MLA Terms & Conditions
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. 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. 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 - No absentee bids are placed from the floor for this live online auction. You may place an absentee online bid ahead of the auction date through the eBay web site. These bids are accepted up to one hour beofre the auction starts.
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 - No absentee bids are placed from the floor for this live online auction.
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 - 20% (for purchasers through eBay live auctions) 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. SHIPPING - We handle the packing and shipping of sold items, except for larger and/or more fragile items, which may need special handling. Your Invoice will include a shipping quote for items we are able to ship. The Buyer is responsible for shipping delivery arrangements on items we can not ship. (Insert places to call for shipping quotes). These items will be clearly marked in the auction listing. Buyers are always welcome to utilize our curbside pickup services.
16. AFTER THE SALE - We will contact you within 3 to 5 business days after the end of the auction with payment and shipping information.
17. LEGAL DISPUTE - The rights and obligations of the parties with respect to these Conditions of Sale and Terms of Guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of New York. Any legal disputes arising from this auction shall be settled in the court system in the State of New York.
18. ACCEPTANCE OF CONDITIONS - Bidding on article(s) indicates your acceptance of all of the above terms.
Shipping Terms
We handle the packing and shipping of sold items, except for larger and/or more fragile items, which may need special handling. Your Invoice will include a shipping quote for items we are able to ship. The Buyer is responsible for shipping delivery arrangements on items we can not ship. (Insert places to call for shipping quotes). These items will be clearly marked in the auction listing. Buyers are always welcome to utilize our curbside pickup services.
