American Art Pottery Auction

Terms and Conditions of Sale

All bidders are responsible for reading and understanding our Terms and Conditions of Sale, as well as any supplemental notices provided either in writing or verbally. If you have any questions after having read the Terms and Conditions of Sale, please contact Greg Belhorn at Belhorn Auction Services at (614) 876-0043 or gbelhorn@columbus.rr.com prior to the auction. During the auction please ask questions of either Greg or Steve Belhorn during the sale. No communications by any person other than the above named persons is binding, and communications from Greg and Steve Belhorn are made for informational purposes only.

Each lot in this catalog is offered for sale subject to these terms and conditions as revised or supplemented by written supplements to this Catalog or other materials prepared by us or as stated by the auctioneer or posted in writing at the auction prior to a bid being accepted for a lot. By bidding at the auction the buyer and all bidders agree to be bound by these terms and conditions or those changed and supplemented, whether bidding in person, by agent, by eBay Live Auctions, or absentee bid.

Upon the announcement of “sold” by the auctioneer, the successful bidder becomes the purchaser and is immediately responsible for the amount of the successful bid, plus any buyer's premium, applicable taxes, and other charges provided for in these Terms and Conditions of Sale.

Sales Results will be available by phone and on the web at www.belhorn.com. Sales results will be available no earlier than 5 p.m. on the third business day following the auction or as soon as Belhorn Auction Services has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter.

Except for items purchased through eBay Live Auctions, a buyer’s premium in the amount of 10% of the successful high bid will be added to the amount of the successful bid price. The buyer’s premium on property purchased on eBay Live Auctions will be in the amount of 15% of the successful high bid regardless of payment method. All purchase amounts will be in U.S. Dollars and payments must be made in U.S. Dollars.

All successful bidders attending in person will be provided a written record of their purchases and absentee bidders will be sent invoices by mail shortly after the auction.

We accept cash, check wire transfers, Visa, MasterCard and PayPal. All payments must be made prior to any property being removed from the auction venue. Invoices are due immediately upon receipt. We reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received from eBay Live Auctions buyers within 10 (ten) days from the day we mail the invoice, we will place a non-paying buyer notation on the Buyer’s account. If payment is not received within thirty (30) days of sale, Belhorn Auction Services reserves the right to impose from the date of sale a late charge of 1 1/2% a month of the total purchase price and deny all future credit.

All bidders must register and receive a bidding number from Belhorn Auction Services prior to bidding at the auction. If you are not known to Belhorn Auction Services, you will be asked to furnish identification, a valid credit card number, and, possibly, credit references. If you are acting as another’s agent, we may request a letter of authorization. If paying by check, and you are not known to Belhorn Auction Services, you must establish credit with Greg Belhorn at least three (3) business days prior to the auction. A letter from your bank, presented before the sale, may also be accepted, at our discretion, although we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these terms of sale.

Bidding Increments

from US $ 0 to US $ 250 US $ 10
from US $ 250 to US $ 500 US $ 25
from US $ 500 to US $ 1000 US $ 50
from US $ 1000 to US $ 9999 US $ 100

All items that do not have reserve selling prices on them will start at 50% of the low estimate unless there are two or more absentee bids at a price higher than that. In that case the lot will normally open at a bid, which is one increment higher than the lower of the highest two bides.

The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.

We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids are requested by no later than 6:00 p.m. on the Friday before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We buy all designated lots for you one bidding increment above where competition stops. Please check and comply with the above bidding increments. In case of failure to comply, we will reduce each off-increment bid to the next lower figure.

In the event of duplicate bids, the first bid received will be the bid that is executed

We will maintain all absentee bidder names and amounts in strictest confidence. We offer absentee bidding as a convenience to our clientele, but Belhorn Auction Services is not liable or responsible for any errors or failure to execute an absentee bid as instructed.

