American Art Pottery

Terms and Conditions 1. Each lot is sold in accordance with the terms and conditions set out herein. 2. Bidding on an item, using any method, constitutes acceptance of these terms and conditions. 3. Your bid is an offer to purchase. Once accepted by the auctioneer, your bid becomes a binding contract. 4. The auctioneer reserves the right to reject any bid. 5. In the event of a disputed bid, the auctioneer may, at his sole discretion, reopen the bidding. 6. The auctioneer has the sole right to settle any disputes. The auctioneer?s determination is such matters is final and binding on all bidders. 7. The record of sale kept by the auction house shall be final in the event of any dispute. 8. In all instances the auctioneer?s interpretation of these conditions as well as any additional terms of sale posted on third party websites is final and binding on all bidders. 9. Upon the fall of the hammer, the successful bidder becomes buyer and owner of the property and responsible for payment in full of the successful bid, buyer?s premium, and taxes and any other charges provided for in these terms and conditions. Buyer's Premium ? A Buyer's Premium shall be added to the hammer price of each lot according to the following schedule: ? 23% - In person, phone, absentee or Bidspirit bidders discounted to 20% for payment by cash or good check. ? 25% - LiveAuctioneers, payment by credit card will incur a service charge. Internet Bidding Platforms and Payment 10. Buyers using online bidding platforms and intending to pay by check/money order must provide Goose Pond Auction with the buyer's name, phone & invoice numbers. Credit card information on-file with the Bidspirit or LiveAuctioneers will be required for all buyers intending to pay by check. Credit Cards on-file will be charged using autopay for anyone who has not contacted Goose Pond Auction with a request to pay by check/money order. Warranty 11. All items in our auctions are sold ?As-is, Where-is? and ALL SALES ARE FINAL except as specifically provided below. 12. Any item or lot that is described as ?As-is? in either the catalogue description or condition report is not covered by any warranties below. 13. This warranty extends only to the original buyer of record at the auction, as listed on our sale records, and does not extend to subsequent buyers, owners or assigns. 14. Items that are represented as free of cracks, chips and repairs are warranted to be free of such. 15. Items that are described as having damage are not warranted for additional unreported damage unless the condition report at the time of sale specifically states ?otherwise no...? 16. All items are warranted as to manufacturer and age, except items where knowledgeable collectors, dealers and experts differ as to the exact manufacturer are not warranted as to manufacturer. 17. Any item or lot that is described as ?attributed to?, ?in the style of,? or similar language is not warranted as to manufacturer or age, but is warranted as to condition as provided in this warranty. 18. This warranty is in effect for 30 days from the sale date. It is the buyer?s sole responsibility to make payment and shipping arrangements so the items can be released and inspected within this time frame. Under no circumstances will the auction house extend this warranty past 30 days. 19. Any warranty claim must be made within 30 days of the day of sale. All items returned for warranty claims must be in our possession within 35 days of the end of the sale. 20. We make no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise explicitly stated in these Terms of Sale. 21. This warranty does not extend to shipping or transportation expenses, insurance, or other expenses that may have been incurred by the buyer, which are the responsibility of the buyer. 22. Buyer acknowledges and expressly agrees that the provisions of this Paragraph state the sole and exclusive remedy available to the Buyer. The buyer understands and agrees that the exclusive remedy for any breach of warranty shall be a rescission of the sale and a refund of the original purchase price (hammer price plus buyer?s premium plus any sales tax paid). Neither the Auction House nor its consignor shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise. Absentee and Phone Bids 23. Auction House provides Absentee and Phone Bidding as a convenience to buyers. 24. A limited number of phone lines are available to bidders. These will be assigned on a first-come, first-served basis. Requests for phone bidding must be received by 5 PM the evening prior to the auction. You will receive e-mail confirmation of your phone line request. 25. Absentee bids can be accepted at any time prior to the auction. Absentee bids will be executed by the auction house competitively. In the case of tie absentee bids, preference will be given to the earlier bid received. 26. The auction house shall not be held responsible for any errors or failures in the execution of absentee, or phone bids or online bids through third party hosts. Online Bidding Platforms 27. The auction house uses online bidding platforms as a convenience to the buyer. 28. Qualifying to bid via online platforms is subject to the terms and conditions of those platforms. Goose Pond Auction is not able to approve online bidders during the sale. 29. Bidders utilizing online bidding platforms are responsible for complying with all terms and conditions applicable to those platforms as well as all terms and conditions stated herein. 