Auction Terms & Conditions OMNI AUCTIONS AND ESTATE SALES, LLC
TERMS & CONDITIONS OF SALE - ONLINE AUCTIONS
Omni Estate Sales, LLC (hereafter referred to as "Omni Estate Sales", "Omni", “OES”, “Company”, "Auction House", "Auctioneer", "we", "us", and/or "our").
By bidding, you indicate your understanding, acceptance of, and agreement to be bound by these Terms & Conditions of Sale as amended and supplemented, whether bidding in-house, by phone or absentee bid, internet bidding platform, through a representative, or by any other method. Omni Estate Sales may seek all remedies under the law, including, but not limited to, canceling the sale and re-offering the property without reserve, in response to a breach of any of these Terms & Conditions of Sale by a bidder or purchaser, including default on the obligation to pay for purchased items.
2. SALE ‘AS-IS’, CATALOG DESCRIPTIONS
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, whether express or implied.
Written and oral descriptions are our opinions, and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. All measurements are approximate.
3. PREVIEW & PERSONAL INSPECTION, CONDITION REPORTS & IMAGE REQUESTS
Preview & Personal Inspection
All items are available for your examination prior to auction day. We recommend prospective bidders examine all items in which they have an interest. Preview is available as stated in advertising material(s), online catalog, and/or other official communication from OES; all others are by CONFIRMED appointment ONLY. Preview is NOT available on any sale day or date, except where otherwise noted.
Condition Reports & Image Requests
Detailed condition reports and additional images are available upon request. Please contact us prior to the auction with any questions you might have about any items you are planning to place bids on.
Our goal is to provide prospective bidders with accurate and detailed information; however, if you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question.
Your bidding signifies that you have examined the item(s) as fully as you desire, or that you have chosen not to examine them.
4. CONSIGNOR WARRANTIES
Each Lot has been represented and warranted to us by the consignor to be owned by the consignor, or that the consignor is acting as authorized agent of the owner of the Lot, and has the right to transfer title to the Lot free of all liens, claims, and encumbrances.
5. RESERVES, AUCTIONEER’S DISCRETION & WITHDRAWAL, AUCTIONEER’S DETERMINATION FINAL
Please note that all lots in this catalog are offered subject to a reserve, which is the confidential minimum agreed-upon hammer price at which a lot will be sold; however, most lots in our timed, online-only sale formats will be sold without reserve. In executing a reserve, we have the right to bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve.
Auctioneer's Discretion & Withdrawal
Bidding will begin at a price appropriate in our sole and complete discretion, and we reserve the right to reject any bid(s) deemed inappropriate, and to withdraw the item from the sale if the reserve is not met. We reserve the right to lower the bid price at any point during the auction, if and where applicable. We may also, at our sole discretion, withdraw any Lot(s), at any time, for any reason we may deem appropriate; additionally, we may re-offer any withdrawn item or Lot again, but we are under no obligation to do so.
Auctioneer's Determination Final
Once we have declared that an item is sold, it will be considered final. We will not reopen the bidding. It is the bidder's responsibility to ensure their bid is the accepted high bid prior to the completion of each respective Lot's active bidding period. For purposes of our timed online-only sale format, the conclusion of the timer is considered to be the fall of the hammer.
6. REGISTRATION & QUALIFYING TO BID
Bidding on an item, or registering to bid with us, indicates your acceptance of, and agreement to be bound by, our Terms & Conditions of Sale.
Due to an increase in the number of non-paying bidders, all prospective bidders MUST provide current, valid credit card information in order to register. This information will be verified by temporary pre-authorization ("hold") In the amount of $1.00 USD, which will generally be reversed within seven (7) days, however, the duration of the hold may vary slightly depending upon the policies of your financial institution.
Please be sure to register with the credit card you plan to use for payment of any purchased Lot(s). (Please see below; #10 [Payment of Purchase, Permission Granted to Process Payment, Accepted Methods of Payment] for additional information).
Bidders with incomplete or invalid registration information WILL NOT be approved to bid, and any bids placed WILL NOT be accepted.
