October 24 Auction - Consignments

CONDITIONS OF SALE These conditions of sale are ABC Auction and Consignor's entire agreement with respect to the property listed for sale by ABC Auction. The Conditions of Sale, and any of the contents of the sale listing, are subject to amendment by ABC Auction by the posting of notices online, or by oral announcements made by us during the sale. The property will be offered by us as agent for the Consignor, unless our cataloguing indicates otherwise. By participating in any sale, you acknowledge that you are bound by these Terms and Conditions. (1) AS IS. Goods auctioned may be of some age. All property is sold "AS IS" without any representations by ABC Auction or warranties by us or the Consignor as to merchantability, fitness for a particular purpose, the correctness of the catalogue, or other description of the physical conditions, size, quality, rarity, importance, medium, provenance, exhibitions, literature, or historical importance of any property. No statement anywhere, whether written or oral, made in the bill of sale, announcement, cataloguing, advertisement, or elsewhere, shall be deemed such a warranty, assumption of liability or representation. ABC Auction and the Consignor make no representations and warranties, express or implied, about whether the purchaser obtains any copyrights, including but not limited to reproduction rights in any property. ABC Auction, and the Consignor are not responsible for errors and omissions in the cataloguing, glossary, and any supplemental material. (2) WITHDRAWAL. ABC Auction reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. (3) PER LOT. Unless otherwise announced all bids are per lot as numbered in the cataloguing. (4) BIDDING. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has absolute and sole discretion in the case of error or dispute in relation to bidding, and whether during or after the sale, to determine the successful bidder, whether to re-open the bidding, to cancel the sale, or to re-offer and re-sell an item in dispute. If any dispute arises after the sale, the sale record of ABC Action is conclusive. ABC Action accepts no responsibility to bidders, in connection with permitting bidder's agents to bid and/or purchase any lot. By participating in this sale, you represent and warrant that any bid placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement, and are otherwise consistent with federal and state law. (5) PURCHASER'S RESPONSIBILITY. Subject to fulfillment of all the conditions set forth herein, at the conclusion of the auction, the contract between the buyer and consignor is concluded, and the winning bidder thereupon will immediately pay the full purchase price. Title in a purchased lot will not pass until ABC Auction has received the full purchase price in cleared funds. ABC Auction is not obligated to release a lot to a purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser's unconditional obligation to pay the full purchase price. In addition to other remedies available to ABC Auction, we reserve the right to charge a late fee of the annual percentage rate of Prime + 7 % of the total purchase price if payment is not made in accordance with the conditions set forth herein. ABC Auction reserves the right to refuse to accept payment from a source other than the buyer of record. Payment will not be deemed to have been made in full until ABC Auction collects good funds. (6) SHIPMENT OF PROPERTY. Unless otherwise agreed in writing by ABC Auction, all property must be shipped at the buyer's expense no later than 30 (thirty) calendar days following its sale. ABC Auction liability for damage or loss of sold property shall cease no later than 30 (thirty) calendar days after the date of the auction. ABC Auction is not responsible for the acts or omissions in our packing or packers of purchased lots, whether or not recommended by ABC Auction. Packing and handling of purchased lots is at the entire risk of the purchaser. (7) DEFAULT BY BUYER. If any applicable conditions herein are not complied with by the buyer, the buyer will be in default and in addition to any and all remedies available to us and to the Consignor by law, including, without limitation the right to hold the buyer liable for the total purchase price, including all fees, charges and expenses, we at our option, may cancel the sale of that or any other lot or lots sold to the defaulting buyer at the same or any other auction, retaining as liquidated damages all payments made by the buyer, or, resell the purchased property, whether at public auction or by private sale; or, effect any combination thereof, in any case, the buyer shall be liable for any deficiency, any and all costs, handling fees, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees, and expenses, collection fees, and incidental damages. (8) NONPAYMENT BY BUYER. ABC Auction may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us whether or not intended to reduce the purchaser's obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to ABC Auction. A defaulting buyer will be deemed to have granted and assigned to us a continuing security interest of first priority in any property or money of or owing to such purchaser. If the buyer fails to pay any or all of the total purchase price for any lot and ABC Auction nevertheless decides to pay the Consignor any portion of the sale proceeds, the buyer acknowledges that ABC Auction shall have all of the rights of the Consignor to pursue the buyer for any amounts paid to the Consignor, whether in law or equity. (9) TAX. If the buyer is located in FLORIDA and having the property shipped to FLORIDA, he or she will have to pay FLORIDA State Sales Tax. (10) GOVERNING LAW AND JURISDICTION. These Conditions of Sale and Terms of Guarantees, as well as the rights of ABC Auction, bidders and purchasers hereunder shall be governed by, construed and enforced in accordance with the laws of the State of FLORIDA. By bidding at an auction, all bidders, including the ultimate buyer shall be deemed to have consented to the exclusive jurisdiction of the state courts, and the federal courts, sitting in the State of FLORDA. (12) LIMITATION OF LIABILITY. In no event shall ABC Auction liability to a buyer exceed the purchase price actually paid. (13) DATA PROTECTION. By agreeing to these Conditions of Sale, clients agree to the processing of their personal information and also to the disclosure and transfer of such information to ABC Auction, its affiliates. ABC Auction will seek the client?s consent before gathering any sensitive data, unless otherwise permitted by law. Clients agree that ABC Auction may use any sensitive information they supply to ABC Auction.