TERMS & CONDITIONS OF SALE
PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING OR BIDDING
The following Terms & Conditions of Sale, together with any lot-specific terms, posted notices, amendments, or announcements made by Adam House Auctions LLC (“Adam House Auctions,” “Auction House,” “we,” “us,” or “our”) before or during an auction, govern all bidding and purchases at auctions conducted by Adam House Auctions.
Adam House Auctions may offer property as agent for consignors and other sellers. By registering for an auction or placing a bid, whether in person, by in-house absentee bid, through LiveAuctioneers, HiBid, or by any other bidding method authorized by Adam House Auctions, the bidder acknowledges that the bidder has read, understands, accepts, and agrees to be legally bound by these Terms & Conditions of Sale.
Bidders participating through LiveAuctioneers, HiBid, or another authorized third-party bidding platform are also subject to that platform’s separate terms, conditions, policies, procedures, and applicable fees or charges.
1. REGISTRATION & BIDDER APPROVAL
All bidders must register and be approved before bidding. Registration does not guarantee approval.
Adam House Auctions reserves the right, in its discretion and to the extent permitted by law, to approve or decline a bidder, request additional identification, references, banking or financial information, establish bidding limits, require a deposit or other payment assurance, or impose additional registration requirements.
Bidders are responsible for providing accurate and current registration information.
A bidder is responsible for bidding activity conducted through the bidder’s registered account, bidder number, or paddle, except to the extent otherwise required by applicable law.
Adam House Auctions strongly encourages online bidders to register well in advance of the auction. Approval of registrations submitted immediately before or during an auction cannot be guaranteed.
Adam House Auctions may decline or limit the registration of bidders with insufficient bidding history, unresolved payment disputes, prior defaults, or other circumstances that reasonably call into question the bidder’s ability or willingness to complete a purchase.
2. ALL PROPERTY SOLD AS IS, WHERE IS ALL PROPERTY IS SOLD “AS IS, WHERE IS,” WITH ALL FAULTS AND WITHOUT RECOURSE, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW. ALL SALES ARE FINAL.
Auction property is generally antique, vintage, estate, previously owned, or used and should not be expected to be in new or perfect condition.
Property may exhibit wear, damage, repairs, restoration, alteration, adaptation, replacement components, losses, cracks, chips, scratches, staining, fading, discoloration, tarnish, oxidation, odors, dust, surface deterioration, structural issues, or other characteristics associated with age, use, handling, storage, or previous treatment.
Each bidder is responsible for determining, to the bidder’s satisfaction, the condition, authenticity, authorship, attribution, age, date, materials, dimensions, weight, completeness, provenance, origin, quality, rarity, value, and all other characteristics of property before bidding.
The absence of a condition statement does not mean that an item is free from defects, damage, restoration, alteration, wear, missing components, or other condition issues.
There are no returns or refunds based upon condition, wear, restoration, alteration, differences in color or appearance, inability to identify defects from photographs, omissions from a condition description, terminology differences, or a bidder’s failure to inspect property before bidding, except where otherwise required by applicable law.
3. INSPECTION, PHOTOGRAPHS & CONDITION REPORTS
Adam House Auctions provides photographs, descriptions, measurements, condition information, and condition reports as a convenience to prospective bidders.
Bidders are strongly encouraged to attend scheduled previews and personally inspect property before bidding whenever possible.
Bidders may also engage a qualified independent agent, appraiser, conservator, jeweler, gemologist, specialist, or other professional to inspect property on their behalf.
Condition reports, photographs, videos, descriptions, measurements, weights, dates, materials, attributions, and other information supplied by Adam House Auctions represent opinions or observations provided in good faith and are not warranties or guarantees.
Photographs and digital images constitute an important part of the condition information available to bidders. Bidders should review all available images before bidding.
