Wally Schmidt's NorthEast Auction Associates

NorthEast Auction Associates The following can be amended by any posted notices or oral announcements during the sale. It constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by NorthEast Auction Associates (NEAA) and any consignor of such property for whom NEAA has acted as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale. TERMS AND CONDITIONS PLEASE READ AND FAMILARIZE YOURSELF WITH THE FOLLOWING TERMS AND CONDITIONS BEFORE BIDDING. PLEASE NOTE: This is a Catalogued sale and lots will be sold in catalogue order. 1.All items are sold "AS IS, WHERE IS" with all faults. Neither NEAA nor the consignor makes any warranties or representations of any kind expressed or implied or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. NEAA attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. In particular, conditions of art frames are not guaranteed. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact SHIPPER to file a claim. WE DO NOT GIVE REFUNDS! ALL SALES ARE FINAL! THERE WILL BE NO RETURNS. 2.The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on NEAA's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, NEAA's sale record is conclusive. **Note: Floor bidder's live bid will take precedence over Internet bidders if there is a tie in bidding. 3. The purchaser assumes full responsibility for items at the fall of the hammer. The buyer must immediately insure all items at the time of purchase. 4. NEAA'S personnel will execute phone and absentee bids in a competitive and confidential manner. Absentee and phone bid arrangements must be made 48 hours prior to start of the auction. All absentee bids start at a $100.00 minimum opening bid. Phone bids start at a $500.00 minimum opening bid. A representative will call you 3 to 5 minutes prior to desired lot being offered. Incoming calls will not be accepted. NEAA will not be responsible for failure to execute absentee or phone bids. 5. 20% BUYERS PREMIUM shall be added to the top bid to become part of the purchase price. BUYER'S PREMIUM DEFINITION: The Buyer's Premium is that portion of the commission, which is being paid by the buyer. It is clearly understood and agreed by both the buyer and the Seller that the Auctioneer and Broker represent the Seller only. 6. All lots are sold subject to New York State Sales Tax unless bidder has filled out a NEW YORK STATE SALES TAX EXEMPTION CERTIFICATE and has such certificate on file with Auctioneer. No Exceptions! 7. PAYMENT - For items bought through e-Bay Live Auctions or Live Auctioneers, it is the buyer's responsibility to contact NorthEast Auction Associates via telephone at 518-893-0674 within 72 hours of sale close. Failure to honor your payment with NEAA will result in a NPB being placed on your e-Bay account. See below for additional penalties. All items purchased via the Internet must be paid for within 5 days of sale close. Payment shall be made by US dollars, by money order, cashier's check, or PayPal. For international buyers the only forms of payment are cash, Western Union, international money order or Paypal. 10. SHIPPING - Buyer pays for all shipping costs. We don't ship. Items are shipped through A-1 Mail & Ship. Email a1vacuum@spa.net Phone: 518.587.8263, Chris. The fee to the buyer will include all shipping charges, insurance, materials etc. You must contact A-1 Mail & Ship immediately to make arrangements. NEAA will make every effort to ship your items within 21 days of our receipt of full payment. 11. NEAA reserves the right to withdraw any lot at any time before the auction without any liabilities. 12. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price. 13. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, NEAA at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. In the event a buyer initiates litigation against NEAA for any reason, then buyer agrees to reimburse NEAA for reasonable attorney's fees and/or costs incurred in any such action. In the event NEAA is required to initiate litigation and/or collection actions against a buyer, then the buyer agrees to reimburse NEAA for reasonable attorney fees and/or costs incurred in any such action, and further agrees jurisdiction shall be in Saratoga County, New York. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s) or to acknowledge bidding both in person and by any other means. No transfer shall be recognized from one buyer to another. 13. These terms and conditions of sale, as well as the respective rights and obligations of NEAA and any purchasers or bidder at any sale of NEAA, shall be governed by and construed and enforced in accordance with the laws of the State of New York. 14. Without exception, the auctioneer's interpretation of these conditions is final and binding on all bidders. NORTHEAST AUCTION ASSOCIATES may in its sole discretion waive any term of these Terms and Conditions of Sale to any party at any time without notice to the Purchaser. To protect the consignors' interest we may cancel the sale. The Purchaser agrees that NORTHEAST AUCTION ASSOCIATES shall not be liable for the waiver of any term hereof to any party Bidder does hereby indemnify and hold harmless auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction. Bidding Information: All lots will be sold in numerical order according to the catalog, and approximately 60 to 100 lots will be offered per hour. Bids will be accepted in whole dollar amounts only and using the bid increments listed below. All bids accepted at the auctioneer's discretion. Biding increments do not include buyer's premium, sales tax, insurance and/or shipping. Bidding Increments: Please make sure your bids fall within the proper increments. $0 - $99 ----------------------$10.00 $100 - $499 -------------------------$25.00 $500 - $999 ------------------------- $50.00 $1000 - $1999 --------------------- $100.00 $2000 - $4999 --------------------- $250.00 $5000 - $9999 --------------------- $500.00 $10000 - $24,999 ---------------- $1000.00 $25,000 - UP------Auctioneers Discretion