Terms and Conditions
Terms and Conditions: Live and Online Sale at Auction
By registering to bid and submitting your bid, you agree that:
• You have read and agree with the Auctioneer Terms and Conditions below and the AuctionZip Terms of Use Agreement
• You agree to pay a buyer's premium of up to 18% and any applicable taxes and shipping (includes 3% online transaction fee)
Auctions and Antiques, LLC - Full Terms & Conditions
All property is sold subject to the following Terms and Conditions: Timed Auctions
This sale is conducted in accordance with UCC Article 2-328 which is quoted here and incorporated in these stated Terms and Conditions: UCC 2-328. Sale by Auction
(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.
This is NOT an absolute sale unless specifically advertised as ABSOLUTE. This sale is with reserve unless the goods are in explicit terms put up without reserve. The seller or the auctioneer may place bids on the seller's behalf. Notice is hereby given that liberty for such bidding is reserved.
Terms and Conditions of Sale:
1. GENERAL: ALL SALES ARE FINAL and all lots are sold as shown and "AS IS, WHERE IS" with all faults, imperfections, and errors of description without warranty expressed or implied. Auctions and Antiques, LLC, their employees and/or agents are not responsible for errors or omissions in description, genuineness or authenticity, and fault or defect in any lot. No warranties or representations whatsoever are given by Auctions and Antiques, LLC, its employees and/or agents, to any buyer in respect to any lot. While Auctions and Antiques, LLC, its employees and representatives, make every effort to accurately describe all lots offered for sale, it is incumbent upon the bidder to satisfy themselves in all areas of authenticity, originality, condition and imperfections. Bidders should also acknowledge that condition descriptions are often subjective and any item offered at auction may be subject to normal wear consistent with age that may not be specified in a condition description. Auctions and Antiques, LLC reserves the right to add or delete items throughout the auction. Items sold at live / online auctions must be picked-up at the assigned time, (NO EXCEPTIONS). Items to be shipped will be subject to section entitled 'Shipping.' (See below.)
2. PREVIEW of ITEMS: Buyers may inspect the merchandise and are encouraged to do so. Auctions and Antiques, LLC makes no warranty as to condition and shall not be responsible for any defects in any lot. It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. Items for this live / online auction may be previewed on the date, and at the time and place noted in the AuctionZip / Invaluable auction listing for the date and time of the sale.
3. BUYER'S PREMIUM: A total buyer's premium of 18% of the hammer price shall be added to each purchase to reach the total sales price for successful bids placed online or by phone or absentee bid. This buyer's premium includes a 3% AuctionZip/Invaluable online transaction fee. A total buyer's premium of 15% of the hammer price shall be added to each purchase to reach the total sales price for successful bids placed live at the onsite auction.
4. SALES TAX: All purchases, including buyer's premium, by bidders that live within the boundaries of North Carolina are subject to the collection of state and local sales taxes. NC resident buyers will be required to pay state and local sales tax of 6.75% at the time of payment (included on invoice) unless the buyer provides Auctions and Antiques, LLC with a valid North Carolina Retail License Number and properly fills out the proper Certificate of Exemption form submitted with a copy of said retail license. In the instance of an onsite sale of Estate personal property, sales tax will not be charged.
5. FORMS of PAYMENT: Acceptable forms of payment are Cash, Visa, MasterCard, and Discover Card. You will be required to register your credit card with Auctions and Antiques, LLC and Invaluable/AuctionZip before bidding online. No checks or money orders will be accepted.
6. INVOICING and PAYMENT COLLECTION: Complete payment is required immediately at the close of the sale or after you receive an invoice once the online auction has closed. We will charge your credit card immediately after the online auction has closed. Item(s) purchased online and not paid for after 3 days from the receipt of invoice are deemed non-collectable. These item(s) will be resold and non-payment will be reported to AuctionZip and Invaluable.
7. ITEM PICK UP: Paid items must be picked up on the date and at the time of sale.
8. SHIPPING: Auctions and Antiques, LLC does not ship any merchandise we sell at auction. Since we do not ship, we also do not bill you for shipping. If you require your item to be shipped to you, please notify us by e-mail upon receipt of your invoice. We will be pleased to cooperate with a third party shipper at your request. Your items will be released to the shipper as soon as payment clears. At your request, we can recommend local shippers that will provide services and bill you directly.
9. REMOVAL of PROPERTY: All items must be removed from the sale premises by the purchaser at their expense no later than 5 business days following the sale. If the items are not removed, Auctions and Antiques, LLC reserves the right to charge a minimum storage fee of $25 per lot per day and to deliver said items to a public warehouse for storage at the buyer's expense. Auctions and Antiques, LLC shall have no liability for any property left on its premises or on the sale premises after 5 days following the end of the sale or auction.
10. WINNING BIDDER: The highest bidder shall be the buyer. The record of sale, as kept by the auctioneer, will be taken as absolute and final in all disputes between two or more bidders. The auctioneer will determine the winning bidder and the auctioneer's decision will be binding and final.
11. RESERVES: Some lots may be offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold.
12. BIDDING: All items are sold by live onsite and live online auction only. Auctions and Antiques, LLC is not responsible for internet connection problems or website issues that cause missed bids. Online auction bidders who desire to make certain their bids are accepted should use the pre-bid feature of the Invaluable/AuctionZip auction system and leave their maximum pre-bid at least 24 hours before the auction begins.
13. AGREEMENT TO TERMS and CONDITIONS: By 'Registering to Bid' for this Auction Sale you acknowledge and indicate that you have read, accepted and agreed to these Terms and Conditions of Sale.
Condition:
While Auctions and Antiques, LLC, its employees and representatives, make every effort to accurately describe all lots offered for sale, it is incumbent upon the bidder to satisfy themselves in all areas of authenticity, originality, condition and imperfections. Bidders should also acknowledge that condition descriptions are often subjective and any item offered at auction may be subject to normal wear consistent with age that may not be specified in a condition description.
Payment Terms
FORMS of PAYMENT: Acceptable forms of payment are Cash, Visa, MasterCard, and Discover Card. You will be required to register your credit card with Auctions and Antiques, LLC and Invaluable/AuctionZip before bidding online. No checks or money orders will be accepted. A 3% Convenience Fee applies to all payments by credit or debit card.
INVOICING and PAYMENT COLLECTION: Complete payment is required immediately at the close of the sale or after you receive an invoice once the online auction has closed. We will charge your credit card immediately after the online auction has closed. Item(s) purchased online and not paid for after 3 days from the receipt of invoice are deemed non-collectable. These item(s) will be resold and non-payment will be reported to AuctionZip and Invaluable.
Shipping Terms
SHIPPING: Auctions and Antiques, LLC does not ship any merchandise we sell at auction. Since we do not ship, we also do not bill you for shipping. If you require your item to be shipped to you, please notify us by e-mail upon receipt of your invoice. We will be pleased to cooperate with a third party shipper at your request. Your items will be released to the shipper as soon as payment clears. At your request, we can recommend local shippers that will provide services and bill you directly.
REMOVAL of PROPERTY: All items must be removed from the sale premises by the purchaser at their expense no later than 5 business days following the sale. If the items are not removed, Auctions and Antiques, LLC reserves the right to charge a minimum storage fee of $25 per lot per day and to deliver said items to a public warehouse for storage at the buyer's expense. Auctions and Antiques, LLC shall have no liability for any property left on its premises or on the sale premises after 5 days following the end of the sale or auction.
