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Terms & Conditions

IMPORTANT: PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS OF THIS AUCTION BEFORE REGISTERING TO BID. THANK YOU!

TERMS AND CONDITIONS OF SALE

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 catalog shall be offered for sale or sold by J. Garrett Auctioneers, and any consignor of such property for whom J. Garrett Auctioneers has acted as agent. By registering to bid in this auction, whether in person or by agent, absentee bid, internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale:

You, the registered bidder who agreed to all terms, are responsible for determining physical condition, authenticity, age, materials, and any other feature of items being sold, as all items are sold AS IS, WHERE IS with all faults. You confirmed you understand there are no returns or refunds for any reason including, but not limited to, condition, omission of descriptors, terminology discrepancies, any accidental misjudgment, or typographical or technological errors of any kind. Condition description (or lack of) does not imply items are free from wear, imperfections, or effects of aging. Dimensions and opinions are given as a courtesy and are approximated, particularly with gems. Assume items such as watches, clocks, lamps, and other electrified items have been repaired at some point, missing parts, or need to be serviced. Wiring is not guaranteed, ever, regardless if item has been listed as working at time of auction. Inquire if any doubt. Textiles, upholstery, rugs, and strung jewelry are usually antique or vintage and may need cleaning or restringing. Pens may not have ink or write. We do our best to assess condition at the time of photography and auction. We are not to be liable if any item fails once leaving our dock.

Items sold AS-IS, WHERE IS.

It is recommended you view items in person or contact a specialist prior to bidding if any hesitation exists as to condition, age, color, odor, origin, or nature of any item. Conditions and descriptions in each auction lot entry are based on opinion and are provided for guidance only, without legal obligation. Photos are provided as an additional proof source of condition. Please view ALL detail pictures prior to requesting additional condition reports. Images also constitute online condition report. Please use the messaging feature with additional requests.

Items sold AS-IS, WHERE IS.

J. Garrett Auctioneers DOES NOT SHIP or provide packing services, and has no affiliation with shippers. We recommend you obtain quotes from a third-party shipping company well in advance of the auction. Please visit the shipping tab at www.jgarrettauctioneers.com for additional information.

It is your responsibility to research and comply with any applicable transport, import and export laws, particularly in relation to lots incorporating materials from wildlife/endangered species. If any item cannot be shipped to a particular state or country, J. Garrett will not be responsible for fees or inconveniences associated therein, regardless of condition or description. You must pay for the item and be responsible for arranging legal shipment.

Use caution when entering an auction!

We understand Covid-19 has created delays for many, and we try to be flexible. Please understand you still have a responsibility to pay and remove items in a timely matter. If you are unable to do so, we recommend you enlist the help of an agent to handle on your behalf. Additionally, due to too many illegitimate excuses along the lines of

Toddler grabbed the phone…

Cat jumped on the keyboard…

Accidentally tapped the screen…

We are in Texas with the epic freeze and outages; we also are living through a pandemic. We understand, but in turn ask bidders to understand

WE ARE UNABLE TO RELEASE ANYONE FROM ANY BID FOR ANY REASON.

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Again, all items are sold AS-IS, WHERE IS.

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Your bid is your agreement to the above terms as well as the full terms listed on our profile and below.

Any departure from these terms could result in a permanent dispute on your record.

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We reserve the right to bill any credit card on file.

No Returns.

No Refunds.

Additional terms:

ORGANIC MATERIAL Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife–such as, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood–may be subject to export controls in the US and import controls in other countries. You should check the relevant wildlife laws and regulations before bidding on any lot containing wildlife material if you plan to export the lot from the United States, import the lot into another country, or ship the lot between states. Your purchase of a lot containing endangered and other protected species of wildlife is at your own risk, and you shall be responsible for any scientific test or other reports required for export from the United States or for shipment between states. We will not cancel your purchase or refund the purchase price if your lot may not be exported, imported, or shipped between states, or if it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to import, export, and/or interstate shipping of a lot containing endangered and other protected species of wildlife.

