Texas & Western Art

Vogt Auction – Terms and Conditions

By bidding in our auction you acknowledge that you have read and agree to all of the following terms and conditions of auctions conducted by Vogt Enterprises, LLC (“Vogt Auction”).

PREMIUM: A 23% buyers premium will be added to the hammer price for all direct bids whether live in-house, absentee, or by telephone. A 28% buyer's premium will be added for all live online bids. The purpose of this buyers premium is to cover costs of operation.

PURCHASES: Auction purchases must be paid for within seven (7) days of the date of the sale. Invoices will be emailed to each buyer including a written description and hammer price of each purchase as well as any applicable buyer's premium and tax. Texas residents are charged at our local San Antonio sales tax rate unless we are provided a copy of a valid Texas state resale certificate. Out of state residents are generally not charged Texas sales tax. We accept the following forms of payment: - Cash - Credit cards (NOT accepted for purchases >$5,000 without prior approval) - Personal checks / certified checks (funds must clear bank before purchases are released) - Wire transfers - Money order

NON-PAYMENT: By Texas law a winning auction bidder automatically enters into a legal and binding purchase contract with the auction house. We take our responsibility to sellers seriously, and it reflects poorly upon us if a buyer bids in a sale but fails to complete the transaction. In the rare case when a successful bidder fails to pay for their purchases within the time period allowed, the bidder has breached their contract. In such a case, Vogt Auction reserves the right to pursue any and all available legal steps against such a bidder who refuses to pay, including but not limited to the following:

• Vogt Auction may ban the refusing bidder from future auction participation. This ban may (or may not) be lifted upon payment of all sums outstanding, in Vogt Auction’s sole and absolute discretion.
• Vogt Auction may charge interest to the refusing bidder on outstanding amounts at a rate of 5% per annum.
• Vogt Auction may charge an administrative fee of $150 as a result of the accounting difficulties created by, and staff time/attention required to address, a refusing bidder.
• Vogt Auction may place a hold on any other items that the refusing bidder may have paid for but which have not yet shipped.
• Vogt Auction may offset any charges the refusing bidder owes against any money that Vogt Auction holds in escrow for the refusing bidder, if the refusing bidder consigns items with us, now or in the future.
• Vogt Auction may retain a collection agency and charge their fees and costs to the refusing bidder.
• Vogt Auction may retain legal counsel to pursue legal action against a refusing bidder. In the event the refusing bidder is found liable in any such legal action, the refusing bidder will be charged for, and will pay, all attorney costs and fees, any and all court costs and fees, any and all other expenses of pursuing litigation, court-imposed interest, and any other costs, expenses, fees, or charges permitted under applicable law.
• The above-listed penalties may be assessed in addition to any storage fees that may be incurred as a result of our storing a refusing bidder’s items. Such charges are outlined below under “storage fees”. Moreover, the above-listed fees are cumulative, not alternative, and may be undertaken

COLLECTION OF ITEMS: The buyer must arrange for collection of a purchased lot within seven (7) days of the date of the auction. Vogt Auction will not release auction purchases until we have received payment in full (and until any checks have cleared the bank). If the buyer pays for their purchases but does not collect their items within seven (7) days of the auction, or in the case of a “refusing buyer” as described in “Non-Payment” above, the buyer will incur a storage fee of $3 per item, per day, starting on the eighth calendar day following the auction for “small items”; however, for “large items” (items larger than 6ft x 6ft), Vogt Auction reserves the right in its sole and absolute discretion to charge a higher per-day storage rate up to $10 per day.  We will not release purchased lots to the buyer until all charges have been paid in full, including but not limited to these storage fees. Vogt Auction reserves the right to run stored credit card details to obtain storage fees or any outstanding balances. If a purchased lot is paid for but not picked up within a reasonable time frame, the buyer authorizes Vogt Auction, upon notice, to arrange a resale of the item by auction or private sale, with estimates and a reserve set at Vogt Auction's reasonable discretion. The proceeds of such sale will be applied to pay for storage charges and any other outstanding costs and expenses owed by the buyer to Vogt Auction and the remainder will be forfeited unless collected by the buyer. Failure to comply with Vogt Auction's storage policies may result in further action being taken against the bidder and a ban against any future activity with Vogt Auction.

ALL PROPERTY IS SOLD "AS IS", RETURNS NOT ACCEPTED. VOGT AUCTION DOES NOT AND CANNOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMIED TO ANY WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. Statements contained in the catalog, or elsewhere, are qualified statements of opinions only. Condition reports are available upon request; unless noted, items are not inspected out of their frames; condition of frames are available upon request. The absence of a condition statement does not imply that the lot is in perfect condition. It is recommended all prospective bidders examine carefully all items. By placing a bid, the purchaser signifies that they have examined the items as fully as they desire to.

ALL SALES ARE FINAL. ALL DEALERS MUST PRESENT A TEXAS RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR TEXAS SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS, OTHER THAN OUT OF STATE PURCHASES.