Daniels Estate Auction

IMPORTANCE OF TERMS Please take the time to read the following set of terms and conditions for the auction. By obtaining a Bidder Number, you acknowledge that you have read and agree to these terms and conditions. CONDUCT OF THE AUCTION AUCTIONEER Leland J. Little, NCAL#6139; NCFL#7452. The auctioneer always reserves the right to withdraw or bid on a lot for any reason he deems appropriate, including any lots that may or may not have a reserve, or if there is a lack of bidding interest. Bid approval and acceptance on any bidding platform is at the sole discretion of the auctioneer. CONDITION OF ITEMS BEING AUCTIONED Leland Little Auctions, Ltd. ("LLA") has endeavored to accurately describe the items being auctioned, but all property offered for auction is strictly "as - is" "where - is" with all faults. This is an offsite estate auction, so prior to registering a bid please refer to the full descriptions, condition reports, dimensions, and high-resolution images provided for each lot within the catalogue at www.lelandlittle.com. All sales are final and no refunds are given. The sales records and recordings shall be conclusive. It is the bidder's responsibility to determine the exact condition/authenticity of each item. No statement in this catalogue or by representatives of LLA shall be considered as a warranty or assumption of liability. Written and oral descriptions given by LLA staff members are given as a courtesy to a client, are only an opinion, and should not be considered as a guarantee of age, composition, or authenticity. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear or imperfections. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. Without limiting the generality of the foregoing reservations regarding the condition of items being auctioned, the following additional reservations apply to specific categories of items being auctioned: Estimated weights and measurements: Weights in catalogue description have been estimated through measurement and are to be used as approximate guidelines and not relied on as exact. Clocks and watches: No warranty that any clock or watch is in working order is given. Virtually all clocks and watches have been repaired in the course of their lifetime and may include parts not original to them. There is no guarantee to works or movement. Unless otherwise stated, weight includes works. PICK UP Pick up is required and is only available offsite at the residence located at 3319 White Oak Rd, Raleigh, North Carolina, 27609 at the following times: Saturday, April 1, 10am-3pm ET Monday, April 3, 10am-3pm ET Tuesday, April 4, 10am-3pm ET Friday, April 7, 10am-3pm ET It is the buyer's responsibility to pick up their items during the above listed times. Items left at the residence beyond Friday, April 7, 2023 will be considered abandoned. When arranging shipping or pick up through a third-party of your choice, we require that you complete our Authorized Release Form, which is available online. This form authorizes us to release your purchased items to the requested party. We will not release your lot(s) to any shipping vendor or third-party until we have received this form and payment has been made in full. All packing, handling, shipping, and delivery services are performed at the sole risk of the buyer. LLA assumes no legal or financial responsibility and is free from all liability associated with fulfilling your release request. Please note: if your shipper is not a registered common carrier, local North Carolina sales tax will apply, rather than destination sales tax. BIDDER RESPONSIBILITIES Bidders may create an account at LelandLittle.com. After signing in to the LelandLittle.com account, bidders must complete all necessary steps presented (including agreeing to Terms of Sale) in order to proceed with bidding. All domestic U.S. bids must be secured with a Visa, Mastercard, or American Express. International bidders must acknowledge wire transfer payment terms. Bidders are responsible for any and all activity, bids, and purchases involving their account. Once a bid has been placed, it cannot be lowered or deleted by the bidder. LLA and its consignors shall not be held liable for negligent bidding activity. Bidder agrees to keep its username and password confidential. BIDDING Absentee and real-time internet bidding is available at LelandLittle.com. When absentee bidding, a bidder may accept the current asking bid or enter a maximum bid value. Real-time internet bidding does not allow a maximum bid to be entered; only the current asking bid may be accepted. Once a lot has opened for real-time internet bidding, absentee bids can no longer be placed. Notifications that absentee bids have been outbid will not be received by absentee bidders within five lots of any lot opening for real-time internet bidding. This online-only auction will have a soft close; each lot will have a 20 second timer after it opens for real-time internet bidding. Any lot that receives a bid before the designated closing