The Musician's Fan Estate in Toms River

Arkay Resale Inc./PremiumSold TERMS & CONDITIONS OF SALE: Items Will Be Available for Pick-Up Tuesday, September 10 & Wednesday September 11 from the Tom's River location from 12 PM to 4 PM. The property listed in this auction catalog will be offered by Arkay Resale Inc./PremiumSold Auctioneers (PremiumSold) as owner or as agent for their consignor(s) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of PremiumSold by placing a bid, whether present in the live auction saleroom or by any other means like an online auction; the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale: 1.) All property is sold in "as-is" condition and all sales are final. All auctions will be represented/photographed and described to the best to our ability- but it?s up to the bidder to make their own judgements and assessments. Neither PremiumSold nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. All property will be represented as honestly as possible disclosing any positive or negative attributes, however obvious or not they may appear. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder. 2.) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to resell the disputed lot. If a dispute arises after the sale, PremiumSold?s record of the successful buyer and final sale price shall be conclusive. We reserve the right to withdraw, combine or divide any lot at any time before bidding commences. 3.) The auctioneer has sole and exclusive discretion and authority to regulate the bidding increments as outlined and detailed in any particular auction. 4.) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in". 5.) Absentee, telephone, and Internet bidding may be offered as a convenience to our customers on particular auctions/venues and while we will make every effort to carry out your instructions, PremiumSold cannot be held responsible for errors and omissions resulting in failure to execute your absentee and/or telephone bids, if offered at all. 6.) Users of third-party internet bidding services shall indemnify and hold PremiumSold and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall PremiumSold 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 Internet Bidding Services. 7.) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any recommended agent of PremiumSold shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser or chosen agent. PremiumSold shall not be liable for any loss or damage that may be caused by such hired agent. Under no circumstances will PremiumSold liabilities to a purchaser exceed the purchase price actually paid. 8.) The purchase price of each lot shall be the amount of the successful bid plus up to a twenty five percent (25%) buyer's premium. The exact buyers premium charged will be posted at each auction/venue. Most likely a twenty percent (20%) buyers premium will be the norm. Unless exempt by law, all purchases, including buyer's premium, are subject to all state and local taxes applicable at the time of payment. 9.) All payments are due immediately upon receipt of invoice. Payments will be accepted by cash, bank transfer, or PayPal. Non-US purchasers must make payment using a US-dollar denominated method. Credit card payments (with a chip only) are also accepted in person, but only under the following conditions: the invoice is less than $2,000; and the credit card is swiped/dipped and an original signed receipt can be obtained at the time of the transaction. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. PremiumSold reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay PremiumSold a handling charge of $35 for any check returned for insufficient funds. A service charge of 1.5% will be added each month to unpaid balances beginning 30 days after the sale date. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser. 10.) Arkay Resale Inc. and PremiumSold Auctioneers in most cases does not ship property or merchandise/room contents and certain box lots. The purchaser must pay for and remove all property from the auction location (site) at his/her risk and expense. The exact address and location will be disclosed upon winning an auction. Buyers are welcome to use a pack/ship professional of their choice (we will gladly recommend a few good, local ones we deal with) or to collect their purchases in person, by pre-arranged appointment, at the auction location (?site?) within five business days (5) following the auction event. If PremiumSold is to transport the unpacked item to a chosen pack/ship professional, a $20 handling/transport/storage fee will be added for the first lot, and $5 each additional lot to move/arrange with an agreed shipping professional. All purchases not removed off ?site? within that timeframe will have to make special arrangement for the storage/packing and shipment of that item and or lots at extra expense and or fees. 11.) If any applicable conditions contained herein are not complied with by the purchaser, PremiumSold may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost. NOTE REGARDING ANIMAL MATERIALS Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description.