Terms and Conditions: (Updated February 5, 2003)

1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Brunk Auctions or by any seller represented by Brunk Auctions.

2. If a lot is offered with a reserve, the reserve is printed following the description and bidding will begin at that price. All other lots are sold without reserve or minimum bids.

3. The auctioneer is the sole arbiter in case of any disputed bid. The auctioneer may reopen bidding at his discretion. We reserve the right to reject any bids deemed inappropriate. If an item is withdrawn from the auction it will be offered again only at the auctioneer’s discretion.

4. Payment must be made by cash, approved check, or Mastercard and Visa credit cards. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue buyer’s numbers or to withhold merchandise if appropriate credit is not established.

5. We do not offer credit. Payment for all purchases is expected at time of purchase. North Carolina law requires prompt payment to consignors. Extension of credit beyond this period would make it impossible for us to meet the required deadlines.

6. We are pleased to offer absentee and telephone bidding for prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form available on our website. All absentee bids are executed competitively and confidentially. In the case of identical left bids, the bid received first will prevail. Following are general guidelines for bidding increments:

$0-100 $10 increments
$100-500 $25 increments
$500-1,000 $50 increments
$1,000-3,000 $100 increments
$3,000-10,000 $200 or $500 increments
Above $10,000 $1,000, $2,000 or $5,000 increments

The deadlines for absentee and telephone bids are the closing of the day prior to auction day. All reservations for telephone bidding are held in the strictest confidence. In our experience, cellular phones are not always dependable, and we recommend reservations be made on land lines. Telephone bidding is offered only to clients beyond the 828 calling area. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute left bids or failed phone reservations. Submitting left bids or bidding by telephone does not imply an extension of credit. Please see Nos. 4 and 5 above.

7. Note to Internet Absentee Bidders. We do not accept cut bids, (bids less than the last interval) from the floor or from phone bidders, and similarly do not accept them from an Internet bidder. Thus it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less that the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation.

8. We may at our discretion and at a purchaser’s request, package and ship items as directed by purchaser. Purchaser agrees that packing and shipping is done at the purchaser’s risk and that the purchaser shall pay in advance all packing expenses, materials, carrier fees and insurance charges. Please allow two weeks from receipt of payment for shipping. Shipments of large items are the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. Brunk Auctions shall have no liability for any loss or damage to shipped items.

9. All purchases are subject to 7% North Carolina sales tax. Sales tax numbers from other states are accepted, but the resale tax form must be fully and completely filled out and received prior to time of purchase.

10. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Brunk Auctions may seek all remedies under the law including canceling the sale and reoffering the property without reserve.

11. A buyer’s premium of 10% will be applied to the purchase price of all items except those purchased through the internet services of Ebay Live Auctions. A buyer’s premium of 15% will be applied to those lots.

12. Purchased items not picked up from our auction facility within ten business days of the auction will be assessed a storage fee of $5.00 per day, per item.

Majolica figure of woman picking fruit f

Majolica figure of woman picking fruit f

516

4.6

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