30. The auction house shall not be held liable or responsible for any outage, errors or failures in the execution of online bids through online bidding platforms or third party hosts. In the event of an outage or failure of one or more online bidding platforms during the sale, the auctioneer may, at his sole discretion, continue, halt or postpone the sale. Withdrawal of Property 31. The Auction House reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. Reserves 32. Some lots may carry reserves or minimum selling prices below which a lot will not be sold. The auction house will execute the reserve bids on behalf of the consignor. The amount of the reserve shall not exceed the low estimate. Estimates are subject to change at any time prior to the offering of each lot. Pick Up of Property 33. For auctions held at Casco Bay Auctions in Maine, it is assumed that buyers will either collect their purchases on the day of sale or use Casco Bay Auctions in-house shipping. 34. Buyers who intend to pick up their purchases in person other than Auction day need to make prior arrangements with Goose Pond Auction. Purchases cannot be released to buyers by Casco Bay personnel without prior arrangements with Goose Pond Auction. Sold items may be removed from Casco Bay Auction premises by Goose Pond Auction at the conclusion of the sale and transferred to the Goose Pond Auction New Hampshire location. 35. Items not claimed within 15 days of the auction, where no communication is received from the buyer, shall be subject to storage and handling fees of $10 per day. 36. Items not claimed within six months are deemed forfeited and may be resold or otherwise disposed of without further recourse from buyer. 37. The auction house reserves the right to sell unclaimed property to recoup storage and/or handling fees once the accrued fees are greater than the purchase price of the item. Payment 38. Payment is to be made in US dollars and due immediately at the end of sale. 39. Payment in person: Goose Pond Auction can accept payment in the form of cash, check, money order, wire transfers and Visa and Mastercard. 40. Online bidders shall pay directly through that bidding platform according to the terms of that bidding platform unless advance arrangements have been made with Goose Pond Auction. 41. We reserve the right to hold all goods paid for by check until payment has cleared. 42. Any returned check is subject to a $50 fee. 43. If payment in full is not received within 5 days of sale, the Auction House reserves the right to pursue any and/or all of the following remedies: 1. charge the credit card on file with the Auction House or online bidding platform used by the buyer for the full purchase price including buyer?s premium and sales tax. 2. impose a late fee of 1 ?% per month from the date of purchase. 3. cancel the sale Sales Tax 44. For sales held at Casco Bay Auctions in Maine, all purchases are subject to the Maine sales tax of 5.5% unless: ? the purchaser possesses a Maine sales tax exemption or resale number and registers that number with Goose Pond Auction before a sale. ? Or has purchases shipped out-of-state using our in-house shipping service. ? Or picks up directly from Goose Pond Auction at their New Hampshire business location. 45. Purchasers who do not hold a State of Maine resale number should be prepared to provide Goose Pond Auctions with a copy of their sales tax resale certificate from their home state along with a business card. Condition Reports 46. Condition reports are our opinion regarding the condition of the item given to the best of our knowledge and are not to be relied upon as a statement of fact. 47. We assume no responsibility for errors and omissions in the condition report. 48. Condition reports, whether given in writing or verbally, are intended as statements of opinion only and are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind. 49. We prepare detailed condition reports at the time of cataloging. Condition reports are subject to change. It is the buyer?s responsibility to be aware of any updates, changes or additions to our posted condition reports prior to the sale. 50. The photographs provided are an integral part of our condition reports. Faults and defects observed in photos may not be specifically mentioned in a written condition report. 51. Condition reports may not include all faults or defects. 52. It is solely the buyer?s responsibility to be knowledgable about the condition of the item prior to bidding. Items are available for previewing prior to the auction. We encourage potential bidders or their agents to inspect lots prior to the sale. No condition report is a substitute for your own examination of the item. 53. All pottery and ceramics may have surface scratches and dirt and manufacturing flaws including, but not limited to, base flakes from grinding, clay separations, clay accretions, stilt pulls, kiln flaws, glaze crazing, glaze skips or misses or glaze drips. All these defects may not be specifically mentioned in condition reports. 54. All measurements are approximate.

If you have not contacted Goose Pond Auction to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Goose Pond Auction may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.