Following are general guidelines for bidding increments:
$0-$49.99 ---------------------- $2.50
$50-$99.99 ------------------- $5.00
$100-$249.99 ------------------- $10.00
$250-$499.99 ------------------- $25.00
$500.00-2499.99 -------------- $50.00
$2,500-4999.99 --------------- $100.00
$5,000-$10,000 -------------- $250.00
$10,000 - $20,000 ----------- $500.00
$20,000 - $50,000 --------- $1,000.00
$50,000 - $100,000 ------- $2,500.00
$100,000 and above ------ $5,000.00
Bidding follows a pre-determined set of increments, and as such, we do not, and cannot, accept bids lower than the last interval. For example, if the bids are currently progressing in five dollar ($5) increments ($100, $105, $110, $115, $120, and so forth), and you attempt to place an absentee bid at $102.50, your bid will not be accepted, since it is less than the current bid increment.
Absentee & Phone Bidding
Absentee bidding and phone bidding are NOT available for this category of sale.
We engage the fee-based services of third-party online bidding platforms. You WILL be held responsible for your successful bids on these online platforms, including absentee bids left with such services before the live sale, as well as by any other method, regardless of reason.
If placing online bids prior to the “live” portion of the sale, please be sure your bid reflects your highest and best offer for any item you are interested in. Pre-bids left on any online bid platform are NOT considered to be executed until the item is offered in the "live" portion of the auction, and are automatically accepted on the bidder's behalf by the bid platform according to the bid increments and other applicable terms of the auction.
If you are bidding online during the closing (“live”) portion of the auction, please be aware that the live auction moves at a rapid pace, with multiple Lot(s) closing per minute. We are not responsible for missed bids due to entering a late bid.
8. ALL SALES FINAL, NO REFUNDS
All sales are final. We do not give refunds. No statement, written or oral, made by the auctioneer shall be deemed a warranty or assumption of liability by Omni or by any seller represented by us.
9. INVOICING, BUYER’S PREMIUM, SALES TAX
We will invoice successful bidders immediately following the close of the auction.
For all successful bids in our timed online-only sales, a buyer's premium will be applied to the hammer price of each lot equal to 16%.
If you (or any party on your behalf, with the exception of registered third-party shipping providers) retrieve purchases in-person, or if you are shipping purchased Lot(s) to a Texas address, you MUST pay applicable Texas sales tax of 8.25% on your invoiced purchase(s).
If you are tax-exempt (those holding a valid Texas Sales & Use Tax Permit or other out-of-state sales tax certificate), you MUST complete a Texas Sales & Use Tax Resale Certificate (Texas Comptroller of Public Accounts Form 01-339) [https://comptroller.texas.gov/forms/01-339.pdf], and submit said form to OES at or before the time of payment.
No Texas state sales tax is applicable for purchases picked up by a registered third-party shipping provider for shipment to addresses outside of Texas.
10. TRANSFER OF TITLE, PAYMENT OF PURCHASE, PERMISSION GRANTED TO PROCESS PAYMENT, ACCEPTED METHODS OF PAYMENT
Transfer of Title
On the fall of the hammer, declaration that an item is sold, or other such customary method, an agreement for the sale of the Lot is created between the successful bidder and the consignor, and will be considered binding.
Payment of Purchase
Payment in full is due upon receipt of invoice. Your payment for any successful bids will be processed immediately following the auction, using the credit card you registered with.
**If you wish to pay by another method or to pay cash in-person at pick up, we ask that you reach out to us prior to auction day, or immediately following the conclusion of the auction, to request permission for alternate payment.**
Permission Granted to Process Payment
Your bidding, your request and/or registration to bid, and/or your acceptance of these terms through any online bidding platform, is considered to be your electronic signature for all legal intents and purposes, and constitutes your express permission to process payment for any purchase(s) immediately following the auction, using the credit card with which you registered as your approved method of payment for any balance(s) due.
Accepted Methods of Payment
Payment by major credit card (MasterCard, Visa, American Express, and Discover) is welcome. Alternate payment methods, including cash payments (in-person transactions ONLY), must be approved prior to auction day by our express written consent.
**We DO NOT accept payment by check (including cashier's check). **
**We DO NOT accept money orders.**
**We DO NOT accept PayPal.**
Revocation of Bidding Privileges for Non-Paying Bidders
Revocation of your bidding privileges will result for any bidders who fail to remit successful, in-full payment for any outstanding invoice(s) prior to the closing of each auction’s final payment & pick-up period.
