Canadian Historical Pottery

Rules, Terms and Conditions All bidders should read the Terms and Conditions of the Sale before bidding with Miller & Miller Auctions Limited, (later referred to as Miller & Miller). To bid in our sale is to enter into a contract bound by the Terms and Conditions of the Sale. These Terms and Conditions are subject to change by verbal announcement on sale day or by posted notice. They bind the successful bidder (purchaser), Miller & Miller and the seller (consignor). Terms of Sale To bid on a lot offered by Miller & Miller is to accept the following Terms of Sale. Whether or not you have read or understand any of the said terms, participation in the auction binds you to an agreement with these terms. Condition of Items Despite the efforts of Miller & Miller to accurately describe each item, these items are for sale "as is". It is the bidder's responsibility (present or absentee) to directly examine and appraise the item condition. Miller & Miller is not responsible for typographical errors. Neither we nor the consignor, make any guarantees, warranties, or representation expressed, or implied, related to the property, the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. It is the responsibility of potential buyer to inspect the property before bidding to determine its condition, size and whether or not it has been restored. So too, the bidder is responsible for making contact with Miller & Miller to uncover any information that might reveal more about the item(s). Due to the age of the items we specialize in, all items are sold for the purposes of display, not functionality. If electrical, mechanical, or other working parts are found dysfunctional, (even if working at the time of sale) we are not liable. Questions pertaining to upcoming auction items should be submitted at least 48 hours before the sale. We make every effort to answer all questions as quickly as we can, but we cannot promise that questions submitted 48-hours before the sale will be answered before the sale. Neither we, nor the consignor make any guarantee as to whether the purchaser can successfully acquire any reproduction rights in the property. Returns are not accepted under any circumstances. All items will be available for preview approximately three (3) weeks prior to the auction. BIDDING Rights and Responsibilities The auctioneer reserves the right to determine the highest bidder and to reopen the bidding of a disputed lot. MillerLive bids and absentee bids take precedence over any live bids. When the auctioneer closes each lot, the ownership is passed to the winning bidder who then assumes all risk and full responsibility. It is recommended that you take out insurance for your items immediately after winning them. Miller & Miller is not responsible for any bid errors or omissions. Also, we shall have no liability to any bidder for any technical or other failure associated with the internet, absentee bidding, or telephone bidding. • ABSENTEE BIDDING – Miller & Miller accepts absentee bids if pre-authorized through millerandmillerauctions.com. The absentee bid form requires the bidder to clearly mark the lot number, title and maximum bid amount. Absentee bidding forms may be accessed online at www.millerandmillerauctions.com. If two (2) absentee bids of the same amount are received, priority will be given to the first bid received. Bids must be left in increments as shown on the bid form. The auctioneer can round bids left "out of increment," to the next correct increment. Bidders may preview, register and place bids online through our website, www.millerandmillerauctions.com Absentee and online bids placed through our website will be auto charged to the credit card entered 12 hours after the end of the sale. If you wish to pay by another method please contact us within 12 hours after the sale. Seller(s) agree to allow the Auctioneer to accept and execute absentee bids competitively for potential buyers and under the Miller & Miller absentee bidding terms and conditions. During the live sale, the auctioneer will execute your absentee bid competitively up to the maximum amount you have indicated. • ONLINE BIDDING – Online bidding through www.millerandmillerauctions.com, Live Auctioneers, or other bidding platforms may be available; all Terms and Conditions apply. Refer to your bidding platform of choice to see how added surcharges associated with these platforms affect your final buyer's premium. In the case of a tie, absentee bids take precedence over live bids. If within 7 days the winning bidder has not paid, Miller & Miller reserves the right to use and charge the credit card provided. The auctioneer has the final word on all item(s) sold. You (the bidder) assume the risk of winning an item online and not having the item actually sell to you. This is due to the final discretion of the auctioneer and the operator not being able to re-open that lot. Online bidders are held responsible for accidental bidding. • BID RESULTS – Miller & Miller contacts successful bidders 24 hours after the auction with an official invoice. The invoice will include item, hammer price, premium, packing and handling, shipping, insurance, and any other charges that apply. Please hold phone inquiries regarding bid success until after receiving your invoice. Winning bid information can be provided the second business day after the auction. Miller & Miller will not provide bidder information to any outside sources. • TELEPHONE BIDDING – Requests for phone lines must be received at least three (3) days prior to the auction date. Miller & Miller cannot guarantee phone lines but will make every attempt to accommodate those who wish to participate through that method. Phone lines are provided on a first come first served basis. If you’d like to register as a phone bidder, please fill out this form prior to the auction date or call our toll-free line at 1-833-662-4800 to request a call from our representatives during the live auction. Bid Increments Bid increments listed are a general guideline. Actual increments are at the auctioneer's discretion. If a lot does not receive a bid of 25% of the low estimate, the lot will be passed by the auctioneer. $0 – $500…$25 $500 – $1,000…$50 $1,000 – $2,000…$100 $2,000 – $5,000…$250 $5,000 – $10,000…$500 $10,000 +… Auctioneer's discretion Reserves The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. Buyer's Premium Successful online bids are subject to an 18% buyer's premium. A surcharge may be added for any third party online bidding platform that the bidder utilizes. A 5% surcharge will be added for all LiveAuctioneers bidders. Sales Tax Unless the appropriate permits are on file with Miller & Miller, Canadian buyers or their representatives are responsible for paying the provincial sales tax rate applicable to their location. The winning bidder agrees to pay Miller & Miller the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file at and verified by Miller & Miller five days before the sale date, or tax must be paid; only if such form or certificate is received by