Conditions of Sale
WE ACCEPT PHONE BIDS. E-mail or call our office in advance at 727.896.0622. Hess Fine Auctions is the auction division of Hess Fine Art, Inc. We have been in the business of buying and selling fine art, artists estates, fine watches, decorative arts, estate jewelry and important collectibles for over 25 years. We conduct our weekly auctions on eBay where we have over 100,000 positive feedbacks with a 99.6+% rating with a total volume of over 70 million dollars since 1997. We have sold more vintage watches on eBay than anyone in the world and are have been featured in the Wall Street Journal, WORTH magazine, FORBES magazine, Entrepreneur Magazine, and many other publications. Our firm is headed by Mr. Jeffrey P Hess, a best selling Rolex author and highly sought after lecturer who opened his first fine arts gallery in the 1970s. Gallerist Richard Van is a former national appraisal television personality whose appraisal clients include the Federal Government, Ivy League institutions and major banks. Both Mr. Hess and Mr. Van are former SothebysDotCom Associates. We also have two GIA Graduate Gemologists on our staff including Hess Fine Auctions Chief of Operations Mrs. Katrina Hess. Our staff lecture audiences have included the American and International Society of Appraisers, JCK at the request of eBay, the Florida Auctioneers Association and the National Auctioneers Association. TERMS OF SALE: REGISTRATION: Bidders must be a registered Hess Fine Auctions client and be in good standing.
To participate in our Invaluable online sales you must become an Approved Bidder. To establish an account with our firm, please complete an Account Setup Form.
ALL SALES ARE FINAL. All lots are sold AS IS, with all faults, imperfections, and errors of description. Hess Fine Auctions (hereafter HFA), their employees and/or agents are not responsible for errors of description, genuineness or authenticity, and fault or defect in any lot. No warranties or representations whatsoever are given by HFA, its employees and/or agents, to any buyer in respect to any lot, except as noted below. A processing fee of 3% will be added to all those who choose to use electronic payment such as credit card or PayPal.
ALL PAYMENTS ARE DUE IMMEDIATELEY FOLLOWING AUCTION, and all merchandise must be removed from the premises within 5 business days of the auction by the buyer or the authorized shipper of their choice. Please note our payment options posted elsewhere.
LIMITED WARRANTIES FOR FINE & DECORATIVE ARTS, JEWELRY & ESTATE PROPERTIES: Artists who are cataloged with dates in parentheses indicate it is our opinion that this artwork was created or designed by the artist listed. Artists born before 1800, works created before 1870 and works identified as School of, Manner of, After or by other limiting or speculative descriptors do not apply to the following: Notwithstanding any Terms of Sale, if within 14 calendar days of the sale, HFA has received notice in writing from the original buyer of record of any artwork that authorship is in error and also within this time period this error is confirmed by a certified letter from an independent appraiser satisfactory to HFA, our firm will set aside the sale and refund to the buyer the amount paid by the buyer for the lot, excluding shipping. This limited warranty is specific to authorship only and does not extend to condition, restoration, medium, size, losses, relationship of an artist to a multiple edition or any other defect. Any artwork returned for refund under the above provisions must be returned to HFA in the same condition it was in at the time of sale. The same applies to jewelry or watches misdescribed as to the physical qualities of the jewelry and such inaccuracy is confirmed by a certified letter from an independent appraiser satisfactory to HFA, then our firm will set aside the sale and refund to the buyer the amount paid by the buyer for the lot. Physical Qualities are limited to descriptions of karat, weight of metal, type of stone or metal, carat (weight of stone), and cut of stone. The above provisions allowing return and refund will not be applicable upon evidence of any physical removal or tampering. Watches are covered by the same 14 day limited guarantee and terms as jewelry as to manufacturer of movement and case. Manufacturer of dial, bezel and bracelet is not guaranteed unless specified.
BIDDING:The highest bidder acknowledged by the auctioneer will be the buyer of that lot. In the event of any dispute, the auctioneer shall have sole discretion to either determine the successful bidder or to re-offer for bidding, the lot in dispute. HFA may refuse any bid, divide or combine any two or more lots and/or withdraw any lot or lots from the sale.
Some lots may be offered subject to a reserve, which is a minimum price below which such lot will not be sold. HFA may implement such reserves by bidding on behalf of the seller. HFA reserves the right to allow its employees to bid competitively at all auctions for their own payable accounts.
A buyers premium of 25% (unless otherwise indicated) of the successful bid price will be added to each lot and is payable by the purchaser as part of the total purchase price of each lot.
All purchases, including buyers premium, are subject to Florida state and local sales taxes. Buyers will be required to pay 7% sales tax at the time of payment unless items purchased will be shipped out of FL by a registered ICC carrier or buyer provides HFA with a valid FL resale number.
