Estate of Tim Donahue Auction

AUCTION BIDDING: This is a live auction as well as online with multiple bidding mechanisms. THE FINAL BID FOR EACH ITEM SHALL BE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Connecticut law will apply to all legal disputes. ALL BIDS ARE FINAL and irrevocable once submitted on line by computer. NO REFUNDS. All Sales are Final. A buyer' premium of 23% is added to the price knocked down by the Auctioneer for Online bidders. If you are the successful bidder on a lot at $100, your invoice will include a buyer's premium of $23 for a total of $123. Sales tax is applied as directed by the state of Connecticut. Due to the nature of this auction, Tim's Inc. Auctions will not be charging any seller's fees to the family of this estate. We are increasing our buyer's premium to 25% (additional 2% over stated buyer's premium of 23%). Thank you for participating in this once in a lifetime collection estate auction. ABSENTEE / PHONE BIDS /ONLINE BIDS: Absentee bids are accepted. Phone bids are accepted at the Auctioneer's discretion. Tim's Inc. Auctions shall not be held responsible or liable for bids that are missed or otherwise not executed. If you will be bidding online, please sign up prior to the start of the auction. If you sign up during the auction, your status may still be pending while the sale is in progress. We will review all pending registrations as quickly as possible during the auction, but make no guarantee that your registration will be accepted while the auction is in progress. Phone bidders are required to register for phone/absentee bidding no later than 3pm the day prior to the auction. Phone bidders will be called from the auction house. No incoming calls are taken for phone bids or condition reports the day of auction. As each item is sold the phone bidders agent will announce the bid price. Failure to immediately object constitutes acknowledgment of the purchase at the announced price. Phone bidders should confirm the hammer price after any successful bid. TERMS AND CONDITIONS OF AUCTION: Bid with confidence! Tim's Inc. Auctions is an established auction house in business for 36 years, since 1979. We value the trust put in us by both buyers and sellers. Bids accepted by the online bidding console may or may not be accepted by the auctioneer. THE FINAL BID FOR EACH ITEM SHALL BE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. The actual buyer and final bid shall be as recorded by the auctioneer, even if different from that recorded on the online system. By registering for this auction bidder agrees that Tim's Inc. Auctions shall be held harmless for any and all damages as a result of a clerking error on the online system. Bids on the floor generally take precedence. If you require further information please contact Tim Chapulis, Auctioneer at: (860) 459-0964, or by email: tims.inc@snet.net. We will respond to email by updating the ONLINE condition report - so please check there for your response. Requests that are too general won't be responded to when a condition report is already online. Requests for "more images" without specific requests won't be honored. We generally provide only overall condition reports on group lots and not individual images. ALL REQUESTS FOR IMAGES AND CONDITION REPORTS SHOULD BE MADE AT LEAST 48 HOURS PRIOR OF SALE. All items sold "as is where is" No returns or buy backs. Please inspect photographs closely as we try to describe all items thoroughly and will not be held responsible for any inaccuracies in description and or photographs. Though all description and commentary are believed to be correct, neither Auctioneer nor Consignor makes any warranties or representations of any kind with respect to merchandise with the exception of the catalog description which shall be honored with respect to age and origin and authorship of art works, and only to the extent that any such errors in the catalog description materially affect the value of such item. Condition reports are made to the best of our ability, but are not guaranteed. THE ABSENCE OF A CONDITION REPORT DOES NOT IMPLY THE LOT IS WITHOUT DEFECTS. Buyer shall not rely on the Auctioneer, employees, or advertisements in any part, and must rely only on the catalog description and his own inspection and opinion of all items. CATALOG DESCRIPTIONS MAY BE REVISED UP TO THE TIME OF SALE. No employee is authorized to make any warranties, expressed or implied, on behalf of Tim's Inc. Auctions. Warranty is limited to AGE, GENERAL ORIGIN AND AUTHORSHIP OF ARTWORKS. Additional description reflects our best opinion. All sizes and other measurements are approximate. Any and all claims made to Tim's Inc. Auctions or consignor regarding age, authenticity, origin, rarity, provenance, size, or other aspects of description must be made within 10 days of the auction date and in writing. IF ITEM IS BEING SHIPPED, IT IS THE BUYERS RESPONSIBILITY TO ASSURE RECEIPT OF ITEM IN TIME TO ACT ON WARRANTY SHOULD THERE BE AN ISSUE. Our warranty is limited to the selling price and to errors that are substantial to value and not already apparent in images provided. Claims must be made against the final catalog as revised by any addendum or auctioneer announcements. Claims may not be made against advertisements, website descriptions, or the preliminary catalog offered on our website. Items described as "possibly", "probably", "manner of", "style of" or "attributed to" are not guaranteed, but represent our best opinion. No guarantees are made as to condition. The Auctioneer is acting as agent only and is not responsible for acts of its principals. If any dispute arises, the Auctioneer's word is final. Where the Consignor is indebted to or has a monetary guarantee from Tim's Inc. Auctions, and in certain other instances, Auctioneer may have an interest in the offered lots and the proceeds there from other than its commissions, and may bid therefore to protect its own interests. Auctioneer reserves the right to withdraw any lots from the sale or cancel a sale at the Auctioneer's discretion at any time until payment is accepted from buyer. BUYER AGREES TO HOLD AUCTIONEER HARMLESS FOR WITHDRAWAL OR CANCELLATION OF SALE. The Auctioneer reserves the right to reject any bid or eject any person from the premises. Loading is