Terms and Conditions of Sale
Terms & Conditions
This catalogue, as amended by any posted notices during the sale. Mid-Hudson Auction Galleries Ltd. and the Consigner's entire agreement with the purchaser relative to the property listed herein. The following conditions of sale are the only terms and conditions by which all properties are offered for sale. The property will be offered by us as the agent for the Consigner unless the catalogue indicates otherwise. By bidding at auction, whether present in person or by agent, by written bid, telephone, internet or by other means, the buyer agrees to be bound by these Conditions of Sale.
1. All properties are sold as is, and neither we nor the Consigner make any warranties or representations with respect to any lot sold including but not limited to the correctness of the catalogue or other description of the origin, physical condition, size, quality, rarity, attribution, authorship, importance, medium, provenance, exhibitions, literature or historical relevance of the property, and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. All sizes listed are approximate. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. WE AND THE CONSIGNORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. Neither Mid-Hudson Auction Galleries Ltd. as agent nor the Consigner is responsible for any faults or defects in any lot or the correctness of any statement as to the authorship of any origin, authorship, date, age, attribution, genuineness, provenance or condition of any lot. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Information regarding condition can be requested prior to the auction by contacting Mid-Hudson Auction Galleries Ltd. by email (mag2715jag@aol.com) or by telephone (914-882-7356, 314-560-7852). Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact.
2. A buyer's premium will be added to the purchase of all lots in the sale, and is payable by the purchaser as part of the total purchase price. The buyer's premium for bidders participating in the auction in person or in absentia, either on the telephone or by submitting written bids in advance, is 25%. The buyer's premium for internet bidders is 25%. Mid-Hudson Auction Galleries Ltd. also receives a commission directly from the Consignors.
3. We reserve the right to withdraw any property before the sale.
4. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
5. All bids placed, and all payments made must be in U.S. dollars drawn on a U.S. Bank.
6. Payments are due promptly at the conclusion of the auction, and in the case of absentee and internet bidders, within 10 days of receipt of invoice.
7. We reserve the right to reject any bid. The highest bidder, acknowledged by the auctioneer, will be the purchaser. In the event of a dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion whether to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale records are conclusive. Although in our discretion, we will execute other order bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith.
8. If the auctioneer decides that any opening bid is below the value of the article offered, he or she may reject the same and withdraw the article from sale, and if having acknowledged on opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject the advance.
9. Some of the lots in this auction may be offered subject to a reserve, which is the confidential minimum price below which such a lot will not be sold. We may implement such reserves by bidding on behalf of the Consignors. In certain instances the Consignors may pay us less than the standard commission rate where a lot is "bought in" to protect its reserve. Where the Consignors are indebted to us or has a monetary guarantee from us, and in certain other instances where we or any affiliated companies may have an interest in the offered lots and the proceeds there from other than our commission, we may bid therefore to protect such interests. Mid-Hudson Auction Galleries Ltd. may act to protect the reserve by bidding through the auctioneer. The auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve either by placing consecutive bids or by placing bids in response to other bidders.
10. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof or such part as we may require.
11. Unless exempted by law, the purchaser will be required to pay Missouri state and local sales tax or any applicable compensating use tax of another state on the total purchase price. Deliveries outside the state may be subject to the compensating use tax of another state. Where duty or collection is imposed on Mid-Hudson Auction Galleries Ltd. by law, it will require payment of these taxes.
12. These Terms and Conditions of Sale as well as the purchaser's and our respective rights and obligations thereunder shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether present in person or by agent, order bid, telephone or by other means, the purchaser shall be deemed to have consented to the exclusive jurisdiction of the State of New York, with exclusive venue in the County of New York.
13. We are not responsible for the act or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser. In no event will our liability to a purchaser exceed the purchase price actually paid.
14. Estimates do not represent any opinion or guarantee of actual value or ultimate sale price. Actual prices realized for items can fall below or above this range. They should not be relied upon as a prediction or guarantee of the actual selling price. They are prepared well in advance of the sale and are subject to revision.
15. Should any disputes arise pertaining to purchases at this auction or any other matters relating to the auction, such disputes shall be brought in the courts of the State of New York. Venue shall be within the New York State, County of Orange.
16. Any claim regarding a purchase must be made by the successful bidder to Mid-Hudson Auction Galleries Ltd., in writing, certified mail, return receipt requested, within 60 days of the final day of the live auction. Thereafter, all claims shall be time-barred. It is Mid-Hudson Auction Galleries Ltd. general policy, and Mid-Hudson Auction Galleries Ltd. has the right to have the purchaser obtain, at the purchaser's expense, the opinion of two recognized experts in the field, mutually agreeable to Mid-Hudson Auction Galleries Ltd. and the purchaser.