CONDITION REPORTS: HFA publishes condition reports for most lots in the item description. As time allows HFA and its employees will provide, upon request, supplementary reports and additional photographs for items contained within the current auction catalog. This service is provided as a courtesy only and requesting a condition report in no way changes the Terms of Sale. We are not professional conservators and we urge you to inspect each lot in person or retain an agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by HFA or its employees is subjective qualified opinion, notwithstanding written reports. ABSENTEE & ONLINE BIDDING: As a service, HFA provides several absentee bidding formats that vary by event to those who cannot or choose not to attend the auction live online or in person depending on the particulars of the sale. Please see bidding instructions posted elsewhere. By submitting a bid of any type the prospective purchaser consents and agrees to the Terms of Sale. HFA is not liable or responsible for any errors or failure to execute any bids.
SHIPPING: HFA has limited in-house shipping for smaller items and certain types of jewelry, silver and watches. Please contact us in advance of the auction if you wish to see if the lot in which you are interested can be handled by our shipping department. We will be pleased to provide a list of shippers and packers that our clients have successfully used, or you can have your own shipper handle your purchases. Please contact the shipper of your choice to arrange for pick up and packing of your items. Your items will be released as soon as payment clears our bank. We request that your shipper schedules pick up times at least 24 hours in advance; this will ensure no delays in pick up, and release of your purchases. Many of our customers use P.K.G.s, a nearby shipper who picks up here for you.Call Thad at 727.895.7547 for details and pay P.K.G.s for shipping. A second option for some of our customers has been the Tampa office of Craters & Freighters who also pick up at our offices. Call Justin at 813.889.9008 for more information about their services and rates. Please be aware that the item will be packed in a box that is proportionally larger than the object itself and will be in many cases be considered dimensional DIM weight. Shipping carriers charge based on maximum allowable weight for the size of the package. Your boxed purchase will likely weigh less than the stated weight on which the bill is based.
EXPORT LICENSES AND PERMITS: Certain property sold at auction may be made of or contain materials that may be subject to laws governing export, import or interstate transportation. It is the buyer?s responsibility to obtain any and all export, import and/or transport licenses, permits or documentation required by any authority. The denial or delay in obtaining any license or permit from any agency shall not justify the cancellation or rescission of any sale or any delay in making payment for the total purchase price of any lot in accordance with these Terms of Sale. WEAPONS: Relics and antique weapons are sold for collector purposes only. HFA expressly disclaims any liability whatsoever for accidents, injury and damage resulting to any person from the storage or subsequent use of any such lots. ADDITIONAL INFORMATION:
While HFA, their employees and representatives make every effort to accurately describe all lots offered for sale, it is incumbent upon the bidder to satisfy themselves in all areas of authenticity, originality, condition and imperfections. Bidders should also acknowledge that condition reports are often subjective and any item offered at auction may be subject to normal wear consistent with age that may not be specified in a condition report. If a bidder is uncertain about any of these issues, we would recommend that they not bid on lots in question. These Terms of Sale and the purchasers and our respective rights and obligations hereunder are governed by the laws of the State of Florida. By bidding at an auction, each purchaser and bidder agrees to be bound by these Terms of Sale. LEGAL JURISDICTION: HessFineAuctions is a division of Hess Fine Art, and is registered in Pinellas County, FL, USA. It is agreed that all parties will abide by the laws of the State of Florida in all matters relating to this agreement. And that in the case of any dispute, the legal jurisdiction of resolution shall be Pinellas County, Florida.
In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, with the purchaser to be responsible for all costs of collection (including attorneys fees and disbursements), we, at our option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, costs including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession, owned by such purchaser. We shall have all of the rights accorded a secured party under the Florida Uniform Commercial Code with respect to such property, and we may apply against such obligations all monies held or received by us for the account of, or due from us to, such purchaser. 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 cashiers checks, we have confirmed their authenticity. STORAGE:
All property must be removed from our premises by the purchaser at their expense no later than 5 business days following its sale and, if it is not removed, HFA reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. HFA shall have no liability for any damage to property left on its premises for more than 5 days following the sale. CONTRACTUAL OBLIGATION OF BIDDER:
Your bid is a legally binding contract. If you are the successful bidder, you have entered into a contract to purchase the property bid on from the seller. You should contact HFA to resolve any questions prior to placing any bids.
The Terms of Sale will take precedence over any other conditions, whether printed or posted on internet websites. Terms of Sale may be amended by posted notices or by announcement from the auctioneer.Hess Fine Auctions
Invaluable Sales Conducted by:
Katrina M. Hess, Florida Auctioneer License AU#4434, ATN Properties, LLC AB#3356
BID INCREMENTS: Bid Range/Increment: $0-99/$10, $100-499/$25, $500-999/$50, $1,000-2,999/$100, $3,000-4,999/$200, $5,000-9,999/$500, $10,000-19,999/$1,000, $20,000-49,999/$2,000, $50,000-199,00/$5,000, $200,000-Up/$10,000.
