Conditions of Sale
Bidding
- Bidding Access: Bidders can bid at auction (dependent upon the specific auction format) in person, by agent, via absentee bid, through online bidding portals, and/or telephone bidding. If the auction is designated as a timed auction, bidding must be conducted online only.
- Agency Status: Unless otherwise indicated, Consortium is acting solely as an agent for the seller/consignor.
- Winning Bidder: The highest bidder recognized by the auctioneer or auction platform for a given lot will be the buyer for that lot. At a live auction, the auctioneer will acknowledge the highest bidder by calling out the winning bidder number and the winning bid amount.
- Auctioneer Discretion: The auctioneer has absolute discretion to withdraw any lot from the auction, advance bidding on a lot, reject any bid, adjust bidding increments, and resolve disputes between bidders or reoffer a disputed lot. The auctioneer’s decision is final and binding. Following the sale, Consortium’s sales records shall be conclusive in all respects.
- Transfer of Risk & Ownership: Ownership of the lot automatically transfers to the buyer at the falling of the auctioneer’s hammer (or electronic closing of the winning bid), at which point the buyer assumes full risk and financial responsibility for the lot.
Payment and Shipping
- Buyer’s Premium & Sales Tax: The final purchase price of a lot includes the hammer price plus a buyer’s premium. For direct/in-person bidding, the buyer’s premium is 15%. For bids placed through third-party online platforms (such as LiveAuctioneers), the buyer’s premium is 20%. Applicable California sales tax or the state in which a buyer resides, will be added to all invoices unless a valid, verified Reseller’s Permit has been provided to Consortium prior to payment.
- Payment Terms: All invoices must be paid within 7 days following the conclusion of the auction. LiveAuctioneers bidders agree that payments may be automatically debited from the card on file within 72 hours of the auction's conclusion unless Consortium has been contacted prior to the sale to arrange alternative payment.
- Pickup & Storage Fees: Pick-up or shipping arrangements must be initiated within 14 days of the conclusion of the auction. Items scheduled for local pick-up can be collected at our storefront location: 445 Georgia Street, Vallejo, CA 94590. Lots not picked up within 30 days will incur a storage fee of $5.00 per lot, per day.
- Lots remaining uncollected after 60 days will be deemed abandoned. Consortium reserves the right to retain all payments made on abandoned lots and re-sell them to recover accrued storage and administrative costs.
- Accepted Forms of Payment: Consortium accepts cash, business checks, cashier’s checks, money orders, major credit cards, and wire transfers. Purchases paid via business check will be held until funds have fully cleared our financial institution before items are released or shipped.
- Credit Card Processing: For security and fraud prevention, Consortium does not accept credit card numbers over the telephone. Electronic invoices will be issued to buyers via secure online payment processors (e.g., Square, Stripe, or PayPal).
- Shipping & Fulfillment: In-house packing and shipping services may be available for select small, non-fragile items. Bidders must request a shipping quote prior to bidding. For larger, heavy, or delicate items, Consortium will provide a list of recommended third-party insured shipping carriers.
- Non-Delivery Liability: In the event that delivery or release of a lot cannot be made due to fire, theft, loss, damage, or any unforeseen force majeure event, Consortium’s total liability shall be strictly limited to the refund of any purchase price or deposit actually paid by the buyer for that specific lot.
Condition, Authenticity & Disclaimers
- "As-Is, Where-Is" Sale: All items are sold "AS IS, WHERE IS". Consortium, its employees, agents, and the consignor make no warranties or guarantees, express or implied, regarding the description, authenticity, attribution, period, culture, origin, provenance, physical condition, quality, or merchantability of any lot.
- Condition Reports: Any condition reports, photos, or descriptions provided by Consortium are opinions only and shall not be construed as statements of fact. Consortium is not responsible for any errors or omissions in descriptions or condition reports. The absence of a condition report does not imply that a lot is free from imperfections, wear, or aging. Bidders are encouraged to inspect lots in person or request a detailed condition report prior to bidding.
- Limited Guarantee of Authorship: If, within 30 days of the sale date, the original purchaser submits written notice to Consortium alleging that the primary identification of Authorship of a lot is materially incorrect based on a fair reading of the auction catalog, AND the lot is returned to Consortium in the exact condition in which it was released, Consortium will refund the original purchase price paid upon verification.
- Governing Law & Dispute Resolution: These Conditions of Sale are governed by and construed in accordance with the laws of the State of California and the venue of Solano County. In the event of any arbitration, litigation, or legal proceeding arising out of or relating to a sale or these conditions, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs.
Intellectual Property & Reserves
- Proprietary Content: All catalog images, photography, illustrations, graphics, and written descriptions produced by Consortium remain the exclusive property of Consortium and may not be reproduced, republished, or used without express written consent.
- Reserves: Some auction lots may be subject to a confidential minimum reserve price agreed upon between Consortium and the consignor. If bidding does not reach the reserve, the lot will be passed and remain unsold. Consortium may execute bidding on behalf of the seller to protect the reserve up to the amount of the reserve price.
Updated: August 26, 2026
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