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Conditions of Sale
FEES

Buyer's Premium 0% of the Hammer Price, charged by Berz Gallery of African Art
Shipping & Handling Fees – All items sold during the Sale will be subject to additional Shipping & Handling Fees.
Credit cards - will be accepted only for lots totaling a hammer price of $1,000 or less.
Credit Card Processing Fee - Credit card payments will be subject to additional fees of the following:
US based Cards : MasterCard, Visa, Discover = 3.6%.
US based Cards : Amex = 3.6%.
Non-US based Cards : MasterCard, Visa, Discover = 4.0%.
Non-US based Cards : Amex = 4.0%.
Wire processing fee = $0
Check processing fee = $30
Checks take 14 days to clear
Late Payment Fee - Late payments are subject to a 1.5% interest fee per month.

THIS IS A LEGAL AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND THE BERZ GALLERY OF AFRICAN ART, LLC (“BGAA” OR “WE” OR “US” OR “OUR”) AND DEFINES YOUR RELATIONSHIP WITH SELLERS OF AUCTION PROPERTY. AS USED HEREIN, “YOU” MEANS AN UNDERBIDDER, BIDDER OR BUYER PARTICPIATING IN A SALE OF AUCTION PROPERTY THROUGH BGAA ON THE SITE OR HOSTING PLATFORMS (AS ALL TERMS ARE DEFINED HEREIN). YOU SHOULD CAREFULLY READ THIS AGREEMENT. BY USING OR ACCESSING THE SITE, OR BY REGISTERING TO PARTICIPATE IN A SALE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO PARTICIPATE IN A SALE.

  1. DEFINITIONS:

    • Additional Auction Terms – A separate document that provides additional conditions that apply to and are posted with a Sale.

    • Auction Property – Items marketed by BGAA for Sellers and offered during a Sale.

    • Bidder – An individual who places a bid on Auction Property during the sale with the intention to purchase the Auction Property for the bid amount. Bidders will be able to bid on Auction Property over the phone, via one of the Hosting Platforms or via an absentee bid.

    • Buyer – The person who places the winning bid for the Auction Property. Auction Property will be shipped to the Buyer once payment for the Auction Property has cleared.

    • Buyer Auction Property – The individual Auction Property won by the Buyer.

    • Buyer's Premium – A premium charged to the Buyer in addition to the Hammer Price.

    • Catalog – A physical or digital collection of all Auction Property consigned to be sold at auction. It will contain images and information about the Auction Property as approved by BGAA.

    • Hammer Price – The winning bid for Auction Property at auction. It is the price upon which the auctioneer’s hammer falls, but does not include the Buyer’s Premium.

    • Hosting Platform – The online platforms that BGAA will be using to host the Sale. These platforms shall be used to collect bids from Bidders, process payments and collect Buyer and Bidder information. The specific platforms being used to host the Sale shall be decided upon BGAA’s discretion.

    • Late Payment Fee – Additional fees due if amounts due are not paid by the agreed upon due date.

    • Reserve – The minimum price Sellers can set, to allow retention of an individual item of Auction Property if bidding does not reach the desired minimum price. Reserves cannot exceed the low estimate set by the Seller.

    • Return Period – A period of seven (7) calendar days, which begins upon delivery confirmation of the Auction Property by the Buyer, which allows the Buyer time to verify that the Auction Property is as described in the associated product listing, and to report any damage that may have occurred in transit.

    • Sale – An auction event conducted by BGAA whereby Auction Property is publicly offered for sale.

    • Seller – BGAA or anyone consigning Auction Property with BGAA for sale at auction.

    • Shipping & Handling Fees – The charges added to the Hammer Price to cover the cost of handling and shipping the Auction Property to the Buyer.

    • Site – The primary homepage which is identified by the URL www.berzgallery.com and any other subpage under that domain.

    • Total Purchase Price – The total value of Hammer Price plus Total Buyer's Premium, plus Shipping & Handling Fees.

