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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 Mark Lawson Auctions 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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