Conditions of Sale
All items are sold as is without warranty or guarantee of any kind. The auction house is not responsible for the condition for any items sold. All sales are final with no returns. Please ask any questions prior to bidding. Internet and all remote buyers will pay a Buyer's Premium of 14%. Massachusetts residents will pay 7.25 % MA sales tax. All shipping and handling charges are the sole responsibility of the buyer.
Invoicing: Internet bid winners will receive one invoice which includes the winning bid price, shipping and handling and insurance where applicable. Items valued over $200.00 will require insurance and signature for proof of delivery. We handle the shipping ourselves and do not use third party shippers. We always combine shipping to give you the lowest possible shipping costs. Bid winners authorize the charges to be place on their credit card on file.
Internet Bidders: Bidders are able to bid via the Internet through AuctionZip.com and Invaluable.com. The auction house is not responsible for Internet, software and/or system failures in attempts to execute bidding. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until your bid is either successful or exhausted. Internet bidders are subject to an 8% Buyer's Premium. This is not an absolute auction so some of the lots may have reserves. If not met, we have the right to pass the lots.
Item Representations: The auction house will identify items by common language but does not make any representations regarding the item value, estimated value, market value or any representation regarding condition, antiquity or age status. Buyer must make all of his/her personal item evaluations and ask questions prior to bidding if unclear.
Legal Possession: Bidder's agree to inquire and conform to any legal requirements regarding buying, receiving, owning or storing an item before bidding on an item. By bidding the bidder professes that he/she has a legal right to buy and receive an item. Again, please ask questions before you bid at least 2 hours before the live auction begins. If we are unavailable please leave a message and we will answer your call or email as soon as possible. Questions will not be answered during the auction.
TERMS & CONDITIONS:
By submitting your bid, you agree that:
You have read and agree with the auction house Terms and Conditions below and the AuctionZip and Invaluable terms of use agreement. You agree to pay a buyer's premium of up to 8% and any applicable taxes, shipping & handling and insurance fees.
Auction absentee Bidding: Absentee bidding is used by those who cannot attend the auction in person or online during the auction. Absentee bids may be submitted via email, Internet bidding websites, mail or phone. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and an auction floor bidder, the auction floor bidder will win the item at their amount bid. Although best effort is made, the auction house cannot guarantee the execution of absentee bids.
Auction bids: All items are sold to the highest bidder. The auction house may reject nominal bids, small opening bids or very nominal increment advances made with the purpose of disparaging an item. The auction house has the right to decline, reject, and or refuse any bid from any venue. The auction house reserves the right to execute absentee bids on behalf of clients and vendors but shall not be liable for errors or omissions in executing instructions to bid.
Auction bidder's contract: It is expensive to set up, prepare, lot, photograph, list and run an auction. We have auction expenses, labor expenses and on line charges to run an auction. If you do not fully intent to honor a bid and make funds available within 48 hours at the close of auction, please do not bid. This is your contractual agreement. We are permitting your participation in this auction based upon your guarantee that you will honor and pay for your winning bids. Bidders who fail to pay for bid winnings eliminate our opportunity to have sold the item in an auction to a willing buyer. Non paying bidders will be place on our no bid list and issued negative feedback.
AUCTION APPROVED BIDDERS: Auction house reserves the right to rescind, reject or terminate any participants without explanation.
AUCTION CONTRACT: By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale in the venue of in the State of Massachusetts.
AUCTION REGISTRATION: Bidders agree to ensure all registration and billing information is accurate and up to date at the time of registration. All bidders are required to complete registration which includes; full name, address, phone, email, signature (hard copy or electronic) and valid and current driver's license number. Those not willing to disclose this information risk not participating in the auction. Auction House will not be held responsible for any delays or losses due to inaccurate or false information provided at the time of registration. Bidders who register and provide inaccurate or incomplete information which involves a credit card on file which cannot be charged for bid winnings after an auction, may lose all rights to purchase the item(s) at the sole discretion of the auction house.
AUCTION EMPLOYEES: Employees and associates of the auction house are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
AUCTIONEER RIGHTS: The auction house shall have the right to sell or pass any item at auction without explanation of cause.
BID ACKNOWLEDGEMENT: The auctioneer shall have the right to acknowledge bids, and recognize bidders in the order as he observes them.
BID CARD: Only the raising of a bid card is accepted as a bid by live auction participants. If you do not raise your bid card and you are missed the bid will go to the bidder who followed instructions on bidding.
BID CARD RESPONSIBILITY: Bid winners are responsible for all winning bids made by the registered bid card number. Bid winners may NOT transfer any portion of their bid winnings to any other bidder, regardless of the other bidder's consent.