    • Underbidder – Any person who has registered to buy at auction directly with BGAA, on the Site, or on the websites of the Hosting Platforms.

  2. FEES & PREMIUMS

    1. All fees are quoted in U.S. Dollars. By placing a bid during a Sale, You agree to pay the Total Purchase Price associated with winning Auction Property during the Sale. You are responsible for paying in a timely manner with a valid payment method (Paypal, credit card, wire transfer or authorized check).

    2. Fees & Commission Summary:

      1. Hammer Price – The Buyer is responsible for paying the full amount of the Hammer Price.

      2. Buyer's Premium – BGAA will charge a Buyer's Premium on all sold Auction Property equal to 0% of the Hammer Price, unless otherwise specified in the Additional Auction Terms for a Sale. This total will be considered the “Total Buyer's Premium.”

      3. Shipping & Handling Fees – All items sold during the Sale will be subject to additional Shipping & Handling Fees.

      4. Late Payment Fee – Late payments are subject to a 2.5% interest fee per month.

  3. PRE-SALE

    Any pre-sale bids or absentee bids must be submitted in writing to BGAA twenty-four (24) hours prior to commencement of the offer of the first Auction Property of the Sale. BGAA’s copy of any such bid shall conclusively be deemed to be the sole evidence of same. BGAA accepts these bids for the convenience of Bidders. BGAA shall not be responsible for any errors in the execution, or the failure to execute, any pre-sale bid.

  4. DURING THE SALE

    1. BGAA, in its sole and exclusive discretion, reserves the right to withdraw any Auction Property, at any time, for any reason, before the fall of the hammer.

    2. Unless the Sale is advertised and announced as “without Reserve”, Auction Property is offered subject to Reserve and BGAA may implement such Reserves by bidding through its representatives on behalf of the Sellers.

    3. Unless otherwise announced by auctioneer at the time of Sale, all bids are per Auction Property as numbered in the Catalog. At its sole discretion, BGAA has the right to determine any and all matters regarding the order, precedence or appropriate increment of bids of Auction Property.

    4. The highest Bidder acknowledged by the auctioneer shall be the Buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between Bidders, the auctioneer shall have the sole and final discretion either to determine the successful Bidder or to re-offer and resell the Auction Property in dispute. If any dispute arises after Sale, BGAA Sale record shall be conclusive in all respects.

    5. If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Auction Property offered, he may reject the same and withdraw the Auction Property from the Sale (whether or not there is a Reserve).

    6. Upon the fall of the hammer, title to any offered Auction Property will immediately pass to the Buyer as determined in the exclusive discretion of the auctioneer, subject to compliance by the Buyer with these Conditions of Sale. Buyer thereupon assumes full risk and responsibility of the Buyer Auction Property (except during shipment), agrees to sign any requested confirmation of purchase, and agrees to pay the Total Purchase Price.

    7. No “buy” bids shall be accepted at any time for any purpose.

    8. BGAA will use land lines and cellular phones for the collection of phone bids and has engaged the services of one or more Hosting Platforms. BGAA shall not be liable for lost sales or any special, incidental, consequential or punitive damages that result from any Bidder’s use of, or the inability to use, landlines, cellular or internet services. BGAA makes no representations, express or implied, as to the services of these third-party providers.

    9. Notwithstanding anything herein to the contrary, You acknowledge that BGAA does not own, take title to or possess any of the Auction Property; has not inspected the Auction Property in advance of the Sale; is mediating the sale but not the actual seller of the Auction Property; and therefore shall have no liability to You or others with respect to the quality, value, condition or otherwise with respect to any Auction Property.

  5. POST-SALE PAYMENT

    1. Unless exempted by law from the payment thereof, the Buyer will be required to pay any and all taxes and duties, including those where deliveries are to be made outside the state or country where a Sale is conducted, which may be subject to a corresponding or compensating tax in another state or country.