time will have its bidding time extended to 15 seconds after the last bid received. Any and all lots will close either at the designated closing time or at such point that it has not received an advanced bid within a 15 second time frame. LLA cannot be held liable for bids that are not sent or received by the server. LLA will endeavor to execute all bids in a fair, competitive and confidential manner. While every effort is made to execute and honor bids, LLA is not responsible for failure to execute a bid and is not liable for any losses incurred as a result of failure to execute a bid. If you are bidding real-time online at LelandLittle.com, please bid quickly as there may be a time delay in receiving the real-time bid. Whether bidding via absentee or real-time, a confirmation will be required to finalize your bid. All bids are time stamped. In case of identical bids, the first bid received will take precedence. Where appropriate, bids will be rounded down to the nearest amount consistent with the auctioneer's bidding increments. It is the bidder's responsibility to accurately record the lot number and bid amount on any bids submitted. LLA assumes no responsibility or liability in the event a bidder fails to do so. LLA BID LIMITS Bidders with less than one year of purchase history with LLA ("First-Year Participants") will be limited to a maximum of $25,000 in cumulative bids. Bidders may contact the front office for assistance with increasing their bid limit prior to the auction. A wire transfer deposit will be required. Domestic, U.S. bidders must request a bid limit increase 24 hours in advance of the auction. International bidders must request a bid limit increase 72 hours in advance of the auction. Wire transfer deposits must be received the business day prior to the auction. LLA cannot be held liable for wire transfer deposits that are not received prior to the auction in order to satisfy the bid limit increase. BIDDING THROUGH THIRD-PARTY WEBSITE(S) Bidding is also available via third-party website(s). Please be advised that proper time is required to review and respond to registration inquiries received through third-party websites. Additional information may be required to proceed with registration approval, including a wire transfer deposit or auction references. Participants with limited purchase history will be subject to a bidding limit. Current bids on the internet will be executed on your behalf during the auction. Bids left on third-party websites are not presented to us or executed until a lot is offered real-time and the order in which they are received is not a factor. Each lot will open with the current high-bid received on the LelandLittle.com website and bidding will progress from that point. LLA cannot be held liable for bids submitted on a third-party website that are not sent, received, or executed by the administrator. If you are bidding real-time online through a third-party website, please bid quickly because there is a time delay in receiving live bids. BUYER'S PREMIUM Absentee bidding and real-time internet bidding is available at LelandLittle.com with a 20% buyer's premium above the hammer price. Should a bidder prefer, bidding is also available on a third-party platform (NOT LelandLittle.com) with a 25% buyer's premium above the hammer price. RESTRICTED MATERIALS An export or import license may be required for the export or import of your Purchased Lot to your designated destination. It is your sole responsibility to familiarize yourself with International, U.S. Federal and State laws or requirements regarding the necessary export, import, or other permit required. In addition, many countries prohibit or limit the import of property made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, Brazilian rosewood, rhinoceros' horn or tortoiseshell, irrespective of age, percentage or value. We make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. You represent, warrant and covenant that, before bidding on a lot, you have examined to your satisfaction whether a license is required to bring the lot to your designated destination or any other area of interest to you. It is solely your responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. Items sold by LLA may be subject to Import Duties. Buyer is solely responsible for any and all Import Duties that may apply. Property sold at auction may be subject to laws governing exportation (herein "Export Duties"). LLA makes no representation as to the legal rights of anyone to export Property into any state or jurisdiction. It shall be the Buyer's sole responsibility to determine -- before bidding at auction -- whether an export permit or license or any other government approval of any nature is required for the Buyer's purchase and to obtain any such required permit or license. The denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase. PURCHASE, SALE, AND PAYMENT OWNERSHIP Item ownership is conveyed immediately following the fall of the Auctioneer's hammer, and title passes