TERMS & CONDITIONS OF SALE - TIMED ONLINE-ONLY SALES 1. General Rag & Bone Auctions (hereafter referred to as "Rag & Bone Auctions", "RBA", "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. Rag & Bone Auctions 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 & Estimates 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. Condition Reports & 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 by confirmed appointment only, with the exception of any sale day or date, except where otherwise noted. Please contact the auction house prior to the auction for condition reports or additional images of 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. Auctioneer's Discretion, Reserves, Withdrawal Reserves 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 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. 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 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. 4. 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 complete, valid registration information prior to auction day. Bidders with incomplete or invalid registration information WILL NOT be approved to bid, and any bids placed WILL NOT be accepted. Credit Card Information Required for Registration Current, valid credit card information is required in order to register, and will be verified by temporary pre-authorization ("hold") of $1.00 USD, which will generally be reversed within seven (7) days; this may vary slightly depending upon the policies of your financial institution. 5. Bidding Please submit your highest and best offer for any item you are interested in; we will be moving through the auction at a fast pace. We are not responsible for missed bids due to entering a late bid. Bidding Increments Following are general guidelines for bidding increments: $0-$50 ------------------------ $1 $50-100 ---------------------- $2.50 $100-250 -------------------- $5 $250-500 -------------------- $10 $500-1,000 ----------------- $25 $1,000-2,500 --------------- $50 $2,500-$5,000 ------------- $100 $5,000-$10,000 ----------- $250 $10,000 - $20,000 -------- $500 $20,000 - $50,000 -------- $1,000 $50,000 - $100,000 ------ $2,500 $100,000 and above ----- $5,000 6. Absentee & Phone Bidding Absentee bidding and phone bidding are NOT available for this category of sale. 7. Online Bidding 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. 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 accepted on the bidder's behalf by the bid platform according to the bid increments and other applicable terms of the auction. 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. 8. All Sales Final 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 Rag & Bone Auctions or by any seller represented by Rag & Bone Auctions. 9. Invoicing, Buyer's Premium, Sales Tax Invoicing Rag & Bone Auctions will invoice successful bidders within three (3) business days following the date of sale. Buyer's Premium 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 18%. Taxes If you are shipping purchased Lot(s) to a Texas address, or if you (or any party on your behalf) retrieve purchases at our Texas gallery location, you MUST pay applicable Texas sales tax of 8.25%, with the exception of those holding a Texas Sales & Use Tax Permit and have filed a completed Texas Sales & Use Tax Resale Certificate (Texas Comptroller of Public Accounts Form 01-339) at or before the time of payment. Sales tax certificates and forms from other states are also accepted. No Texas state sales tax is charged for purchases picked up by a third-party shipping provider for shipment to addresses outside of Texas. 10. Transfer of Title, Payment of Purchase & 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 signature on our Bid Form, your request to bid, or your acceptance of these terms through any online bidding platform, constitutes your express permission to charge successful bids to the credit card with which you registered immediately following auction as your approved method of payment for any outstanding invoice(s). Revocation of Privileges for Non-Paying Bidders Revocation of your bidding privileges will result if in-full payment is not received within five (5) business days of the auction's end, unless alternate arrangements have been made with Rag & Bone Auctions prior to the day of sale with our express written consent. Accepted Methods of Payment For invoices totaling $2,500 and below, payment by major credit card (MasterCard, Visa, American Express, and Discover) is welcome. Acceptable alternate methods of payment, where specifically requested, include cash (in-person transactions only), and wire/bank transfer. Purchases totaling greater than $2,500.00 MUST be paid by bank wire or transfer, unless Rag & Bone Auctions has given our express consent, in writing, allowing payment by alternate method. **We DO NOT accept payment by check (including cashier's check). ** **We DO NOT accept money orders.** **We DO NOT accept PayPal under any circumstances.** Bank Letters of Guarantee, 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 any bidder(s) with invoices containing certain items we may deem to be at increased risk for fraud make payment directly via their online bid platform's internal payments system. 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. 11. Shipping by Third-Party Provider Only We DO NOT, under ANY circumstances, provide in-house shipping or packaging services, nor are we able to provide estimated shipping cost(s). Shipment of all items, including packaging for transport, is the sole and complete responsibility of the purchaser, and must be arranged for, and paid by, the purchaser directly with the third-party shipping provider. Rag & Bone Auctions will have no liability for any loss or damage to shipped items. For shipping, we recommend: UPS STORE #2567 Attention: Drake Smith, Auction Shipping Manager 5233 Bellaire Blvd., Bellaire, TX 77401 Auction Shipping Department Phone: (281) 764-9064 [Dedicated Voicemail Line - all messages left WILL receive a response] E-mail: store2567@theupsstore.com auctions@epicpartnershipco.com Please contact us if you require additional shipping recommendations. IF YOU ARE USING AN ALTERNATE SHIPPING PROVIDER, PLEASE NOTE: a) NOTICE MUST BE RECEIVED, BY E-MAIL, AT THE TIME OF INVOICE PAYMENT. We must receive notice of your specific shipping instructions, by e-mail, at the time of your invoice payment. All purchased Lot(s) without specific shipping instructions provided by the winning bidder as stated above WILL BE RELEASED, WITHOUT EXCEPTION, to the default shipping provider. b) WE WILL NOT DELIVER ITEMS TO SHIPPERS. Please be sure to request that your selected shipping provider reach out to us to schedule pick-up of your purchased items from our gallery location. c) APPOINTMENT REQUIRED. Please contact our office for an appointment prior to scheduling with your shipping provider so that we can ensure an appointment is available to you. Due to limited staff availability, we are unable to accommodate unscheduled property retrieval. 