American Art Pottery Auction

Terms and Conditions of Sale: All bidders are responsible for reading and understanding these Terms and Conditions of Sale, as well as any supplemental notices provided either in writing or verbally prior to the start of the auction. If you have any questions after having read the Terms and Conditions of Sale, please contact Greg Belhorn at Belhorn Auction Services, LLC at (614) 921-9441 or auctions@belhorn.com prior to the auction. Buyer's Premium & Payment: There will be a 10% buyer's premium for bidders purchasing items directly through Belhorn Auction Services, LLC via live, absentee or phone bid. The buyer's premium on property purchased on eBay Live Auctions will be 15% regardless of payment method. Sales tax will not be charged for this auction. All bidding will be in and must be paid in U.S. Dollars. We accept cash, check, money order, Visa, MasterCard. We also accept PayPal for eBay purchases. All payments must be made prior to any property being removed from the auction venue or our offices. Invoices are due immediately upon receipt. We reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received from eBay buyers within 10 (ten) days from the day we email the invoice, we will place a non-paying buyer notation on the buyer's account. If payment is not received within thirty (30) days of sale, Belhorn Auction Services, LLC reserves the right to do one or more of the following: 1> Void the sale. 2> Rescind the guarantee on any lots purchase and subsequently paid for (please see additional information under "Condition & Guarantee" below). 3> Deny future participation of non-paying bidders in future auctions. Bidding Increments & Bidding: Belhorn Auction Services, LLC and its auctioneer(s) maintain a fixed set of bidding increments. Bidders are asked to comply with these whether bidding in person or by absentee or internet bid. These increments are: $5 to $100 - bid in $5 increments $100 to $250 - bid in $10 increments $250 to $1,000 - bid in $25 increments $1,000 to $2,500 - bid in $50 increments $2,500 and up - bid in $100 increments All items will start at approximately 50% of the low estimate unless there are two or more absentee bids at a price higher than that. In that case the lot will normally open at a bid, which is one increment higher than the lower of the highest two bids. The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments. Absentee Bids: We accept absentee bids by phone, mail, email, fax, our interactive website or in person. Absentee bids are due no later than 24 hours prior to the auction unless otherwise noted. We highly recommend if faxing, mailing or emaling your absentee bids that you confirm receipt. All absentee bidding is handled as though you are in attendance; all absentee bids are bid competitively up to your maximum bid amount. Please check and comply with the above bidding increments before submitting your absentee bids. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. In the event of duplicate bids, the first bid received will be the bid that is given preference. We will maintain all absentee bidder names and amounts in the strictest of confidence. We offer absentee bidding as a convenience to our clientele and take all necessary measures to ensure accurate execution of such bids. Belhorn Auction Services, LLC is not liable or responsible for any errors or failure to execute an absentee bid as instructed. Live Internet Bidding: Belhorn Auction Services, LLC has engaged the services of eBay Live Auctions and Live Auctioneers as a courtesy for its clients who wish to bid and buy online. Please proceed to www.ebayliveauctions.com for all necessary information on how to bid and buy online using this system. The user of eBay Live Auctions and Live Auctioneers indemnifies and holds Belhorn Auction Services, LLC and its consignors harmless against any claim arising out of or resulting from your use of the eBay Live Auctions and Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Belhorn Auction Services, LLC and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. Reserves & Pre-Auction Estimates: Each item may have a confidential minimum reserve price established by Belhorn Auction Services, LLC and the consignor. Belhorn Auction Services, LLC prohibits consignors from bidding on their own property. Belhorn Auction Services, LLC may bid 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." Each lot meeting its reserve price 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. The pre-auction estimates provided are our opinion of what the property will sell for at auction. These estimates are opinion and were derived from prices paid at our or other past auctions, reference materials available on the subject property, or our subjective opinion as experts in the field. By no means are pre-auction estimates to be taken as a guarantee or warranty of the value or marketability of any particular item(s). Condition & Guarantee: If Belhorn Auction Services, LLC defines in their catalog a piece being "mint" it is understood that the lot is represented as being free of damage including cracks, chips, hairlines and repairs, unless otherwise stated. The term "mint" means the lot is in the same condition that it was at time of manufacture. A mint