    2. All Auction Property sold during the Sale will be subject to appropriate Shipping & Handling Fees.

    3. The Buyer agrees to pay the Total Purchase Price via an approved payment method, as identified in Section 2.1, or any other method approved by BGAA. Sales amounting to more than $1,000 must be paid via authorized check or wire transfer. Checks will not be deemed to constitute payment until cleared. Any exceptions must be made upon BGAA's written approval of credit prior to Sale. In the event that the shipping cost for the Auction Property is unusually high because the Auction Property is being shipped to another country, or due to the Auction Property having an unusual size/shape or particularly heavy weight, Seller shall reserve the right to modify its original shipping estimate.

  6. SHIPPING

    1. The Buyer hereby agrees that BGAA will use your contact and shipping information in order to facilitate shipment of any purchased Property. BGAA will have physical possession of any items listed in the Catalog unless otherwise indicated prior to or during the Sale. You agree to receive information and correspondence from BGAA in regards to shipping arrangements.

    2. Auction Property will not be shipped to the Buyer until the Buyer has paid in full the Total Purchase Price and has satisfied such terms that BGAA, in its sole discretion, shall require.

  7. RETURNS & DISPUTES

    1. Upon cleared payment, BGAA will ship the Auction Property to the Buyer's provided address. Upon receipt of the Auction Property the Buyer may initiate a return any time during the Return Period, in accordance with the terms of Section 7.2.

    2. There are three (3) situations in which a Buyer may initiate a return during the Return Period:

      1. In the event that the Auction Property is discovered to have been misidentified due to an oversight on the part of the BGAA, BGAA will be responsible for the cost of fully insured return shipping to the Seller, and BGAA will refund the Total Purchase Price, to the Buyer.

      2. In the event that it is discovered that the dimensions, condition, or function of the Auction Property are meaningfully different than what BGAA indicates, BGAA will be responsible for the cost of fully insured return shipping, and the Buyer will be refunded the Total Purchase Price of the Auction Property, once the returned Auction Property has been delivered to BGAA in the same condition that it was sent.

      3. In the event that the Buyer is not satisfied with a purchased Auction Property for any reason other than the Auction Property not being as described or having unreported condition issues, the Buyer can announce a return within the Return Period after delivery. The Auction Property must be returned in the original condition. The Buyer is responsible for payment of return shipping, and BGAA will refund the Buyer the Total Purchase Price of the Auction Property less Shipping & Handling Fees, upon delivery to BGAA’s location.

    3. For our complete shipping terms, please refer to our Shipping Policy attached below these Conditions of Sale, as posted on the Site from time to time.

  8. NON-PAYMENT BY A BUYER

    If BGAA does not receive the Total Purchase Price in full, in good cleared funds, within fourteen (7) business days following the Sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to BGAA by law:

    1. impose a Late Payment Fee per thirty (30) days of the Total Purchase Price;

    2. hold the defaulting Buyer liable for the Total Purchase Price plus accrued Late Payment Fees and to begin legal proceedings for its recovery together with legal fees and costs to the fullest extent permitted under applicable law;

    3. cancel the Sale;

    4. resell the Buyer Auction Property publicly or privately without Reserve and with such terms as BGAA finds appropriate, with the Buyer liable for (i) any difference between the Hammer Price Buyer agreed to pay and the resale price actually received by BGAA, deficiency,(ii) any other costs, (including Shipping & Handling charges, the expenses of both Sales, and our commission on both Sales at our regular rate), (iii) all other charges due hereunder and (iv) any incidental damages. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier’s checks, we have confirmed their authenticity;

    5. take other action as BGAA finds necessary or appropriate.

  9. AUTHENTICITY GUARANTEE & WARRANTY

    BGAA thoroughly vets their inventory before posting the catalog. Consistent with terms as stated prior, a Buyer may return the Buyer Auction Property to BGAA within the Return Period, for a full refund. Per BGAA's Return Policy, the Auction Property must be returned in its original condition.

