English and American Garden Antiques

Terms & Conditions of Sale 1. All property is sold AS IS/WHERE IS and all sales are final. While the Auctioneer will, to the best of his ability, describe the items for sale, there are no warranties, expressed or implied, that the property offered for sale is what it is described to be by the Auctioneer or the catalog. The bidder is solely responsible for determining the age, size, condition and value of the property before bidding. Neither the Auctioneer nor the Consignor will be held responsible for any descriptions of the rarity, quality, condition, size, importance, or provenance of the property, and no statement, whether oral or written, by the Auctioneer or by any representative of Kaminski Auctions shall be deemed a warranty or representation regarding the property offered for sale. ALL SALES ARE FINAL / NO RETURNS. 2. The buyer's premium on property purchased on Live Auctioneers will be in the amount of 18% of the final bid price. 3. The Auctioneer, at his sole discretion, reserves the right to reject any opening bid, which he feels is unacceptable or too low. The Auctioneer also reserves the right to withdraw any property before the sale. 4. Live internet bidding is available as a courtesy during the auction. Kaminski Auctions WILL NOT BE HELD RESPONSIBLE FOR LIVE INTERNET BIDS THAT ARE NOT SENT, RECEIVED, OR EXECUTED BY THE ADMINISTRATOR. 5. The highest bidder acknowledged by the Auctioneer will be the purchaser. In the event of a dispute between bidders, or in the event that there are multiple bids for the same amount due to the sequence and timing of bids received from floor bidders, online bidders, absentee bidders, and/or phone bidders, or in the event of doubt on the Auctioneer's part as to the validity of any bid, the Auctioneer will have the final discretion to determine the successful bidder, or the choice to re-offer and sell the property in dispute. In the event of a tie between an online bidder and a floor bidder, THE FLOOR BID WILL TAKE PRECEDENCE. The Auctioneer's decision will be binding and final. 6. Once the Auctioneer announces the word 'SOLD', title to the property will immediately pass to the highest bidder acknowledged by the Auctioneer. Once title to the property has passed to the highest bidder, such bidder (a) assumes all risks and responsibilities (b) will pay the full purchase price plus buyer's premium (c) will arrange for packing and shipping of said property. 7. All items must be paid for within 7 business days of the auction. Kaminski Auctions will email an invoice to all winning bidders within 48 hours of the end of said auction. Kaminski Auctions reserves the right to hold items paid by check until the check clears. There is a handling charge of $25.00 for dishonored checks. If payment is not made within the 7 day time frame, the Visa or MasterCard provided by the bidder before auction start will be automatically charged. 8. All purchases are subject to state sales tax unless purchaser has sales tax exemption number. Items shipped or mailed out of state are also exempt from sales tax. 9. All terms and conditions of sale are governed in accordance with the laws of the residing state. 10. Kaminski Auctions will provide the names of local shippers with whom the purchaser may deal directly. Payment must have been received and checks cleared prior to the release of property for shipping. Please see shipping instructions for details. 11. Bidding on any item indicates your acceptance of these terms and conditions of sale. AGAIN ALL SALES ARE FINAL.

All sales are final. There will be no refunds or returns. We do not guarantee the authenticity of items sold.

Approval is at the discretion of the Auction House. Live Auctioneers members should register in advance for this sale. Please be sure to include your complete information and agree to share this information with Live Auctioneers. Approval for bidding is at the discretion of Kaminski Auctions. In some cases, we may require you to provide additional information or complete an account approval form. If you do not provide the additional information we will not approve you to bid. Please note registrations are not approved during the course of the sale.

Your bid is a contract. Place a bid only if you are 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.

Massachusetts sales tax of 6.25% applies if you reside in Massachusetts. If you have a Massachusetts Tax ID number you must contact Kaminski Auctions to adjust your total amount due. LiveAuctioneers does NOT acknowledge you as a dealer with a Tax ID number, only as a Massachusetts resident.

We strongly recommend that you or your agent personally inspect all items before bidding. Any condition statement is given as a courtesy to a client. It is only an opinion and should not be treated as a statement of fact. Kaminski Auctions shall have no responsibility for any error or omission. 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. Kaminski Auctions cannot guarantee the age andor authenticity of items. It is entirely up to the bidder to determine age andor authenticity of items. Catalogs, including on-line catalogs and brochures are guides only and are based on sources believed to be reliable but their accuracy cannot be guaranteed.