BID CARD PAYMENTS: All bids must be paid for in full, prior to removing any item from the auction business property or place of auction. Only one method of payment may be used to pay for auction bid wins. No splitting of payments is permitted.
BIDDER CHARGE BACKS: Bidders agree to pay all costs related to any "charge back" by banks and/or credit card companies, including fees, processing charges, collection cost, attorney and court costs. Any bidder who provides a credit card for charging auction winning bids, and later charges back the charge shall pay the auctioneer a $35.00 charge back administrative and processing fee in addition to the initial amount of the charge, regardless of by check or credit card, regardless of venue. Any person who refuses to pay such charges shall result in a suit for recovery of charges, fees and processing, brought in the State of Massachusetts.
BIDDER DEFAULTS: All bid winnings must be paid for by close of auction date event, or process-able for payment, on or after close of auction day, by means of the credit card placed on file for that purpose with auctionzip.com or invaluable.com during registering. Having and maintaining a valid credit card assigned during registration is a specific requirement and term of accepting a registration from all Internet bidders. In event a bidder fails to submit or enable payment for a winning bid on or after the date of auction, the bidder shall be in default or the bid terms and agreement. No portion of monies paid for an item shall be refunded in event of bidder default. All bidders agree that funds shall be available on the date of auction, regardless of method or venue by which payment is to be made. Failure to have funds available on a registered credit card the date of auction shall be deemed default. A credit card charge which is declined shall constitute default. The bidder loses all rights to purchase an item in event of default.
BID DISPUTES: Once the items is declared sold either by the auction house saying sold or by calling the bid number. Massachusetts state law requires selling the item to the party on which auction house claimed the item sold to.
BIDDER PAYMENT: Our consignors are expecting payment in a timely manner. It is imperative that you have funds available on your credit card the day of auction. Bidder's may lose all rights to purchase any item on which payment does not clear on 1st attempt, regardless of venue or means of attempted payment processing.
BIDDER RISK ACCEPTANCE: Bidder's agree to accept all risk related to purchasing any item at auction and agree to obtain inspections and necessary training in regards to the item ownership or use, exclusive at the bidder's cost. Bidders accept risk of loss or damage to any item which is won at auction, and in such cases the amount due for the item with all applicable charges shall not be diminished based upon item age or condition, and such charges shall remain fully in force. Bidders accept risk of loss or damage to any item left on auction house property, and/or stored by the auction house pending shipment to the winning bidder. The auction business will take all reasonable precautions to protect items held in storage pending shipments but provides no insurance coverage for that purpose and bidder's agree the auction business stores items completely "at risk" to the bidders and/or winning buyer.
BUYERS PREMIUM: A buyer's premium of 10% for Remote buyers. Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax. All bidders, regardless of venue by which they bid, are required to pay by close of day on the auction day event, regardless of the actual day the auction business processes credit card charges, and agree to authorize one charge for the item cost, and another charge for shipping charges. If payment is not received and or process-able with funds available on or after close of the auction event day, the auction house has the right to deem the sale "null & void" and a non-paying bidder feedback will be left. We reserve the right to verify funds on personal checks.
CONDITIONS OF SALE: Bidders agree to accept all bid winnings "AS IS", "WHERE IS", without returns, warranty, exchange, refunds and credit.
CORRESPONDENCE: Participant correspondence is time consuming and costly in staff time requirements. All participants agree to direct phone calls to 978-761-9034 and email to : [email protected] in corresponding with the auction house. All participants agree to respond to email messages sent via auctionzip.com or invaluable.com from the auction house within two days of being sent to the participant
Sales tax: Massachusetts residents are required to pay applicable MA state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file.
ILLEGAL ITEMS: Any item received for auction which is later determined to be illegally possessed, stolen or with any other claims, will be surrendered to the appropriate law enforcement agency, with all auction fees remaining fully due and in force, and such surrendered shall not void or reduce fees due the auction house from the consignor.
INTEREST: Any interest earned on any funds deposited into account(s) of the auction house shall be earned income, distributed exclusively to the auction house.
INTERNET BIDDING: On line internet bidders agree to accept risk of system failures, down time, inability to place a bid due to electronic conditions or failures, software failures or mishaps, as a condition of internet bidding participation. In event of an Internet, software or operating inability to run the internet auction, the entire auction will stop until the internet portion is back on line. If the internet portion of the auction cannot be restored after thirty minutes of outage, the auction house may at his option, and without imposition of any penalty, suspend or re-schedule the auction for another day. All participant's agree to hold harmless, the auction house in event such an instance takes place, and is a specific condition of participating in the auction. The auction house may at his pleasure, accept and process any absentee bids which are recorded.