Photographs may not reveal every flaw, defect, repair, restoration, surface condition, odor, texture, or other characteristic. Differences in lighting, photography, image processing, monitor or device calibration, screen resolution, or other technological factors may affect the appearance of color, finish, texture, scale, or condition.
Typographical errors, terminology differences, inadvertent omissions, or technological errors do not create a right of return except as required by applicable law.
Adam House Auctions may update or correct descriptions, photographs, measurements, condition information, or other catalog information before a lot is sold.
The most current information published online or announced by the auctioneer before or during the auction supersedes earlier information.
By bidding, each bidder acknowledges that the bidder has personally inspected the property, engaged an independent qualified person to inspect the property, or voluntarily elected to bid without an in-person inspection and accepts the risks associated with that decision.
CONDITION REPORTS, PHOTOGRAPHS, VIDEOS, AND CATALOG DESCRIPTIONS ARE NOT SUBSTITUTES FOR A BIDDER’S OWN INSPECTION AND DUE DILIGENCE.
4. CATALOG DESCRIPTIONS, ATTRIBUTIONS & ESTIMATES
Catalog descriptions and statements regarding artist, maker, manufacturer, origin, age, period, date, materials, dimensions, weight, provenance, history, condition, rarity, or other characteristics are expressions of opinion unless expressly stated otherwise.
Measurements, dimensions, weights, dates, and estimates are approximate unless specifically identified otherwise.
Pre-sale estimates are provided as a guide to prospective bidders and are not predictions, appraisals, warranties, or guarantees of the price at which property will sell.
Adam House Auctions reserves the right to correct, supplement, or update catalog information at any time before a lot is sold.
Updated information posted online or announced by the auctioneer before or during the sale may supersede previously published information.
Bidders are responsible for reviewing the most current lot information before bidding.
5. AUCTION TERMINOLOGY & ATTRIBUTION
Unless otherwise expressly stated, commonly used attribution terminology should be understood as expressions of opinion rather than guarantees.
“Attributed to” means, in our opinion, the work is probably by the named artist or maker.
“Studio of” or “Workshop of” means, in our opinion, a work executed in the studio or workshop of the named artist or maker, possibly under that person’s supervision.
“Circle of” means, in our opinion, a work of the period of the named artist and showing the artist’s influence.
“In the style of” means, in our opinion, a work related to the style of the named artist, maker, period, or aesthetic, but not necessarily created during that artist’s lifetime or the stated period.
“In the manner of” means, in our opinion, a later work executed in the style or manner of the named artist or maker.
“After” means, in our opinion, a copy, interpretation, reproduction, or later work based upon an original work by the named artist or maker.
“Cast from” generally means, in our opinion, a work cast from or based upon a model associated with the named artist; the term does not, standing alone, guarantee the date of casting or that the cast was made during the artist’s lifetime.
The use of an artist’s, maker’s, manufacturer’s, period’s, culture’s, or style’s name does not create a guarantee of authorship, authenticity, age, or origin except where Adam House Auctions expressly states otherwise in writing.
Bidders seeking certainty concerning authorship or attribution should obtain an independent expert opinion before bidding.
6. BIDDING & THE AUCTIONEER
The highest bidder acknowledged by the auctioneer shall be the purchaser, subject to any applicable reserve and these Terms & Conditions of Sale.
The auctioneer controls the conduct of the auction and, subject to applicable law, may determine or change bidding increments, reject or refuse a bid, resolve bidding disputes, reopen bidding when legally appropriate, pass or withdraw a lot, and take other reasonable action necessary to conduct the auction.
The sale of a lot is completed when announced by the auctioneer by the fall of the hammer or other customary manner.
If a bid is made while the hammer is falling, the auctioneer may, in accordance with applicable Texas law, reopen the bidding or declare the property sold under the bid upon which the hammer was falling.
Upon completion of the sale, the successful bidder becomes obligated to pay the full purchase price and all applicable premiums, taxes, fees, and charges.
