CONDITIONS OF SALE
The following, as amended by any posted notices during the sale, constitutes the entire terms and conditions on which the property shall be offered for sale or sold by Neale & Sons Auctioneers and any consignor of such
property for whom Neale & Sons acts as agent.
1. No article can be removed from the premises before buyer makes settlement.
2. Any Buyer, as agreed to in writing by Neale & Sons, who leaves any item at the auction site to be removed at an agreed upon later date, does so at their own risk and liability and specifically releases Neale & Sons and any consignor from any liability. All items must be removed no later than 30 consecutive days after the auction date.
3. Persons attending during preview, sale or removal of goods, assumes all risks of damage or loss to persons and property and specifically releases Neale & Sons and any consignor from liability therefore, neither Neale & Sons nor their principals shall be liable by reason of any defect in or condition of the premises on which the premises is held.
4. As used herein the term BID PRICE means the price at which a lot is gaveled down to the purchaser and the PURCHASE PRICE means the aggregate of (A) the bid price (B) a 23% buyers premium (C) unless the purchaser is exempt by law from the payment, therefore, any California state or local tax (or compensation use tax of another state) and any other applicable taxes. Unless exemption from such taxes is established to the satisfaction of Neale & Sons any purchaser claiming an exemption will be required to pay the tax to Neale & Sons and seek a refund from the State of California.
5. At the fall of the auctioneer's gavel, the highest bidder shall be deemed to have purchased the offered lot in accordance with all the conditions set forth herein and there upon (A) assumes full risks and responsibility, therefore, (B) will sign a confirmation of purchase, therefore, (C) will pay the purchase price the day of the sale, by 5:00 PM, in full or such part as Neale & Sons may require for all lots purchased. To prevent misdelivery and inconvenience in settlement of a purchase, no lot may be transferred. Upon receipt of all monies due, the purchaser shall at his expense and liability. If not so removed, items may be sent to Neale & Sons to a warehouse for the account, risk and expense of the purchaser. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Neale & Sons and the consignor, by law, including without limitation the right to hold the purchaser liable for the purchase price. Neale & Sons at its option may either (A) cancel the sale, retaining as liquid damages all payments made by the original purchaser or (B) resell the property after the specified deadline for payment and/or removal to a new purchaser and for the account and risk of the original purchaser, either publicly or privately and in such event the original purchaser shall be liable for the payment of such deficiency plus all costs, including warehousing, expense of both sales, Neale & Sons commission at its regular rate, all other charges due here under and incidental damages.
6. If Buyer sues Neale & Sons and does not prevail, Buyer will reimburse Neale & Sons for all reasonable legal fees and expenses connected with such suit.
7. Neale & Sons reserves the right to withdraw any property at any time prior to the sale of the item, unless otherwise announced by the auctioneer at the time of the sale. All bids are per lot number or group of lot numbers and no lot shall be divided for sale.
8. Neale & Sons reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event of doubt on the part of Neale & Sons as to the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or re-offer and resell the article in dispute. If any dispute arises after the sale, Neale & Sons sales record shall be conclusive in all respects.
9. If Neale & Sons is prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, the liability of Neale & Sons shall be limited to the sum actually paid, therefore, by the purchaser.
10. If the auctioneer determines that any opening bid is insufficient, he may reject the same and withdraw the article for sale and if, having acknowledged an opening bid he decides that any advance thereafter is insufficient, he may reject the advance. Further, in certain instances, Neale & Sons may protect the interest of a consignor by bidding on their behalf.
11. Bidders agree to hold harmless, Neale & Sons and/or their agents, officers, employees and servants, against any claims of the nature referred to in this agreement.
12. Neale & Sons is acting as agent only and is not responsible for the acts of its principals.
13. The principals, auctioneers or advertising counsel will not be held responsible for advertising inaccuracies or discrepancies. Auctioneers have obtained the information and descriptions from what they feel are reliable sources. Prospective buyers are advised that auctioneers do not guarantee the accuracy of description or condition of the subject property.
CONDITION
ALL PROPERTY IS SOLD AS IS/WHERE IS, ALL SALES ARE FINAL AND NEITHER NEALE & SONS NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR AGE OF PROPERTY. No deduction will be allowed on damaged or repaired articles, as all goods being exposed for public exhibition are sold AS IS and without recourse and no statement in any catalog, ads or statement made at the sale or in the bill of sale or invoice or elsewhere shall be deemed such a warranty, expressed or implied, as to whether the purchaser requires any reproduction right in any lot. No employees of Neale & Sons is authorized to make on behalf of Neale & Sons or the consignor any representation or warranty, oral or written with respect to any lot. Each bidder is deemed to have examined fully each lot on which he bids.