11. HIGH-RISK TRANSACTIONS & RISK REDUCTION
We reserve the right to require bank letters of guarantee for large purchases. Any such credit arrangements must be made prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established.
Additionally, we reserve the right to require that invoices containing certain items we may deem to be at increased risk for fraud be paid by bank or wire transfer. These items may include, but are not limited to, jewelry, coins, silver & vertu, and all precious metals-containing items; additionally, this may include any and all other item(s) and/or total invoice(s) that we, at our sole discretion, deem to be such. At our sole discretion, we may require an additional delay prior to release of purchases paid by wire transfer of not less than three (3) business days.
a) Small items are shipped in house. All items on your order must be able to fit in a box no larger than 18"x18"x18" and weigh no more than 35 pounds.
b) Large items, furniture, rugs etc. will need to be shipped via a third party shipper. You will need to arrange pickup for your items by the end of the last day of auction pickup.
13. RETRIEVAL OF PURCHASES, FORFEITURE OF PROPERTY
Retrieval of Purchases
Scheduled pick-up dates and times are firm. All purchases MUST be retrieved during the scheduled pick-up dates and times. NO ALTERNATE PICK-UP DATES AND TIMES ARE AVAILABLE.
If, for any reason, you are uncertain that you will be able to attend pick-up as noted, and you are unwilling to accept the cost and responsibility of enlisting the use of third-party shipping for any purchases, we kindly request that you DO NOT BID.
WINNING BIDDERS ARE EXPECTED TO BRING BOXES & PACKING MATERIALS SUFFICIENT TO TRANSPORT ALL PURCHASES; WE ARE UNABLE TO PROVIDE THESE MATERIALS.
FOR LARGE OR HEAVY ITEMS (INCLUDING FURNITURE) WINNING BIDDERS MUST BRING SUFFICIENT MANPOWER TO MOVE ALL PURCHASES WITH WHICH THEY REQUIRE ASSISTANCE. OES STAFF MEMBERS ARE NOT ABLE TO ASSIST WITH MOVING FURNITURE OR OTHER LARGE/HEAVY ITEMS.
Forfeiture of Property
We are unable to provide storage for purchased lots. You, as purchaser, expressly agree to forfeit any and all right to any un-retrieved property which is paid for, but left on-premises beyond the closing of each auction’s final payment & pick-up period, FOR ANY REASON. You further expressly agree to waive and to relinquish all right(s) to any refund(s), credit card charge-back(s) or dispute(s), and to compensation or restitution of any type, in connection to forfeiture of properties not removed as stated. Any and all such property will become sole property of OES, and will be disposed of by any means we see fit.
Omni Estate Sales shall have no liability whatsoever for any damage to purchases remaining on our premises as a result of failure by the buyer to retrieve purchased property as scheduled.
Failure to abide by these policies may result in revocation of future bidding privileges.
14. EXPORT & IMPORT
It is your sole responsibility to identify and obtain any and all necessary export, import, firearm, endangered species, or any other permit which may be required with regard to any Lot(s). Neither Omni nor the consignor make any representation nor warranty as to whether any lot is, or is not, subject to export or import restrictions or any embargoes.
15. ENDANGERED SPECIES & LEGAL COMPLIANCE
Certain property sold at auction (for example, items made of or incorporating plant or animal materials such as coral, crocodile, ivory, tortoiseshell, whalebone, et. al.), irrespective of age or value, may require a license or certificate prior to exportation and additional licenses or certificates upon importation to another country. The ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa.
If you are uncertain as to whether any Lot may be subject to these export/import license and certificate requirements, or any other restrictions on exportation, we ask that you refrain from bidding. It is your sole responsibility as purchaser to ensure that you are familiar with and understand international, U.S. Federal, and respective State laws regarding any and all necessary licenses or permits prior to placing a bid; additionally, you are also solely responsible for obtaining any export or import licenses and/or certificates, as well as any other required documentation for any Lot(s). We are not able to assist you in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained.
