Conditions of Sale
Terms and Conditions of Sale for April 13, 2013
Correctness of Description
Boston Harbor Auctions (hereinafter referred to as BHA) has exercised reasonable care to catalog and describe correctly the property to be sold, but neither BHA nor its consignors warrant the correctness of description, attribution, authenticity, or condition of said property. No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only. Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction.
2. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered.
3. BHA reserves the right to withdraw any property before the sale.
4. Determination of the Highest Bidder
The highest bidder accepted by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer may determine who is the successful bidder or the auctioneer may re-offer the article in dispute and his decision shall be final.
5. Rejection of Bids
The auctioneer reserves the right to reject any nominal raise or any bid or raise which, in his opinion, is not commensurate with the value of the article being offered. At his discretion, he may also reject any nominal raise or any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole. BHA may refuse to issue bidding privileges to any person not in good credit standing with BHA, or to any person who is deemed by BHA in its sole discretion, to be disruptive of or harmful to established auction practices, either before or after the acceptance of bids or the fall of the hammer.
6. Title
Except as herein otherwise provided, title will pass to the highest bidder as determined by the auctioneer, and the property is thereafter at the purchaser's sole risk and responsibility.
Payment
Payment is due at the time of purchase. You will be sent an invoice following the close of the auction reiterating the payment instructions listed here.
On title passing to the highest bidder acknowledged by the auctioneer, and subject to all the conditions set forth herein, such bidder will thereupon pay the full purchase price. Payment in full is due at the time of sale. In addition, the purchaser may be subject to one or more of the following actions: a) Any and all legal remedies available to BHA and its consignors by law including without limitation the right to hold the purchaser liable for the total purchase price; b) Immediate cancellation of the sale, with BHA retaining as liquidated damages all payments made by the purchaser; c) Resale of the property at public auction, wherein the original purchaser shall be liable for any deficiency, costs, and BHA commission on both sales. At BHA option, payment will not be deemed to have been made in full until BHA has collected funds represented by checks, or in the case of bank or cashier's checks, their authenticity has been confirmed.
Online bidders are subject to a 26% buyer's premium which is discounted to 23% for cash and check payments.
8. Order Bids
Subject to these Conditions of Sale and to such terms and conditions as it may prescribe, but at no charge to the customer, BHA will undertake to execute all order bids submitted to it by a customer who has established credit with said company. Requests for such bidding must be given in writing with such clearness as to leave no room for misunderstanding as to the amount to be bid and must state the catalog number and the name or title of the article to be bid on. Telephone bids must be confirmed in writing or by cable. All bids are kept in strict confidence. In the event of identical bids, (online bids are not received by BHA until the moment of sale) the earliest will take precedence. BHA shall not be held responsible for errors or failure to execute bids.
Telephone Bids: While the sale is in progress, bidding by telephone may be allowed by the auctioneer at his discretion. BHA shall not be held responsible for any failure to properly execute such a bid whether it be due to equipment failure, loss of connection, or failure to hear or understand the bidder's directions. Any advice or opinions provided by BHA or its employees are given strictly as a courtesy and are not a warrant of condition, attribution, authenticity, or description of said property. All bidding by telephone is solely at the risk of the bidder.
9. Condition
If for any cause whatsoever any article sold cannot be delivered, or cannot be delivered in as good condition as the same may have been at the time of sale, due to a failure or damage on the company's part, the sale will be cancelled, and any amount that may have been paid on account of the sale will be returned to the purchaser. EXCEPTION: BHA will not be held responsible for damage to picture frames or lampshades.
10. Sales Tax
All purchases are subject to the Massachusetts sales tax (currently 6.25%) unless the purchaser A) possesses a Massachusetts sales tax exemption or resale number and registers that number with the company, B) is an out of state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H 1(5) and Directive 89 10 and registers with the company prior to each purchase, or C) has purchases shipped out of state directly from BHA by a bona fide shipping agent. Dealers, museums, etc. can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation, 100 Cambridge Street, Boston, MA 02204.
11. Reserves
Unless advertised as an "Unreserved Auction", all sales may have items subject to reserve (an agreed upon price between the auctioneer and the consignor, below which the article will not be sold).
12. Delivery, Shipping, Pickup of Items
All purchases not picked up within two weeks of the day of the sale may be shipped by BHA to the purchaser. All shipping, packing and handling charges will be the responsibility of the purchaser. As a service and convenience, our shipping department can ship or arrange shipment of paid purchases. The packing and shipping of items by BHA will be undertaken solely at our discretion. Upon receipt of payment, BHA will pack and ship according to purchaser's instructions for shipment. BHA is not responsible for the acts or omissions of carriers or packers, whether or not recommended by us. Packing and handling of purchased items by us is at the entire risk of the purchaser. Costs for this service will be based on the carrier's current packing, transportation, and insurance charges. We do not ship via the U.S. Post Office unless special arrangements are made (therefore no PO Boxes). Please allow 4-6 weeks from receipt of payment for delivery.
Please note, Boston Harbor Auctions provides shipping options as a courtesy, however, it is ultimately up to the purchaser to coordinate their own shipping if the shipping logistics are beyond the capabilities of BHA.
If said articles have not been paid for, see paragraph 7 above.
13. Packing
Purchasers are advised that packing and/or handling by BHA employees is undertaken solely as a courtesy for the convenience of customers. In the case of fragile articles, it will be undertaken at the sole discretion of the company. Handling and packing by BHA is at the risk of the purchaser. SHIPPING: When requested, BHA may arrange shipment of paid purchases. BHA will not be responsible for damage or loss once the item has been received by the shipper. In the case of fragile articles, shipping will be undertaken at the sole discretion of the shipper. Please refer to our Advice to Bidders for details.
14. These Conditions of Sale cannot be altered except in writing by BHA or by public announcement by the auctioneer at the time of the sale.
15. Bidding on any article(s) indicates acceptance of the terms set forth above.
16. These Conditions of Sale and any suits arising thereunder shall be construed and governed by the laws of Massachusetts.
