TERMS & CONDITIONS OF SALE
Registering to bid at auction and placing a bid whether present in the salesroom or by absentee bid, telephone, email, through an agent, internet or any other means, the bidder, (buyer, purchaser) agrees to be bound by AMustHave Gallerys Terms and Conditions of Sale (and any changes made as noted herein) All property and lots for sale in our catalogue is offered subject to the following terms and conditions, along with any changes that may be published or announced prior to or during a sale by AMustHave Gallery (AMHG). (herein referred to as AMHG) Unless otherwise indicated in the catalogue or at time of sale, AMHG acts solely as the agent for the seller. All sales shall be deemed to occur in Massachusetts regardless whether by telephone, mail, through the Internet or the physical location of the buyer.
1) EVERY LOT IS SOLD AS IS without recourse. AMHG nor their consignor(s) make any warranties or representations, express or implied with respect to the description, authorship, authenticity, merchantability, fitness for a particular purpose, value, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of any property offered for sale or the correctness or accuracy of any catalogue provided by AMHG. No statement anywhere, whether oral or written, shall be deemed such a representation, guarantee, warranty or assumption of liability. AMHG makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights. AMHG does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions, weight and age given in the catalogue descriptions may be approximate. Prospective bidders should inspect the property before bidding to determine anything that may be of significance to them, including without limitation the property?s condition, size, authenticity, value and whether or not it has been repaired or restored. Condition reports given by AMHG are a courtesy to prospective bidders Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS. Returns will not be accepted under any circumstance.
2) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, AMHG' record of the successful buyer and final sale price shall be conclusive. AMHG reserves the right to withdraw, combine or divide any lot at any time before bidding commences.
3) The auctioneer has sole and exclusive discretion, and authority to regulate the following bidding increments:
100 ..................$10 increments
500 ..................$25 increments
1,000 ..................$50 increments
2,000 .................$100 increments
5,000 .................$250 increments
10,000 .................$500 increments
50,000 ?..............$1,000 increments
100,000 ?..............$2,500 increments
150,000 ???............$5,000 increments
+ ..................$10,000 increments
4) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in".
5) Absentee, telephone, and Internet bidding is offered as a convenience to our customers and, while we will make every effort to carry out your instructions, AMHG cannot be held responsible for errors and omissions resulting in failure to execute your bids.
6) Users of third-party internet bidding services shall indemnify and hold AMHG and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall AMHG 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 Internet Bidding Services.
7) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or recommended agent of AMHG shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and AMHG shall not be liable for any loss or damage that maybe caused by such employee or agent. Under no circumstances will AMHG liabilities to a purchaser exceed the purchase price actually paid.
8) The purchase price of each lot shall be the amount of the successful bid plus a twenty percent (20%) buyer's premium on the first $500,000 and a seventeen percent (17%) buyer's premium on the portion exceeding $500,000. Unless exempt by law, all purchases, including buyer's premium, are subject to all state and local taxes applicable at the time of payment.
9) All payments are due within FIVE DAYS following the auction. Payment must be made by cash, check, certified check, money order or PayPal. We DO NOT accept Western Union payments or credit card payments outside of PayPal. AMHG reserves the right to hold merchandise paid for by check until payment has cleared the bank (typically one week). The purchaser agrees to pay AMHG a handling charge of $50 for any check returned for insufficient funds. Non-US purchasers must make payment using a US-dollar denominated check drawn on a US bank or by international money order or wire transfer.
10) Packing and shipping is the responsibility of the buyer and is at his/her risk and expense. This is an online only auction and all lots are located at a third-party storage and shipping company, MBP pack/ship in MA. Following payment, buyers are welcome to use a pack/ship professional of their choice or to pick up their purchases in person at the MBP pack/ship warehouse. The buyer will coordinate all shipping, delivery and pickup arrangements with MBP pack/ship directly. Invoices must be paid in full to AMHG before purchased property can be released or picked up.
11) If any applicable conditions contained herein are not complied with by the purchaser, AMHG may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost.
12) Residents of Massachusetts will be charged 6 ½ % sales tax, and any buyer who picks up an item, regardless of State of residency, will be subject to Massachusetts sales tax.
Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license/permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses/permit or certificate. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license/permit/certificate. CITES documents are not provided unless specified in the lot description.