Terry's Estate Private Collection Sale

TERMS AND CONDITIONS OF SALE All property in the sale is offered according to the following terms and conditions and is applicable to all bidders, including Internet bidders. 1. All property is sold "as is", "where is", with any and all faults. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Auctions by Terry, shall have no responsibility – holds harmless 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. ALL SALES ARE FINAL. NO REFUNDS, RETURNS, EXCHANGES, OR REFUSALS. There are no warranties or representations of merchantability, of fitness, nor of any kind, express or implied. Your bid will signify that you have examined the items as fully as you desire, or that you have chosen not to examine the item. Auctions by Terry, is not responsible for any variations in appearance of online photographs. Due to various monitor settings some colors may appear different in person than online Auctions by Terry, is not responsible. 2. All statements contained in the catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, count, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Auctions by Terry, is authorized to make on their behalf or on that of the property owner any representation or warranty, oral or written, with respect to any property. 3. A bid shall be conclusive proof that the person has made themselves acquainted with these conditions of sale and has agreed to be bound by them. Auctions by Terry, is not responsible for retracting or canceling bids on live auctioneers. If an online bidder wishes to cancel or retract a bid that is solely done through live auctioneers. If a bid is not retracted or canceled prior to auction then the buyer is responsible for the transaction. 4. The buyer shall be the highest bidder. Should a tie or dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding between the two high bidders until the property is sold. 5. The price recorded by the auctioneer and/or auction clerk takes priority and will be official. 6. Before any purchases are allowed to be removed, full payment must be made in cash, cashier check, wire transfer, credit card or other means as announced by the auctioneer before the sale. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Auctions by Terry, reserves the right to hold purchases where payment is made by check until notified by the bank that the check cleared. Auctions by Terry, reserves the right to require a bank check or wire transfer for large purchases. 7. All invoices must be paid no later than the 5th business day following the conclusion of the auction. A dispute will be entered for any invoice not paid within 5 business day. Any invoice not paid will be put into collections. A collector may contact buyers that owe Auctions by Terry, in the attempt to collect a debt. If an invoice is paid from collections an additional 20% collections fee will be added to the total invoice. 8. Upon the fall of the hammer or when the Auctioneer says, "SOLD," title on the property shall pass to the highest bidder, who thereupon assumes full risk and responsibility. All lots shall be removed from the premises by the purchaser at his own risk and expense within the time period announced by the auctioneer, and if not removed, may be sent by Auctions by Terry, to a storage facility, for the account, risk and expense of the purchaser. 9. Art Everywhere Auctions, reserves the right to pass or withdraw any lot before or during the sale. 10. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Auctions by Terry, and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the bid price. Art Everywhere Auctions, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property publicly or privately, and in such event, the purchaser shall be liable for the payment of any deficiency plus all costs, including storage, the expense of both sales, Auctions by Terry, commission at its regular sale and all other charges due hereunder, and incidental charges. 11. It is our policy to protect the identity of any and all bidders and Consignors at our sales, whether the bidder or Consignor is present or has left an execution (absentee) bid with the Auctions by Terry 12. A 20% buyer's premium will be added to the sale of each lot, plus applicable taxes, unless exempt by law. Auctions by Terry, does not currently accept PayPal. We accept American Express, personal or company check, bank wire transfers, certified check, and money order. 13. Auctions by Terry, is not liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise) whether or not due to Auctions by Terry, fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity. 14. Use of LiveAuctioneers.com allows bidders to enter bids "live," that is, as property is offered for sale, just as if the bidder is present at the sale. 15. Bidders must register with LiveAuctioneers.com to participate in online bidding. 16. You hereby authorize Auctions by Terry, to verify the information you have provided with the appropriate third parties. 17. Auctions by Terry, Terms & Conditions define and control the relationship with our clients, despite the bidding venue or method the bidder employs. In the case of any disputes or conflicts between our Terms and Conditions and those of LiveAuctioneers.com, Auctions by Terry, Terms and Conditions control. 18. Successful Internet bidder's purchases will be charged to their credit card 24 hours after receiving an invoice from Art Everywhere Auctions, unless other approved arrangements have been made. 19. Auctions by Terry, is not responsible for any variations in appearance of online photographs. 20. Under limited circumstances and at the discretion of Art Everywhere Auctions, a restocking fee of 30% of the total winning bid may be accepted by the auction house to cancel a winning bid. The buyer is responsible for paying any freight costs for any returned merchandise accepted by the auction house. 20. Condition statements are given as a courtesy to the client, and are only an opinion and should not be treated or relied upon as a statement of fact. Auctions by Terry, shall have no responsibility or liability 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. 21. Purchaser is responsible for all costs of shipping and making arrangements for shipping with Auction House shipper. Auctions by Terry, will take buyer’s merchandise to our shipper once buyer has completed payment to auction house. The shipper will then contact buyer to make arrangements to ship, and buyer will pay shipper directly for any and all shipping costs. Auction house will not invoice or accept payment for shipping charges under any circumstances. Once items have been delivered to the shipper, auction house is released of any and all responsibility and liability for those items. Buyer must allow 2 to 6 weeks for delivery of their merchandise from the date of payment to the auction house, provided buyer completes payment to shipper within 5 days of shipper’s receipt of merchandise. Auction house will not be responsible for delayed receipt of items that are a result of arrangements or negotiations with shipper. Auctions by Terry, is not responsible for any international customs or duties owed. 22. The auction house and their respectable consignors may cancel an invoice or withdraw any lot won for any reason. 23. It is further agreed by signing up for an auction; the user has read, understood and accepted the terms and conditions.