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CONDITIONS
OF SALE - PLEASE READ
Please
read the conditions before participating in the sale.
1.
GUARANTEE -
We always attempt make a consistent effort when we catalog to correctly
describe the property to be sold. The catalog descriptions carry a
limited guarantee. It is a guarantee to protect you against major
discrepancies that would have a major effect upon the value of the
item. Under no circumstances do we guarantee against anything less than
a major discrepancy that would have less than a major effect upon
value. This limited guarantee covers authenticity. It also covers
against any major restoration or repair not described. We also
guarantee against fakes, reproductions or major fabrications. As
outlined above, our guarantee is limited, however, it is uncommon in
the auction business which operates on the principle of "Caveat
Emptor". Our intention is to be as fair as possible in our catalog
descriptions but understand that most of these items have been used and
may show signs of wear. If you are a very particular collector it is
advisable for you not to bid on these items here or at any auction
house without seeing the item in person as your definition of condition
may be far more particular that what any cataloger would have time or
space to specify. The purpose of our catalog description is to give our
customers a general description of what the lot is and we will
guarantee that description against a major discrepancy only. If the
discrepancy is less than a major discrepancy, under no circumstances
would any adjustment or refund be made. For Coins: We do not represent
that a numismatic item has or has not been cleaned; that any toning is
natural or artificial; that any coin catalogued will meet the
standards, or the grade, of any third party or third party grading
service other than that of those coins already certified and
represented as such; that a numismatic item has a particular provenance
or pedigree; that a numismatic item is struck or not struck, or
produced or not produced in a particular manner or style. Should the need arise,
the auctioneer reserves the right to make verbal corrections and
provide additional information from the block at the time of the sale.
Absentee bids will not be executed on items that are found to be other
than described in the catalog unless we were able to contact you prior
to the lot being sold and advise of this discrepancy. If we are unable
to reach you or if time does not permit, we will not execute your bid.
Please note that the only thing we guarantee is what is in print in the
online catalog and what is announced from the block at the time of
sale. Absolutely nothing discussed over the telephone or in person
prior to the auction shall be construed as part of the guarantee. Since
opinions can differ, particularly in the matter of condition, the
auctioneer will be the sole judge in the matter of refunds.
A.
TIME LIMIT: For bidders it is expected that you have
examined the items before you purchased them and that as you pick them
up, you will re-examine them one last time. If there is a problem
regarding condition, it is expected that you would notify us
immediately before leaving the auction facility. If you are an absentee
bidder then it is your responsibility to examine the lot immediately
upon receipt. If a major discrepancy should be discovered, it is your
responsibility to contact us immediately. Please Note: All guarantees
and options for refunds or adjustment become null and void 44 days
after the auction. We pay consignors on the 45th day. Once we have paid
our consignors we no longer have control for the payment and under no
circumstances can we consider any refunds. If you suspect that there is
a major discrepancy or problem with authenticity of your lot, it is
your responsibility to contact our office before the 44 days are up and
inform us of the issue. We can at that time discuss terms to extend the
guarantee period. If you pay late and thus, receive your items late, it
does not qualify for an extension of guarantee period. The guarantee is
null and void 44 days after the auction. It is your responsibility to
pay for and acquire your purchases in a timely fashion.
B.
LIMIT OF RESTITUTION: Under no circumstances will the
auctioneer be responsible for lost profits or other financial damages.
Refunds requested on the grounds of authenticity must be accompanied by
at least a supporting written statement from an authority recognized by
the auctioneers. Auctioneer will not be responsible for shipping costs,
after auction appraisal fees, testing or any other post auction costs.
C.
TYPE OF RESTITUTION: An item that qualifies for an
adjustment is limited to one of the following options:
1) Major problems, (i.e. fakes, significant alteration,
major unannounced restoration, etc.) will result in full money back
refund or adjustment in sale price.
2) Less than major problems or discrepancies are not part of the
guarantee and no refund or adjustment will be considered for less than
major problems.
2.
RECEIPT OF GOODS - All goods sold will be tagged and can be
claimed upon presentation of paid receipts ONLY. All items to be
wrapped will be wrapped by the purchaser.
3.
PROTESTED BIDS - In case of a disputed bid, the Auctioneer is
the sole determinant as to who is the successful bidder and at his
discretion may re-offer and resell the article in dispute.
4.
TAX - State of New York sales tax is 7% and will be collected
at time of payment, unless a resale sales tax number is on file.
5.
NOMINAL BIDS - The Auctioneer may reject nominal bids, small
opening bids or very nominal advances made with purpose of disparaging
an item. If a lot fails to open for 25% to 30% of the low estimate, the
item may be passed from the block by the Auctioneer and may not be
re-offered until a later sale.
6.