JEWELRY (a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or cause the gemstone to require special care over time. (b) All types of gemstones may have been improved by some method. You may request a report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction and you pay the fee for the report. (c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalogue. Reports from American gemological laboratories describe any improvement or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report. (d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced.

WATCHES AND CLOCKS (a) Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not give a warranty that any individual component part of any watch is authentic. Watchbands described as associated are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys. (b) As collectors’ watches often have very fine and complex mechanisms, you are responsible for any general service, change of battery, or further repair work that may be necessary. We do not give a warranty that any watch is in good working order. Certificates are not available unless described in the catalogue. (c) Most wristwatches have been opened to find out the type and quality of movement. For that reason, wristwatches with water-resistant cases may not be waterproof, and we recommend you have them checked by a competent watchmaker before use. (d) Many of the watches (bags, pens, and other items) offered for sale in this catalogue are pictured with straps made of endangered or protected animal materials such as alligator or crocodile skin.

By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you.

NOTE: Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All items are sold as-is in accordance with the Conditions of Sale.

TERMS AND CONDITIONS OF SALE CONTINUED

1. PAYMENT – DOMESTIC CLIENTS: We accept credit cards (MasterCard and Visa ONLY), wire transfers, cash, and personal or company check. WE DO NOT ACCEPT PAYPAL. Internet buyers are encouraged to pay through their bidding site of choice, or they can contact us directly to make a payment. Items purchased in person must be paid for on the day of the auction. Invoices are emailed the day after the auction. It is your responsibility to contact J. Garrett Auctioneers via telephone at (214) 943-7801 to make payment if you do not pay online. PLEASE CHECK YOUR SPAM FOLDER IF YOU DO NOT RECEIVE YOUR INVOICE. IF PAYMENT IS NOT RECEIVED WITHIN 10 DAYS, A DISPUTE WILL BE FILED WITH LIVEAUCTIONEERS & INVALUABLE. If paying by check, J. Garrett Auctioneers reserves the right to hold all purchases until the check has cleared to the satisfaction of J. Garrett Auctioneers and its bank.

INTERNATIONAL CLIENTS: *** INTERNATIONAL PAYMENTS MUST BE MADE THROUGH YOUR BIDDING SITE OR THROUGH WIRE TRANSFER – NO EXCEPTIONS ***

2. SHIPPING – It is the responsibility of the buyer to arrange for and pay for shipping. J. Garrett Auctioneers does not provide shipping services or shipping quotes. We also do not supply packing materials whatsoever. Local buyers should come prepared to pack and load their purchases to their satisfaction per our posted Shipping page. J. Garrett Auctioneers shall not be held liable for damage that occurs after an item leaves our dock. We are not affiliated with any shippers. BUYER is solely responsible for coordinating shipping. J. Garrett Auctioneers will not be held liable for any issues that arise after items leave our dock, including damage, loss, delays, omission of words or description, typos, recommendation of shipper, estimates, your failure to preview or request condition, or pricing. Buyers are expected to preview items to verify condition and age, regardless of description or representation, and J. Garrett will not be held liable for any misrepresentation in item description or otherwise. Buyers should discuss insurance directly with the shipper of choice. ALL ITEMS MUST BE PAID FOR AND PICKED UP WITHIN 10 BUSINESS DAYS AFTER THE AUCTION (see Post-Sale terms page). To avoid moving and storage fees, we strongly recommend paying for your items promptly after the auction. We are no longer able to waive fees (see Post-Sale terms above and appointment recommendations).

INTERNATIONAL PURCHASERS ARE RESPONSIBLE FOR ALL CUSTOMS FORMS, ENTRIES, RELEASES, DUTIES AND FEES, AND J. GARRETT AUCTIONEERS, NOR SHIPPERS RECOMMENDED BY J. GARRETT AUCTIONEERS, WILL BE LIABLE FOR ITEMS DELAYED BY FOREIGN CUSTOMS OR RELEASE ASSOCIATED DUE TO IMPROPER CUSTOMS FORMS OR DECLARATIONS.