  10. USE OF PERSONAL INFORMATION

    You agree that BGAA may use Your contact information to market to You, and provide You with information about BGAA, including but not limited to future Sales. If You decide at any time that You no longer wish to receive such information or communications from BGAA, please follow the unsubscribe instructions provided in any of the communications. Additionally, BGAA warrants to never share your personal shipping information or personal information with any third party for marketing or other promotional purposes. Notwithstanding the foregoing, all use of your personal information is governed by the terms of BGAA’s Privacy Policy, as posted on the Site at www.berzgallery.com

  11. PASSWORDS.

    BGAA has several tools that allow You to record and store information in Your account. You are responsible for all actions taken on the Site and the Hosting Platforms under Your name, password or account, and for taking on Your own all reasonable steps to ensure that no unauthorized person shall have access to Your password. Without limiting the foregoing, it is Your sole responsibility to (1) control the dissemination and use of any login code and password used with Your Site accounts; (2) authorize, monitor, and control access to and use of Your account and password; (3) promptly inform BGAA of any need to deactivate a password. You grant BGAA and all other persons or entities involved in the Sales or operation of the Site the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in Your account in connection with any Sales or the operation of the Site.

  12. INTELLECTUAL PROPERTY

    Unless otherwise specified in writing, all materials that are part of the Site and Sales are owned, controlled, or licensed by BGAA and its licensors and are protected by law from unauthorized use. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.

  13. LIMITATION OF LIABILITY

    1. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND PARTICIPATION IN ANY SALE IS AT YOUR SOLE RISK AND THAT BGAA PROVIDES THE SITE AND ALL SERVICES ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER BGAA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “BGAA PARTIES") WARRANT THAT THE SITE OR ANY SALE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.

    2. THE BGAA PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT OF THE SITE, (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION OF ANY AUCTION PROPRETY IN THE CATALOG OR OTHER DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, MATERIAL, GENUINENESS, ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, EXHIBITIONS, LITERATURE, HISTORICAL SIGNIFICANCE OR ANY OTHER ASPECT OF ANY AUCTION PROPERTY SOLD) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. THE ABSENCE OF ANY REFERENCE TO THE CONDITION OF AUCTION PROPERTY DOES NOT IMPLY THAT THE AUCTION PROPERTY IS IN PERFECT CONDITION OR COMPLETELY FREE FROM WEAR AND TEAR, IMPERFECTIONS OR THE EFFECTS OF AGING. NO STATEMENT, WHETHER WRITTEN OR ORAL, AND WHETHER MADE IN THE CATALOG, SUPPLEMENTS TO THE CATALOG, ADVERTISEMENTS, BILLS OF SALE, SALESROOM POSTINGS OR ANNOUNCEMENTS, REMARKS OF AN AUCTIONEER, OR OTHERWISE, SHALL BE DEEMED TO CREATE ANY WARRANTY, REPRESENTATION OR ASSUMPTION OF LIABILITY.

    3. THE BGAA PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF A SALE OR THE USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT THE BGAA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT BGAA IS LIABLE, YOU AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE BGAA PARTIES WOULD BE LIABLE TO YOU FOR, IS THE AMOUNT OF THE BUYER’S PREMIUM PAID TO BGAA. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE BGAA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BGAA AS THE BUYER’S PREMIUM.

    4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO A SALE OR THE USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

  14. MISCELLANEOUS.

    1. The failure of BGAA to require or enforce strict performance by You of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of BGAA’s right to assert or rely upon any such provision or right in that or any other instance.

    2. You and BGAA agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect.

    3. No claimed modification or amendment of this Agreement on the part of either party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement.

    4. Any disputes arising under or in connection with these Conditions Of Sale shall be subject to the exclusive jurisdiction of the state and federal courts of Alameda County in the State of California, United States. You agree to comply with all local rules and laws regarding the purchase of Property at Auction. Specifically, You agree to comply with all applicable laws regarding the purchase of Property from the United States or any other country in which You reside.

    5. Clause headings are not a term of this Agreement, but are used for convenience and shall not be deemed to modify or limit the terms of this Agreement.

    6. The Auction Property may be subject to U.S. export controls or the trade laws of other countries. BGAA may refuse to complete the Sale or ship the Buyer Auction Property due to such laws. BGAA operates and controls the Site and Sales from the United States. BGAA makes no representation that the Site or Sales are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BGAA to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or participate in a Sale from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    7. This Agreement is effective until terminated by either party. You may terminate this Agreement by opting out of receiving communications from BGAA. The privileges granted to You under this Agreement will terminate immediately and automatically without notice from BGAA if, in our sole discretion, You fail to comply with any term or provision of this Agreement or for any reason in BGAA’s sole discretion. No termination by You will affect Your obligation to pay all amounts due from You as successful Bidder in any Sale. All terms that by their context are intended to survive the termination of this Agreement will survive termination of this Agreement.

  15. ENTIRE AGREEMENT & ADMISSIABILITY

    1. These Conditions Of Sale constitute the entire agreement and understanding between You and BGAA with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

    2. In some instances, both of these Conditions Of Sale of Use and Additional Auction Terms may apply additional conditions. To the extent there is a conflict between these Conditions Of Sale and any Additional Auction Terms, the Additional Auction Terms will control unless the Additional Auction Terms expressly state otherwise.

  16. SHIPPING POLICY

    1. Auction Property will not be shipped to the Buyer until the Buyer has paid in full the Total Purchase Price and has satisfied such terms that BGAA, in its sole discretion, shall require.

      1. The Buyer is responsible for paying the full shipping and insurance costs for the Property. The shipping cost will be provided for the Buyer SEPARATELY from the invoice for any sold Property. All arrangements for shipping and payment of shipping shall be organized between BGAA and the Buyer.

      2. BGAA will not disclose Buyer's information to any third-party. You agree to receive information and correspondence from BGAA in regards to shipping arrangements.

  17. INSURANCE

    1. BGAA shall be responsible for obtaining Insurance coverage from the shipping vendor for any sold & shipped Property equal to the full purchase price of the item. In the event that the BGAA fails to obtain insurance coverage, or did not obtain an adequate amount, BGAA shall not be responsible or liable for any such loss resulting from Lost or Damaged Property.

  18. INSURANCE CLAIMS ON LOST & DAMAGED ITEMS

    1. Property Lost in Transit

      In the event that Property is irretrievably lost in transit, BGAA will be required to initiate a Lost Package claim with the shipping vendor for the full purchase price of the Property.

      Once BGAA confirms that a claim has been initiated (including a claim number) for the full purchase price, BGAA will refund the Buyer the full purchase amount, including shipping costs.

    2. Damage In Transit

      In the case that the Property is damaged while in transit to the Buyer, the Property will be deemed a Total Loss. The Buyer must notify BGAA of the damage as soon as possible. BGAA requires that the Buyer thoroughly document the condition of the Property and the packing material. Photographs should be taken that clearly represent any damage to the Property and the condition of all packing materials. No parts of the Property or packing materials should be discarded and the Property should be kept at the original delivery address.

      Once BGAA has received photographic documentation of the reported damage, BGAA will open an insurance claim with the shipping vendor for the full purchase price of the Property.

      Once BGAA has received confirmation from the shipping vendor that a claim has been initiated (including a claim number), BGAA will refund the Buyer the full purchase amount, including shipping costs.

      As part of standard procedure for processing insurance claims, the Buyer must allow a representative of the shipping vendor to visit the delivery location in order to physically inspect the reported damage if requested. The Buyer must release the property to the vendor and agrees to do so by requesting a Total Loss claim.

    3. Insurance Claim on Return to BGAA

      In the case that a Property is returned to the BGAA and damaged in transit, this will be pursued as a Total Loss with the same applicable terms as listed in Section 18 1.2.