Conditions of Sale
Terms & conditions
BUYER PREMIUM
There is a 20% buyer's premium added to the hammer price of items sold via internet live auctions. Winning bidder participating in house or via telephone absentee bids will be subject to a 15% buyer's premium if paying by cash or approved check, otherwise there be a 17% buyer's premium for use of credit/debit cards.
CONDITION OF LOTS
All items are sold "AS IS" and there will be no returns based on condition. The items sold are often of considerable age and will exhibit wear usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of Applebrook Auctions is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Applebrook Auctions recommends that they not bid on the property. All dimensions are approximate. Therefore, all lots are sold " AS IS" except for the limited warranty contained here in, and neither we nor the consignor makes any warranties or representations, express or implied, as the title, merchantability, fitness, or condition with respect to such lots. All statement contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES,
We and the Consignors are not responsible for errors or omissions in the catalogue or any supplement material.
The purchaser expressly acknowledges and agrees that in no event should Applebrook Auctions be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages. Applebrook Auctions reserves the right to modify a catalog description, if upon further research and inspection new information has become available. Applebrook Auctions agrees to notify all absentee bidders for that lot of the change prior to the auction, and will make an announcement regarding the change during the auction. There are no returns or refunds. .
BIDDING
On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder there upon assumes full risk and responsibility, and will pay the full purchase price plus buyer's premium and any applicable fees such as sales tax and shipping IMMEDIATELY upon receipt of invoice
All lots will be sold in numerical order according to the printed catalogue and approximately 70-80 lots will be offered per hour. If you are unable to attend the auction in person, but wish to participate, Applebrook Auctions offers two convenient ways for you to do so: absentee bidding and telephone bidding. Absentee bids & telephone bids will be executed only with a signed bid form.
* Bidding on any item indicates your acceptance of these terms and conditions.*
NO ABSENTEE BIDS WILL BE ACCEPTED AFTER 4PM ON AUCTION DAY, AND NO PHONE BIDS WILL BE ACCEPTED AFTER 7pm on the day prior to an auction (There will be no exceptions). All forms need to be signed and forwarded back in order for Applebrook Auctions to execute the bid. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder there upon assumes full risk and responsibility, and will pay the full purchase price plus buyer's premium and any applicable fees such as sales tax and shipping IMMEDIATELY upon receipt of invoice. These Conditions of Sale and the purchaser's and our respective rights and obligations here under are governed by the laws of the State of Connecticut. By bidding at an auction, each purchaser or bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Applebrook Auctions (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by legal action brought in Litchfield County, Connecticut as the sole place for jurisdiction and litigation of any issues between the parties. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property. The auctioneer reserves 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, the auctioneer has final discretion to determine the successful bidder.
Clerical / Software
Applebrook Auctions undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids. IN THE EVENT THAT THERE IS A HUMAN ERROR IN THE EXECUTION OF AN ONLINE BID OR IN THE EVENT OF A TIE BID, THE LIVE AUCTION FLOOR ALWAYS TAKES PRECEDENCE OVER INTERNET AND ABSENTEE BIDS
SHIPPING
Shipping is the sole responsibility of the buyer. We are unable to handle any shipping, but we are happy to direct you to local packing and shipping providers. Buyer is responsible for all packing and shipping arrangements for purchases. Purchases paid by personal check will not be shipped until funds have cleared our bank. Applebrook Auctions is not liable for any damage to purchases that are not removed from our property within seven (7) business days of the auction. ) You can contact anyone of the three shipper listed for shipping estimates.
AS OUR TERMS STATED, WE ARE UNABLE TO HANDLE ANY SHIPPING
STORAGE
Removal shall be at the expense, liability and risk of the purchaser. All arrangements for removal must be at convenience of Applebrook Auctions. We can suggest names and phone numbers of appropriate firms to assist with delivery. If arrangements can't be made within 10 days of sale, items may be removed and stored at the expense and risk of the buyer. After 20 days a storage fee of $50 per lot plus $5 per day thereafter shall be charged. After 90 days items shall be deemed abandoned. Auctioneer shall apply any deposit or payment to loss, damages, and expenses incurred in the storage and resale of goods not paid for in full or removed in the time specified and shall retain any balance as liquidated damages.
All ITEMS SOLD AS IS, WHERE IS. ALL SALES FINAL
Online and /or Offline Bidding Options
There is a 20% buyer's premium added to the hammer price of items sold via internet live auctions. There is a 15% buyers premium if you bid through the gallery. You have the option to bid via phone or to leave absentee bid(s) through the gallery by contacting the gallery directly at (203)740- 0944 or emailing us at Applebrook@earthlink.net.You must contact us no later then 24 hours prior to the auction.
Applebrook Auctions 119 Railroad St New Milford, CT 06776 (203)740-0944 It is the buyer's responsibility to contact Applebrook Auctions with payment instructions WITHIN 7 DAYS OF THE AUCTION date via telephone at 203-740-0944 or via email at Applebrook@earthlink.net At time of payment, all buyers must provide eBay username, email address, full name, mailing address, telephone and fax numbers. Applebrook will email successful buyers invoices within 24hrs from the date of the auction. We accept cash (In House Only), personal check, company check, cashiers check, money orders, wire transfer, Visa, MasterCard and Discover, NO AMEX OR PAY PAL (see Conditions of Sale). Failure to make payment arrangements within 10 days of the auction will result in a NFB being placed on your eBay account. If paying by check, Applebrook reserves the right to hold all purchases until the check has cleared.
Shipping
WE ARE UNABLE TO HANDLE ANY SHIPPING.
For your convenience, Two shipper's phone numbers and email addresses are listed below. We will gladly work with any shipper that you wish to use. UPS STORE New Milford: 850-355-5185 or store5185@theupsstore.com. The shippers above have access to our catalog. When given either the eBay # or our catalog # they can give you an estimate. You are free to use the shipper of your choice! They will then pick up the item (s) at our gallery for shipping. You need to CONTACT AND PAY THE SHIPPER DIRECTLY FOR SHIPPING. This provides you with a very professional and timely shipping process. WE ARE RESPONSIBLE FOR THE SHIPPER'S RECEIVING THE ITEM(S) IN GOOD CONDITION ONLY. Again, thank you for your business
Taxes
6.35% Connecticut State Sales Tax May Apply
Contract
Your bid is a contract.
Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding.
All ITEMS SOLD AS IS, WHERE IS. ALL SALES FINAL
