1. 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, express or implied. All items are available for your examination prior to bidding. Your
bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine
them. 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. Our goal is to provide prospective bidders with
accurate and detailed information. We recommend prospective bidders examine all items in which they have an
interest. 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. We do not give refunds. All sales are
final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by
Sofe Design Auctions or by any seller represented by Sofe Design Auctions.
2. The highest bidder to be the buyer. If during the auction the Auctioneer considers that a dispute has arisen between
bidders he has absolute authority to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine
the advance of bidding or refuse a bid, divide any lot, combine any two or more lots or withdraw any lot without prior
notice. Where goods are bought at auction by a buyer who has entered into an agreement with another or others that the
other or others (or some of them) shall abstain from bidding for the goods and the buyer or other party or one of the
other parties is a dealer, the buyer warrants that the goods are bought bona fide on a joint account.
3. If a lot is offered with a reserve price, the reserve price is printed following the description and bidding will begin at
that price. Otherwise bidding will begin at a price appropriate in auctioneer.s discretion. The auctioneer always
reserves the right to withdraw a lot for any reason he deems appropriate.
4. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder.s responsibility to get our
attention prior to our saying .sold.. We reserve the right to reject any bids deemed inappropriate or to withdraw any
item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the
Payment must be made by USD in cash, approved USA BANK checks, wire transfers,
MasterCard or VISA credit cards. Credit Card Limit 5,000 USD. We reserve the right
to require bank checks for large purchases. Buyer's not known to us who wish to
write a check must provide a current letter of credit from their bank guaranteeing
funds for that account. Credit arrangements must be made by the Friday 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 line has not been
established. We do require wire transfers( fee 40 USD), or credit cards payments
(fee 3%) for international buyers.
6. Payment for all purchases is expected at time of purchase. Payment for successful absentee, phone bids and online
bids are required within five business days of the auction. Your signature on this form constitutes permission to charge
successful bids to credit cards if payment is not received within five days of the auction.
7. We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present at the auction.
Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids are executed competitively and
confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the
day before the auction. No additional phone bids can be accepted on the day of the auction including additions when
speaking with a staff person on the phone. We can accept written absentee
bids submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. Leaving an absentee or
phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the
auctioneer the authority to open the bidding at that level, or to open the bidding on a lot with a printed reserve at the
reserve price. Sofe Design Auctions shall have the right to withdraw any item at any time for any reason and to default
any sale in the event of an error or dispute.
8. In the case of identical absentee bids, the bid received first will prevail. Bids left on liveauctioneers.com and invaluable.com are not
executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 70-
100 lots per hour. Following are general guidelines for bidding increments:
$0-$100... .................$10 increments
$100-500 ..................$25 increments
$3,000-10,000...........$200 or $500 increments
Above $10,000..........$1,000, $2,000 or $5,000 increments
9. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be
made on land lines. Telephone bidding is offered only to clients outside the 828 area code. We make every effort to
honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to
execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an
extension of credit. Please see numbers 4 and 5 above.
10. Purchaser agrees that packing and shipping is done at the purchaser.s risk and that the purchaser will pay in advance
all packing expenses, materials, carrier fees and insurance charges. At our discretion, items will either be packed by an
agent such as a packaging store or Sofe Design Auctions. Please allow two weeks for shipping after payment is
received. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and
shippers if a purchaser so requests. Sofe Design Auctions will have no liability for any loss or damage to shipped items.
11. Note to internet absentee bidders. We do not accept cut bids, (bids less than the last interval) from the floor or from
phone bidders, and we do not accept them from internet bidders. Thus it is possible that a lot could go to another bidder
for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and
your absentee falls at $75, we will not take the bid since it is less than the $10 interval. We always encourage bidders to
bid by phone or to leave absentee bids through our gallery to avoid such a situation.
12. All purchases are subject to 7.65% Colorado sales tax unless the Colorado Certificate of Resale tax form is fully and
completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted.
International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer.s country.
13. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Sofe Design Auctions may exercise all of its rights and remedies under the law including, without limitation, (a) cancelling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
14. A buyer.s premium of 18% will be applied to the purchase price of all items. Live Internet bidding available
through liveauctioneers.com and invaluable.com is offered with an 23% buyer.s premium.
15. The Auctioneer reserves the right to impose a storage fee of $5.00 per day, per item, per
commencing on the 10th business day after the auction for any property not paid for and/or removed from the premises.
The auctioneer also reserves the right to resell on the buyer's behalf any item not picked up within 30 calendar days.
The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20% will
be subtracted from the proceeds unless other arrangements have been made with Sofe Design Auctions.
The minimum charge per item will be $50.00. Sofe Design Auctions will not be held liable for
damages that may occur as a result of leaving your items in our facilities.
16. We are normally closed on Fridays the week following auctions. Please arrange appointments for other days.
17. Please note lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by
the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the
importation of property containing materials from endangered species, and prospective purchasers should familiarize
themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country.