10) banking days before being released to the Bidder or designated shipping company. If payment is made by PayPal there will be an additional 5% charge onto the invoice. All payments can be made with info@topwellsauction.com. (i) Topwells Corp reserves the right to withhold lots from any successful bidder until the payment funds have been successfully received by Topwells Corp, Topwells Corp retains the sole authority to confirm or deny the success of any payment. Once Topwells Corp has successfully confirmed receipt of payment, the lot will be released to the successful bidder for shipment or pickup. (ii) Legal title shall not pass to the successful bidder until Topwells Corp has received all payment in full. Any attempt to claim legal title to lots which have not been fully paid shall constitute a violation of this buyer's agreement. Violations of the buyer's agreement will be subject to provisions of section f. (b) There will be a $50 charge assessed for any bounced checks. Bidders grants the Company and the consignor(s) a security interest in the property in any Successful Bid by a Bidder. The Company may retain as collateral security for the Bidder's obligations to the Company, all items identified on the Bidder's invoice(s), along with any payment(s) received from the Bidder, and any other item(s) the Company may possess, belonging to the Bidder, until such time that the Bidder's obligations for payment to the Company are satisfied. (c) The Company, and the consign