Lot(s) governed by these restrictions are NOT for sale to the following, and will NOT be released for shipment to the below destinations, under any circumstances:
- Buyers outside of the continental United States (International Buyers)
- Bidders residing in the state(s) of California, New York, or any other state(s) where sale, possession, interstate transport, or any other aspect pertaining to the item(s) in question, may be prohibited by law.
In the event of denial of any export or import license or permit, delay in obtaining such licenses or permits, or seizure of any purchased Lot(s) by any authority/authorities, domestic or international, for failure to obtain such licenses or permits, you will still be held responsible for purchase of the Lot(s), including timely, in-full payment, and the foregoing will not constitute grounds for us to, nor will we, rescind or cancel any purchase or transaction for any Lot(s) on such basis.
You affirm, under penalty of perjury, that you intend to fully comply with any and all domestic and international laws and restrictions on the trade of endangered species as a preliminary condition of the sale.
16. JEWELRY, GEMSTONES, WATCHES, CLOCKS & TIMEPIECES
Omni Estate Sales makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, 'earth mined', man-made/synthetic, or otherwise. Any and all gems, colored stones, diamonds, cultured and/or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments.
All identifications, including, but not limited to, weight, quality, cut, value and other estimates, and any information of any other type, are merely our opinions, and should be considered as such. Examination, identification, grading, and/or valuation of these items may be limited by numerous factors, including, but not limited to, the mounting(s), the condition, and the cleanliness of the items. Descriptions and photographs are offered solely as a courtesy to our customers, and are not intended to be a complete analysis of the qualities and conditions of the jewelry.
Omni makes no warranty or guarantee whatsoever that any clock, watch, or other timepiece is in working order.
17. RESCISSION OF SALE
In the event that we receive notice of an adverse claim with respect to any sold Lot(s), we reserve the right, and may, at our sole discretion, rescind the sale of any sold Lot, upon written notice to you; however, we are not obligated to do so. Upon such notice, you agree to promptly return the purchased Lot to our premises in the same condition in which it was purchased. Following our receipt of such a Lot, Omni will then promptly refund the full purchase price (hammer price plus buyer's premium and any applicable taxes paid). You agree that you will have no further recourse against either Omni Estate Sales or the consignor, and neither we nor the consignor shall be liable for any damages suffered by you as a result, regardless of nature.
18. GOVERNING LAW & FORUM FOR DISPUTES
Our Terms & Conditions of Sale, and all our auctions, will be governed by the laws of the State of Texas. Any disputes which may arise in connection with any auction or sale by Omni Estate Sales will be governed by and construed in accordance with Texas law, and you agree to submit to the jurisdiction of the courts of Harris County, in the State of Texas, with respect to such disputes, and further agree that State and/or Federal courts located in the State of Texas will have exclusive jurisdiction over any and all claims asserted against Omni Estate Sales.
We may, however, at our sole discretion, assert any claims we may have against you in connection with any auction and/or sales in any State or Federal Courts located in the State of Texas, or in any other jurisdiction where you, or assets owned by you, may be found.
In the event that we bring an action against you to enforce adherence to any provision(s) of the Terms & Conditions of Sale, and/or to collect any sum due and owing to us, we shall be entitled to collect (in addition to any other amounts owed to us) our reasonable attorney's fees, collection agency fees, and cost of suit from you.
19. LIMITATIONS OF LIABILITY
OES assumes no liability for any breach or default by the consignor of a Lot.
20. SEVERABILITY AND WAIVER
If any provision of these Terms of Sale is deemed unlawful, void, or unenforceable under applicable law, that provision will be stricken and severed from the remaining provisions, which shall remain in full force and effect.
Failure to enforce any provision contained within in these Terms & Conditions of Sale is not, nor shall it considered to be, deemed a waiver of our right to enforce any other provisions of these Terms & Conditions of Sale.
21. NO ASSIGNMENT
Unless Omni Estate Sales has issued our consent, in writing, no rights or obligations hereunder may be transferred.
These Terms of Sale apply to both auctions and any and all private sales.
All paragraphs and subheadings are included in these Terms & Conditions of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.
We welcome the opportunity to speak with you regarding any comments, compliments, or concerns you may have. We strive to provide outstanding customer service with a personal touch; as such we kindly request the privilege of assisting you with concerns or complaints, should any arise.
Seller User Terms
Bidder User Terms