in North Carolina. Items bid on or purchased through LLA cannot be re-offered via any market until full payment has been received and property has been removed from the residence. While we try to handle and store items with great care, LLA will have no liability for any loss or damage to an item after the hammer has fallen. PAYMENT Invoices are sent to the registered email address of the bidder at the conclusion of the auction after sales records have been verified. Payment is due immediately upon receipt of invoice, and in all events winning bids must be paid no later than five (5) business days following the auction date. Payment may be made by cash, approved certified funds, wire transfer, ACH, Zelle, approved check, PayPal, Venmo, Visa, MasterCard, American Express, Google Pay or Apple Pay with a domestic U.S. billing address, except as limited herein. If paying by approved check or ACH, LLA reserves the right to hold the item(s) up to 3 business days for ACH and 7 business days for check to confirm that the payment has not been returned or reversed. Federal law requires we report payments above $10,000 made by cash or certain other cash equivalents, such as money orders. Credit card, PayPal, Venmo, Google Pay and Apple Pay payments are subject to a $5,000 limit. International (non-domestic United States) bidders will be required to pay by wire transfer, ACH, or Zelle; any associated fees will be incurred by the buyer. At the auctioneer's discretion, certain lots will be required to be paid for by wire transfer. If a buyer fails to contact LLA within five (5) business days following the auction, the credit card used to secure the bid will be charged the amount of the invoice. LLA will contact buyers to pursue payment if necessary; however, payment resolution is the responsibility of the invoiced buyer. Non-payment issues will be reported to third-party bidding platforms and will result in suspension of the buyer's bidding privileges. LLA reserves the right to recover the costs and fees necessary to secure payment from the buyer prior to providing the purchased items to the buyer. Should timely payment not be received in the manner requested or should the buyer be suspected of fraudulent registration, the buyer will be in breach of these terms and LLA reserves the right to pursue all legal remedies, including damages for LLA's lost revenues or commissions. SALES TAX LLA collects and remits applicable sales tax on all items purchased by residents of North Carolina and certain other states, as and where required by law unless a buyer provides a valid certificate of exemption from sales tax. Buyers will pay North Carolina sales tax for all purchases picked up at the residence or received in North Carolina. For purchases shipped outside North Carolina using a certified transportation vendor, buyers will pay any sales tax LLA is required to collect for another state unless that buyer provides a valid certificate of exemption. Please note that LLA may be required to identify to state tax authorities any buyer for whom it does not collect sales tax, and further that such a buyer may be liable to pay applicable use tax. In the event that LLA determines a buyer's payment of sales tax requires a refund, the LLA office will issue the refund within five (5) business days. RIGHT TO RESCIND If the total invoice price of any item is not received by LLA within five (5) business days after the sale, LLA may elect to rescind the sale of such item. If LLA, in its sole discretion, suspects the buyer of fraudulent registration or believes the buyer is in breach of these terms, LLA may rescind the sale of any item. LLA also shall have the right to withdraw any item from sale or to rescind the sale of any item if LLA, in LLA's sole discretion, determines that the offering of the item for sale or the sale of the item has subjected or may subject LLA or any of its consignors to any liability. LOADING Loading purchased items is the responsibility of the buyer. As a courtesy, LLA may assist with the loading following the sale, but this is done at the risk and responsibility of the buyer. LLA will have no liability for any damage while providing loading assistance. Buyers are welcome to hire a professional shipping or moving company to assist with loading, packing, or shipping. DISPUTES Any and all disputes resulting or arising in connection with this sale shall be heard in the General Court of Justice of Orange County, North Carolina, as the sole and exclusive venue. In any such action, the prevailing party shall be entitled to an award of its costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. LEGAL INTERPRETATIONS This document will be interpreted under the laws of the State of North Carolina and the United States Code. BIDDING INCREMENTS (Lower Level - Upper Level: Bid Increment) $0 - $500 : $25 $500 - $1,000 : $50 $1,000 - $5,000 : $100 $5,000 - $10,000 : $250 $10,000 - $20,000 : $500 $20,000 - $100,000 : $1,000 $100,000 - $300,000 : $5,000 $300,000 - and up : $10,000