1. All property is sold "as is," and
all sales are final. Property is open to thorough public inspection, and
it is the bidder's responsibility to determine condition, etc.
2. Though all description and commentary
are believed to be correct, neither Auctioneer nor 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.
3. A bid by any person shall be conclusive
proof that the person has himself acquainted with these conditions of
sale and has agreed to be bound by them.
4. 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 property
is sold.
5. 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.
6. 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 taxes.
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7. 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.
8. Auctioneer reserves
the right to withdraw any item before or during the sale.
9. Neither Auctioneer
nor Consignor shall be liable for any personal injury on the premises
where sale shall be held.
10. If the foregoing
conditions or any other applicable conditions herein are not complied
with, in addition to 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 deficiency
plus all costs, including storage, the expenses of both sales, Auctioneer
commission at its regular rate and all other charges due hereunder, and
incidental damages. Thank you for your attendanace and patronage. We hope
you enjoy our sales and are able to make many advantageous purchases.
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