Conditions of Sale
CONDITIONS OF SALE
1. Most items auctioned are of considerable age and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS" except for the 60-date limited warranty contained herein and referred to in Paragraph 10 below, and neither the Auctioneer nor the Consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition are qualified statements of opinion and not representations or warranties. Auctioneer and the Consignor are not responsible for errors or omissions in the catalogue or any supplemental material. The Buyer expressly acknowledges and agrees that in no event should Auctioneer, its officers, agents, or employees be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages.
2. Registered bidders accept all personal liability to pay the purchase price, including the buyer's premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Jackson's before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Jackson's, and that Jackson's will only look to the principal for payment. New in 2025 - Invaluable.com charges a Minimum "Online Premium" of $10 or a Maximum of $500 based on Hammer price.
3. Auctioneer reserves the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
4. Auctioneer reserves the right to reject any bid. If a lot carries a minimum reserve, the Auctioneer may bid up to the reserve amount on behalf of the seller. The highest bidder acknowledged by Auctioneer will be the Buyer. In the event of a dispute between bidders, Auctioneer has final discretion to determine the successful bidder.
5. On the fall of the Auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by Auctioneer, and such bidder thereupon assumes full risk and responsibility and will pay the full purchase price plus Buyer's Premium and any applicable fees (such as sales tax and shipping) IMMEDIATELY upon receipt of invoice.
6. If any applicable conditions herein are not complied with by the Buyer, in addition to other remedies available to Auctioneer and the Consignor by law, including without limitation the right to hold the Buyer liable for the total purchase price, Auctioneer at his or her option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the Buyer or (b) resell the property either privately or at public auction without reserve & in either event the Buyer will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & commissions on both sales at Auctioneer's regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting Buyer shall be deemed to have granted Auctioneer a security interest in, and Auctioneer may retain as collateral security for such Buyer's obligations to use, any property, in Auctioneer's possession owned by such Buyer. Payment will not be considered to have been made full until Buyer's check has cleared the Auctioneer's bank.
7. Auctioneer undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids.
8. The Buyer's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any Buyer's Premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. Auctioneer and Consignor shall not by liable for any incidental or consequential damages incurred.
9. As stated in Paragraph 1 above, neither Auctioneer nor Consignor makes any express or implied representations or warranties whatsoever concerning any property in the catalogue, including without limitation, any warranty of merchantability or fitness for a particular purpose, except as specifically provided herein. Auctioneer warrants the authorship (as hereinafter defined) of a lot only for a period of sixty (60) days from date of sale (not date of receipt) of such lot and only to the original Buyer of record at the auction. Upon being notified in writing within the sixty (60) day limited warranty period, if it is determined to Auctioneer's satisfaction that the authorship is incorrect, the sale will be rescinded provided that the lot is returned to Auctioneer in the same condition in which it was at the time of sale. Auctioneer shall have the right to have the Buyer obtain, at the Buyer's expense, the opinion of two recognized experts in the field, mutually acceptable to Auctioneer and Buyer, before Auctioneer determines whether to rescind a sale under this limited warranty. If requested, Auctioneer will provide Buyer with the names of acceptable recognized experts. Buyer is advised that said lot should be inspected by him or herself or his or her agents to his or her own level of satisfaction prior to bidding and purchase, but in any event, by the time they have purchased the item, as the limited warranty referred to herein expires sixty (60) days from the date of sale. Otherwise, there is no recourse whatsoever with Auctioneer as to authorship as defined hereinafter. Consignor, through his or her consignment contract, has agreed to allow Auctioneer to provide or release to the Buyer of a contested item, after the limited warranty period, necessary contact information of the Owner (i.e., name, address, and phone number) if Buyer wishes to seek a remedy or resolve a dispute in this matter directly with the Owner, after the limited warranty period runs. Buyer agrees and understands that after the sixty (60) day limited warranty, Buyer waives all right to request refunds of commissions, whether paid by Owner or Buyer, and all commissions are nonrefundable and shall remain the property of Auctioneer. Once the sixty (60) day limited warranty period expires, Auctioneer may elect to have no involvement in the dispute between Owner and Buyer other than to provide contact information. If testimony is required of Auctioneer's employees or experts, their time will be charged to the respective party at the rate of $250 per hour plus expenses.
10. "Authorship" is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the description of the lot in this catalogue, as amended by an oral or written salesroom notices or announcements. Lack of authorship would also include fake or counterfeit items.
11. These Conditions of Sale and the Buyer's and our respective rights and obligations hereunder are governed by the laws of the State of Iowa. By bidding at an auction, each Buyer and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Auctioneer (but not including claims brought against the Consignor by the Buyer of lots consigned hereunder) shall be resolved by legal action brought in Black Hawk County, Iowa as the sole place for jurisdiction and litigation of any issues between the parties.
12. The terms listed herein are defined as "Auctioneer" as Jackson International Auction Company, LTD (d/b/a Jackson's Auctioneers & Appraisers of Antiques & Fine Art); "Buyer" as Purchaser/Successful Bidder; "Consignor" as Owner/Seller of the "Property" as consigned lot(s)/item(s).
Condition of Lots
All items are sold AS IS and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the lot description DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. Condition reports are available upon request. However, no employee or agent of Jackson's International Auctioneers and Appraisers is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Jackson's recommends that they not bid on the property. To accommodate prospective buyers, all items offered for sale are available for viewing the Saturday and Sunday prior to the auction from 10am-5pm and Monday through Friday prior to the auction from 9am-5pm.
Payment
Payment is DUE UPON RECEIPT OF INVOICE
A 30% buyer's premium is added to the hammer price of each item sold for internet live buyers. Payment made by irrevocable wire transfer or any other electronic transfer, WILL incur a $30 processing fee. In the event that a credit card is used for payment, a 3% Convenience Fee will be assessed. You can request our direct secure payment link or Call our Auction House to make payment over the phone - Credit cards will only be accepted for DOMESTIC invoices for $10,000 or less. You can pay with a check from within the United States. INTERNATIONAL payments must be made via bank transfer or a check drawn from a US banking account. Purchases paid by personal check will not be shipped until funds have cleared the Auctioneer's bank (7 business days. All property must be paid for within seven (7) business days after receiving auction invoice unless otherwise arranged with an authorized staff member. In the event of nonpayment, your agreement to bid online is authorization to charge your credit card for purchases and all additional charges, including the online buyer's premium. Auctioneer may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price on invoices that are outstanding over thirty (30) days after the date of the sale.
All gold, silver, bullion, and/or jewelry lots, or invoices containing said lots, MUST be paid for via wire transfer or cashier's check, no other forms of payment, including credit cards, will be accepted.
Shipping and Removal of Property
Once your Invoice is PAID: If you paid for shipping, your invoice is in process for professional packaging, and shipping. We ship in the order of when payment was received. "First to Pay, First to Ship"!
Our full-time staff is working hard to get the shipments out as soon as possible. We ask that you please be patient to receive your tracking number, as we do send the tracking numbers out the day your package is picked up from the shipper.