Tamarkin & Bertoldi Vintage Auctions

GENERAL INSTRUCTIONS & TERMS AND CONDITIONS OF SALE 1. BUYER’S PREMIUM Bidders who bid at “on-line“ on the internet pay a 22.5% Buyers Premium. 2. CONDITION All items are offered “AS IS.” There is no return privilege, and all sales are final. We have sought to express a useful, general guide to the condition of each Lot. We have also attempted to describe any damage or restoration, but our descriptions cannot be accepted as absolutely definitive and complete. The absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others. Such information is given for guidance only and the condition of any Lot, and the nature and extent of any damage or restoration, should be confirmed by examination prior to the sale. In terms of function, common sense should prevail. While we have tried to call attention to conspicuous mechanical or optical problems, one should assume that many of the Lots have seen little recent use and, therefore, have not recently been cleaned, lubricated, or adjusted. This means that many Lots, especially older cameras, might have shutter speeds and/or light meters that might need adjusting, and that lenses and other optical items might require lubrication and/or cleaning. 3. GUIDE TO RATINGS OF CONDITION New — Unused in original packaging with manufacturer’s warranty. Mint — Like new. No signs of use or wear. Near Mint — Only one or two insignificant signs of use. Ex++ — Excellent. Only very slight signs of use. Ex+ — Better than average. Used, but not abused. Ex — Average condition, signs of normal use. Very Good — Well used but working all right. Good — Heavily used. Poor — Bad condition. Probably only useful for parts. 4. RESERVES Every item in the auction has a private “reserve” price. 5. INTERNET BIDDING You will be able to bid, if you choose, in “real time” on-line during the auction. Internet bidders pay a Buyer’s Premium of 22.5%. 6. VIEWING All lots are available for inspection prior to the sale by appointment. Our staff will attempt to answer questions and give advice, but the final decision to bid, and the amount to bid, is at your discretion and liability. 7. LOCAL TAXES A 6.35% tax is due on all deliveries made in Connecticut. However, all lots that are delivered outside Connecticut, by mail or courier, are not charged any local taxes. 8. SHIPPING Buyer Pays Shipping Cost. Buyer is charged the direct cost plus a modest additional fee for packaging and handling. USA shipments are normally made by insured UPS. Foreign shipments are normally made by insured airmail International Priority or by insured Express Air Post (EMS). Insurance is available for foreign shipments up to $5,000 by US mail and, by special arrangements, up to $75,000 for UPS. Purchases over $75,000 can be insured by special arrangement. Note that some countries have limits of insurance and therefore the liability for shipments above a country’s limit will be the responsibility of the Buyer. 9. PAYMENT Payment can be made after the end of the sale, and, in any case, must be made within five (5) days after the close of the sale. Acceptable payment may be cash, bank check, bank wire transfer, or credit card. Acceptable credit cards are VISA or MASTERCARD or the equivalent. All checks and other payments must clear before delivery of purchases unless prior arrangements have been made. The following provisions constitute the entire agreement by and between Tamarkin & Bertoldi Vintage Auctions, LLC, the Consignor, and the Buyer and will govern the sale of all property sold through internet bidding conducted by Tamarkin & Bertoldi Vintage Auctions, LLC. 10. BUYER’S COMMISSION Buyers will pay to Tamarkin & Bertoldi Vintage Auctions, LLC a commission of NINETEEN AND ONE-HALF PER CENT (19.5%)of buyer’s winning bid price. On-Line internet bidders will pay a commission of TWENTY-TWO PER CENT AND ONE-HALF PER CENT (22.5%). These commissions are payable in addition to the winning bid price. 11. CONDITION OF PROPERTY All property is sold ”AS IS” without warranty or guaranty of any kind whether expressed, implied or statutory including without limitation any warranty or guaranty as to character, fitness for a particular purpose, merchantability, physical condition, or rarity. Prospective buyers must rely solely on their own inspection and knowledge before bidding to determine such issues as age, quality, character, physical condition, mechanical and electrical function and rarity. There is no return privilege, and all sales are final. The property being offered at the auction is mostly used and to be sold as collectors’ items. Bidders should note that some lots have mechanical problems or optical problems. Buyers should assume that most lots have shutters in need of repair and/or light meters that are in need repairing or adjusting, and that most lenses and other optical items require lubrication and/or cleaning. Most of the cameras and lenses have not been recently used and have been sitting on a shelf in a camera collection. Moreover, the ratings below refer to cosmetic condition and are not meant to describe either mechanical or optical condition. 