Moes Family Estate (with additions)

RULES, TERMS AND CONDITIONS All bidders should read the Terms and Conditions of the Sale before bidding with Storia Auctioneers and Appraisers, (later referred to as Storia). To bid in our sale is to enter into a contract bound by the Terms and Conditions of the Sale. These Terms and Conditions are subject to change by posted notice. They bind the successful bidder (purchaser), Storia and the seller (consignor). TERMS OF SALE To bid on a lot offered by Storia is to accept the following Terms of Sale. Whether or not you have read or understand any of the said terms, participation in the auction binds you to an agreement with these terms. ALL ITEMS SOLD AS IS. Returns only accepted under certain circumstances and with Storia's approval - see our Return Policy. CONDITION OF ITEMS Despite the efforts of Storia to accurately describe each item, these items are for sale "as is". It is the bidder's responsibility to examine and appraise the item's condition. Storia is not responsible for typographical errors or omissions. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, related to the property, the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. It is the responsibility of the potential buyer to inspect the property before bidding to determine its condition, size and whether or not it has been restored. So too, the bidder is responsible for making contact with Storia to uncover any information that might reveal more about the item(s). Due to the age of the items we specialize in, all items are sold for the purposes of display, not functionality. If electrical, mechanical, or other working parts are found dysfunctional, (even if working at the time of sale) we are not liable. Questions pertaining to upcoming auction items should be submitted at least 48 hours before the sale. We make every effort to answer all questions as quickly as we can, but we cannot promise that questions submitted 48-hours before the sale will be answered before the sale. Neither we, nor the consignor make any guarantee as to whether the purchaser can successfully acquire any reproduction rights in the property. All items will be available for preview approximately one (1) week prior to the auction. REGISTRATION AND IDENTIFICATION At the time of registration, we collect information (name, address, phone number, etc.) about you to verify who you are before you can bid. All bidders must be of legal age of 18 or older to bid. BIDDING Rights and Responsibilities During the auction you can check the status of your bid any time. No bids can be withdrawn after you placed it. By placing a bid you signify that you are bidding on an item without personally examining the item, you are bidding on items as you see in pictures. When the auction closes each lot the ownership is passed to the winning bidder who then assumes all risk and full responsibility. It is recommended that you take out insurance for your items immediately after winning them. Storia is not responsible for any bid errors or omissions. Also, we shall have no liability to any bidder for any technical or other failure associated with the internet or online bidding. ? ONLINE BIDDING ? Online bidding through www.storiaauctions.com, LiveAuctioneers, or other bidding platforms may be available; all Terms and Conditions apply. Refer to your bidding platform of choice to see how added surcharges associated with these platforms affect your final buyer's premium. If within 7 days the winning bidder has not paid, Storia reserves the right to use and charge the credit card provided. Online bidders are held responsible for accidental bidding. ? BID RESULTS ? Storia contacts successful bidders 24-48 hours after the auction with an official invoice. The invoice will include item, hammer price, premium, packing and handling, shipping, insurance, and any other charges that apply. Please hold phone inquiries regarding bid success until after receiving your invoice. Winning bid information can be provided the second business day after the auction. Storia will not provide bidder information to any outside sources. Bid Increments Bid increments listed are a general guideline. Actual increments are at the auctioneer's discretion. If a lot does not receive a bid of 25% of the low estimate, the lot will be passed by the auctioneer. $0 - $5 ($1) $5 - $50 ($5) $50 - $200 ($10) $200 - $500 ($25) $500 - $1,000 ($50) $1,000 - $2,500 ($100) $2,500 - $5,000 ($250) $5,000 - $10,000 ($500) $10,000 - $50,000 ($1,000) $50,000 - $100,000 ($2,500) $100,000 + ($5,000) Reserves If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. Buyer's Premium A 25% buyer's premium (and Ontario HST tax of 13% ) will be added to all successful bids and is payable by the purchaser as part of the total purchase cost and will be added to the total of the invoice. A surcharge may be added for any third party online bidding platform that the bidder utilizes. Refer to your bidding platform of choice for the final buyer's premium. Sales Tax Unless the appropriate permits are on file with Storia, Canadian buyers or their representatives are responsible for paying the provincial sales tax rate applicable to their location. The winning bidder agrees to pay Storia the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by Storia five