Shipping: Shipping charges are added to the winning invoice after the auction ends. Once bid winnings have been paid, we wrap, pack, box and transport items directly to the The US Post Office, UPS office or FEDEX office where actual shipping is determined at that time. If items do not fit into US Postal Service boxes and we have to purchase a special box to ship the item(s) a $25.00 per oversize box charge applies. Long items such as swords and rifles will always require an oversize long shipping box. Sometimes we can sufficiently wrap swords or rifles in bubble wrap and pack more than one sword or rifle in the same box to reduce costs.
We reserve the right to make two charges to your credit card. One for the item and a separate charge for the shipping, for which the bidder agrees.
Non shippable items, and items for which we cannot obtain a box, are totally the responsibility of the winning bidder. This means you as the winning bidder must make all arrangements to have the item picked up by the shipper, packed and boxed, and subsequently shipped. Our responsibility ends once your designated carrier/shipper picks the item up from the auction house and signs for it. All correspondence from that point forward would be between you and your carrier/shipper. We will store an oversize item for five (5) days from the close of auction date at no storage charge. On the sixth (6) day after close of auction, a five ($5.00) dollars per large item storage fee shall apply to large items, and a one ($1.00) dollar per day storage charge shall apply to smalls. No item shall be stored past thirty (30) days unless you contact the auction house 937-547-3202 and pay accumulated storage charges. Any bidder who fails to provide timely payment of accumulated storage charges after each thirty (30) days in storage shall be subject to having the item re-auctioned off to pay for accumulated storage charges, auctioned regardless of price, for which any monies receives shall be retained totally by the auction house as earned income, sire to participate in the auction as either/or a seller or buyer, I agree to the totality of terms as specified herein, and affirm that no verbal statements whatsoever, shall apply to thto satisfy administrative, processing and storage expenses.
TELEPHONE and ABSENTEE BIDDERS: All telephone bids must be submitted no less than 24 hours prior to auction. Absentee bids may be submitted via email, our website, mail or e mail. Although best effort is made, Auctioneer cannot guarantee the execution of ABSENTEE and telephone bids.
TERMS OF SALES: All goods are sold "AS IS" NO WARRANTY:
All items are offered at auction as "NO WARRANTY", sold "AS IS" - "WHERE IS", no exceptions whatsoever. There is no warranty of fitness, merchant-ability of suitability for any purpose.
By bidding or consigning items, you affirm that you are entering into a legal contract agreement with the auction house and that you accept all the terms and conditions of this contract without exceptions
Shipping Terms
All items will be shipped within 48 hours of receiving payment for your purchases.
Invoicing: Internet bid winners may receive one invoice for bid winning and a separate invoice for shipping and handling charges. We reserve the right to make two charges to your credit card: one charge for the items purchased, and a separate charge for the applicable shipping. In most cases we will only send one invoice that includes Shipping & Handling fees. We package the items prior to invoicing so we can more accurately charge for Shipping & Handling. Live auction attendee bid winners shall receive one invoice.
LEGAL POSSESSION: Bidders agree to inquire and conform to any legal requirements regarding buying, receiving, owning or storing an item before bidding on an item. By bidding, the bidder professes he/she has a legal right to buy and receive an item.
In some countries it is illegal to ship certain items such as coins, jewelry, and gold & silver. It is the buyer's responsibility to know whether or not it is legal for us to ship. Illegal items will not be shipped.
SHIPPING: All shipping and handling charges are the sole responsibility of the buyer. Packages less than 70lbs. are processed by our professional shipping & packaging team. We do not contract out shipping to a third party. Items that weigh less than 70 lbs. are shipped Parcel Select, PRIORITY mail or Media Mail. We may ship UPS If we find it cheaper to ship. Additionally, packages that contain any hazardous materials--liquids, firearms, ammunition--are required to go through UPS. If more than one item is purchased we will combine shipping. Shipping Charges are billed to your credit card, in some cases separately from your winning bid invoice. We normally wrap, pack, box, measure & weigh all items and print labels for shipping. We will then send an invoice for your purchases with the shipping and handling fees included in the total. PLEASE NOTE: You may receive an e-mail with USPS tracking information, but this does not mean that your items have been shipped. This is simply a notification e-mail indicating that a label has been created and USPS can expect a package to be shipped.
All items will be shipped with insurance. To file a claim for damaged items you must send photos of the damaged items and photos of the box the items were shipped in. Without these photos I cannot and will not give refunds. Cost of shipping is not refundable. If you do not want insurance you must call and request no insurance! Uninsured items are shipped at your own risk. No refunds! No credit will be issued for non-insured items!
