Condition of Sale
TERMS: These terms and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, kindly do not bid. If you do not understand any of these conditions, please ask the auctioneer BEFORE bidding. Once you have been evidenced to be the winning bidder you have affected a legally binding contract which cannot be altered or voided. Be certain you want the item at the bid amount before bidding. No transfer recognized from bidder to bidder. These terms and conditions, and no statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. If any part of these terms and conditions of sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. The rights and obligations of the parties with respect to these conditions of sale, the conduct of the auction and any matters connected with the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for our benefit, to the exclusive jurisdiction of the courts of the state, county, province and if applicable, federal courts sitting in such state.
2. IN PERSON BIDDING: To be eligible to bid on any item in this auction you are required to register so that you may receive a paddle or assigned bidder number. To qualify for registration, you must provide proof of identity such as a valid driver's license, providing full name and current address and a credit card with your signature on file.
3. INTERNET BIDDING: To bid online you must be a registered Artfact user. Online bidding is accomplished through www.artfact.com.
4. ABSENTEE & REMOTE BIDDING: (Excluding Internet Bidding through artfact.com) To be eligible to bid on any item in this auction via telephone or using the Left Bid service, you are required to pre-register in order to receive a paddle or assigned bidder number. To qualify for registration, you must provide 2 proofs of identity such as a valid driver's license, providing full name and current address and a credit card with signature on file. If a prospective buyer makes arrangements with us prior to the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone but we do not accept liability for failure to do so, nor are we liable for any technical difficulties involved in receiving those bids.
5. DEPOSITS: Should you desire to leave a deposit it must be in earnest money form i.e. cash, credit card, bank wire, letter of credit or cashier's check. When an auction closes, deposits for all losers are refunded, while winners' deposits are also put toward the purchase price. All deposits in excess of the purchase price of won items will be returned promptly.
6. NO GUARANTEE: Everything is sold "AS IS, WHERE IS" without guarantees of any kind, including counts. Use the inspection period to inspect all items in which you have an interest. We encourage you NOT to bid unless you have inspected those items and/or lots and counts. Any guarantee must be in writing, without exception. All prices subject to confirmation.
7. WARRANTY: Other than delivery of title and/or bill of sale, neither auctioneers nor owners make any representation of warranty as to the quality of title to the property being sold. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED or IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold "AS IS" and without recourse.
8. PAYMENT: All items must be paid for before you leave the auction premises TODAY, regardless of when you will be picking them up. No items may be removed before full payment. Any item(s) left unpaid for will be subject to a storage fee of $5.00 per item / per day plus any transportation, moving and additional commercial storage costs, plus collection and attorney fees until paid for.
9. PAYMENT TERMS: Payment must be made by cash, credit card, bank wire or cashier's check. If you are unknown to the auction company you may be required to pay cash or certified check only. You may also be required to have a bank letter or bond. Consult with the cashier (before bidding) to be certain of payment arrangements. Auctioneer's decisions are final.. No transfer of items will be recognized between buyers.
10. INCREMENTS & LOTS: Auctioneers reserve the right to set bidding increments and lot and re-lot item prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders.
11. DELETIONS & ADDITIONS: Any deletions and/or additions to the auction will be announced. The owners reserve the right to add and withdraw lots prior to bidding, without notice.
12. DESCRIPTIONS: While descriptions and counts are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any item(s) being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the adverting placement date. Buyers need to rely solely upon their own inspection and information.
13. ESTIMATES: Each lot in the catalogue is given a low and high estimate representing that range which, in the opinion of Abercrombie Auctions International, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenances. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates are subject to revision. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose.
14. HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased. Buyers remove purchases at their own risk. Buyers should arrange for professional de-installation of wired, plumbed or built-in items. Many pieces of equipment have potential hazards and should be de-installed and moved by professionals with proper equipment.
15. RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that title passed to you with the fall of the gavel, even though you may have not yet paid for the item. You are responsible for guarding your items accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property or goods being sold. Certain items (consignments) may have been added from other sellers.
16. ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer's report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement and while good are still on auction premises. In no event will auctioneers liability to buyer ever exceed the purchase price actually paid and expenses.
17. REMOVAL: Arrangements for the removal (or shipment) of purchased items is the sole responsibility of the buyer pursuant to and as a part of the contract of sale. Auctioneer reserves the right to inspect and check out purchases to ensure removal of proper items and lots. Auctioneers reserve the right to restrict admittance after the auction and control removal doors to maintain proper removal security. Bidders caught willfully removing wrong items, or switching tags, will be subject to arrest for theft. There are specific removal items for this auction under which all items must be removed. No claim can be made for failure of bidder to remove items after the removal period has ended. The removal item is and important condition of this auction. Auctioneers do not guarantee use of loading docks, operation of elevators or moving equipment to facilitate easier buyer removal. Buyers should bring their own moving equipment and labor. Any item not removed from the sale within the specified time may be removed and stored by the Auctioneer at purchaser's expense, and auctioneer will not be responsible for loss or damage to those items.
18. PACKING & SHIPPING: Craters and Freighters will be onsite to assist you with all your packing and shipping needs. Craters and Freighters
Expert Packaging, Crating & Shipping
Tel: 954-917-4929
Toll Free: 866-744-9936
Fax: 954-917-7532
www.cratersandfreighters.com
soflorida@cratersandfreighters.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it
2087 N. Powerline Rd. #2
Pompano Beach, FL 33069
19. TAX: Applicable sales tax must be added to the purchase price of all taxable auction purchases. Dealers who purchase for resale or claim exemption must file their resale certificate or exemption form with the auction cashier. No refunds of sales tax can be made after settlement. This auction is subject to Florida tax law.
20. BUYER'S PREMIUM: The final total due for the buyer's purchases will include an 18% Buyer's Premium. If you bid $100 for an item, the Buyer's Premium will be $18 making the total $118 plus any applicable tax.
21. ONLINE BUYER'S PREMIUM: The final total due for the buyer's online purchases will include a 3% Artfact Live! transaction fee. If you bid $100 for an item, the Buyer's Premium will be $21.00 making the total $121.00 plus any applicable tax.
22. ANNOUNCEMENTS: Any announcement on the day of auction shall take precedence over any previously distributed information or advertisement. Listen to opening announcements, as they are important. Auctioneer may announce additional information or terms during the course of the auction, especially as it relates to certain specific items and removal times. Any and all decisions made by the auctioneer are final..
