Weekly Auctions of Exceptional Items
Winter Garden, FL, United States
DoneWed, Aug 25, 2004 5:00 PM GMT
Exceptional 2 Day Antique & Estate Auction
Banks, Battery Operated Toys, Candy Containers, Fishing Items, Flo Blue & China, Porcelain Figures, Elegant & Depression Glass, Tumblers, Clocks, Jewelry, Black Americana, Oil Paintings, Water Color Paintings, Prints & Lithos, Books, Victorian Furniture, Oriental Rugs, Quilts, Coverlets, Lace Tablecloths, Cut Glass, Pottery, Sterling & Coin Silver, Lamps, plus much much more.
Auction & Auctioneer Information
The items for this auction can be viewed at the auction location: For the August 25th auction, preview begins at 8 a.m. For the August 26th auction, preview begins at 8 a.m.
Terms & Conditions
Terms of Sale All bidders are responsible for reading and understanding these Terms of Sale, as well as any supplemental notices. If you have any questions after having read the Terms of Sale, please contact us at email@example.com or 888-888-8385. -------------------------------------------------------------------------------- Terms of Sale: 1. General Each lot in this auction is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. Webb’s Auctions retains all rights to copyright and other intellectual property contained in this auction. 2. Buyer’s Premium, Purchase Price, Taxes, and Billing Buyer’s Premium: All bidding at auction and all purchases will be in U.S. Dollars. A buyer’s premium in the amount of 17% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction via the Internet with payment involving credit card. A buyer’s premium in the amount of 15% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction via the Internet with cash, money order or check payments. Purchase Price: Upon the announcement by the auctioneer, the successful bidder becomes the purchaser and is responsible for the amount of the successful bid, the buyer’s premium, applicable taxes, and other charges provided for in the Terms of Sale. Taxes: Applicable taxes shall include Indiana sales tax (6%), use tax, excise tax, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from Indiana sales tax by U.S. dealers. No Indiana sales tax is charged for purchases shipped out of state. Billing: All successful bidders will be sent invoices by mail or email within 7 days of the end of auction. 3. Methods of Payment and Fees Acceptable methods of payment: Cash. Check. Money Order. Visa, MasterCard, Discover. Payment from absentee, Internet and phone bidders is due within 72 hours of notification of successful bids. All other payments are due upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared. Late Payment Charge: If payment is not received within thirty (30) days of sale, Webb’s Auctions, reserves the right to impose from the date of sale a late charge of 1 1/2% a month of the total purchase price and deny all future credit. 4. Qualifying to Bid New Buyers: If you are not known to us, you may be asked to furnish identification, a valid credit card number, and, possibly, credit references. If you are acting as another’s agent or principal, we may request a letter of authorization. If paying by check, you must establish credit at least three (3) business days prior to the auction. A letter from your bank, presented before the sale, may also be accepted, at our discretion, although we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these terms of sale. 5. Bidding Increments: 0 – 49 = $ 5 50 – 249 = $ 10 250 – 999 = $ 25 1000 – 1999 = $ 50 2000 - 4999 = $ 100 5000 – 10000 = $ 250 The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments. 6. Absentee Bids We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids are requested no later than 5:00 p.m. the day before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We will buy all designated lots for you at the bidding increment just above where competition stops. Please check and comply with these increments. All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $400–$600, with no reserve, will normally open at $200. If there are two absentee bids for $300 and $500, the lot must sell for $300, even if there is no further bidding from the phone, later absentee ballots, or from the live audience. In such a case, we will open the bidding at close to the low estimate.) "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Webb’s Auctions is not liable or responsible for any errors or failure to do so. 7. Telephone Bids Determine the lots on which you most want to bid before contacting us. If you need condition reports, please request and review them prior to making a bid. We will call you at one phone number ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be any problems with telephone connections. Your phone number and lots will be confirmed the day before the auction. Please do not change your phone number after your phone lines have been confirmed; if you do, Webb’s Auctions will not be responsible for any breakdown in communications. We strongly recommend land lines, as, to date, they are more reliable than cellular phones. One of the reasons people bid by phone is to monitor how much they're spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. Bids are placed on the telephone at the discretion of Webb’s Auctions, and at the caller’s risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Webb’s Auctions is not liable or responsible for any errors or failure to do so. 8. Auctioneer’s Determination Final A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale c) reject or challenge any bid or advance in the bidding, and d) otherwise regulate the bidding and its increments. 9. Reserves A reserve is the confidential minimum price established between Webb’s Auctions and the consignor. Webb’s Auctions prohibits consignors from bidding on their own property, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in. 10. Estimates The estimates provided in this auction are our opinion of the price that a willing buyer would pay for the Property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference. 11. Withdrawal of Property from Sale Webb’s Auctions reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. 12. Warranties and Guarantees All items are served "as is, where is," except as expressly stated otherwise in this paragraph. General: All information in the auction and catalog concerning: age, authenticity, genuineness, quantity, period, culture, source, or origin is warranted for a period of ten (10) days from the date of sale by Webb’s Auctions, except as excluded below. This warranty extends to only the original buyer of record (that is, the registered bidder). Size is approximate. All ceramic and glassware lots are represented as being free of cracks, chips, hairlines and repairs, unless otherwise stated. The terms "perfect," "mint," and "pristine" indicate that the lot is in the same condition that it was at time of manufacture. Exclusions and Limitations: This Warranty does not cover: a) Wear, minor, imperfections or factory flaws b) Any description which states (or is bracketed in a section described as) "as-is" or "not guaranteed"; c) Subsequent owners or assigns of the Property, This disclaimer of liability on our part applies whether the information is included in the Catalog, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral. 13. Condition Reports Condition reports are statements of opinion by the staff of Webb’s Auctions, and/or independent consultants, it is not a warrantee. 