Terms and Conditions
1. GUARANTEE - We have attempted to make a consistent effort in cataloging and correctly describing the property to be sold. The catalog descriptions are guaranteed for authenticity, and condition. Should the need arise; the auctioneers reserve the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalog. Since opinions can differ, particularly in the matter of condition, the auctioneers will be sole judge in the matter of refunds.
2. DURATION OF GUARANTEE - Request for a refund on items purchased IN PERSON at the auction, must be made before those items leave the auction site. If you are an absentee, phone or online bidder, it is your responsibility to examine the lot immediately upon receipt. If you are bidding online through Artfact, it is your responsibility to resolve any questions pertaining to the lot you are interested in, prior to bidding. On items purchased in absentee, by phone or online, the guarantee will end 24 hours from the time of delivery. Therefore, all guarantees on items purchased will become null and void 10 calendar days from the date of shipment. IT IS VERY IMPORTANT TO NOTE THAT IF YOU PAY LATE, YOU MAY NOT BE ELIGIBLE FOR THE GUARANTEE. Payment must be postmarked no later than 7 days after the auction.
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 reoffer and resell the article in dispute. If a dispute arises after the sale, the Auctioneer sales record shall be conclusive as to who was the purchaser and the purchase price.
4. BIDDING - Bidding usually starts at the low estimate and advances in increments subject to the auctioneer's discretion. The auctioneer reserves the right at his sole discretion to refuse any bids that he deems unreasonable, or significantly below the following minimum bid increment guideline: $0 to $999 = $50; $1,000 to $9,999 = $250; $10000 to $19,999 = $500; $20,000 to $99,999 = $2500; above $100000 = $5000.
5. ABSENTEE BIDS - Phone or mail bids, at the discretion of the Auctioneer, will be accepted with a 20% deposit. In such case, Guyette & Schmidt will execute such bids competitively. Absentee bids are executed on behalf of the absentee bidder, in accordance with the bid increment policy shown above. Please review the rules governing both absentee and phone bids in the back of the catalog.
6. TERMS - All items are to be paid for in American funds at the day of the auction. No items will be released until they are paid for. Those who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction, by presenting a current letter of reference from their bank or by providing references, which are suitable to the Auctioneer. 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. Phone and absentee bidders. You will be notified immediately after the auction regarding your bill. PAYMENT IS DUE UPON RECEIPT. A late charge will be accessed on all balances not paid at the rate of 12% A.P.R. commencing thirty days after the bill is sent. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds. Also the Auctioneer may retain and/or recover the deposit specified as liquidated damages, and in addition, the property can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Auctioneer by the defaulting buyer, together with all charges, fees, and expenses incurred by such resale or the enforcement of the obligation hereunder. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of sale, including without limitation reasonable attorney fees.
7. RESERVES - A very small percentage of the decoys in this auction carry reserves. A reserve is a confidential minimum price established between the auctioneer and the consignor. The reserve will not exceed the low estimate printed in the catalogand will be executed on behalf of the consignor.
8. PAYMENT FOR PURCHASES MAY BE MADE WITH VISA , MASTERCARD, CASH OR CHECK
9. BUYERS PREMIUM- The buyer's premium, assessed on each selling lot, is 15% of the hammer price up to and including $100,000, plus 10% on any amount in excess of $100,000. For payments made using Visa or MasterCard, the buyer's premium is 18% up to and including $100,000, plus 13% on any amount in excess of $100,000.
10. TAX - All purchases will be subject to the Maryland 6% sales tax, unless you have a Sales and Use Tax License FROM ANY STATE, or have your purchases shipped outside of Maryland.
11. ACCEPTANCE OF CONDITIONS - Bidding on any articles in this catalog indicates your acceptance of all the above items.
12. BIDDING AGENT RESPONSIBILITY - If you are registering for someone or if you execute a bid for someone else under your number, you are responsible for the settlement of that account. You are also responsible for examining the decoy(s) for your client regarding the guarantee.
13. WITHDRAWAL - We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
14. TITLE - Title passes upon the fall of the Auctioneers hammer. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. Removal is at both the buyer's risk and expense, and must be made at the conclusion of the sale unless other arrangements are made with the Guyette & Schmidt staff. 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.
15. LEGAL DISPUTE - Any legal disputes arising from this auction shall be settled in the court system of the State of Maine. UNIFORM COMMERCIAL CODE - The Maine Uniform Commercial Code, Title II, Section 2328 applies to this auction.
16. Guyette and Schmidt Inc does not ship any items. THE OFFICE WILL NOT BE OPEN ON MONDAY AND TUESDAY AFTER THE AUCTION. PLEASE, DO NOT CALL FOR INFORMATION UNTIL WEDNESDAY AFTERNOON.
Payment Information
You will be notified of your succesful bids with a bill, the day after the auction has ended. PAYMENT IS DUE UPON RECEIPT. A late charge will be assessed on all balances not paid, at the rate of 12% APR commencing thirty days after the bill is sent. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds.
Shipping
After payment is received we automatically send purchases via United Parcel Service COD with a signature required, unless otherwise specified. There is a charge for the shipping costs, insurance, as well as a UPS COD and Signature Required fee. We can not ship via UPS or FedEx to a PO box, so please be sure to include your street address. If you wish to have the purchases shipped by any other method, you must contact our office to make those arrangements. Shipping is done on a first come, first served basis, and can take up to four weeks.
Buyer's Premium
The buyer's premium assessed on each selling lot, is 15% of the hammer price up to and including $100,000, and 10% on any amount in excess of $100,000. If using a credit card, the buyer's premium assessed on each selling lot, is 18% of the hammer price up to and including $100,000, and 13% on any amount in excess of $100,000.