We try to keep the shipping and handling fees to a minimum. We will combine items as much as possible. We cannot control the cost of shipping.
Please keep in mind shipping is expensive! Costs are affected by the size and weight of items as well as buyers' geographic location. The heavier & larger the package is, or the further away a buyer lives, the more expensive the shipping will be.
SMALL PACKAGES: In most cases we only charge an extra $2 or $3 dollars to help cover the cost of the time and material for the smaller packages. We do not charge for boxes we get for free. We reuse as much packaging material as we can in order to avoid charging for the material. If you want all new packaging material, we must charge accordingly and you must request New Packaging material. We must charge for boxes, and packaging materials that we purchase.
LARGE PACKAGES: For the larger individual items and purchases of large lots of multiple items, we will combine items in the same box. We will ship around 50 lbs. per box. In most cases we have large free boxes. Sometimes we do not, although our boxes are priced reasonably.
Prices: (1) Large Box 18x18x24 = $4.00 - (1) Med. Box 16x18x18 = $3.00 - (1) Small Box 12x12x16 = $2.00
We must charge for new bubble wrap and peanuts when necessary. Please keep this in mind. Packaging multiple, small items is time consuming. Time is money. We wrap, pack, double box and do the best we can to insure your items arrive safe. This takes time. Time is $10.00 per man per hour.
Any Item weighing over 70 pounds is the sole responsibility of the buyer to arrange for shipping.
Non-shippable items, and items for which we cannot obtain a box, or items weighing over 70lbs. are totally the responsibility of the winning bidder. This means you as the winning bidder must make all arrangements to have the item picked up by the shipper, packed and boxed, and subsequently shipped. Our responsibility ends once your designated carrier/shipper picks the item up from the auction house and signs for it. All correspondence from that point forward would be between you and your carrier/shipper.
Delivery of large items over 70 lbs. is available by my company with in The United States at $2.00 per loaded Mile, based on GPS Directions.
STORAGE: We will store oversize items for ten (10) days from the close of auction date at no charge. On the eleventh (11) day after close of auction, a five ($5.00) dollar per day storage fee shall apply. No item shall be stored past thirty (30) days unless you contact the Auction Gallery @ 978-761-9034 and pay accumulated storage fees. Any bidder who fails to provide timely payment of accumulated storage fees after thirty (30) days shall be subject to having the item re-sold at auction to pay for accumulated storage fees. All items will be sold at auction without reserve and sold regardless of price, for which any monies received shall be retained wholly by the Auction Gallery as payment, to satisfy administrative, processing and storage expenses.
Shipping, handling and insurance for all absentee bid/phone items are the responsibility of the winning bidder. Items are packaged and shipped via Fed-Ex with a signature required. Shipment will occur 7-10 days after funds have been received and cleared. Shipping estimates may be provided upon request before the auction. Any changes to shipping address or special requests should accompany payment in writing.
All lots shipped via USPS, UPS or FEDEX. There will be no local pick ups.
Contract
By placing a bid you are entering a legal and binding contract. Upon placing a bid, you are promising to pay for your purchases in a timely manner according to terms of this agreement. Non-paying bidders will be added to the No Bid list. A non-payment fee will be added to your bill for Legal & Processing fees. We will turn it over to our collection agency and will prosecute to the full extent of the law. Please do not bid if you do not intend to pay.
Payment
All items must be paid in full within 48 hours of receiving an invoice from us. PayPal payments are accepted by sending payment to [email protected]. Buyers can pay with PayPal. We do not take credit card numbers over the phone. The auction house reserves the right to accept only money orders, bank checks or personal checks for orders over $300.00. We do not take credit cards over the phone.
We do accept personal checks, money orders and bank certified checks. Please allow 4-6 days to process and clear.
All items that are not paid by the due date become property of the auction house and may be resold at the auction house's' discretion.
Negative feedback and Unpaid Items Strikes will be issues 7 days after sending out invoices. Please contact us immediately if there are extenuating circumstances.
Buyer's Premium
All of our auctions have LOW BUYER'S PREMIUMS added to the hammer price. 14% Buyer's Premium will be added hammer price.
The auction house acts as agent only. Under the terms of this contract. we shall not be liable for any default of the purchaser, bidder, consignor, seller or vendor
Condition
The auction house is not responsible for the condition of the items sold. Please use your own judgment to condition or grade of any item. Again, please ask questions before you bid. We can only accept returns under extenuating circumstances.
State Taxes
Please note that due to recent changes in various state sales tax laws, we may be required to charge and remit sales tax on items shipped to many additional states outside of Massachusetts. Please call us before bidding if you have any questions.