Legal Jurisdiction. HessFineAuctions is a division of Hess Fine Art, and is registered in Pinellas County, FL, USA. It is agreed that all parties will abide by the laws of the State of Florida in all matters relating to this agreement. And that in the case of any dispute, the legal jurisdiction of resolution shall be Pinellas County, Florida
Bidding is binding
Your bid is a legally binding contract. If you are the successful bidder, you have entered into a contract to purchase the property bid on from the seller. You should contact HFA to resolve any questions prior to placing any bids.
Legal Jurisdiction. HessFineAuctions is a division of Hess Fine Art, and is registered in Pinellas County, FL, USA. It is agreed that all parties will abide by the laws of the State of Florida in all matters relating to this agreement. And that in the case of any dispute, the legal jurisdiction of resolution shall be Pinellas County, Florida. The buyer acknowledges that any items not returned within 30 days of receipt of the refund will be deemed appropriated by the buyer and buyer also acknowledges their intent to deprive from seller, either temporarily or permanently, the right to the property or the benefit from the property
The Terms of Sale will take precedence over any other conditions, whether printed or posted on internet websites. Terms of Sale may be amended by posted notices or by announcement from the auctioneer.Hess Fine Auctions
Invaluable Sales Conducted by:
Katrina M. Hess, Florida Auctioneer License AU#4434, ATN Properties, LLC AB#3356
How to pay
We accept Cash, check, money order, moneygram, wire transfer, Visa, Mastercard, American express and Paypal. Processing fees for electronic payment will be paid by buyer.
Shipping Terms
Many smaller items can be shipped.
Storage fees of 1% per month will apply for all items not picked up within 30 days. Items will be considered abandoned after 180 days
Buyers premium
Buyers premium will apply to all sales
Florida Sales Tax
For all items delivered within the State of Florida or picked up in person, we are required to collect Florida Sales Tax at the rate specified for Pinellas County, currently 7% of the selling price and shipping/handling. Unless the purchaser provides a copy to us, either by fax or email, of a current Form DR-13 Florida Annual Resale Certificate for Sales Tax, in the name of the purchaser, we will charge 7% Florida Sales Tax on the purchase. The name on the DR-13 must be shown on the shipping name and address.
Exemption from Florida Sales Tax cannot be provided for deliveries within Florida even when the purchaser may be exempt in their resident State or Country. Only Florida Form DR-13 will be accepted.
If you are entitled to an exemption from Florida Sales Tax and do not comply with the above, Florida Sales Tax will be charged. You may be entitled to claim the amount paid on Line 6, Less Lawful Deductions of Form DR-15, Florida Sales and Use Tax Returns.
Condition
ALL SALES ARE FINAL. All lots are sold AS IS, where is with all faults, imperfections, and errors of description. Hess Fine Auctions (hereafter HFA), their employees and/or agents are not responsible for errors of description, genuineness or authenticity, and fault or defect in any lot. No warranties or representations whatsoever are given by HFA, its employees and/or agents, to any buyer in respect to any lot, except as noted below.
ALL PAYMENTS ARE DUE IMMEDIATELEY FOLLOWING AUCTION, and all merchandise must be removed from the premises within 5 business days of the auction by the buyer or the authorized shipper of their choice. Please note our payment options posted elsewhere.
LIMITED WARRANTIES FOR FINE & DECORATIVE ARTS, JEWELRY & ESTATE PROPERTIES: Artists who are cataloged with dates in parentheses indicate it is our opinion that this artwork was created or designed by the artist listed. Artists born before 1800, works created before 1870 and works identified as School of, Manner of, After or by other limiting or speculative descriptors do not apply to the following: Notwithstanding any Terms of Sale, if within 14 calendar days of the sale, HFA has received notice in writing from the original buyer of record of any artwork that authorship is in error and also within this time period this error is confirmed by a certified letter from an independent appraiser satisfactory to HFA, our firm will set aside the sale and refund to the buyer the amount paid by the buyer for the lot, excluding shipping. This limited warranty is specific to authorship only and does not extend to condition, restoration, medium, size, losses, relationship of an artist to a multiple edition or any other defect. Any artwork returned for refund under the above provisions must be returned to HFA in the same condition it was in at the time of sale. The same applies to jewelry or watches misdescribed as to the physical qualities of the jewelry and such inaccuracy is confirmed by a certified letter from an independent appraiser satisfactory to HFA, then our firm will set aside the sale and refund to the buyer the amount paid by the buyer for the lot. Physical Qualities are limited to descriptions of karat, weight of metal, type of stone or metal, carat (weight of stone), and cut of stone. The above provisions allowing return and refund will not be applicable upon evidence of any physical removal or tampering. Watches are covered by the same 14 day limited guarantee and terms as jewelry as to manufacturer of movement and case. Manufacturer of dial, bezel and bracelet is not guaranteed unless specified.
Storage fees of 1% per month will apply for all items not picked up within 30 days. Items will be considered abandoned after 180 days