14. Rescission by Purchaser If within a reasonable time, not to exceed ten (10) calendar days after the sale, the original purchaser a) gives written notice to Webb’s Auctions, alleging that the age, authenticity, genuineness, quantity, period, culture, source, or origin as set forth in the terms of sale and warranted by Webb’s Auctions were materially inaccurate and misleading and substantially overstated the value of the Property, and b) receives written permission to return the Property from Webb’s Auctions and c) returns the Property with five (5) days of receiving this permission and in the same condition it was in at the time of sale and d) proves the truth of such allegations to the satisfaction of Webb’s Auctions, the sale of such lot will be rescinded. If Webb’s Auctions has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Webb’s Auctions will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance, or other expenses, which may have been incurred by the purchaser. If Webb’s Auctions has paid the consignor the amounts due consignor as a result of the sale, Webb’s Auctions will (i) refund to the purchaser the amount of the buyer’s premium and applicable taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Webb’s Auctions shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Webb’s Auctions rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Webb’s Auctions shall have no further liability to purchaser or responsibility to pursue the purchaser’s claim. Webb’s Auctions, will extend reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Webb’s Auctions This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the Property which gives rise to the claim. Purchaser acknowledges and expressly agrees that the provisions of the paragraph state the sole and exclusive remedy available to a purchaser in the event of nonconformity in Property purchased. The purchaser understands and agrees that the exclusive remedy for any breach of the warranty shall be a rescission of the sale and a refund of the original purchase price (bid plus buyer’s premium), as well as any applicable taxes paid. Neither Webb’s Auctions nor its consignor shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the purchaser or otherwise. 15. Rescission by Webb’s Auctions In the event Webb’s Auctions receives notice of an adverse claim with respect to purchased Property, Webb’s Auctions shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the purchaser, upon written notice to the purchaser. Upon such notice, the purchaser will promptly return the purchased property to Webb’s Auctions premises in the same condition as when purchased. Webb’s Auctions will then promptly refund the purchase price, including the buyer’s premium and applicable taxes paid. Purchaser will have no further recourse against Webb’s Auctions or the consignor, and Webb’s Auctions and the consignor shall not be liable for any damages of any nature suffered by the purchaser. 16. Payment, Collection, and Shipping Responsibilities of Purchaser Purchaser Obligations: On the fall of the auctioneer’s hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the purchaser of the Property. The purchaser assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer’s premium, applicable taxes, and any other associated expenses. Collection of Property and Storage Charges: The purchaser will pay for and remove the purchased Property from the premises of Webb’s Auctions facilities the day of the auction if bidding in person. Webb’s Auctions may, at its discretion, remove the purchased Property to public storage at the purchaser’s risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released. Packing and Shipping: The purchaser is responsible for the shipment of all purchased Property. As a convenience to the purchaser, Webb’s Auctions will, if requested, pack and ship or arrange shipment for you almost anywhere in the United States, fully insured, for a fee. Shipments are usually made within thirty days after payment has been received. (If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another’s care. Shipping smalls: A "small" is anything that can be shipped by common carrier such as UPS, Federal Express, or the U.S. Mail service. Webb’s Auctions ships smalls via UPS, fully insured, for an additional fee covering labor and materials. Packages are sent ground to any destination that can be reached in three days or less by UPS or three-day air UPS if beyond that. FedEx can be used if you are in a hurry and have an account with them that you wish to charge. (Note that FedEx does not insure antiques with a value in excess of $500.) The U.S. Post Office is used on lighting shipments or by special request. Shipping larger items: Larger items are objects such as furniture or any other item whose safe packing will exceed the limits of common carriers. Again, we can arrange delivery by freight almost anywhere in the United States, fully insured, for a fee. The delivery of large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding. We will work with any shipper of your choosing. 17. Purchaser Default Remedies: If any of the Terms of Sale are not fully complied with by the purchaser, the purchaser will be in default without need of notice by Webb’s Auctions. The purchaser shall be liable to Webb’s Auctions and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to Webb’s Auctions by law, Webb’s Auctions may, at its option, a) cancel the sale of the lot(s) on which the purchaser defaulted and of any other lots sold to the defaulting purchaser at the same or any other auction(s) and retain as liquidated damages all payments made by the purchaser, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the purchaser will be responsible to Webb’s Auctions and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys’ fees, collection fees and expenses, late charges, and other damages. Webb’s Auctions may, at its discretion, apply any proceeds of sale otherwise due to the purchaser or monies of the purchaser in Webb’s Auctions possession to reduce or satisfy the purchaser’s obligations. Security Interest: As security for full payment to Webb’s Auctions and the consignor of all amounts due, the purchaser grants and Webb’s Auctions retains a security interest in the Property purchased at auction and in any other property or money of purchaser in Webb’s Auctions possession or coming into Webb’s Auctions possession (collectively, "collateral"). Webb’s Auctions shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Property is physically delivered to the purchaser or the purchaser’s agent. 18. Governing Law and Forum for Disputes The laws of Indiana shall govern the auctions of Webb’s Auctions. Any disputes, which may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions, set forth herein above, shall be governed by and construed in accordance with Indiana law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Indiana with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Webb’s Auctions needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it, Webb’s Auctions shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. 19. Limitations of Liability Webb’s Auctions acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor. 20. Export or Import Export or Import: An export license may be required for the export of certain materials. Some countries prohibit the importation of certain materials. it is the sole responsibility of purchasers to familiarize themselves with any required license and import/export requirements. Webb’s Auctions will have no responsibility with regard to these matters.
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