Conditions of Sale
1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Marion Antique Auctions or by any seller represented by Marion Antique Auctions.
2. Due to the complicated logistics of the auctioneer taking bids from bidders physically in the room, absentee bids, and phone bids, along with internet bidders, in some cases two or more bidders may claim the same bid. Should this occur, the auctioneer reserves the right to generally acknowledge room bidders first, and then absentees, phones, and internet bidders. For this reason, some internet bidders who may have submitted a bid prior to the sale may be superseded by another bid. This is beyond Marion Antique Auctions' control, as we have no way of knowing when your bid was placed, or for how much. We apologize for any confusion that this may cause.
3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying sold. If we are missing your bid, please get our attention before we say "sold". We reserve the right to reject any bids deemed inappropriate. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion.
4. Payment must be via ACH transfer for invoices over $1,000.00 unless prior arrangements have been made. Other invoices may be paid by cash, approved check, MasterCard, Visa, Discover, American Express or wire transfer within 15 days. If items are not paid for with 15 days, the sale may be cancelled. We reserve the right to require certified bank checks for large purchases. Marion Antique Auctions reserves the right to withhold merchandise paid for by check until the check clears our bank. We do not accept checks or credit cards from other countries. Payment must be made by wire transfers. Bidder credit cards may be charged 4 days after an invoice has been sent unless prior payment or arrangement has been made.
5. We do not offer credit. Payment for all purchases is expected at time of purchase.
6. We are pleased to offer absentee bidding for prospective bidders who cannot be present at the auction. Absentee bids left with us are executed competitively and confidentially. In the case of identical bids left with us, the bid received first will prevail. Absentee bids or bids left online are not executed until the item goes up in the live auction and the order in which they are received is not a factor.
7. Marion Antique Auctions handles neither packing nor shipping. The purchaser agrees that the packing and shipping is done at the purchaser's risk and that they (the purchaser) will pay in advance for all packing expenses, materials, carrier fees, and insurance charges. We are happy to provide names of carriers and shippers, should a purchaser request. We will also bring items to an agreed upon shipper. However, Marion Antique Auctions will have no liability for any loss or damage to shipped items. Please be advised that shipping could take 30 days or more.
8. Sales Tax: All purchases are subject to Massachusetts sales tax (6.25%) unless the purchaser possesses a Massachusetts sales tax exemption or resale number and registers that number with us, OR is an out-of-state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H (5) and Directive 89-10 and registers with us prior to each purchase, OR has purchases shipped out of state directly from us by a bona fide shipping agent.
Also, due to the 2018 U.S. Supreme Court ruling in South Dakota v. Wayfair, residents of other states may be required to pay their state sales tax on purchases as we meet each state's nexus requirements. Dealers, museums, etc., can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation. Please click the link
9. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Marion Antique Auctions may seek all remedies under the law including canceling the sale and re-offering the property without reserve.
10. A Buyer's Premium will be added to the Hammer Price of each lot: the Buyer's Premium for non-internet bidders is 23%. For online bidding a buyer's premium of 28% will be added to the Hammer Price. MasterCard, VISA, Discover and American Express accepted. Bidders holding a valid Massachusetts or out-of-state resale number, must provide their certificate or a copy thereof when registering or they will be required to pay Sales Tax on purchases.
11. Marion Antique Auctions reserves the right to charge a storage fee of $5.00 per day, per item for purchased items not picked up from our auction facility within ten business days of the auction and $10 per day after thirty days. Items not claimed after a period of 1 (ONE) year will be rendered forfeit, please make arrangements.
12. All electronic and mechanical devices are sold "as is" with no guarantee that they are in working condition.
13. Bidders outside of the U.S. must inquire about shipping before they register.
14. Bidders from outside the U.S. must provide a valid credit card to register.
15. All dimensions and weights given are considered approximate.
16. Purchases must be paid within 15 days or they become subject to cancellation. Disputes with applicable bidding service will be filed in the event of nonpayment.
17. Gold, coins and jewelry- shipping is subject to a 2 (two) week waiting period for credit card or check payments received from bidders without substantial bidding history. Gold, coins and jewelry will be shipped only to the address matching the credit card used for payment. Feel free to bid even if you do not have an established bidding history, just be aware that shipping will require payment verification.
18. Per Federal regulations, items made with whalebone, ivory or other protected species will not be shipped internationally. Items made of these materials may only be shipped to Massachusetts residents unless they are over 100 years old. Shipping restrictions may apply and change according to federal and state laws.
ACH
Payment must be via ACH transfer for invoices over $1,000.00 unless prior arrangements have been made.
Shipping Terms
Marion Antique Auctions handles neither packing nor shipping. The purchaser agrees that the packing and shipping is done at the purchaser's risk and that they (the purchaser) will pay in advance for all packing expenses, materials, carrier fees, and insurance charges. We are happy to provide names of carriers and shippers, should a purchaser request. We will also bring items to an agreed upon shipper. However, Marion Antique Auctions will have no liability for any loss or damage to shipped items. Please be advised that shipping could take 30 days or more.
Per federal and international regulations, items made with whale bone, ivory and other protected species will not be shipped internationally without a cites and other necessary permits. Obtaining these permits is the exclusive obligation of the buyer. Items made with these materials, which are less than 100 years old, may only be purchased by a Massachusetts resident and cannot be shipped out of state.
Sales Tax
Sales Tax: All purchases are subject to Massachusetts sales tax (6.25%) unless the purchaser possesses a Massachusetts sales tax exemption or resale number and registers that number with us, OR is an out-of-state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H (5) and Directive 89-10 and registers with us prior to each purchase, OR has purchases shipped out of state directly from us by a bona fide shipping agent.
Also, due to the 2018 U.S. Supreme Court ruling in South Dakota v. Wayfair, residents of other states may be required to pay their state sales tax on purchases as we meet each state?s nexus requirements. Dealers, museums, etc., can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation. Please go to https://www.mass.gov/how-to/register-your-business-with-masstaxconnect
