Indian Artifact Auction

DILLER AUCTIONS TERMS AND CONDITIONS OF SALE By registering for this auction, placing a bid or purchasing any lot, each bidder acknowledges that they have read, understood and agreed to these Terms and Conditions of Sale. These terms apply to all bidders and buyers participating through LiveAuctioneers or by any other bidding method accepted by Diller Auctions. 1. REGISTRATION AND ELIGIBILITY All bidders must register and be approved before bidding. Bidders must provide accurate and complete contact, identification and payment information. Diller Auctions reserves the right to approve, reject, suspend or revoke any bidder?s registration or bidding privileges at its discretion. Additional identification, payment verification or a deposit may be required before bidding privileges are granted. The registered bidder is responsible for all bidding activity conducted through the bidder?s account. Bidders should keep their account information and password secure. 2. ACCEPTANCE OF TERMS Placing a bid constitutes a legal offer to purchase the lot. The highest bidder acknowledged by the auctioneer or online bidding system will be the buyer, subject to acceptance and confirmation by Diller Auctions. All sales are final. Bids may not be withdrawn or canceled after they have been accepted except at the sole discretion of Diller Auctions. 3. BUYER?S PREMIUM A buyer?s premium of 10% will be added to the hammer price of every lot purchased through LiveAuctioneers. The buyer?s premium is part of the total purchase price and is subject to applicable sales tax when required by law. 4. BIDDING Bidders are responsible for reviewing all lot photographs, descriptions, measurements, condition information and auction terms before bidding. Live and online bidding may occur rapidly. Bidders are responsible for entering bids carefully and verifying the amount before submitting a bid. Diller Auctions is not responsible for accidental bids, bidding errors, missed bids, internet failures, service interruptions, software problems, equipment malfunctions or delays involving LiveAuctioneers or any other communication system. Diller Auctions reserves the right to reject any bid, withdraw or combine lots, divide lots, reopen bidding, resolve bidding disputes, correct clerical errors or cancel a sale when necessary. In the event of a bidding dispute, the records and decision of Diller Auctions will control. 5. CONDITION AND INSPECTION All property is sold AS IS, WHERE IS, WITH ALL FAULTS and without any express or implied warranty, except as expressly stated in writing by Diller Auctions. Bidders are encouraged to attend the scheduled preview and personally inspect all property before bidding. A bidder who does not inspect a lot accepts the risk of relying upon photographs and written descriptions. Condition reports and additional photographs may be provided as a courtesy. They are opinions only and may not identify every scratch, chip, repair, alteration, restoration, imperfection or condition issue. The absence of a condition statement does not mean that an item is in perfect or undamaged condition. 6. DESCRIPTIONS, AGE, ORIGIN AND AUTHENTICITY Lot descriptions, photographs, measurements, attributions and statements concerning age, material, culture, origin, history, provenance, authenticity or condition are provided in good faith based upon information available to Diller Auctions at the time of cataloging. Such statements are opinions and are not guarantees or warranties unless Diller Auctions specifically states in writing that a particular fact is guaranteed. Bidders should rely upon their own examination, knowledge, research and judgment. Prospective buyers may consult a qualified independent expert before bidding. Photographs are an important part of each lot description. Colors, size and appearance may vary because of lighting, photography, computer screens or electronic display settings. 7. PAYMENT POLICY Payment in full is required for all purchases. Online payments may be made securely through LiveAuctioneers using the payment methods offered on the bidder?s invoice. Online payment must be completed within three business days following the auction unless prior arrangements have been approved by Diller Auctions. The name and billing address connected with the payment must match the registered bidder?s information unless Diller Auctions approves another arrangement. The buyer is responsible for the final hammer price, buyer?s premium, applicable sales tax, shipping, insurance, handling and any other charges shown on the invoice. Invoices that remain unpaid after the stated payment period may be reported to LiveAuctioneers as nonpaying purchases. Diller Auctions reserves the right to cancel the sale, offer the property to another bidder, pursue collection of the amount owed and restrict the bidder from participating in future auctions. No property will be released to a buyer or third-party shipper until Diller Auctions has received cleared payment in full. Buyers picking up their purchases in person may pay by cash, check or card. Property paid for by check may be held until the check has cleared. Ohio sales tax will be collected when required by law unless the buyer has provided a valid and properly completed tax-exemption certificate before payment. Questions concerning payment should be directed to Brent at 419-356-2997. 8. SALES TAX Applicable sales tax will be charged and collected as required by federal, state and local law. Tax-exempt buyers must provide a valid and properly completed exemption or resale certificate before payment. Tax cannot necessarily be removed after an invoice has been paid. The buyer is responsible for determining and satisfying any tax obligation not collected by Diller Auctions or LiveAuctioneers. 