Previewing Details:Before the auction, you may attend pre-sale viewing for all of our auctions at no charge.  All property to be auctioned is usually on view for several days prior to the sale.  You are encouraged to examine lots thoroughly.  PCA’s staff is available at viewings and by appointment.  The viewing schedule for the auction is published in the front of the auction catalog.  We remind prospective buyers that descriptions of property are not warranted and that each lot is sold “as is” in accordance with Taxes:

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1.  General Provisions:

The following terms and conditions constitute the sole terms and conditions under which PCA will offer for sale and sell the property described in the Catalog, online or elsewhere.  These terms and conditions constitute a binding agreement (Agreement) between the Bidder and PCA with respect to the auction.  By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid, proxy or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these terms and conditions, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. 

NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE TERMS AND CONDITIONS EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM.  BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO PCA THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE REGISTRATION FORM.  WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, PCA WOULD NOT PERMIT THE BIDDER TO BID. 

Bidder and PCA agree that any agreements between the Bidder and PCA including but not limited to these terms and conditions are entered into in Buffalo County, Wisconsin, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.  Both PCA and the Bidder agree that any disputes under these terms and conditions, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by Wisconsin law, and that any and all claims or actions shall be brought and maintained only in Buffalo County, Wisconsin in a State or Federal Court to the exclusion of any other venue, locale or jurisdiction.  All parties submit to such jurisdiction.  Both Bidder and PCA agree that these provisions are intended to be binding on all parties and that they shall solely control choice-of-law, venue and jurisdiction in the event of any dispute specifically including third party claims and cross-actions brought by either PCA or Bidder, and that absent such agreement, PCA would not permit Bidder to bid hereunder.  Any violation of the terms of this Paragraph shall entitle the affected party to reasonable attorney’s fees, costs and expenses in addition to all other available remedies, all of which remain reserved.  The parties agree that PCA shall be entitled to present these terms and conditions to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.  Notwithstanding any other provision herein, the prevailing party in any claim, dispute or litigation between the parties shall be entitled to an award of reasonable attorney’s fees, costs and expenses, regardless of whether they are incurred in trial court, appellate court, bankruptcy or administrative proceedings.  Unless otherwise set forth in the Catalog, all property will be offered by PCA solely as agent for the seller or consignor of the property and not on its own behalf.  PCA is in compliance, to the fullest extent possible, with California procedures regarding the bonding of auctioneers. 

2.  Final Bid Price, Purchase Price and Payment:

The term, “Final Bid Price” means the amount of the highest bid acknowledged and acceptable to PCA.  The term, “Purchase Price” means the sum of (1) the Final Bid Price; (2) a premium payable by the successful Bidder (also referred to throughout this Agreement as “Buyer”) equal to fifteen percent (15%) of the Final Bid Price or twenty percent (20%) if through eBay Live Auctions; (3) applicable taxes (including California/Wisconsin and local sales tax and/or compensating use tax based upon the purchase price unless exempted by law; (4) shipping, handling and insurance coverage if requested by Buyer and agreed upon by PCA.  PCA may accept current and valid VISA, MasterCard, Discover and American Express credit or debit cards for payment but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer’s credit or debit card account will be issued under any circumstances.  The last sentence constitutes PCA’s “official policy” regarding returns, refunds, and exchanges where credit or debit cards are used.  For payment other than by cash, delivery will not be made unless and until full payment has been actually received by PCA, i.e., check has fully cleared or credit or debit card funds fully obtained.  PCA has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (2) in this paragraph.  Unless otherwise agreed in a writing signed by PCA, payment in full is due within 14 calendar days of the auction.  PCA SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BIDDER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PCA TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PCA BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE AGREEMENT.  IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PCA TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PCA WAS NOT SO AUTHORIZED. 

3.  Title:

On the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer but fully subject to Buyer’s compliance with all of the terms of the Agreement and the Registration Form. 

4.  Rights Reserved:

PCA reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason.  PCA shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances.  PCA reserves the right to refuse to accept bids from anyone. 

5.  Auctioneer’s Discretion:

PCA shall determine opening bids and bidding increments.  The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to re-offer and resell the lot in question.  In the event of a dispute after the sale, PCA’s record of final sale shall be conclusive.  The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve (see below) of the lot or article or that an advance is insufficient.  Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale. 

6.  Reserves:

Lots may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold.  Although the auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, PCA reserves the right to protect the reserve by bidding through the auctioneer and continuing to bid on behalf of the seller up to the reserve amount either through consecutive bids or by placing bids in response to other bidders.  Consignors may not bid on their own lots or property.  If the consignor is indebted to or has a monetary guarantee from PCA in certain circumstances, PCA may have an interest in an offered lot and the proceeds therefrom, apart from PCA’s commissions, and PCA may bid thereon to protect such interest.  In such instance, PCA is entitled to its standard commission rate when a lot is “bought-in” to protect its interest. 

7.  Risk and Responsibility; Agency:

The buyer shall, once deemed the highest bidder on the fall of the auctioneer’s hammer, bear all risk and responsibility for the lot, and neither PCA, its agents nor employees, shall thereafter be liable for any loss or damage to the property.  The buyer will also be required to sign a confirmation of purchase at such time if requested by the auctioneer.  All bidders are deemed to be acting as principals unless PCA acknowledges in writing prior to the auction that the bidder is acting as agent for another party.  In the absence of such written acknowledgment, the bidder guarantees payment of the Purchase Price of a successful bid. 

8.  Possession and Removal; Charges:

No portion of any lot may be removed from the premises or possession transferred to Buyer unless Buyer has fully complied with this Agreement and the terms of the Registration Form, and unless and until PCA has received the Purchase Price funds in full.  Notwithstanding the above, all property must be removed from the premises by Buyer at his or her sole expense not later than Sunday July 27, 2008 at 4PM if it is to be picked up, or within 14 calendar days of the sale if it is to be shipped from Wisconsin.  If all or any property has not been so removed within that time, in addition to any other remedies available to PCA all of which are reserved, a handling charge of one percent (1%) of the Purchase Price per month, up to the maximum interest rate allowed by Wisconsin law, will be assessed and payable to PCA by Buyer, with a minimum of five percent (5%) assessed and payable to PCA by Buyer for any property not removed within sixty (60) days.  PCA shall additionally have the option, in its sole discretion, of transferring any of such property to a public warehouse at the full risk and expense of Buyer.  PCA, in addition, reserves the right to impose a late charge of fifteen percent (15%) per year (unless otherwise required by law) on the Purchase Price if Buyer does not make full payment in accordance herewith.  PCA and Buyer acknowledge and agree that these charges are reasonably imposed to partially compensate PCA for losses and expenses associated with any such delays. 

9.  Off-Site Bidding:

Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and PCA’s approval which shall be exercised at PCA’s sole discretion.  Neither PCA nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof.  In order to be considered for off-site bidding in any manner, Bidders must comply with all of this Agreement and the terms contained on the Registration Form. 

10.  PCA’s Remedies:

Failure of the Bidder/Buyer to comply with any of this Agreement or the terms of the Registration Form, is an event of default.  In such event, PCA may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that PCA will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate PCA for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month (unless otherwise required by law) or the highest allowable interest rate; (d)take any other action that PCA, in its sole discretion, deems necessary or appropriate to preserve and protect PCA’s rights and remedies.  Should PCA resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith, including but not limited to warehousing, sales-related expenses, reasonable attorney’s fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable.  In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, PCA shall apply the payment received to such lot or lots that PCA, in its sole discretion, deems appropriate.  If PCA does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest.  Any buyer failing to comply with this Agreement shall be deemed to have granted PCA a security interest in, and PCA may retain as collateral such security for such buyer’s obligations to PCA, any property in PCA’s possession owned by such buyer.  PCA shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.)

