A. Terms and Conditions of Sale:
IF BIDDING ONLINE, USE THE "MAX BID" FEATURE TO BID FOR YOU, SO YOU DO NOT NEED TO CONTINUOUSLY MONITOR THE SALE.
ONSITE TERMS: NO BUYER?S PREMIUM. A deposit of $200 in cash, certified funds, or bank letter of guarantee w/check. 6% administration fee w/a 3% discount for cash or certified payment an additional 3% discount for onsite bidding. Balance due immediately following auction.
All Goods Sold "AS IS". All Sales Final. Immediate Removal.
The buyer's premium on purchases on www.BidSpotter.com will be 3% of the final bid price in cash or check. PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance.
1. A 3% Buyer's Premium on all internet purchases, if payment is made by cash or check.
PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions ("NO CHARGEBACKS"). This surcharge is not greater than our cost of acceptance. Bank Wire Transfers ($20.00 Bank Service Charge). Our terms supersede credit card terms. No chargebacks. We will release funds within 24 hours auction close.
1a. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Stanley J. Paine Co., Inc. (Paine) below which the lot will not be sold. A representative of Paine will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
1b. IDENTIFICATION: All participants are required to register prior to becoming an Approved Bidder. All Participants are required to give full name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and business name.
Approval to bid is at our discretion.
2. All property is sold "as is" and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $100,000 should make arrangements with the accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate.
4. All merchandise purchased must be paid for and removed from the premises at the conclusion of the auction. Paine may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within thirty-five (35) days of the date of sale. Paine shall have no liability for any damage or loss to property left on its premises for more than two (2) days from the date of sale. If any property has not been removed within two (2) days from the date of sale, at the option of Paine (a) Paine may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed within the three days, and/or (b) Paine may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser.
5. Paine accepts cash, cashier's check or company check with guaranty letter for payment. PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance. Bank Wire Transfers ($20.00 Bank Service Charge). Paine reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Paine a handling charge of $25.00 for any check dishonored by the drawee. Please contact Accounting for additional payment methods.
6. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Paine may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. In no event will the liability of Paine to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
7A. Removal begins after the last item is sold and lasts for one hour (or until 5PM). . RIGGING AND REMOVAL IS THE RESPONSIBILITY OF THE BUYER.
7B. Bidder?s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question.
8. Shipping and rigging is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9. All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Exemption numbers from other states are accepted in Massachusetts if presented with a sales tax exemption certificate. Dealers, museums, and other qualifying parties can apply for a Massachusetts exemption number prior to the auction by contacting the Massachusetts Department of Revenue.
10. The buyer's premium on purchases on www.BidSpotter.com will be 3% of the final bid price in cash or check. PLEASE NOTE: A surcharge of 3% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance. Bank Wire Transfers ($20.00 Bank Service Charge).
11. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
12. Paine and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Paine expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Paine relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Paine and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
13. These conditions of sale shall be governed by the laws of the State of Massachusetts (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Paine in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of Massachusetts or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
14. (a) Paine offers internet services as a convenience to our clients, but Paine will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and Paine does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity (b) Neither the seller nor Paine (nor any of their officers, employees or agents) is responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, Paine nor any of its officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. (c) Neither the seller nor Paine (nor any of their officers, employees or agents) is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority. (d) In addition to the other rights of cancellation contained in this agreement, Paine can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
15. The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Paine, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.
15. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
16. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision will be final and absolute.
17. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
20. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller.