Auction Terms & Conditions Vist KCAC's website for most current information.
Sponsors, Patrons, Donating Artists & KCAC Members ONLY.
Are YOU on the list? More Information is here.
First Look, First Bids, First Buy-outs!
Preview artworks before the excitement of Auction night, bid on Silent Auction artworks, submit an Absentee Bid, a Sealed Bid, and make your Buy Outs.
The Sweetheart Reception honors our contributing artists and patrons. Refreshments and desserts will be served. It’s another great chance to preview the artwork, make bids and this is the LAST CHANCE to make a Buy Out to ensure you get the piece you love! Come celebrate with us! Open to the public. Tickets are $25 at the door. Bring the Auction announcement with you to the reception and attend as our guest.
Saturday, February 16th, Doors open at 6 pm
Appetizers will be served from 6 – 8 pm. Beverages will be served all evening. Auction regulars will tell you to come early, dress casually and in layers, as the bidding gets hot, so does the room. Be ready for a great time!
Tickets $30 in advance, $50 at the door.
Silent Auction – 6 pm. You can start bidding on Silent Auction items beginning February 1st, up to and until, the Silent Auction begins closing at 7:15 p.m. on auction night, February 16. Stake your claim early and be ready to up your bid Saturday evening!
Live Auction – 8:15 pm. This is it! By now you have finished bidding on your Silent Auction selections and are ready to be a part of the fun and thrills of the Live Auction! The Live Auction generally lasts until 10:30 or 11:00 pm. Checkout for both Live and Silent Auction begins at 9:00 pm. Cash, checks, major credit cards are accepted.
GENERAL ADMISSION tickets – $30 in advance, $50 at the door.
May be purchased at the KCAC Gallery. Your ticket is your admission for the Live Auction and must be presented to receive a bidder number, you cannot bid without a bidder number. Please sign up for your bidder number when you purchase your ticket. Early-bird ticket prices are $30 up until the day of the Auction, February 17th, tickets are $50.
SPECIAL RESERVE SEAT tickets – $130
May be purchased at the KCAC Gallery. A limited number of reserved seats – up front, where you can really follow the bidding – are available for $100, with General Admission Ticket your total is $130. The price of this special ticket is not refundable; however, $100 may be applied toward the purchase of one Live Auction artwork. Reserve seats may be purchased during the Preview up to the day before Auction Night, Friday, February 15th.
You must have a bidder number to bid. Bidder numbers are available when you purchase your General Admission ticket. Avoid lines, purchase your ticket and get your bidder number during the Auction Preview!
AUCTION ALTERNATIVE BIDDING PROCEDURES
ABSENTEE BIDS Bidders may leave Absentee Bids for live auction items during the preview. Bids must be submitted on KCAC Absentee Bid Forms. Payment must be made at the time the bid is registered. If the bid is not successful payment will be returned the week following the auction. In the event duplicate bids are made, the bid submitted first will be honored. Available during the Auction Preview, February 1st – 11th, and during the Sweetheart Reception.
BUY OUTS Bidding on all Auction pieces will be closed when a BUY OUT is made. The BUY OUT price is determined by KCAC and is listed for each artwork. A BUY OUT must be submitted to KCAC staff. Payment must be made at the time the BUY OUT is registered. Available during the Auction Preview, February 1st – 11th, and during the Sweetheart Reception.
SEALED BID ITEM: TBA
Sealed bids are due by Saturday, February 16th, 2018 by 7:45pm. Bids must be submitted on KCAC Sealed Bid Form. Contact Marissa NOW to enter your bid (816.421.5222 or marissaKCAC @ gmail.com).
Official Auctions, Inc. Terms and Conditions
Please review prior to participating in any of our events, live or online.
Official Auctions, Inc. is not responsible for lost or stolen items or accidents. Merchandise is considered sold and becomes the responsibility of the winning bidder upon hammer fall.
Please Review Shipping Instructions (#11).
The following are a few things that you will need to keep in mind while you are bidding at our auctions. All bidders are bound by the outlined Terms & Conditions:
1) By participating, The Bidder acknowledges their acceptance of our terms and conditions. Please do not bid if you cannot agree to the terms of these contracts, meet the payment requirements, or the pick-up restrictions.
Live Auctions: Full payment shall be made day of the auction prior to the removal of any items, no exceptions. All live auction sales are subject to 15% Buyer's Premium unless otherwise stated. See specific auction details.
Online-Only Auctions: Your credit card will be charged for your purchases plus 15% internet buyer's premium immediately following the auction. You will be notified at the end of Auction via email with your settlement sheet noting all purchases and amount charged to your card.
Please note: if items purchased are to be shipped to the state where the auction is being conducted, additional sales tax might be charged. All sales tax subject to city, state, and county assessments. If you are TAX EXEMPT, you must have a TAX EXEMPT form on file with Official Auctions Inc PRIOR TO THE AUCTION. Cash, cashier's check, or wire transfer must be submitted and verified within 24 hours of the auction, no exceptions. Payment of purchases must be made by cash, cashier's check, Visa or MasterCard with proof of identity. All checks must be made payable to "Official Auctions, Inc.". Items sold with Title or Bill of Sale require payment to be cleared prior to item being released.