days before the sale date, or tax must be paid; only if such form or certificate is received by Storia within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be combined for sales tax purposes. Payment ? CREDIT CARD ? The credit card associated with your account will typically be charged 12 hours following the auction. Questions about payment? Call us at (905) 807-5084. Non-payers will be penalized. Storia will take the necessary legal steps to protect its interests. Non-paying bidders will be blocked from all future auction participation. AUCTION PICK UP Auction pick up is by appointment and must be within 4 business days following the auction closing. We are located at 37-41 Lakeshore Rd. W, Oakville. Please contact us at storiaauctions@gmail.com to schedule a date and time. Walk-ins are not permitted at this time. We will not be liable for any damage or injury to individuals or their property. No warranty on any item purchased. No claims allowed for any property and personal damage, or accidents occurred during pick up time. PACKING & SHIPPING ? It is the bidder's responsibility to consider shipping, handling & insurance costs when bidding on items. If you plan to pick-up your item(s) please notify us immediately and we will not add any shipping costs to your invoice. ? SHIPPING TERMS ? Storia will ship all items to the buyer at the listed address via Canada Post or other third party carriers. Any risk of loss or damage to the item(s) during transit by Canada Post or any other carrier is at the sole risk of the buyer. The buyer through the carrier should purchase additional insurance coverage. The buyer releases Storia from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defense, including attorney's fees, for any claims brought against Storia for loss or damage occurring during transit. ? COMBINED SHIPPING ? When possible we may consolidate multiple purchases in the same parcel to reduce shipping costs. However, it is the buyer's responsibility to pay for the shipping cost of every item purchased, as if they were being shipped individually. Combining shipments is an adjustment that takes place when we can determine which items (if any) can safely be shipped together. ? INTERNATIONAL SHIPPING ? Storia is an experienced international shipper. Please understand that we refuse, under any circumstance, to under-declare international purchases. Be aware that your international order may be subject to import charges/duties that are not included in our invoiced shipping charge. You will be responsible for these charges if applicable in your country. All shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. ? SHIPPING LARGE ITEMS (FREIGHT) ? When items are above a certain weight, length, or volume, it is the bidder's responsibility to arrange third party shipping. ? If you wish to arrange an alternative shipping method, you need to notify us seven (7) days in advance with the shipping company name, arrival date and time. The third party-shipping representative must bear a copy of the invoice. Personal pickups must be arranged in advance with Storia staff. Charges may apply for overtime hours. ? STORAGE FEE ? Storia charges $75/week for any items awaiting pickup for more than 15 days after the auction date. APPLICABLE LAW The laws of the Province of Ontario, Canada govern these terms and conditions. Each of the parties hereto hereby submits to the provincial courts located in Burlington, Ontario, for the exclusive jurisdiction of any disputes in connection with these terms and conditions. BINDING ARBITRATION Disputes related to these terms and conditions shall be resolved, and any relief sought (including equitable relief) may be granted, through binding arbitration. The cost will be split (50:50) between both parties. A winning party is entitled to recover its lawyer's fees, costs and expenses. LIMITATION OF LIABILITY You expressly understand and agree that the seller and it's Consignors shall not be liable for any direct, indirect, incidental, individual, property, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if you have been advised of the possibility of such damages), resulting from: the use or the inability to use the service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service. By registering you acknowledge and understand that the sellers (and consignors) shall not be liable for any direct, indirect, incidental, individual or property and/or other damages By bidding you are acknowledging agreement with the terms above. RETURN POLICY Storia enlists experts to provide careful descriptions of every item it represents. We ensure the descriptions are accurate and that they fully disclose any exceptions to condition. Buyers having paid within 7 business days must notify Storia with concerns within three calendar (3) days of receipt of their purchased item. Buyers who have not paid within the 7-day due date are not qualified to return purchases under any circumstances. No return can be accepted without a Storia-issued Return Merchandise Authorization Number (RMA#). Unauthorized returns will not be refunded. If authorized, the item in question must be shipped with the RMA# prominently displayed inside and outside of the package, with full insurance, so it arrives at Storia Auctions within one week of the return authorization.