Miller & Miller within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be combined for sales tax purposes. Payment • CREDIT CARD – Miller & Miller reserves the right to charge the credit card associated with your account 12 hours following the auction. For first time buyers and credit card charges greater than $5,000 buyers must pay with certified cheque or wire transfer. A surcharge fee of 3.5% will be charged for qualified buyers over $5,000 who wish to make a credit card payment. Questions about payment? Email us at accounting@millerandmillerauctions.com Non-payers will be penalized. Miller & Miller will take the necessary legal steps to protect its interests. Non-paying bidders will be blocked from all future auction participation. Packing & Shipping It is the bidder's responsibility to consider shipping, handling & insurance costs when bidding on items. • SCHEDULING A PICK-UP – If you would like to pick up your item(s) in person after the auction closes, please schedule a date and time. Walk-ins are not permitted at this time. • ONSITE BIDDERS – Liability transfers immediately upon winning a lot. Items paid for must be packed, transported and/or removed by the purchaser at his/her own risk after the close of the sale. We recommend that you insure your items immediately upon winning them. If the services of an employee or agent of Miller & Miller for packing or transporting the merchandise are used, it is fully at the risk and responsibility and expense of the purchaser. The agent or employee will not hold Miller & Miller liable for any loss or damage that may be caused. • ITEMS NOT PICKED UP THE DAY OF THE SALE - Packaging, shipping, and insurance on items will be made available as an added courtesy and cost. We recommend that you arrange insurance for your items immediately upon winning an item. Again, if any employee or agent of Miller & Miller shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. The said agent or employee will not hold Miller & Miller liable for any loss or damage that may be caused. All applicable charges will be applied. Shipping will be based on actual costs via Canada Post or another carrier. Handling and insurance will vary in cost depending on each invoice. All packages will be shipped with insurance within seven (7) business days after payment is received. • SHIPPING TERMS – Miller & Miller will ship all items to the buyer at the listed address via Canada Post or other carriers. Any risk of loss or damage to the item(s) during transit by Canada Post or any other carrier, in excess of the insurance provided by or purchased from Miller & Miller, is at the sole risk of the buyer. The buyer through the carrier should purchase additional insurance coverage. The buyer releases Miller & Miller from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defense, including attorney's fees, for any claims brought against Miller & Miller for loss or damage occurring during transit. • COMBINED SHIPPING – When possible consolidate multiple purchases in the same parcel to reduce shipping costs. However, it is the buyer's responsibility to pay for the shipping cost of every item purchased, as if they were being shipped individually. Combining shipments is an adjustment that takes place when we can determine which items (if any) can safely be shipped together. • INSURANCE – Shipping insurance of 3% is automatically added for every package. If your package is valued at >$10,000 we will also automatically add "Additional Insurance", which you can decline by contacting us. If you wish to arrange for "Additional Insurance" for packages valued between $1,000 and $10,000 please contact us prior to payment and we can quote this additional insurance amount for you. Insurance for all 3rd party shipments must be arranged through that carrier. • INTERNATIONAL SHIPPING – Miller & Miller is an experienced international shipper. Please understand that we refuse, under any circumstance, to under-declare international purchases. Be aware that your international order may be subject to import charges/duties that are not included in our invoiced shipping charge. International orders may also be subject to clearing fees charged by the courier. You will be responsible for these charges if applicable in your country. The buyer is responsible for providing all necessary paperwork required to ship items internationally, including any requested CBP forms. All shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. If you plan to pick-up your item(s) please notify us immediately and we will deduct the shipping cost from your invoice. • SHIPPING LARGE ITEMS (FREIGHT) – When items are above a certain weight, length, or volume, it is the bidder's responsibility to arrange 3rd party shipping. • Volumetric size is length + girth = (the longest measurement) + (height x 2) + (width x 2). • As a general rule shipments must be <30 kilograms in weight, under 2m length, under <3 meters in volumetric size • There may be certain shipments that meet these requirements that will still require 3rd party shipping, and we will communicate the reason in those cases • Please see the Canada Post Website for more information at https://www.canadapost.ca/cpotools/apps/far/business/findARate?execution=e1s1 • If you wish to arrange an alternative shipping method, you need to notify us seven (7) days in advance with the shipping company name, arrival date and time. The 3rd party-shipping representative must bear a copy of the invoice. Personal pickups must be arranged in advance with Miller & Miller staff. Charges may apply for overtime hours. • STORAGE FEE – Miller & Miller charges $75/week for any items awaiting pickup for more than 7 days after the auction date. Applicable Law The laws of the Province of Ontario, Canada govern these terms and conditions. Each of the parties hereto hereby submits to the provincial courts located in Kitchener, Ontario, for the exclusive jurisdiction of any disputes in connection with these terms and conditions. Binding Arbitration Disputes related to these terms and conditions shall be resolved, and any relief sought (including equitable relief) may be granted, through binding arbitration. The cost will be split (50:50) between both parties. A winning party is entitled to recover its lawyer's fees, costs and expenses. Return Policy Miller & Miller enlists experts to provide careful descriptions of every item it represents. We ensure the descriptions are accurate and that they fully disclose any exceptions to condition. Buyers having paid within 7 business days must notify Miller & Miller with concerns within three calendar (3) days of receipt of their purchased item. Buyers who have not paid within the 7-day due date are not qualified to return purchases under any circumstances. No lots purchased by floor bidders (including those bidders acting as agents for others) may be returned. Unauthorized returns will not be refunded. If authorized, the item in question must be shipped with full insurance, so it arrives at Miller & Miller Auctions within one week of the return authorization.