9. SHIPPING Shipping, packing, handling and insurance costs are the responsibility of the buyer unless otherwise stated in writing. Shipping charges are separate from the hammer price and buyer?s premium. Merchandise will not be shipped until payment for the purchase and all shipping-related charges has cleared. Buyers must confirm their shipping address before shipment. Diller Auctions is not responsible for delays or additional costs resulting from an incorrect or incomplete address supplied by the buyer. All shipments should be insured for the purchase value when insurance is available. Risk of loss passes to the buyer when the property is delivered to the carrier or third-party shipper. Diller Auctions is not responsible for loss, theft, damage, delay or mishandling occurring after a lot has been transferred to a carrier or third-party shipping company. Any shipping claim must be made with the carrier or shipping provider, with reasonable assistance from Diller Auctions when documentation is available. Some items may be subject to shipping restrictions based on size, material, value, destination or applicable law. Buyers are responsible for confirming that an item may legally be shipped to and possessed at the buyer?s destination. 10. LOCAL PICKUP Local pickup is available by appointment at the location and during the hours designated by Diller Auctions. Buyers must bring identification and their paid invoice when collecting purchases. Property will not be released until payment has cleared. A buyer authorizing another person or shipping company to collect a purchase must provide authorization acceptable to Diller Auctions. The person collecting the property may be required to provide identification. Buyers are responsible for providing sufficient labor, equipment, packing materials and transportation for items being picked up unless other arrangements are approved. 11. REMOVAL AND UNCLAIMED PROPERTY All purchases must be picked up or shipping arrangements must be completed within 3 days after the auction unless Diller Auctions approves other arrangements in writing. Property remaining after that period may be subject to reasonable storage, handling, transportation or administrative charges. Property that remains unclaimed after reasonable notice may, to the extent permitted by law, be considered abandoned and may be resold, stored or otherwise disposed of by Diller Auctions. The buyer remains responsible for any unpaid purchase price, fees, expenses or losses associated with the property. 12. RETURNS AND REFUNDS All sales are final. No returns, refunds, exchanges, credits or chargebacks will be accepted because of buyer?s remorse, failure to inspect, disagreement with condition, size, color, attribution or any matter that was visible in the photographs or reasonably disclosed in the lot description. Any claim involving a material cataloging error must be submitted to Diller Auctions in writing promptly after receipt of the property and before the property is altered, cleaned, repaired, resold or transferred. Submitting a claim does not guarantee a refund or return. Any remedy will be determined by Diller Auctions based upon the facts and applicable law. 13. NONPAYMENT AND DEFAULT A winning bidder who does not pay in full within the required period is in default. In the event of default, Diller Auctions may exercise any lawful remedy, including canceling the sale, retaining any deposit, reselling the property, offering the property to the underbidder, reporting the bidder to LiveAuctioneers, suspending future bidding privileges and pursuing payment, collection costs and damages. The defaulting buyer may be responsible for any deficiency between the original purchase price and the amount received upon resale, together with reasonable costs associated with the default and resale. 14. COMPLIANCE WITH LAW Buyers are responsible for knowing and complying with all laws and regulations governing the purchase, possession, transportation, shipment, import or export of any item purchased. Diller Auctions does not provide legal advice or guarantee that an item may lawfully be shipped to or possessed in every jurisdiction. 15. LIMITATION OF LIABILITY To the fullest extent permitted by law, the liability of Diller Auctions relating to any lot will not exceed the amount actually paid to Diller Auctions for that lot. Diller Auctions will not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profit, loss of use, loss of opportunity or diminution in value. Nothing in these terms excludes any right or liability that cannot lawfully be excluded. 16. ONLINE PLATFORM LiveAuctioneers provides the online bidding platform but is not the seller or owner of the property offered by Diller Auctions. Use of LiveAuctioneers is also subject to the platform?s own terms, policies and procedures. In the event of an inconsistency involving Diller Auctions? sale procedures, these auction terms will apply to the extent allowed by LiveAuctioneers? rules and applicable law. 17. CHANGES AND ANNOUNCEMENTS Diller Auctions may correct, update or supplement lot information and auction terms before or during the auction. Announcements, posted corrections and updated lot descriptions made before the lot is sold take precedence over earlier printed or online information. Bidders are responsible for reviewing updates before bidding. 18. GOVERNING LAW These Terms and Conditions and all transactions with Diller Auctions will be governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Any legal action relating to the auction or property purchased shall be brought in a court of competent jurisdiction in Ohio unless otherwise required by applicable law. 19. SEVERABILITY If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. 20. CONTACT INFORMATION Questions concerning bidding, payment, pickup or shipping should be directed to: Diller Auctions Gilboa, Ohio Ohio Auction Firm License No. 2025000141 Brent: 419-356-2997

If you have not contacted Diller LLC 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 Diller LLC 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.