7. IN-HOUSE ABSENTEE BIDDING
Adam House Auctions may accept absentee bids directly from qualified registered bidders.
ALL IN-HOUSE ABSENTEE BIDDING ARRANGEMENTS AND COMPLETED ABSENTEE BID FORMS MUST BE RECEIVED NO LATER THAN TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED START OF THE AUCTION.
An absentee bid represents the maximum hammer price the bidder authorizes Adam House Auctions to bid on the bidder’s behalf. The 28% buyer’s premium, applicable sales tax, and other applicable charges are additional.
Unless otherwise approved by Adam House Auctions, an in-house absentee bidder must provide three (3) established auction-house references through which the bidder has previously purchased property.
The three-auction-house-reference requirement may be waived for an absentee bidder who agrees to pay all successful purchases by cash or wire transfer.
Adam House Auctions may additionally require government-issued identification, banking information, a deposit, proof of funds, or other information reasonably necessary to establish bidder qualification.
Absentee bidding is provided as a convenience. Adam House Auctions does not guarantee that an absentee bid will be successfully executed and shall not be responsible for an inadvertent failure or error in execution except to the extent liability cannot lawfully be excluded.
If competing absentee bids are received at the same amount, priority may be given to the bid received first.
Adam House Auctions does not currently offer telephone bidding.
8. ONLINE BIDDING & TECHNOLOGY
Adam House Auctions may make auctions available simultaneously through LiveAuctioneers, HiBid, and other authorized third-party bidding platforms, together with live in-person bidding.
Bidders using third-party platforms are also subject to those platforms’ separate terms, conditions, policies, registration requirements, bidding procedures, payment requirements, and applicable fees or charges.
Third-party platform fees may be in addition to the Adam House Auctions buyer’s premium and other applicable charges.
Bids from the auction floor and multiple online platforms may be received simultaneously or within fractions of a second of one another.
Online bidders should bid promptly and should not assume that a bid submitted immediately before the hammer falls will necessarily be received, transmitted, displayed, or acknowledged before the lot is sold.
Except to the extent otherwise required by law, Adam House Auctions shall not be responsible for missed or delayed bids, internet interruptions, latency, software errors, platform failures, device failures, connection problems, system outages, or other technological issues.
In the event of a significant technological failure, Adam House Auctions and the auctioneer may, subject to applicable law, pause the auction, reopen bidding on an affected lot, continue, postpone, reschedule, or take other reasonable action necessary to preserve the integrity of the sale.
9. RESERVES & SELLER BIDDING
Unless expressly stated otherwise, lots are offered with reserve.
Certain lots may be subject to a confidential reserve established with the seller.
The owner, consignor, or an authorized agent may reserve the right to bid on property offered at auction. Where such right has been reserved, notice is hereby given in accordance with applicable Texas law and regulations.
Where a seller has reserved the right to bid, the auctioneer may accept or place bids on behalf of the seller only to the extent permitted by applicable law.
The auctioneer may execute bids on behalf of a consignor up to, but not exceeding, an applicable reserve, to the extent permitted by law.
If the reserve is not met, the lot may be passed or withdrawn.
Adam House Auctions does not knowingly use or permit false bidders or bids intended solely to artificially inflate the selling price.
10. BUYER’S PREMIUM
A 28% BUYER’S PREMIUM will be added to the hammer price of each lot.
The 28% buyer’s premium applies to in-person bidding, approved in-house absentee bidding, LiveAuctioneers, and HiBid unless expressly stated otherwise for a particular auction.
Bidders participating through a third-party service may also be responsible for additional fees or charges independently imposed by that provider.
11. SALES TAX
Applicable sales tax will be collected as required by law.
Purchasers claiming exemption must provide acceptable and current exemption documentation.
Purchasers are responsible for additional use, import, excise, or other taxes applicable to their transaction or destination.