the responsibility of the buyer. Tim's Inc. Auctions may offer assistance, Tim's Inc. Auctions and its employees shall not be held liable for any damages or accidents that may result from handling, lifting, moving, loading and packing of purchases. PAYMENT TERMS: ALL bids are final and irrevocable once submitted online by computer. Your bid constitutes a legally binding contract. If you bid on a lot and win (even if the bid was placed accidentally), you are liable for payment. NO REFUNDS. ALL SALES ARE FINAL. There will be NO exceptions! Payment must be paid in full within 5 business days of sale, NO EXCEPTIONS! Due to exorbitant WE DO NOT ACCEPT PAYPAL OR CREDIT CARDS OF ANY KIND. Payments accepted will be Wire Transfer, Cashier's Bank Checks, Postal Money Orders, personal checks, (must clear our banks prior to release to shipper). Any payments not received in 5 business days will result in a $50 late fee immediately added to invoice. All unpaid invoices will be turned over to our attorney for collection. Buyer will be responsible for all reasonable attorney's fees. Auctioneer may resell merchandise at public or private sale and retain 20% deposit as liquidated damages to all non-paid items. All late and non-paying bidders will receive negative feedback with their online bidding component. These fees and collection costs will not be waived unless released by Tim Chapulis, Auctioneer. WIRE TRANSFERS: Invoices over $1,000 Wire Transfer payment IS REQUIRED. Wire Transfer Instructions will be emailed after the auction. (Please note there will be an additional fee for wire transfers under $1,000 of $20). Wire transfer is the quickest and most convenient payment method for auction buyers. For invoices $1,000 and under: POSTAL MONEY ORDER OR CASHIER'S CHECK. WE DO NOT ACCEPT PAYPAL OR CREDIT CARDS OF ANY KIND. An additional $20 fee will be charged for wire transfers of funds under $1,000. For invoices above $1,000, we REQUIRE payment by bank wire transfer. Payments to be sent to: Tim's Inc., 1185 Farmington Ave., Bristol, CT 06010. INCLUDE a copy of your invoice and your shipping form (if you are having your items shipped). The shipping form can be found at our website. This will ensure that our shippers have ALL your information for coordinating shipping. If paying by wire transfer, please email a copy of your invoice and shipping form to: tims@timsauctions.com. Failure to comply will result in shipping delays of your items. If you are mailing payment using FedEx, UPS, any overnight delivery service, or special delivery - PLEASE DO NOT REQUIRE A SIGNATURE FOR DELIVERY. (If we have to track down packages or pick up at Post Office, this will slow the process and result in delay of shipping items). All items are sold AS IS, WHERE IS. ALL SALES ARE FINAL. Bidders failing to comply with Tim's Inc. Auction terms will be turned over to our attorney immediately. Buyer will be responsible for all reasonable attorney's fees and collection costs. SHIPPING / STORAGE AND REMOVAL ALL PAYMENTS ARE TO BE RECEIVED WITHIN 5 BUSINESS DAYS AFTER AUCTION DATE - NO EXCUSES! Prior to shipping or pick up of items, payments must be received in full and all checks cleared by our bank. NO items will be released without FULL PAYMENT. For any invoices totaling under $250 it is recommended purchases be sent to shipper for delivery. It is the buyer's responsibility to contact and arrange shipping of their items! Tim's Inc. Auctions suggests the following shippers: For larger items contact: Mike Stewart, S.T.E.W. Distinctive Furniture Transporting. 401-965-6468, stewedandfried@comcast.net. Mike Stewart has over 30 year experience and provides exceptional, blanket wrap, door-to-door service. For shipping of smaller items contact: Scott and Laura Woodall at WE PACK & SHIP: Phone 860-803-3935, email: wepackship@snet.net to set up shipping arraignments. To ensure proper shipping, please download, print, and send in our shipping form with your payment. This form is located at our website. This form must be accurately filled out and sent in with your payment, or your items will be set aside and shipped last if we have to take additional time to coordinate your shipping. Due to the nature of this auction, all items must be handled through our shippers. ALL INVOICES MUST BE PAID IN FULL prior to ANY items being shipped or picked up. Our shippers will not release items unless payment has been made in full with cleared funds. There will be NO exceptions, and any payment that is NOT received in 5 business days will be subject to a $50 late fee. If you plan on making hand pick up arrangements, your bill needs to be paid first! Please allow adequate time for shipping coordination and implementation after the auction. Items will be released for shipment only after payment has been received and cleared by Tim's Inc. Auctions. Due to the multiple estate items being auctioned, please allow adequate time for shipping of items to be completed. Any delays in payment or shipping information will result in significant delays in shipping your items. If arrangements can't be made within 10 days of sale, items will be removed and stored at the expense and risk of the buyer. This will include additional fees to cover staffing, packaging, and moving costs. After 20 days, an additional storage fee of $100 per lot plus $20 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 are sold AS IS, WHERE IS. ALL SALES ARE FINAL.

Due to the nature of this auction, Tim's Inc. Auctions will not be charging any seller's fees to the family of this estate. We are increasing our buyer's premium to 25% (additional 2% over stated buyer's premium of 23%). Thank you for participating in this once in a lifetime collection estate auction.

We strive to provide accurate, objective and fair information on all lots for sale, and we are happy to provide condition statements as a courtesy to our clients. Please keep in mind that any condition statement is merely an opinion, not a statement of fact, and all lots are sold as is. Tim's Inc. Auctions shall have no responsibility for any error or omission and neither Tim's Inc. Auctions 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 the 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 the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.