17. The copyrights in and to the items depicted in this catalogue, and the rights of publicity to the names, images and likenesses of persons or items depicted in this catalogue, are exclusively owned by the Consignors of the property or third parties. A BUYER OF AN ITEM OFFERED FOR SALE DOES NOT ACQUIRE ANY COPYRIGHT, COMMERCIAL RIGHT, OR SIMILAR RIGHT WHATSOEVER TO THE ITEMS OR THE IMAGES OR LIKENESSES CONTAINED THEREIN AND THE BUYER MAY NOT REPRODUCE ANY ITEM PURCHASED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COPYRIGHT HOLDER. No copies or photographs, catalogue descriptions or other written material in this catalogue may be reproduced in any manner without the express written permission of the copyright holder.
Participating In the Auction
Bidding & Pre-establishing Credit
In an effort to facilitate your rapid removal of items immediately following the auction, you can pre-establish credit with Mid-Hudson Auction Galleries Ltd. Having done so, you need only write a check for the amount of your purchase (assuming it is within the range of your credit line) and you can remove your purchases. The easiest way to accomplish establishing credit is to provide an Irrevocable Letter of Credit or a Bank Letter of Guarantee from your bank stating that they will guarantee your check up to an indicated amount. Such letters normally have a time limit and therefore, for this auction, a 14 business day limit from the day of the auction would be appropriate. The bank letter should include the bank officer's name and telephone number and should state that the letter is for Mid-Hudson Auction Galleries Ltd. The letter should be addressed to Joanne Grant / Kevin Blackwell, and indicate the limit to which the checks can be written. The letter can be sent to 1001 Highway K. Bonne Terre, Missouri 63628.
You Can Bid at this Auction without Pre-Establishing Credit
We accept American Express, Visa, Master Card, Discover, Paypal, Cash and Checks with the understanding that merchandise may be held under a regular check clears (usually about 10 business days). In such cases you may be responsible for shipping and handling costs. (Please see Removal/Shipment of Purchases.)
Absentee Bidding
One may bid by calling the gallery or e-mailing us and arranging to be an absentee bidder or telephone bidder.
Shipping, handling and insurance for all absentee bid items are the responsibility of the wining bidder. Bidding increments are at the discretion of the auctioneer. In the case of tie bids the first bid received will be given priority.
Internet Bidding
Those who are unable to attend the auction but would like to participate can view the full catalogue online, and leave advance absentee bids, as well as bid live as the sale is taking place at www.Liveauctioneers.com and www.Invaluable.com. For further information, please visit Mid-Hudson Auction Galleries Ltd. website or Liveauctioneers.com and Invaluable.com. Links from the Mid-Hudson Auction Galleries Ltd. website to these sites will be available approximately one month before the event. Lots in this catalogue and in the addendum to this catalogue can be bid on through Liveauctioneers.com and Invaluable.com prior to - and during - the live auction, provided that the bidder has completed the Liveauctioneers or Invaluable application process and been approved for bidding.
Removal/Shipment of Purchases
PURCHASERS ARE RESPONSIBLE FOR ALL SHIPPING AND PACKING COSTS. All pick-ups must be made immediately following the auction, unless other arrangements are made with Mid-Hudson Auction Galleries Ltd. Inasmuch as Mid-Hudson Auction Galleries Ltd. does not permanently reside at the Blackwell Motors and Properties (the auction site), it is essential that all items are either 1) paid for immediately at the conclusion of the auction (items can be paid for and removed at any time during the event) and immediately removed or 2) paid for immediately, making arrangements for the removal of the items by your designated shipper and alerting Mid-Hudson Auction Galleries Ltd. of your intent. A list of local Bonne Terre vicinity shippers will be provided.
Removal of Purchases Acquired Through Absentee, Phone & Internet Bidding
If you are a successful absentee, phone or internet bidder, and unless you have notified Mid-Hudson Auction Galleries Ltd. of your intention to pay for and pick up your purchases at Blackwell Motors and Properties on or before August 18th & 19th, your purchases will be removed and transferred to a storage facility. They will be held until you have made payment, at which time your purchases can be released for shipment. Although Mid-Hudson Auction Galleries Ltd. is not in the shipping business, and unable to provide packing and shipping services, we will do our best to assist you with coordinating arrangements with your preferred shipper. Please feel free to call Mid-Hudson Auction Galleries Ltd. in advance if you have any questions regarding your shipping options.
If you are a successful Internet or Absentee Bidder….
1. You will receive an invoice by email following the auction. If you believe you are a successful bidder and don't receive an invoice, please contact Mid-Hudson Auction Galleries Ltd. (914-882-7356; mag2715jag@aol.com)
2. Payment is due promptly and within 10 days of receipt of invoice.
3. Purchases paid for by wire transfer, bank or cashier's check will be available for release immediately.
4. Purchases paid for by personal or business check will be held until the check has cleared (please allow up to 10 business days from receipt of payment).
5. When purchases are available for release, Mid-Hudson Auction Galleries Ltd. and Blackwell Motors will do our best to assist you by overseeing the pick-up of your purchases.
6. Purchasers are responsible for all shipping costs. In some cases, there may be savings of sales tax by the use of a recognized, licensed transport company. Should you wish to learn more about your shipping options, please contact Mid-Hudson Auction Galleries Ltd. prior to the auction.