12. PAYMENT
Payment is due upon invoicing. Adam House Auctions may process the credit or debit card or other payment method provided or authorized at registration following the auction or at checkout, subject to these Terms & Conditions of Sale and any applicable third-party platform procedures.
In all cases, any unpaid balance must be paid in full no later than seventy-two (72) hours following the conclusion of the auction.
Accepted forms of payment are:
- Credit cards
- Debit cards
- Wire transfers
- Cashier’s checks
- Cash
Personal checks are not accepted.
By providing or authorizing a credit or debit card at registration, the bidder authorizes Adam House Auctions to process that card following the auction or at checkout for the bidder’s successful purchases and applicable charges, unless Adam House Auctions requires another approved form of payment. This authorization does not limit Adam House Auctions’ right to require wire transfer or cashier’s check for designated transactions.
Adam House Auctions reserves the right to require wire transfer or cashier’s check for jewelry, watches, precious metals, luxury goods, high-value purchases, international transactions, purchases by new bidders, or transactions presenting increased fraud, chargeback, or nonpayment risk.
Adam House Auctions may decline a credit or debit card for a particular transaction and require another approved form of payment.
NO PROPERTY WILL BE RELEASED UNTIL PAYMENT HAS BEEN RECEIVED IN FULL AND ALL FUNDS HAVE CLEARED TO THE SATISFACTION OF ADAM HOUSE AUCTIONS.
A purchaser who believes a charge is incorrect should promptly contact Adam House Auctions.
Initiating a chargeback does not itself cancel a sale. A chargeback initiated without a valid legal or contractual basis may constitute purchaser default, subject to applicable law and payment-card protections.
If payment is not received within 72 hours, Adam House Auctions may, to the extent permitted by law, cancel the sale, pursue amounts due, resell the property, recover any deficiency and reasonable costs, restrict future bidding privileges, and report nonpayment to applicable bidding platforms.
13. SHIPPING
ADAM HOUSE AUCTIONS DOES NOT PROVIDE IN-HOUSE PACKING OR SHIPPING SERVICES.
Packing, shipping, transportation, insurance, and related arrangements are the purchaser’s responsibility.
Adam House Auctions may provide contact information for independent third-party providers previously used by Adam House Auctions or its clients. Such suggestions are provided solely as a convenience and do not constitute a warranty, endorsement, or guarantee.
The purchaser contracts directly with the selected provider.
Purchasers are strongly encouraged to obtain shipping estimates before bidding.
Adam House Auctions is not responsible for independent third-party shipping costs, delays, loss, theft, damage, breakage, packing, transportation, or other acts or omissions except to the extent required by law.
14. LOCAL PICKUP & RELEASE OF PROPERTY
NO PURCHASED PROPERTY MAY BE PICKED UP ON THE DAY OF THE AUCTION OR THE DAY IMMEDIATELY FOLLOWING THE AUCTION.
Purchased property may thereafter be picked up only during designated pickup dates and times.
Government-issued photo identification is required for pickup.
No property will be released until the invoice has been paid in full and all funds have completely cleared.
Written authorization or additional identification may be required before releasing property to anyone other than the registered purchaser.
Purchasers are responsible for providing labor, equipment, packing materials, and vehicles necessary to safely remove their property.
Unless expressly agreed otherwise, Adam House Auctions staff should not be relied upon to pack, wrap, dismantle, carry, load, install, or prepare property for removal.
15. STORAGE & UNCLAIMED PURCHASES
Adam House Auctions is an auction gallery and does not provide long-term storage for purchased property.
Purchased property must be removed within ten (10) business days following conclusion of the auction, unless another deadline is expressly provided.
STORAGE: $25.00 PER LOT, PER DAY
Storage fees accrue until the property is removed or otherwise handled in accordance with these Terms and applicable law.
Adam House Auctions may reasonably relocate unclaimed property. The purchaser is responsible, to the extent permitted by law, for resulting moving, handling, transportation, storage, or related costs.
