This is a public auction sale ("Auction Sale") conducted by Augusta Auction Company (sometimes referred to as "Auction House"). Bidding in this Auction Sale constitutes acceptance by you ("Bidder") of all the Terms and Conditions of the Auction Sale stated herein. The offering and sale of Consignor property by Augusta Auction Co. is subject to the following conditions of sale, as modified or supplemented by other written provisions or in announcements made by the Auction House, prior to or at the time of the sale. Bidders shall have no recourse against the Consignor for any reason whatsoever.
AGENT FOR SALE OF PROPERTY: Unless otherwise stated, Augusta Auction Co. is acting as an agent for the consignor of all property offered for sale at auction in this catalogue.
PRICE ESTIMATES: As a convenience to our customers, we furnish low and high pre-sale estimates for all catalogued lots in the sale. These estimates reflect our characterization of the lot and the condition as described. The estimates are merely guides for Bidders and an opinion by Augusta Auction Co. of the wholesale trade price the lot may bring at auction. Estimates should not be relied upon to predict the actual retail price the lot will command at sale. The final hammer price may be significantly higher or may occasionally sell below the catalogue estimates. Augusta Auction Co. will not be liable if the actual selling price is different from the estimate range. Estimates do not include the buyer's premium, any applicable taxes or other charges.
INSPECTION: All lots are available for inspection via Facetime during the month of May, right up to auction date. Please call our studio at 802-463-3333 or contact Julia Ricklis at 802-451-6555 to arrange for your private viewing time.
Buyers assume responsibility to inspect the Property and make their own decisions as to the nature, quality and value of the property. It is the Bidder's sole responsibility to be fully satisfied with the characteristics and condition of the property, including matters relating to age, authenticity, restoration, repair or alteration prior to executing any bid.
The Auction House is not responsible for any errors or omissions, or failure by customer to purchase any lot as a result of online Internet bidding. All winning bids must be confirmed directly by Augusta Auction Co. in order to be valid. Notifications received through the Invaluable system are not final or binding until confirmed by Augusta Auction Co. The Auction House will make every effort to ensure that online Bidders are treated equitably. However, due to the unique features of online bidding, there is no guarantee that the item will not sell to another Bidder for less than your last intended bid due to internet traffic, or other delays outside of our control. The Auction House accepts no liability for failure of the Internet, FAX, phone or failure by any email to reach its destination within the expected time or at all.
The Auction House has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.
All Bidders not in attendance must have a valid credit card on file with Invaluable with sufficient funds available to process all successful bids, including buyer's premiums and shipping/handling fees. We are authorized to charge your credit card on file 4 (four) days after you are invoiced unless you have previously contacted us with an alternative method of payment.
WITHDRAWAL: We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
RESCISSION OF SALE: Bidders, either personally or through an agent, who bid by Internet, receive a benefit similar to floor Bidders in being able to preview and inspect lots prior to the sale. Sales of all lots are final and no lot may be returned. No bidder who has been provided the opportunity to view the lot(s), by themselves or by agent, may unilaterally rescind the sale for any cause.
PER LOT: Unless otherwise announced by the Auction House, all bids are per lot as numbered in the catalog. Bids are for the entire lot and each lot constitutes a separate sale. No lot will be broken up unless otherwise permitted by the Auction House. Lots will be sold in their numbered sequence unless Auction House directs otherwise.
GOVERNING LAW AND JURISDICTION: These Conditions of Sale and Terms of Guaranty, as well as the purchaser's and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Vermont. By bidding at the auction by Internet bid, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of Vermont. If any section of these Terms and Conditions of Auction Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
LIMITATION OF LIABILITY If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the purchaser, our liability shall be limited to the Hammer Price of a lot provided that the transaction has completed. If there has been no completion, Augusta Auction Co. accepts no liability to the buyer.
CONTRACT TO PURCHASE
The Conditions of Sale and Terms listed within constitute the entire agreement between Augusta Auction Co & Consignor and the purchaser relative to the property listed in this catalogue. By participating in this sale, Bidders acknowledge that they are bound by these terms and conditions. The Conditions and all other contents of this catalogue are subject to written amendment by us or by oral or electronic announcements made during the sale.
