Skip to main content
Go to accessibility notice

Heritage Charity Auctions

Conditions of Sale

All net proceeds from donated lots to the auction go solely to charities selected by the Consignor.

The property listed in this catalog, which may be amended by auction room notice or announcement, will be offered for sale by the Heritage Charity Auctions ("Heritage") under the following terms and conditions::

  1. Bids shall be made in accord with the procedures set forth on the Heritage website for Heritage Charity Auctions or on forms prescribed on the website and transmitted by fax or email to HA.com/Charity.

  2. Bids are accepted only from registered bidders. See bidder registration information on Heritage Charity Auctions website at HA.com/Charity.

  3. Some lots may be subject to a Reserve, an amount below which the lot will not sell. Lots subject to a Reserve are noted in its description or otherwise.

  4. All property is sold "AS IS" and without any right of return. Heritage does not make any express or implied warranties or representation of any kind or nature with respect to the property, and in no event shall it be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, description, genuineness, attribution, provenance, or condition concerning the property, and no statement in the catalog or made at the sale or in the bill of sale or the invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability. Heritage shall not be liable for any incidental or consequential damages arising from the sale of any property.

  5. The descriptions in the catalog are solely for the convenience of the Bidders for identifying the items, and no warranty or representation is made that the items shall conform to the description. Estimates provided in the catalog are not representations of market value but indicate an opinion of fair market value.

  6. As used in these Conditions of Sale, the term "the final bid" means the price at which a lot is declared by the auctioneer, as he in his sole opine may determine. The term "the purchase price" means the sum of the final bid and sales tax, if any.

  7. Heritage reserves the right to withdraw any lot before or at the sale.

  8. The highest bidder acknowledged by the auctioneer official shall be the official Buyer. The auctioneer has the right to reject any bid. In the event of any dispute between bidders, the auctioneer may determine the successful bidder or to reoffer and resell the lot in dispute. Should there be any dispute after the sale, Heritage's record of final sale shall be conclusive. On the fall of the auctioneer's hammer or at the time of session closing, the Buyer assumes all risk and responsibility for the lot and pays the full purchase price. If the Buyer fails to comply with such requirement, the lot may, at the auctioneer's discretion, be put up and sold again.

  9. Successful bidders shall pay Sales Tax on "Consigned" lots as applicable and based upon the state in which the Buyer takes delivery.

  10. Each lot shall be at the Buyer's risk on the fall of the hammer.

    1. The full price of each lot shall be paid within four (4) days of the sale's close. Heritage shall not be responsible for lost or damaged lots after 4 days.
    2. Title to the lots will not pass until payment has been tendered.

  11. Goods will be released to the Buyer only on presentation of delivery order (invoice) signed by a Heritage representative;

    1. no delivery will be made until full payment of the purchase price of the goods has been made to Heritage;
    2. not less than an entire lot can be taken, and unless otherwise agreed in writing, all goods may be delivered either the night of the sale or by appointment with Heritage within 4 days of the sale; or
    3. if buyer is successful, Heritage may accept reasonable shipping instructions which instructions shall be presented within four (4) days of the sale and bidder shall be responsible for all costs, handling, and insurance.

  12. Absentee bids are submitted subject to the rules set forth in items 18 - 22 hereafter. The THSA shall not be responsible for failing to execute such bids or errors relating to the execution of such bids.

  13. If any applicable conditions herein are not complied with by the Buyer, Heritage may, in addition to asserting all remedies available by law, including the right to hold the Buyer liable for the purchase price, either

    1. cancel the sale, retaining as liquidated damages any payment made by the Buyer, or
    2. resell the property with seven days notice to the Buyer.

  14. This is a privately managed auction. Heritage reserves the right to refuse admittance to any person for any reason, or eject from the auction site anyone selling or attempting to sell his or her own merchandise or creating a distraction or disruption during the auction.

  15. Payment shall be made in US Dollars, credit card, bank money order, or wire.

  16. In the event that Heritage is unable to deliver the lot due to damage in whole or in part, then the purchaser's sole remedy is a refund of the purchase price. If the provider of any item, service, experience or event does not perform, Heritage to the extent that it has retained any of those funds, and the charity to the extent that it has received any of those funds, shall each be responsible pro rata for any such refund.

  17. Heritage reserves the right to release winning Bidder's name and address to the charity.

  18. Written, Mail, Fax Bidding and email bids are subject to the addition terms listed below:

  19. Some charity auction lots were consigned by individuals with all proceeds to be donated to the nonprofit. Bidding on any such lot is ineligible for any tax deduction by winning bidder.

  20. All written bids must be received no later than 12:01pm one business day prior to end of online auction.

  21. All bids shall be treated as offers made on the terms of the Conditions of Sale found in the catalog.

  22. Please post bids to Heritage Charity Auctions, 3500 Maple Avenue -17th Floor, Dallas, TX 75219-3941, in ample time before the sale. In the event of duplicate bids, the earliest bids take priority.

  23. Internet Bidding is subject to the additional terms listed below:

  24. All bids via the Internet shall be entered by entering the bids on the Heritage Charity Auctions website HA.com/Charity.

  25. Bids will be accepted on the Heritage website until the evening prior to the commencement of the live auction when bidding is continued live at the charity event.

  26. If you are the successful bidder, you will be notified by email. The email will provide you instructions for payment and delivery.

  27. Phone Bidding is subject to the additional terms listed below:

  28. To further participate by Telephone during any live event, after the online auction closes, the high bidder will be contacted to get contact numbers for telephone bidding during the event. This contact number will be provided to a representative from the charity for phone bidding. In some cases a maximum absentee bid will be taken and provided to the charity if phone bidding is not requested.

  29. We strongly recommend that you place preliminary bids by mail, fax, or Internet, even if you intend to participate by telephone. On many occasions this dual approach has helped to reduce disappointments due to telephone problems, unexpected travel, late night of the session, time zone differences, etc.

Notice: Heritage Charity Auctions, a division of Heritage Auctioneers & Galleries Inc., presents this Charity Auction with various national and regional duly qualified 501(c)3 charities. Heritage may receive a percentage of the hammer price as reimbursement for the direct costs of its production facilities, personnel, and Internet, fax, and phone bidding services to support the auction. Any surplus above Heritage's actual costs will be donated to charities chosen by Heritage employees. The auction is conducted under the above Conditions of Sale. These printed Conditions supercede those posted on Heritage's website www.HA.com. The catalog is available for viewing and bidding on the Heritage website. Heritage disclaims any other liability for any act or omission pertaining to its provided services, or to any failure by a consignor to provide the service or event sold.