Purchased property remaining unclaimed thirty (30) calendar days following conclusion of the auction will be considered abandoned under these Terms, subject to applicable law.
Thereafter Adam House Auctions may exercise available contractual and legal remedies, including, to the extent permitted by law, reselling, donating, disposing of, relocating, or otherwise removing the property.
Proceeds from subsequent sale may be applied toward storage, moving, handling, resale expenses, outstanding amounts, and other reasonable costs.
Payment for purchased property does not relieve the purchaser of the obligation to timely remove it or of applicable storage charges.
16. JEWELRY, GEMSTONES & PRECIOUS METALS
Jewelry is frequently antique, vintage, estate, or previously owned and may have been repaired, altered, resized, restored, or modified.
Gemstones may have undergone treatments or enhancements commonly used within the jewelry trade.
Unless expressly stated otherwise, Adam House Auctions does not warrant that gemstones are untreated.
Gemstones generally are not removed from mountings for examination, weighing, identification, or testing.
Statements concerning gemstone identity, natural or laboratory-grown origin, geographic origin, treatment, carat weight, color, clarity, cut, quality, or grade are opinions and/or approximations unless expressly supported by an identified independent laboratory report accompanying the lot.
Statements concerning precious-metal content may be based upon hallmarks, testing, professional opinion, or other available information.
Independent gemological reports represent the issuing laboratory’s opinion, not Adam House Auctions’ warranty.
Strung jewelry may require restringing. Clasps, mountings, prongs, findings, stones, and other components may require cleaning, tightening, repair, or replacement.
Bidders seeking greater certainty should obtain an independent jeweler or gemologist inspection before bidding.
17. WATCHES & CLOCKS
Antique, vintage, estate, and previously owned watches and clocks may have been repaired, serviced, restored, altered, refinished, or fitted with replacement components.
Adam House Auctions does not warrant originality of movements, cases, dials, hands, crowns, stems, crystals, bezels, bracelets, straps, bands, buckles, clasps, pendulums, weights, keys, winding mechanisms, or other components unless expressly stated.
A watch or clock described as running, ticking, winding, or operating when cataloged is not guaranteed to continue operating after sale.
No warranty is made regarding accuracy, timekeeping, power reserve, mechanical or electronic condition, complications, completeness, originality, future service requirements, or water resistance.
A watch should never be assumed to remain water resistant or waterproof.
Boxes, certificates, papers, service records, manuals, keys, pendulums, weights, and other accessories are included only when expressly stated or pictured.
Prospective purchasers should have watches and clocks inspected and serviced by an appropriate qualified professional before use.
18. ART, ANTIQUES & DECORATIVE PROPERTY
Adam House Auctions is not acting as a professional conservator or restorer.
Fine art, antiques, furniture, bronzes, ceramics, porcelain, glass, crystal, textiles, rugs, decorative objects, and other estate property may exhibit restoration, repairs, replacement, relining, retouching, craquelure, surface wear, losses, fading, staining, odors, structural changes, or other effects of age and use.
Condition information represents opinion rather than warranty.
Bidders requiring greater certainty should consult an appropriate independent specialist before bidding.
19. ELECTRICAL & MECHANICAL ITEMS
Electrical, mechanical, lighting, and similar property is sold for its decorative, collectible, or property value unless expressly stated otherwise.
NO WARRANTY IS MADE CONCERNING ELECTRICAL SAFETY, WIRING, MECHANICAL OPERATION, CODE COMPLIANCE, OR FITNESS FOR USE.
Purchasers should have such property inspected and serviced by qualified professionals before use.
20. PROTECTED & RESTRICTED MATERIALS
Certain property may contain wildlife, plant, or other materials regulated by federal, state, foreign, or international law, including CITES.
The purchaser is responsible for determining whether property may lawfully be purchased, possessed, transported, exported, imported, or delivered to the intended destination.
Inability to obtain a permit, certificate, shipment, or governmental approval does not automatically provide a right to cancel the sale except where required by law.