12. WITHDRAWAL OF PROPERTY Tamarkin & Bertoldi Vintage Auctions, LLC and Consignor reserve, in their unfettered discretion, the right to withdraw any property from auction before sale. 13. DISPUTES Any disputes between bidders shall be resolved by Tamarkin & Bertoldi Vintage Auctions, LLC, who may offer and resell any property over which there is a dispute. 14. BIDS, REJECTION AND RESERVES The Buyer shall be the highest bidder. Tamarkin & Bertoldi Vintage Auctions, LLC may reject any opening bid they deem too low and withdraw the property from sale. Likewise in the course of bidding they may reject any advance as being too low. Generally, Tamarkin & Bertoldi Vintage Auctions, LLC will require that all bids advance the price by not less than 10%. All items of property will be sold with a reserve that may be confidential. Tamarkin & Bertoldi Vintage Auctions, LLC may bid on behalf of the Consignor to effectuate the reserve. Responsibility for bidding is ultimately the prospective Buyer’s, and Tamarkin & Bertoldi Vintage Auctions, LLC assumes no responsibility or liability with regard to bidding. 15. POSSESSION, TITLE AND RISK OF LOSS Buyer will receive possession of the property only when payment has been made in full and all funds have cleared. Title and risk of loss will pass to the Buyer when the Buyer has taken possession of the property. 16. TERMS OF PAYMENT AND REMEDIES Buyer agrees to pay for property within five (5) days of sale. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: cash, check, credit card, debit card, bank draft or bank wire transfer. Purchased property will not be released to the Buyer until payment in full has cleared. In the event Buyer fails to pay for property, Tamarkin & Bertoldi Vintage Auctions, LLC may in its sole discretion and in addition and without prejudice to any other right or remedy available to it in law or equity, exercise one or more of the following rights and remedies: A.bring an action against Buyer seeking damages for breach of contract including court costs and attorneys fees. B.rescind the sale of the property or any other lot sold to the Buyer. C.resell the property at auction or private sale and bring an action to recover any deficiency between (i) full amount owed by Buyer plus court costs and attorneys fees and (ii) the net proceeds, after payment of all expenses, received from the resale. If there is a surplus, the surplus will be paid to Consignor. D.store the property and release it to Buyer only upon payment of the full purchase price plus all direct and indirect costs of storage. E.to charge interest at 18% per annum commencing immediately after failing to pay on time. F.to retain any other lot sold to Buyer at auction. G.to apply any amount owing from Tamarkin & Bertoldi Vintage Auctions, LLC to Buyer against the purchase price and all expenses due and owing by Buyer to Tamarkin & Bertoldi Vintage Auctions, LLC. Tamarkin & Bertoldi Vintage Auctions, LLC is likewise be deemed to have a security interest in any property of the Buyer in Tamarkin & Bertoldi Vintage Auctions, LLC’s possession to secure payment of the purchase price and all expenses due and owing from Buyer to Tamarkin & Bertoldi Vintage Auctions, LLC. H.to apply any payment made by Buyer to Tamarkin & Bertoldi Vintage Auctions, LLC for any purpose and despite any instructions by Buyer as to application, against the purchase price and all expenses due and owing. 17. SALES AND USE TAX The total purchase price of all property will be subject to all sales or use tax which Tamarkin & Bertoldi Vintage Auctions, LLC is obligated by law to collect. A 6.35% tax is due on all deliveries made in Connecticut. However, all lots that are delivered outside Connecticut, by mail or courier, are not charged any local taxes. Tamarkin & Bertoldi Vintage Auctions, LLC is not obligated to collect tax on any item that is delivered outside the State of Connecticut. 18. TERMS OF ADHESION By bidding at the auction, the Buyer acknowledges and agrees: A.that the foregoing terms and conditions will represent the entire agreement of the parties, provided that the terms may be altered or amended by Tamarkin & Bertoldi Vintage Auctions, LLC prior to or at the time of auction by oral or written announcement or posted notice. B.that the rights and obligations of the parties will be construed and governed by the law of the State of Connecticut. C.that jurisdiction for the resolution of any dispute between the parties related to the auction, will be exclusively in the State of Connecticut and consents to the jurisdiction of the Connecticut State Courts and federal court for the District of Connecticut. 19. LIMITATION OF LIABILITY Tamarkin & Bertoldi Vintage Auctions, LLC?s and Consignor’s liability to a Buyer shall not exceed the purchase price actually paid. 20. TAMARKIN & BERTOLDI VINTAGE AUCTIONS, LLC AS AGENT ONLY Except as otherwise specifically stated in writing, Tamarkin & Bertoldi Vintage Auctions, LLC is acting only as an agent for the Consignor. Tamarkin & Bertoldi Vintage Auctions, LLC will have no liability for any breach by either a Consignor or Buyer.