Berghoff estate auction

1. 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 in accordance with the “conditions of sale” as set forth below. You should contact Scheerer McCulloch Auctioneers, Inc. to resolve any questions before bidding. 2. All property is sold as-is, where is. Neither Scheerer McCulloch Auctioneers, Inc. (“Scheerer”, or the “Auctioneer”) nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at , or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. 3. All auctions are conducted pursuant to applicable laws and regulations of the State of Indiana. 4. Scheerer accepts cash, check or MC/Visa for payment. Personal checks will be acceptable only if credit has been established with Scheerer. Items paid for by check will be held by Scheerer until funds are confirmed by bank that they are in Scheerer bank account and irrevocable. The purchaser agrees to pay Scheerer a handling charge of $25.00 for any check dishonored by the drawee. Please contact Scheerer for additional payment methods. 5. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Scheerer may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser’s breach, (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale, (c) demanding specific performance from the purchaser and/or (d) collecting from purchaser all reasonable costs and attorney fees incurred in pursuit of the remedies set forth in this paragraph. 6. In no event will the liability of Scheerer to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 7. Some of the lots (very few) in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Scheerer below which the lot will not be sold. Scheerer reserves the right to execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the Auctioneer may reject any bid or raise not commensurate with the value of such lot. 8. Except as provided in paragraph 7 above, the highest bidder as determined by the Auctioneer shall be the purchaser. In the case of a disputed bid, the Auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The Auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $40,000 should make arrangements with the Scheerer at least five (5) days in advance of the sale, as a deposit may be required to participate. 9. All merchandise purchased must be paid for and removed from the premises the day of the auction. Scheerer may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed by the purchaser within five (5) business days after the date of sale. Scheerer shall have no liability for any damage to property left on its premises for more than three (3) days after the date of sale. At the option of Scheerer, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. Scheerer may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item not paid by the purchaser within thirty-five (35) days of the date of sale. 10. Items may be picked up at Scheerer McCulloch Auctioneers Fort Wayne, IN office (515 E. Paulding Rd, Ft. Wayne, IN) up to 5 business days after auction. Items that purchaser wishes to pick up at Scheerer office must be identified by purchaser to auctioneer on the day of auction or the items will be taken to 3rd party shipper with no notification to purchaser required. Items that need shipped will be handled by Scheerer McCulloch (small, flat rate items only) or our designated 3rd party shipper PakMail, Dupont Rd, Ft Wayne, IN (260) 637-4809. Scheerer McCulloch will determine what we will ship and what must go through our PakMail, no exceptions. The buyer is responsible for the shipment of all purchased property. As a convenience to the buyer, the Auction House will, without any consent, give your property to PakMail, Dupont Village, Fort Wayne, Indiana. You may obtain a shipping estimate from PakMail up until 48 hours prior to auction or AFTER you have successfully purchased and paid for the item. PakMail will contact you with an estimate for packaging and shipping via email or phone after the Auction House has been paid in full. PakMail will pack and ship via UPS, FedEx, or other carrier, fully insured, for a fee payable in advance by credit card or PayPal (PakMail uses PayPal, Auction house does not use PayPal). Buyer will be contacted within approximately 30 days for shipping arrangements, with shipping to follow. PakMail and Auction House are not responsible for any damage or loss that occurs while your objects are in another's care. The Auction House and PakMail will also NOT be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and Auction House/ PakMail will require a waiver from buyer acknowledging this. All international customs, duties, and other tariffs are the responsibility of the buyer. The selling price plus buyers premium will be the declared value for insurance, customs, duties and other tariffs during shipping in all cases. 11. Buyers premium: A 5% buyers premium will be charged on the final bid price to all who attend the live auction and an 8% buyers premium will be charged on the final bid price to online, telephone and absentee bidders. 12. Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, by internet, or other absentee bid. 13. Scheerer and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Scheerer expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Scheerer relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Scheerer and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 14. These conditions of sale shall be governed by the laws of the State of Indiana. The purchaser/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Scheerer in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of Indiana or any federal court sitting therein. The purchaser/bidder consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. 15. Scheerer reserves the right to withdraw any property before the auction. 16. Internet/online bids: Scheerer will use reasonable efforts to execute online bids, but Scheerer is not liable for equipment failure, inability to access the internet, software malfunctions or anything pertaining to executing online bids. Please note that there is a slight delay when bidding online, so please bid quickly. To reduce online bidders risk of not getting bids executed, auctioneer recommends online bidders to enter their bids online prior to the auction. 17. Auctioneer highly recommends pre-registration before auction prior to March 24th. Auctioneer cannot guarantee ability of the buyer to register on the day of the auction.

Local Taxes Apply