12. Retrieval of Purchases, Storage Fees & Forfeiture Retrieval of Purchases Scheduled pick-up dates and times are firm, except where extenuating circumstances, as determined at RBA's sole discretion, may warrant otherwise. All purchases MUST be retrieved during the scheduled pick-up dates and times. If, for any reason, you are uncertain that you will be able to attend pick-up as noted, please contact us BEFORE placing your bids, and we will be glad to discuss your request for specific accommodation with you. Please note that we are unable to grant permission for circumstantial accommodation on every occasion, and we reserve the right to grant, or decline, any request of the foregoing nature for any reason. WINNING BIDDERS ARE EXPECTED TO BRING BOXES & PACKING MATERIALS SUFFICIENT TO TRANSPORT ALL PURCHASES; RAG & BONE AUCTIONS IS UNABLE TO PROVIDE THESE MATERIALS. FOR LARGE/HEAVY ITEMS INCLUDING FURNITURE, WINNING BIDDERS ARE EXPECTED TO ANTICIPATE THE NEED TO BRING SUFFICIENT MANPOWER TO MOVE ALL PURCHASES WITH WHICH THEY BELIEVE THEY MAY REQUIRE ASSISTANCE. RAG & BONE AUCTIONS IS UNABLE TO PROVIDE STAFF MEMBERS TO ASSIST WITH THIS. Storage Fees & Forfeiture We are unable to provide storage for purchased lots. If you will not be able to attend pick-up as stated, and have not been granted alternate accomodation by our express permission, please DO NOT BID. All buyers with un-retrieved purchases remaining on our premises after the designated pick-up dates and times, including those requesting late pick-up, will be charged a storage fee totaling $25 for the first day, and an additional $10 each subsequent day on which the items have not been retrieved, up to seven (7) calendar days, at which time the item will be considered forfeit. Forfeiture You, as purchaser, expressly agree to forfeit any and all right to property which is paid for, but left on our premises in excess of seven (7) calendar days 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 Rag & Bone Auctions, and will be disposed of by any means we see fit. Rag & Bone Auctions 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. 13. Export and 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). Rag & Bone Auctions and the consignor make no representations or warranties as to whether any lot is, or is not, subject to export or import restrictions or any embargoes. 14. Endangered Species 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. 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; 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). Rag & Bone Auctions is 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. Please check with our specialists if you are uncertain as to whether a lot is subject to these export/import license and certificate requirements, or any other restrictions on exportation. 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 agree to fully comply with any and all domestic and international restrictions on the trade of endangered species as a condition of the sale. We will not release lots governed by these restrictions for export or for shipment to the states of California or New York. 15. Jewelry & Gemstones, Clocks, Watches, & Timepieces Rag & Bone Auctions 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 to be considered opinions, and are limited by examination and grading, the mountings, the condition, and the cleanliness of the items. Appraisals, 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. Rag & Bone Auctions makes no warranty or guarantee whatsoever that any clock, watch, or other timepiece is in working order. 16. Rescission by Auction House In the event that we receive notice of an adverse claim with respect to a sold Lot, at our sole discretion, Rag & Bone Auctions reserves the right (but is not obligated to), to rescind the sale to of any sold Lot, upon written notice to you. 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, RBA 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 RBA or the consignor, and neither we nor the consignor shall be liable for any damages suffered by you as a result, regardless of nature. 17. Governing Law and Forum for Disputes Our Terms 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 Rag & Bone Auctions will be governed by and construed in accordance with Texas law, and you agree to submit to the jurisdiction of the courts of 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 RBA. We may, in 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 Rag & Bone Auctions brings an action against you to enforce the Terms 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. 18. Limitations of Liability Rag & Bone Auctions assumes no liability for any breach or default by the consignor of a Lot. 19. 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 of Sale is not, nor shall it considered to be, deemed a waiver of our right to enforce any other provisions of these Terms of Sale. 20. No Assignment Unless RBA has issued our consent, in writing, no rights or obligations hereunder may be transferred. 21. Miscellaneous These Terms of Sale apply to both auctions and any and all private sales. All paragraphs and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions. This auction is conducted by a licensed auctioneer in the State of Texas (Denton Sorrels, License #17596, TDLR [Texas Department of Licensing & Regulation]) under the applicable rules and laws of said State, and covered by the Recovery Fund administered by the Department. 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. Unresolved complaints may be directed to: Texas Department of Licensing & Regulation, P.O. Box 12157 Austin, Texas, 78711; (800) 803-9202; or may be filed on-line: https://www.tdlr.texas.gov/complaints