Conditions Of Sale
The property in today’s sale will be offered by Auctioneer as agent for Consignor according to the following terms and conditions:
- All property is sold “as is-where is” and ALL SALES ARE FINAL. Property is open to thorough inspection and it is the bidder’s responsibility to determine condition, etc.
- Though all description and commentary are believed to be correct, neither Auctioneer or Consignor makes any warranties or representations of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.
- A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agreed to be bound by them.
- The buyer shall be the highest bidder. Should a tie or dispute arise between two bidders, the auctioneer may at his discretion reopen the bidding between the high bidders until the property is sold.
- To maintain the continuity of the sale it shall be the duty of the auctioneer to advance the bidding at his own discretion and may reject a nominal or fractional advance should it in his estimation prove injurious to the sale.
- In the case of lots upon which there may be a reserve price the auctioneer shall have the right to bid on behalf of the Consignor or Consignor may wish to bid personally or by Agent. However, in all cases full commissions are due and payable to auctioneer without distinction or preference shown to such Consignor or Agent should he become the successful bidder.
- Auctioneers note: The vast majority of items offered for sale are sold regardless of price and without minimum bid. On occasion in order to offer the widest selection of merchandise possible which would otherwise be unavailable for sale we may sell selected pieces subject to a fair reserve price established by the owner and communicated prior to commencing bidding.
- A Buyer’s Premium of 18% shall be added to all successful bids and shall become part of the purchase price subject to applicable sales tax.
- Prior to removal of purchases payment must be made in cash or by other means as announced by the auctioneer before the sale. Unless exempted by law, the purchaser shall pay any and all applicable sales taxes.
- Upon the fall of the auctioneer’s hammer and/or when the auctioneer says sold, title on the property shall pass to the highest bidder who thereupon assumes full risk and responsibility. All property shall be removed from the premises by the purchaser at his own risk and expense within the time period announced by the auctioneer and if not so removed may be sent by auctioneer to a storage facility for the account, risk, and expense of the purchaser.
- Auctioneer shall as a courtesy undertake to make execution bids for responsible parties in their absence yet reserves the right to decline to do so and in no case shall be responsible for failure to do so. Please arrange payment prior to leaving an absentee bid. Removal of merchandise shall be in accordance with other conditions listed herein.
- Auctioneer reserves the right to withdraw any item before or during the sale.
- Neither auctioneer or consignor shall be liable for any personal injury on the premises where sale shall be held.
- Auctioneer may facilitate the employment of carriers and packers as a convenience to the purchasers but assumes no responsibility for their actions.
- If the foregoing conditions or any other conditions herein are not complied with, in addition top other remedies available to auctioneer and the consignor by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option, may either a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or b) resell the property publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs including storage, the expense of both sales, auctioneer’s commission at its usual rate, and all other charges due hereunder and incidental damages.
- It is our policy to protect the identity of any and all bidders and consignors at our sales, whether the bidder or consignor is present or has left an execution bid with the auctioneer.