Atwater Estate Antiques and Collectibles

Terms & Conditions. 1. Specialists of the South, Inc., herein after referred to as The Specialists has endeavored to accurately describe all items being sold whether in this format or in any other advertising. Stated measurements are approximate. Wood designations are based only on visual examination and identified on an "appears to be" basis. All items are sold as is, where is, with all faults. There are no warranties, guarantees or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. The Specialists shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. If estimates are provided they are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement, written or oral, made by the Auctioneer or his Agents shall be deemed a warranty or assumption of liability by The Specialists or by any seller represented by The Specialists. The Specialists reserves the right to withdraw any property before the sale. The preview for the sale will be one day before the sale, or by appointment. 2. The Auctioneer is the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying "sold". We reserve the right to reject any bids deemed inappropriate. If an item is withdrawn from the auction it will be offered again only at the Auctioneer's discretion. Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once title has passed. 3. Payment may be made by cash (In House Only), pre-approved personal check, bank wire transfer, or MasterCard/Visa/Discover/American Express credit cards with identification. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a "bank letter of guarantee" from an officer of your bank on original stationery to The Specialists of the South, Inc. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established. The Specialists reserves the right to hold all merchandise paid for by check until such check has cleared and receipt of funds is verified. If a check is dishonored for any reason, The Specialists will charge the maximum returned check fee allowed under Florida Statutes. Furthermore, dishonored checks that are not redeemed in full, services charges included, within ten (10) business days, of your notification of the dishonor, may be turned over to the Florida State Attorney for prosecution. Payment for all purchases is expected at time of purchase. Payment for successful absentee, phone bids, and Internet bids must be settled by the end of the sale. 4. The buyer's premium on property purchased at The Specialists Auctions will be in the amount of 18% of the successful high bid if payment is made by certified funds/Bank wire transfer. (The "Sales Price" is the hammer price plus the buyer's premium, plus applicable taxes). All bidding at auction and all purchases will be in U.S. Dollars. A 10% buyer's premium will be charged to all floor bidders and an 11% buyer's premium will be charged to phone, internet, and absentee bidders if payment is made by cash/check/charge cards/personally presented certified funds/bank wire transfer (in House Only). 5. All items for this auction are located in Panama City, Florida, U.S.A. The purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay all packing and shipping expenses, including but not limited to, materials, carrier fees and insurance charges. Arrangements must be made by the purchaser for shipping large items such as furniture and artwork. We are willing to provide names of a carrier and shippers in advance if a purchaser so requests. The Specialists will have no liability for loss or damage to shipped items. Items must be paid for in full before they are shipped. Any shipping estimates given are estimates, and are based on shipping within the Continental United States. Delivery and storage shall be available at purchaser's expense and risk. Otherwise, all property must be removed from the premises within two (2) hours of the sale conclusion on the day of the sale. If any employee or agent of The Specialists shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and The Specialists shall not be liable for any loss or damage that may be caused by such employee or agent. 6. All purchases are subject to 6% Florida sales tax unless the Florida Department of Revenue Blanket Certificate of Resale form is fully and completely filled out, along with a copy of the resale certificate from your state and received prior to time of purchase. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. For The Specialists Auctions bidders, we must charge sales tax if the buyer lives in Florida or picks up in Florida. Lots shipped out of state are not subject to FL state sales tax. The Bidder agrees not to stop payment on checks or disallow a sight draft and is responsible for any expenses due to collection of a dishonored check. In the event of non-payment or dishonored check, The Specialists reserves the right to repossess, at any time, at your location, the merchandise involved. 7. Absentee/Telephone/Internet Bidding: As a service to our customers, The Specialists will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the absentee bid form provided. This form should be clearly and completely filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. If two absentee bidders bid the same amount, the first received will be honored. Telephone bidders also should submit a completed absentee bid form. Upon receipt of a properly executed bid form, we will make arrangements to call you just prior to your lot(s) of interest being offered. Please note that we will have limited time to try calling you once. Make sure that the phone number you have given us is correct and that your line will be open during the auction. Successful buyers will be notified within three (3) days of the sale. The Specialists will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee and phone bids will not be accepted after 12 pm on the Friday prior to the sale. All Specialists Auctions bidders will require registration. There are no guarantees of successful registration for those bidders attempting to register within 48 hours of the sale. Please contact us directly at (850) 785-2577 to register. Your bid is a contract. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property. Your registered credit card will be used as payment, unless an alternative method of payment is provided. Please contact The Specialists to resolve any questions before bidding. 8. In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, "Sold". The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, 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 own risk and expense. 9. The Auctioneer reserves the right to accept or reject bids in any increment which the auctioneer deems to be in the best interest of the client, the seller. Absentee and phone bidding for prospective bidders are offered for those who cannot be present at the auction. Please complete the Absentee Bid/Phone Reservation form. Absentee bids left with us are executed competitively and confidentially. Bids left with The Specialists Auctions are not executed until the item is offered in the live auction and the order in which they are received is not a factor except under conditions noted in paragraph 7. We target to sell 70-80 lots per hour. Following are general guidelines for bidding increments: $0-$99 $10 increments $100-499 $25 increments $500-999 $50 increments $1,000-2999 $100 increments $3,000-10,000 $200 increments We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. 10. Injury and Damage: The Bidder acknowledges responsibility for any personal injury or property damage caused by the Bidder or his Agent. Bidder further agrees to hold The Specialists harmless from any personal injury to himself, his Agents, or any of bidder's purchased property incurred on auction premises. 11. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us: The Specialists of the South, Inc., 544 E. Sixth Street, Panama City, FL 32401, phone (850)785-2577, fax (850) 872-8662 or email at specialists@knology.net. Telephone inquiries may be made between 9am and 5pm CST, Monday - Friday. 12. The laws of the State of Florida shall govern these terms and conditions and the relationship of the parties. Any legal action taken with regard to these terms and conditions shall occur in Bay County, Florida. In the event that any action, suit or other proceeding is initiated concerning or arising out of any transaction between bidder and The Specialists, The Specialists shall recover costs and attorneys' fees incurred in each and every action, suit or other proceeding, including any and all appeals or petitions therefrom from bidder. As used herein, "attorneys' fees" shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorney performing such services.