21. DEFAULT BY PURCHASER
A successful bid creates a binding purchase obligation upon completion of the sale.
Upon purchaser default, Adam House Auctions may exercise remedies available under these Terms and applicable law, including cancellation, recovery of amounts due, restriction of future bidding privileges, resale, recovery of deficiencies and reasonable expenses, and reporting nonpayment to applicable bidding platforms.
Exercise of one remedy does not prevent exercise of another available remedy.
22. LIMITATION OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADAM HOUSE AUCTIONS AND THE SELLER MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHORSHIP, DATE, AGE, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, MATERIAL, PROVENANCE, EXHIBITION HISTORY, LITERATURE, HISTORICAL SIGNIFICANCE, OR VALUE OF ANY LOT, EXCEPT FOR AN EXPRESS WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
BIDDERS ARE RESPONSIBLE FOR THEIR OWN INSPECTION, RESEARCH, AND DUE DILIGENCE BEFORE BIDDING.
23. LIMITATION OF LIABILITY
If Adam House Auctions is unable to deliver purchased property because of loss, theft, casualty, fire, governmental action, force majeure, or another circumstance beyond its reasonable control, liability shall be limited, to the fullest extent permitted by applicable law, to the amount actually paid to Adam House Auctions for the affected property.
Adam House Auctions is not responsible for acts or omissions of independent third-party shippers, movers, packers, bidding platforms, payment processors, or other independent providers except as required by law.
Once property is released to the purchaser or an authorized third party, Adam House Auctions has no responsibility for subsequent loss, theft, damage, breakage, delay, packing, handling, transportation, or delivery except as required by law.
24. WITHDRAWAL OF PROPERTY
Adam House Auctions reserves the right to withdraw a lot at any time before completion of its sale, subject to applicable law.
No prospective bidder has a claim against Adam House Auctions or the consignor solely because a lot is withdrawn before sale.
25. GOVERNING LAW, JURISDICTION & VENUE
These Terms & Conditions of Sale and any dispute, claim, or controversy arising out of or relating to an auction, registration, bid, purchase, payment, property, or transaction involving Adam House Auctions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
The parties consent to jurisdiction in the state and federal courts located in the State of Texas, subject to jurisdictional and venue requirements imposed by applicable law.
Adam House Auctions LLC maintains its principal business operations in Denton County, Texas, and the parties agree that, to the extent permitted by applicable law, venue for an action or proceeding arising from or relating to these Terms & Conditions or an auction transaction shall lie in Denton County, Texas.
Nothing in this provision is intended to override a mandatory jurisdiction or venue requirement imposed by applicable law.
26. TEXAS AUCTIONEER & CONSUMER NOTICE
The auctioneer conducting the live auction is licensed and regulated by the Texas Department of Licensing and Regulation.
Dalton Tompkins, Auctioneer
Texas Auctioneer License #17501
For questions or complaints concerning a Texas licensed auctioneer, consumers may contact:
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, Texas 78711
Telephone: 800-803-9202 (in Texas)
Telephone: 512-463-6599
Website: www.tdlr.texas.gov
27. ACCEPTANCE OF TERMS
By registering for an auction or placing a bid, whether in person, by in-house absentee bid, through LiveAuctioneers, HiBid, or another authorized method, the bidder acknowledges that the bidder has read, understands, accepts, and agrees to be legally bound by these Terms & Conditions of Sale.
The bidder acknowledges that completion of a successful bid creates an obligation to purchase the property and that the purchaser is responsible for timely payment and removal.
ALL PROPERTY IS SOLD AS IS, WHERE IS.
ALL SALES ARE FINAL.
NO RETURNS OR REFUNDS EXCEPT AS REQUIRED BY APPLICABLE LAW.
ADAM HOUSE AUCTIONS LLC
Dalton Tompkins, Auctioneer
Texas Auctioneer License #17501