11.  Warranties:

PCA does not provide any warranties to Bidders or Buyers, whether express or implied, beyond those expressly provided for in this Agreement.  All property and lots are sold “as is” and “where is”.  By way of illustration rather than limitation, neither PCA nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property, correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, genuineness, value, or period of the property.  Additionally, neither PCA nor the consigner makes any representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art.  PCA does not make any representation or warranty as to title. 
All descriptions, photographs, illustrations, and terminology including but not limited to words describing, authorship, period, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by PCA to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only.  They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price.  Price estimates (which are determined well in advance of the auction and are therefore subject to revision) are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. 
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and PCA urges Bidders to avail themselves accordingly. 
Lots and property are not returnable to PCA for any reason except under Buyer’s Remedies set forth in Section 14 below and under the express terms and conditions of Section 14. 

12.  Limitation of Damages:

In the event that PCA is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the performance of PCA, the liability, if any, of PCA, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer.  In no event shall PCA be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. 

13.  Unauthorized Statements:

Under no circumstances is any employee, agent or representative of PCA authorized by PCA to modify, amend, waive or contradict any of these Terms and Conditions, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by PCA unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties.  Any statements, oral or written, made by employees, agents or representatives of PCA to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on PCA, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of PCA. 

14.  Buyer’s Remedies:

This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 11 (“Warranties”) and 12 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law.  The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit.  In the event that Buyer proves in writing to PCA’s satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, PCA shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to PCA).  Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, PCA shall disclose the identity of the consignor to Buyer and assign to Buyer all of PCA’s rights against the consignor with respect to such lot or property.  Upon such disclosure and assignment, all responsibility and liability, if any, of PCA with respect to said lot or property shall automatically terminate.  PCA shall be entitled to retain the premiums and other amounts paid to PCA - this remedy is as to the consignor only.  The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.  The exercise of rights under this Section 14 must be made in writing, if at all, within thirty (30) days of the date of sale.  Failure to exercise this right in writing within 30 days of the date of sale results in the waiver of any claim, liability, or damage buyer has or may have against PCA or consignor. 

15.  PCA’s Additional Services:

For Buyers who do not remove purchased property from PCA’s premises, PCA, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer.  PCA assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by PCA or other packers and carriers, whether or not recommended by PCA.  PCA assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items.  Where PCA arranges and bills for such services via invoice or credit card, PCA will include an administration charge.  PCA is not an insurer.  In the event of damage which occurs during shipping, buyer’s sole recourse is the shipping insurance provided by the shipping company. 

16.  Entire Agreement:

This Agreement constitutes the entire agreement between the parties together with the terms and conditions contained in the Registration Form.  They may not be amended, modified or superseded except in a signed writing executed by all parties.  No oral or written statement by anyone employed by PCA or acting as agent or representative of PCA may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.  If any part of this Agreement is for any reason deemed invalid or enforceable, the remaining portions shall remain fully enforceable without regard to the invalid or unenforceable provisions.  Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. 

Get daily email alerts when new items become available that contain the following category and keywords. Category:Enter Keywords used in Search:

Welcome to the New Lot Closing Notification FeatureSubscribing to the Lot Closing Notification for an item will trigger our system to notify you about 5-10 minutes before the bidding closes. 
- Live Auctions: We will send you a notification when the item is about to go up for live bidding. 
- Timed Auctions: We will send you a notification when the item bidding is about to end. 

You can choose to be notified via SMS Text message and/or Email via the subscription settings page in your account.  Click Here to change your subscription settings.  Getting notified via SMS Text Message will require you to verify your cell phone via the profile page in your account. 
The following factors may prevent the notifications from being sent on time or at all:
- The Auctioneer chooses to go out of order for the items in their auction
- The Auctioneer closes bidding on more than 10 items in 30 seconds