Belhorn Auction Services has engaged the services of eBay Live Auctions and Live Auctioneers as a courtesy for its clients who wish to bid and buy online. Please proceed to www.ebayliveauctions.com for all necessary information on how to bid and buy online using this system. The user of eBay Live Auctions and Live Auctioneers indemnifies and holds Belhorn Auction Services and its consignors harmless against any claim arising out of or resulting from your use of the eBay Live Auctions and Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney’s fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Belhorn Auction Services and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site.

Each lot meeting its reserve price will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, and d) otherwise regulate the bidding and its increments.

Each item may have a confidential minimum reserve price established by Belhorn Auction Services and the consignor. The reserve will never exceed the low estimate of the lot. Belhorn Auction Services prohibits consignors from bidding on their own property. Belhorn Auction Services may bid on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in.

It is the auctioneer’s sole discretion to resale an item that has been returned due to a problem that was not provided either in written or verbal notice to the attendees. Belhorn Auction Services also reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal.

The low and high estimates in the catalog are our opinion of what the property will sell for at auction. These estimates are opinion, and were derived from prices paid at our or another auction in the past, from reference materials available on the subject property, or our subjective opinion as experts in the field.

All items are sold "as is, where is," except as expressly stated otherwise in this paragraph.
General: All information in the catalog concerning: age, authenticity, genuineness, condition, quantity, is warranted by Belhorn Auction Services subject to the terms and conditions described in the following paragraphs.

If Belhorn Auction Services defines in their catalog a piece being “mint” it is understood that the ceramic, pottery or glass lots are represented as being free of cracks, chips, hairlines and repairs, unless otherwise stated. The term "mint" means the lot is in the same condition that it was at time of manufacture. A mint lot may contain crazing,
base flakes or roughness from grinding, and manufacturing flaws including, but not limited to, clay separations, glaze misses, kiln flaws and stilt pulls. Any factory flaws that are considered, in our opinion, obtrusive will be noted. All sizes are approximate within 1/8”.

Any description which states "as-is" is not guaranteed as to condition, but is guaranteed to be genuine.

Condition reports are statements of expert opinion by the staff of Belhorn Auction Services and/or independent consultants. If you would like condition reports for items in the sale, please call us. Condition reports are not normally available except during the auction viewing period. Belhorn Auction Services goes to great lengths to report any imperfection that we find on each lot in our auction. We will not honor returned pieces that have been chemically treated to expose a repaired area. Please ask a staff member if you question the condition of a piece prior to it being sold.

Belhorn Auction Services makes no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise expressly stated in these Terms and Conditions of Sale.

If a purchaser in attendance at the auction alleges a problem of authenticity, genuineness, condition, or origin of a lot, as set forth in the terms of sale and warranted by Belhorn Auction Services, were grossly and materially inaccurate and misleading and substantially overstated the value of the lot, the purchaser will have until the end of the sale that day to return the item. It will be the sole discretion of the auctioneer as to whether the lot will be taken back, resold, returned to the consignor or refused a return in the case that the purchaser’s allegations of any problem(s) is unwarranted.

If a purchaser not in attendance at the auction, bidding via eBay Live Auctions or absentee bid, alleges a problem of authenticity, genuineness, condition, or origin of a lot, as set forth in the terms of sale and warranted by Belhorn Auction Services, were grossly and materially inaccurate and misleading and substantially overstated the value of the lot, the purchaser will have a reasonable time, which is defined as five (5) calendar days after receipt of property, to contact Belhorn Auction Services by mail, email or phone to convey such allegations. At the time, the buyer must receive written permission to return the property to Belhorn Auction Services. Provided the lot(s) are returned, fully insured, within five (5) calendar days of receiving this permission in the same condition the lot(s) was/were in at the time of sale and proves the truth of such allegations to the satisfaction Belhorn Auction Services, the sale of such lot(s) will be rescinded. Belhorn Auction Services will refund the full purchase price, including hammer price, buyer’s premium and any applicable sales taxes paid by the purchaser to Belhorn Auction Services. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the purchaser to return the lot(s). In the event that the purchaser’s allegations cannot be confirmed upon inspection by Belhorn Auction Services, the lot(s) will be returned to the purchaser at the purchaser’s cost.