If any of the conditions of sale are not complied with by purchaser, the Auction House and Consignor acquire the right to hold the purchaser liable for the total purchase price in accordance with applicable law.
The Auction House, at its discretion, may (a) cancel the sale, retaining as liquidated damages all payments made by purchaser; or (b) resell the property at public auction, without reserve, and the purchaser will be liable for any deficiency, costs, handling charges, and expenses/commissions of both sales, and any incidental or consequential damages suffered by Auction House or Consignor. In addition, a defaulting purchaser will be deemed to have granted to Auction House and Consignor a security interest in and a collateral security for such purchaser's obligation, a right to any property in Auction House's possession owned by such purchaser regardless of when Auction House acquires such possession. Auction House shall have all of the rights afforded by a secured party under the Vermont Uniform Commercial Code with respect to such property and Auction House may apply against such obligation all monies held or received by Auction House for the account of, or due from Auction House to such purchaser.
Any lots not paid in full within 21 days of sale shall be subject to a 1 1/2 % per month interest charge which will be added to all unpaid invoices. At the discretion of the Auction House these unpaid lots may be sold to another party.
PAYMENT
Unless prior arrangements have been made with the auction house, we are authorized to charge your credit card on file for the invoiced amount 4 (four) days after you are sent your invoice. Any invoice exceeding $2,500 will be paid by wire transfer or check. If you wish to pay invoice by credit card, a 2.5% processing charge will be added.
Any lots not paid in full within 21 days of sale shall be subject to a 1.5 % per month interest charge which will be added to all unpaid invoices. At the discretion of the Auction House these lots may be sold to another bidder after the 21 day period has passed.
No article can be removed from the premises or shipped before full settlement is made. Payment will not be deemed to have been made in full until Auction House has collected all funds.
Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor's assigns, as the case may be, until the lot is paid for in full by Bidder. The foregoing notwithstanding, Auction House shall not be obligated to store or remove purchaser's property. Auction House reserves the right to impose a late charge of 1 ½% per month (18% APR) on any sums still due from purchaser after 21 days pursuant to this agreement.
SHIPPING & INSURANCE
Buyer pays actual Shipping & Insurance Costs + $15 per lot ($25 for international shipments) for packaging and handling expenses.
Your lots will be packed and processed for shipment in the order of payment. You will receive a 2nd invoice with the actual shipping and insurance charges. These will appear on a separate invoice after your items have been packaged.
BUYERS PREMIUM
A buyer's premium of 25% will be added to the hammer price of all lots.
SALES TAX/ VAT
All purchases are shipped from our Vermont location and may be subject to an applicable use tax of the recipients' state or foreign country. All purchases are subject to Vermont state sales tax unless the purchaser possesses a valid sales tax exemption number, or the item(s) is being shipped outside of Vermont. On any tax not paid by Bidder which should have been paid, even if not collected by Augusta Auction Co., Bidder agrees to promptly pay the same on demand together with any interest or penalty that may be assessed. Exemption numbers from participating states are per state tax codes. Tax exemption certificates must be registered at the time a Bidder number is issued. Signed documentation may be required to qualify for tax exemptions.
LOT DESCRIPTION/CONDITION
All photographs in the web catalog are of the actual lots being sold. As a service to prospective purchasers, certain lots reference physical condition. The Auction House has attempted to fully describe the lots in this catalog but makes no representation of warranty with respect to the correctness or completeness of the catalog. Failure to note damages, repairs, restorations or other defects does not preclude their presence. We urge prospective purchasers to inquire about any lots prior to bidding.
Lot condition is stated within an items description.
The condition key is as follows:
• Pristine: Near perfect. No evidence of wear. No visible flaws.
• Excellent: Gentle wear or minor damage, easily repairable.
• Good: Garment is sound. Visible repair or in need of repairs.
• Fair: Significant evidence of wear or damage.
• Poor: No longer intact. Useable for salvage or recycling of parts.
Requests for additional information regarding any lot should be made at least (3) three days prior to the sale by sending an email to elizabeth@augusta-auction.com stating the lot number(s) and the specific questions regarding each lot. Neither Augusta Auction Co. nor the consignor shall be liable for damages with respect to incorrect or incomplete information.