Bidder agrees not to stop payment on checks or charges, or penalties will apply. A valid credit card must be kept on file with Official Auctions at all times. Official Auctions has the right to submit an authorization from time to time to ensure the credit card is valid. If the credit card becomes invalid, Official Auctions will suspend your bidding rights until a valid credit card is reinstated. Fingerprint required for all check payments. Proxy bid forms available, call (816) 564-3574 or reference our website @ www.oaiauctions.com. A bank letter of credit must accompany all proxy bid forms and must be on bank letterhead naming Official Auctions, Inc. as the party guaranteed.
3) NO WARRANTY: The descriptions of items appearing in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions nor the oral statements made by owner, its officers, agents nor employees of Official Auctions, Inc. concerning any items shall be construed as a warranty, either expressed or implied. This catalogue is intended to provide general information and is subject to errors, omissions, additions or deletions. Please check with Auctioneer's office for final listing. Items offered may or may not be sold as described in this catalogue. Again: ALL ITEMS ARE SOLD AS IS - WHERE IS with no warranties expressed or implied. Statements made day of sale take precedence over all printed materials. For online only auctions: latest dated statements take precedence.
4) INVOICE/RECEIPT: Buyer will be furnished an invoice when payment is received for items purchased. This receipt must be presented to and validated by check-out personnel before the buyer will be permitted to remove purchases from the auction premises.
5) REMOVAL REQUIREMENTS: Removal date requirements will vary per auction. Merchandise becomes the full responsibility of the buyer when the Auctioneer says "Sold" and the buyer assumes all risk of loss and damage to property until removed from auction premises. Official Auctions, Inc. is not responsible for accidents, or lost/stolen items, or breakage during Auction or Load-Out. If buyer seeks assistance in load-out from Auction personnel, Auction House is not responsible in any way for breakage or damage to any items. ALL pick-up and load-out responsibility lies with the BUYER.
6) RESALE: Auctioneer reserves the right to resell any property not paid for in full on the day of the auction. Buyer shall be responsible to the auctioneer for expenses of resale and collection and any damages resulting from the resale including attorney's fees and costs.
7) DISPUTES BETWEEN BIDDERS: The auctioneer shall designate the Purchaser after each item of merchandise is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to reopen bidding. His designation of a buyer shall be final.
8) INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or his agent and further agrees to hold Official Auctions, Inc., the owner, its officers or employees harmless for any personal injury to himself or his agents and any property damage incurred on sale premises.
9) TITLE AND BILL OF SALE POLICY: All titles will be given to purchaser today with receipt of cleared funds. If payment made by any other payment form other than cash or wire transfer, title and vehicle will be released to the purchaser when payment has cleared the bank. Any form of payment other than cash will require bank confirmation of good funds. Titles will only be put into the name of the person(s) who is the high bidder on that item. No exceptions!
10) Official Auctions and/or sellers' liability shall be limited to the refund of bidders purchase price only. None of these terms and conditions can be altered without prior written consent of Official Auctions Inc. All auctions are bound by all legal rights and remedies in the state in which the auction occurs. The successful purchaser agrees to pay any and all reasonable attorney's fees and costs incurred by the auction company, the seller and/or their servants, agents, or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder.
11) SHIPPING: ALL SHIPPING IS THE SOLE RESPONSIBILITY OF THE BUYER. Official Auctions is not liable, nor responsible, for ANY shipping for ANY auction, no exceptions. All items must be removed from the auction within 48 hours of the close of the auction, unless otherwise stated in specific auction terms. Items will only be released upon the presentation of a PAID IN FULL invoice.
For UPS or Freight Shipping contact Peggy Sundquist at The UPS Store of Raytown, 816.743.8118. The UPS Store of Raytown can provide you with a quote for Packaging, Shipping and Pick Up. All fees must be paid according to UPS terms. Before contacting, please forward your email from Official Auctions that has your invoice number, lot number(s), name address and phone number to email@example.com. This email allows Official Auctions to release your items to UPS for shipping. UPS will not be able to pick up your items for shipping unless you have already paid Official Auctions for your items.
All About Shipping
Local Kansas City office: 816-389-6006
Craters & Freighters
Local Kansas City office: 816-505-2223
12) PREVIEWS: Standard preview is day prior to the live or online only auction. See specific auction details.
13) LOADOUT: Items must be removed within 48 hours of the close of the auction. Standard hours for load out are between the hours of 10 am & 3 pm, Monday through Friday. SEE SPECIFIC AUCTION TERMS FOR ACTUAL LOAD OUT DATES AND TIMES. Items not removed within the timeline are subject to storage fees and/or forfeiture. Please contact KCAC for additional information.
14) SECURITY POLICY: We respect and are committed to protecting your privacy. We collect personally identifiable information when you visit our site and any information acquired will never be shared with any other parties. Your payment and personal information is always safe. By registering for this auction, Official Auctions Inc. reserves the right to email communication regarding future events.
15) Time shall be of the essence.
Please Contact the Auction Company with additional questions.
ABOVE ALL- PLEASE BID, BUY & HAVE FUN! THANK YOU FOR YOUR PARTICIPATION! WE HOPE YOU ENJOY THE AUCTION AND LOOK FORWARD TO SEEING YOU IN THE FUTURE!
Online bidders also agree to the Terms and Conditions of the Hibid online auctions platform, as written here:
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Seller User Terms
Bidder User Terms