Pickup address is 9203 Diplomacy Row, Dallas, TX 75247 unless otherwise stated in the lot description.

3. 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 and preview is strongly encouraged. 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. J. Garrett Auctioneers 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, including condition, age, or any other word, dimensions, or omission of such. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, absentee, or via the Internet, bidder/buyer signifies he/she has examined the items as fully as desired or that bidder/buyer has chosen not to examine them. If bidder/buyer requires absolute certainty in all areas of authenticity, and the results of his/her evaluation leave uncertainty in his/her mind, we recommend an additional, outside, or third-party expert examine the lot, or do not bid on the item in question. If item(s) are damaged in shipping, buyer must contact the shipper directly to file a claim. If item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify J. Garrett immediately by phone at (214) 943-7801. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if payment is late, causing item(s) to be delivered late, this does NOT qualify for any special privileges. J. GARRETT DOES NOT OFFER REFUNDS! ALL SALES ARE FINAL! By bidding, buyer agrees to these terms and will be reminded of such if any issue arises. (Also refer to Shipping above)

4. 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 by J. Garrett in 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, the sale record of J. Garrett is conclusive.

5. The purchaser assumes full responsibility for items at the fall of the hammer or as acknowledged as sold by the auctioneer as inferred verbally or otherwise.

6. As a convenience to customers, absentee bids will be executed by J. Garrett personnel in a competitive and confidential manner. Arrangements must be made 24 hours prior to start of the auction. ALL BID FORMS MUST INCLUDE THE NAMES OF 3 AUCTION HOUSES IN WHICH WE MAY CALL TO VERIFY GOOD & RECENT BIDDING HISTORY. DUE TO INCREASED FRAUD ATTEMPTS, WE WILL NOT EXECUTE ANY BIDS WITHOUT THESE REFERRALS. BUYERS PREMIUM FOR ABSENTEE BIDS AND INTERNET BIDS IS THE SAME, 28%. J. Garrett Auctioneers will not be responsible for failure to execute absentee bids. J. Garrett Auctioneers also reserves the right to refuse bids if qualifications, including credit card deposits, or banking info is not provided if deemed necessary. Bid acceptance will be first come, first served, and J. Garrett reserves the right to refuse an absentee bid for any reason.

7. BUYERS PREMIUM: There will be a buyers premium of 28% for all bidders: internet bidders and absentee bidders, added to the hammer price of each. All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. J. Garrett Auctioneers must have a blanket exemption certificate with permit number and signature on any tax exempt sale before releasing.

8. If we are prevented by fire, theft, pandemic, act of God, 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.

9. J. Garrett Auctioneers reserves the right to withdraw any lot at any time before the auction without liability or notice.

10. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.

11. 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.

12. 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, J. Garrett Auctioneers 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.

13. In the unlikely event internet connection is lost, even briefly, J. Garrett Auctioneers reserves the right in its sole and absolute discretion to cancel the remainder of the auction or continue at its discretion in live venue.

14. Some lots may be offered with a reserve which is the minimum price below which the lot will not be sold. J. Garrett Auctioneers 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 auctioneers 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.

15. These terms and conditions of sale, as well as the respective rights and obligations of J. Garrett Auctioneers and any purchasers or bidder at any sale of J. Garrett Auctioneers, shall be governed by and construed and enforced in accordance with the laws of the State of Texas.

16. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.

Updated Storage fees as of 1/1/21

$10, per lot, per day.

Jeff Garrett, St. Lic. # 6794; Justin Garrett, St. Lic. # 16236; Kate Phillips Burgess, St. Lic. #17297.

Copyright 2021, J. Garrett Auctioneers, LTD.; all rights reserved

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