Blue Moon

TERMS & CONDITIONS - PROCESSING FEE FOR PAYMENT WITH CREDIT CARDS IS APPLIED. If you have not contacted Hill Auction Gallery to arrange payment within 72 hours, we will charge the credit card you used to register for the auction for the amount of your invoice. ALL INVOICES INCLUDE SALES TAX.

HILL AUCTION GALLERY LLC AUCTION TERMS AND CONDITIONS OF SALE
By registering and bidding, you acknowledge that you have read, understood, and agreed to abide by these Terms & Conditions below.

1. Registration & Bidding

1.1 Registration: All bidders must register with Hill Auction Gallery LLC ("HAG") or through an approved online platform before placing any bids. HAG reserves the right to approve or reject any registration at its sole discretion. 1.2 Bidders must be at least 18 years old and legally able to enter into binding agreements. 1.3 HAG may require first-time bidders or high-value bidders to provide credit references, a deposit, or other financial verification before accepting bids. 1.4 By placing a bid, the bidder agrees to be bound by these Terms & Conditions and acknowledges that all sales are final and made on an "AS-IS" basis without warranty or guarantee of any kind. It is solely the buyer's responsibility to research, preview, and verify the condition of any item before bidding. 1.5 In the event of a tied bid, HAG reserves the sole and absolute right to determine the winning bid at its discretion. This decision shall be final and binding, and bidders waive any claims or disputes arising from such determination. 1.6 HAG reserves the right to withdraw any property before the sale or reject any bid at its discretion, including in cases of suspected fraud, prior non-payment history, or failure to meet financial requirements. 1.7 No bid may be retracted under any circumstances, including financial difficulties. Failure to complete a purchase may result in legal action and a permanent ban. HAG reserves the right to disclose banned bidders to other auction houses or online platforms to prevent further fraudulent activity.

2. Buyer's Premium & Payment

2.1 Buyer's Premium: A Buyer's Premium will be added to each individual lot to the final hammer price as follows: 30% on purchases up to $250,000.00, 28% on purchases up to $3,000,000.00, and 25% on purchases above $3,000,000.00. 2.2 Sales Tax: Applicable state and local sales tax will be charged unless the buyer provides a valid State of Florida Sales Tax Certificate prior to invoicing. The name and details on the sales tax certificate must exactly match the buyer's registered information used for the purchase. No exceptions. 2.3 Accepted Payment Methods: HAG accepts Visa, MasterCard, American Express, Discover, personal checks, cashier's checks, wire transfers, and cash (in-house only). Credit card payments will incur a 3-5% processing fee. All checks and wire transfers must clear before the release of any item. 2.4 Payment Deadlines: Full payment must be received within 5 business days of the auction. Partial payments will not extend the deadline. Failure to remit full payment within 5 business days will result in cancellation of the sale, forfeiture of any deposits, and possible legal action. If payment is initiated but does not clear by the deadline, the sale is subject to cancellation, and the buyer forfeits any rights to the item. Buyers with unpaid invoices will be banned from future auctions. 2.5 Chargebacks & Non-Payment: Any chargebacks, payment reversals, or unauthorized disputes will be considered a material breach of this Agreement. HAG reserves the right to recover all costs, including legal fees and administrative expenses, associated with chargeback disputes. Buyers who initiate chargebacks in violation of this policy may be permanently banned from future auctions. Buyers waive their right to credit card chargebacks and agree that any disputes related to payments must be handled exclusively through direct negotiation with HAG. Any chargebacks initiated in violation of this policy will be treated as fraud, and HAG reserves the right to report such cases to credit agencies and legal authorities.

3. Property Title, Description, Condition & Authenticity

3.1 "AS-IS" SALES: ALL LOTS ARE SOLD AS-IS, WHERE-IS, WITH ALL FAULTS. HAG and the consignor make no warranties regarding authenticity, attribution, provenance, condition, or merchantability. It is recommended that all interested parties examine/preview the property personally or by agent. 3.2 Photographs, Descriptions & Measurements: Images and descriptions are for reference only and do not guarantee accuracy. Variations in color or condition may not be grounds for return. All weights and measurements provided by HAG are approximate and are not guaranteed to be exact. Buyers are responsible for verifying the dimensions and weight of items before bidding. 3.3 Authenticity Claims: If a purchased lot is described as genuine and is suspected to be counterfeit, the buyer must submit a written claim within 14 days of the sale, along with documentation from a recognized expert in the relevant field at the buyer's expense, such as a certified appraiser, foundation, artist, or museum professional. HAG's determination shall be final in cases of conflicting expert opinions, and HAG reserves the right to obtain an independent expert opinion at its discretion. If granted, the refund will be the sum of the original payment, which includes the buyer's premium, local sales tax, and shipping fees if and only if collected by HAG. The purchaser is responsible for returning the item at their own expense. No other refunds or returns are accepted. Approved refunds will be processed within 30 business days of the item's return.

4. Shipping & Storage

4.1 Shipping Responsibility: Buyers are responsible for all shipping costs, including packing, insurance, and handling fees. If an item is being shipped in-house by HAG, a 2% additional charge will be applied to cover third-party insurance (FedEx / USPS) based on the auction sold price. 4.2 Storage Fees: Items must be picked up within 15 days of the auction. A storage fee of $10 per lot per day will apply to uncollected items. Buyers will be notified in writing if storage fees exceed the item's purchase value. If the buyer fails to respond within 15 days, the item may be resold at auction, and proceeds will be applied to outstanding fees, with any remaining balance forfeited. 4.3 Third-Party Shipping Liability Waiver: Once an item has been released to a third-party shipper or logistics provider, HAG assumes no responsibility for its condition, handling, loss, or damage. Buyers acknowledge that all claims related to shipping must be directed to the shipping provider.

5. Online Bidding & Technical Issues

5.1 Liability for Technical Failures: HAG is not liable for any losses, missed bidding opportunities, or delays due to technical failures, software malfunctions, third-party platform issues, or internet disruptions. 5.2 Auction Adjustments: HAG reserves the right to cancel or adjust any sale affected by technical errors, software malfunctions, or external disruptions.

6. Governing Law & Dispute Resolution

6.1 Jurisdiction: These Terms & Conditions shall be governed by the laws of the State of Florida. Any legal action must be filed in a court of competent jurisdiction in Broward County, Florida. 6.2 Mandatory Arbitration: All disputes arising out of or related to these terms shall be resolved through binding arbitration in Broward County, Florida, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English. 6.3 Waivers: By agreeing to these terms, the bidder waives their right to participate in any class action lawsuit or jury trial related to auction transactions. Failure to participate in arbitration may result in default judgment in favor of the compliant party. 6.4 Final & Binding Arbitration: All arbitration rulings shall be final and legally binding, with no appeals permitted. Each party shall bear its own legal fees and costs related to arbitration, unless otherwise determined by the arbitrator in accordance with applicable law.

By registering, bidders acknowledge that they have read, understood, and agreed to abide by these Terms & Conditions. This version is HAG's most current Bidding Terms and Conditions Agreement and supersedes all previous versions.