ABSENTEE BIDS - Phone, fax or mail bids, will be accepted with
a 20% deposit and can be confirmed with a Visa or MasterCard number in
many cases. A staff member will execute your bid competitively an
increment at a time. It is entirely possible to buy items by absentee
bid for less than your top bid price. Absentee bids are a service
provided to our customers free of charge. Every effort is made to
execute all absentee bids; however, you must know that this is not a
perfect system neither here nor at any other auction house. In the
event of an error of omission or failure to properly execute absentee
bids, the auctioneer shall not be held liable.
7.
TERMS - All items are to paid for in U.S. funds the day of the
auction. Bidders who have not established an account with us and wish
to pay by check must establish an account prior to the beginning of the
auction by presenting a current letter of reference from their bank or
by providing references that are suitable to the auctioneer. Purchases
of $10,000 or more must be paid for by certified check or wire transfer
unless other arrangements have been made prior to the auction. We can
only accept payment by credit card for international orders through
Paypal, please contact us for specifics. Absentee Bidders: Directly
after the auction a bill will be sent to you for the items you
purchased and a total amount due. This bill is due upon presentation
and must be paid immediately. The auctioneer reserves the right to hold
merchandise purchased by personal check until the check has cleared the
bank, if the auctioneer deems such action necessary to protect his
interest.
8.
INTEREST AND DEFAULT - Interest will be charged on all
balances not paid at the rate of 1-1/2% monthly (18% APR) effective 15
days from the date of purchase/auction. Should the buyer not comply
with any of the Conditions of Sale, the damage recoverable from the
buyer shall include any loss arising on the resale of the lot, together
with the charges and expenses in respect of both sales as well as any
legal or collection fees incurred. Mark Lawson Auctions shall hold any
money deposited in partial payment on account of any liability of the
defaulted item.
9.
RESERVES - Some items in our auctions may carry a conservative
reserve. Therefore, the auctioneer reserves the right to bid on behalf
of the owner or the auction house. The purchaser will be the highest
bidder acknowledged by the auctioneer. Please note that when a lot
carries a reserve, the reserve is usually below the low estimate in the
catalog. Actual reserve amount will not be divulged, but we will tell
you if an item carries a reserve should you inquire.
10.
WITHDRAWAL - We reserve the right to withdraw any property
before sale and shall have no liability whatsoever for such withdrawal.
11.
TITLE - A title passes upon the fall of the Auctioneer's
hammer. It will then be the responsibility of the buyer to make full
payment prior to removing the goods from the premises. It is both the
buyer's risk and expense for removal and must be made at the conclusion
of the sale unless other arrangements are made. Please note any lots we
might make arrangements for moving or storing are solely at the risk of
the owner and any damage or loss occurring after the fall of the hammer
becomes that of the buyer.
12.
PHONE BIDS - At the discretion of the auctioneer, phone
bidding may be arranged on more expensive items, (i.e. $500 or more).
In order to make arrangements to bid on the telephone at the time a lot
is being sold, you must contact our office in advance of the auction.
We will make arrangements to call you just prior to the lot being sold
so that you may bid over the telephone. There are usually a limited
number of phone lines available into the room, so if you wish to bid
over the telephone, it is important for you to make your arrangements
early. Cover bids: No absentee bid system is perfect, there will always
be some mistakes. Your best bet is to be present at the auction,
however, if you can't and you wish to bid by telephone, to help ensure
your participation, you might want to consider a cover bid at the time
you make arrangements for phone bidding. A cover bid allows your phone
contact here at Julia's to still execute a bid for you even if they
can't get through to you on the telephone. Your phone agent is the only
person who will have this bid and will only use it to bid in the event
that they cannot reach you. Assuming you are reached via telephone,
they would not use your bid and while you are on the phone you can bid
greater or lesser than your cover bid. Cover bids are not mandatory,
you can place one at your discretion, they are simply a safety device
in the event you cannot be reached by telephone in time.
13.
AGENT RESPONSIBILITY - If you are registering or executing a
bid for someone else under your number, please bear in mind that you
are responsible for the settlement of that account with us regardless
of whether the person you're executing or registering for pays you or
not.
14.
BUYER'S PREMIUM - Shall be reduced to 15% of the final bid
price, to be paid by the buyer as part of the purchase price. This is
assuming the account is paid by check, cash or any equivalent of cash.
If you settle your account by credit card the buyer's premium then
shall be the standard 17% of the final bid price which will be applied
to each lot sold to be paid by the buyer as part of the purchase price.
15.
LEGAL DISPUTE - Any legal disputes arising from this auction
shall be settled in the court system in the State of New York.
16.
ACCEPTANCE OF CONDITIONS - Bidding on article(s) indicates
your acceptance of all of the above terms.
NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS
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