If there is sufficient reason to extend this five (5) day time frame, the buyer must request Belhorn Auction Services for extension and that extension will only be granted at the sole discretion of Belhorn Auction Services and written confirmation of the extension will be faxed to the purchaser with the delay authorization. Any warranty extends to only the original buyer of record (that is, the registered bidder).

Belhorn Auction Services or its consignor(s) will not be liable for any consequential damages, loss of profit, or any damages beyond return of the purchase price, any buyer’s premium or taxes paid by the purchaser. This will be the sole remedy of any items returned.

In the event Belhorn Auction Services receives notice of an adverse claim with respect to purchased Property, Belhorn Auction Services shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the purchaser, upon written notice to the purchaser. Upon such notice, the purchaser will promptly return the purchased property to Belhorn Auction Services’ premises in the same condition as when purchased. Belhorn Auction Services will then promptly refund the purchase price, including the buyer’s premium and applicable taxes paid. Purchaser will have no further recourse against Belhorn Auction Services or the consignor, and Belhorn Auction Services and the consignor shall not be liable for any damages of any nature suffered by the purchaser.

When the auctioneer announces an item as “sold”, title to the property immediately transfers to the successful bidder who, in turn, becomes the purchaser of the Property. The purchaser assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer’s premium, applicable taxes, and any other associated expenses.

The purchaser will pay for the purchased Property remove it from the premises of Belhorn Auction Services. Under no circumstances are items to be removed from the auction site until paid for. If the purchased Property is not removed by the end of the last day of the auction, unless otherwise announced by Belhorn Auction Services, storage and handling charges may be assessed at the rate of $10 per lot storage charge per day. Belhorn Auction Services may, at its discretion, remove the purchased Property to public storage at the purchaser's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released. Those who choose to pick up their property from Belhorn Auction Services following the sale must call 24 hours in advance to arrange pick-up.

As a convenience to the purchaser, Belhorn Auction Services will, if requested, pack and ship or arrange shipment for you almost anywhere, fully insured, for a fee payable in advance by cash, check or credit card. Shipments are usually made within fourteen calendar days after payment has been received. We are not responsible for any damage or loss that occurs while your objects are in another's care.

Belhorn normally ships by common carrier such as UPS, Federal Express, or the U.S. Mail service. Belhorn Auction Services ships pottery, ceramics, glassware and other smalls, fully insured, for the actual cost of shipping and insurance plus an additional fee of five dollars ($5) per lot to cover labor and materials.

If any of the Terms and Conditions of Sale are not fully complied with by the purchaser, the purchaser will be in default without need of notice by Belhorn Auction Services. The purchaser shall be liable to Belhorn Auction Services and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to Belhorn Auction Services by law, Belhorn Auction Services may, at its option, cancel the sale of the lot(s) on which the purchaser defaulted and of any other lots sold to the defaulting purchaser at the same or any other auction(s) and retain as liquidated damages all payments made by the purchaser. Belhorn Auction Services may resell the purchased Property, whether at public auction or private sale. In event of default, the purchaser will be responsible to Belhorn Auction Services and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys’ fees, collection fees and expenses, late charges, and other damages. Belhorn Auction Services may, at its discretion, apply any proceeds of sale otherwise due to the purchaser or monies of the purchaser in Belhorn Auction Services’ possession to reduce or satisfy the purchaser’s obligations.

Belhorn Auction Services will retain a security interest in all lots sold until such time that all amounts due are paid for in full.

The laws of Ohio shall govern the auctions of Belhorn Auction Services. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Ohio law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Ohio with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Belhorn Auction Services needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it Belhorn Auction Services shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit.

Belhorn Auction Services acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor.

If any provision of portion of these Terms and Conditions of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms and Conditions of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.