lot may contain crazing, base flakes or roughness from grinding, and manufacturing flaws including, but not limited to, clay separations, glaze misses, kiln flaws and stilt pulls. Any factory flaws that are considered, in our opinion, obtrusive will be noted. All sizes are approximate to within 1/8". Items described as "excellent" in condition may shows signs of use such as minor scratches to the glaze or base, but no overt damage. If a purchaser of any lot(s) alleges a problem of authenticity, genuineness, condition, or origin of a lot, where the description(s) was/were grossly and materially inaccurate and misleading and substantially overstated the value of the lot(s), the purchaser will have a reasonable time, which is defined as three (3) calendar days after receipt of property, to contact Belhorn Auction Services, LLC by phone, email or mail to convey such concerns. The purchaser must receive written permission to return the property to Belhorn Auction Services, LLC. Provided the lot(s) are returned, fully insured, within three (3) calendar days of receiving this permission in the same condition and packaging (holders) the lot(s) was/were in at the time of sale and proves the truth of such allegations to the satisfaction Belhorn Auction Services, LLC, the sale of such lot(s) will be rescinded. Belhorn Auction Services, LLC will refund the full purchase price, including hammer price, buyer's premium, postage and insurance costs paid by the purchaser to Belhorn Auction Services, LLC. Refunds shall not include costs of shipping, transportation, insurance, or other expenses that may have been incurred by the purchaser to return the lot(s). In the event that the purchaser's allegations cannot be confirmed upon inspection by Belhorn Auction Services, the lot(s) will be returned to the purchaser at the purchaser's cost. It will be the sole discretion of Belhorn Auction Services, LLC as to whether the lot will be taken back, resold, returned to the consignor or refused a return in the case that the purchaser's allegations of any problem(s) is/are unwarranted. Any guarantee extends to only the original buyer of record (that is, the registered bidder). For bidders making payment after thirty (30) days after sale, the above guarantee is null and void. Returns will not be accepted for any reason from bidders not making paymnet in full within thirty (30) days of the auction. Shipping: Belhorn Auction Services, LLC typically ships via UPS Ground with full insurance as a convenience to our buyers. We charge an all-inclusive flat rate per lot, which includes postage and/or shipping, full insurance and package fees. The following schedule details the all-inclusive fee for shipping to the 48 contiguous states: For pottery with a greatest dimension of less than fifteen inches (15"): $16.00 for the first lot and $10.00 for each additional lot. For lots with a greatest dimension of fifteen inches (15") or more and lots shipped to Hawaii, Alaska or international destinations are charged on a per lot basis that will be determined after the auction based on the lot's size, weight and the buyer's address. All shipping is handled by experienced staff and is not a profit center for Belhorn Auction Services, LLC. Every attempt is made to pass only the actual cost of shipping, insurance, packaging and handling to the buyer. Purchases are shipped on a "first paid, first shipped" basis. While we make every attempt to ship purchases quickly and safely, it may be three to five business days before your purchases are shipped. Disputes, Jurisdiction and Ohio Law: The laws of Ohio shall govern the auctions of Belhorn Auction Services, LLC. Any disputes that 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 Ohio 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 Ohio with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Belhorn Auction Services, LLC needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it Belhorn Auction Services, LLC shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. Belhorn Auction Services, LLC is licensed by and bonded in favor of the State of Ohio. Licensing and regulation is overseen by the Ohio Department of Agriculture, Enforcement Division, Auctioneer Program, 8995 E. Main St. Bldg. 1, Reynoldsburg, Ohio 43068. If any provision of portion of these Terms and Conditions of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms and Conditions of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.

No Ohio sales tax to be charged on purchases from this auction. Please be aware that sales tax may be due in your local state or municipality for purchases made via the internet.

The American Art Pottery Association's 2007 Convention will be held in the greater Cleveland area. The host hotel is the Holiday Inn - Cleveland SouthIndependence, 6001 Rockside Road, Independence, Ohio, 44131. The convention will run from Wednesday, April 25th to Sunday, April 29th, 2007. The American Art Pottery Association's mission is: -- To promote an interest understanding, appreciation, and recognition of American Art Pottery. -- To unify and strengthen the voice of collectors and dealers of American Art Pottery. -- To foster a members' Code of Ethics for buying, selling, exhibiting and publishing about American Art Pottery.