Antiques-Estate Auction-A 105 Year Collection

Simond and Oakes Auctioneers and Appraisers LLC Terms and Conditions of Sale These Terms and Conditions of Sale are by and between those bidders and buyers, herein after called buyer, and Simond & Oakes Auctioneers & Appraisers LLC, herein after called Auctioneer. 1. INTERNET BUYERS PREMIUM: A BUYERS PREMIUM OF 22% WILL BE APPLIED TO THE SALE PRICE, TO BE PAID BY THE BUYER AS PART OF THE PURCHASE PRICE FOR BUYERS WHO PURCHASE ITEMS VIA THE INTERNET. Acceptable forms of payment: PayPal, Visa, Master Card, American Express, Discover. Personal and business checks NOT ACCEPTED. 2. The Auctioneer will hold items purchased until full payment is made by the buyer. 3. The Auctioneer reserves the right to reject any and all bids, set minimum bids, and determine bid increase increments. The highest bidder, as determined solely by the Auctioneer shall be the purchaser. In case of a disputed bid: the auctioneer shall have the sole discretion to determine the purchaser, and may also at his or her election withdraw the lot or re-offer it for sale or sell the lot to the second highest bidder if the highest bidder defaults. 4. All sales are AS IS and WHERE IS. Any description of the property by the Auctioneer or the Consigner of the property in the catalog or at the sale or on the bill of sale or on the invoice or any other statement is only an opinion and is not a statement of fact. No statement oral or written in the catalog, at the auction or elsewhere shall be deemed such a warranty or representation, or assumption of responsibility. The Auctioneer shall not be held responsible for any error or omission. The buyer should expect day to day wear and tear, and aging of items for sale. The Auctioneer reserves the right to make verbal changes or to provide additional information at the time of sale. All measurements are approximate. 5. All purchases are subject to the Massachusetts 6.25% sales tax. The buyer residing outside of Massachusetts is solely responsible to comply with the sales tax regulations of his/her home state. Sales taxes will be based on the total bid price, including the hammer price plus the buyer's premium. # 6 - NOTICE, NOTICE - Simond & Oakes Auctioneers & Appraisers LLC has changed the payment system for the sale, on November 1, 2020. We will be using the new Live Auctioneers payment system called 'Live Payments' for buyers to pay for your items. Live Payments accepts many credit and debit cards, including Visa, MasterCard, American Express, JCB, Discover, and Diners Club. The change requires you to do nothing now as you already have a 'Verified' credit card on file. Pay using 'Live Payments' at the end of the auction. Payment is due immediately upon sale. If the buyer fails to fully pay for any item within 7 days of the sale date and arrange for pickup or delivery of said item within 20 days then the buyer is considered to have abandoned the item, forfeits any deposit or payment made on that item, agrees said deposit or payment will be kept by the Auctioneer as damages and agrees the seller retains ownership of the item without further recourse by any party. After the 20-day period mentioned herein the Auctioneer will remove any abandoned items at the site at the estate at 19 Grant Street Spencer, MA. If the buyer fully pays for any item but fails to arrange for pickup or delivery of said item within 20 days then the buyer is considered to have abandoned the item, forfeits any payment made on that item, agrees said payment may be kept by the Auctioneer as damages. After the 20-day period mentioned herein the Auctioneer will remove fully paid abandoned item at the site at the estate at 19 Grant Street Spencer, MA and place the item into storage. The buyer may arrange to pick up any fully paid item, but the following charges will apply: a $100.00 charge for moving each item to storage plus $25.00 each month for each item for storage. 7. Local pick up of items by the buyer will be available on site at the estate at 19 Grant Street Spencer, MA on Saturday November 7, 2020 from 10am until 3pm, on Sunday November 8, 2020 from 10am until 3pm and on Saturday November 14, 2020 from 10am until 3pm. Any other local pickup must be arranged by the buyer with the Auctioneer and is not guaranteed beyond the days and times listed herein. No items will be removed without proper identification and a paid invoice. Payment will not be accepted on site. The buyer is solely responsible for providing any tools, labor, and any packing materials necessary to move purchased items off site. 8. Shipping is solely the responsibility of the buyer. The Auctioneer does not ship. Local pick up is strongly recommended. The Auctioneer has alerted the UPS Store at 482 Southbridge St., Auburn, MA 508-721-9600 that buyers may contact them for shipping items. It is the buyer's responsibility to contact and contract with this shipper or any other shipper. The Auctioneer does not guarantee that this shipper or any other shipper will contract with the buyer. Shipping insurance is strongly recommended and is the responsibility of the buyer. The Auctioneer shall not be held responsible for damages to any item(s) which occur during the transport, packaging, and shipping process or for item(s) lost or stolen during the transport, packing and shipping process. It is strongly suggested that buyers use the local pickup option for furniture purchases and purchases of other heavy objects as shipping furniture and heavy objects can be expensive. The buyer acknowledges and accepts that the Auctioneer has not weighed any items beyond certain jewelry items. 9. The Auctioneer will NOT TRANSPORT OR SHIP ANY ITEM identified as local pick up only, if any such items are listed as such in the auction. For items identified as local pick up only it is the buyer's responsibility to come to the site and pick up those items if any such items are listed as such in the auction. 10. If the purchaser breaches any obligations under the Terms & Conditions of Sale, including the obligation to pay in full for the purchase price of all items for which they were the highest successful bidder, the Auctioneer may exercise rights and remedies under the law, including without limitation: (1) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (2) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full for the purchase price, holding the purchaser liable for any deficiency, plus all costs of the sale. The Auctioneer shall have no liability for any damage to any item not paid for, and the Auctioneer shall have no liability for any purchased item considered abandoned as set forth in paragraph 6. 11. In no event will the liability of the Auctioneer to any buyer exceed the purchase price actually paid by such purchaser for such item. 12. Registering to bid on any item shall constitute your acceptance of these Terms and Conditions of Sale. Simond & Oakes Auctioneers & Appraisers LLC