Fine Arts & Antiques Auction

TERMS & CONDITIONS Your bid is a Contract. Bidder ( or Buyer, Winning Bidder, Purchaser) agrees to be bound by all parts of the terms and conditions of Auction Sale. Failure to acknowledge and/or abide by the terms and conditions, after a bid or bids are placed (or sale concluded), is no excuse for any post Auction Sale actions on the part of the bidder towards the Auctioneer, Auction Gallery or any Consignors. Tri-State Auctions believes, to the best of their knowledge, the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. We do not offer any warranties of any kind related to the information presented in any listing. Tri-State further makes no warranties, either expressed or implied, relating to the value, marketability or condition of the lot described in any listing. All items are sold to the highest Bidder as acknowledged by the Auctioneer. The Auctioneer has the right to reject any bid; to advance the bidding at his discretion; and, in the event of a dispute between two Bidders, determine the successful Bidder or to re-offer and resell the lot in dispute. All sales are final. If you are the successful Bidder, you have entered into a legally binding contract to purchase the lot from Tri-State. Prospective Bidders should investigate a lot thoroughly before bidding. By bidding, the Bidder acknowledges that they have investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, or if we do not reply, please refrain from bidding. Tri-State reserves the right to accept or reject any bid for any reason whatsoever, at any time before or during any Auction. Any and all bids made by a Bidder constitute an irreversible and irrevocable offer to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close of any Auction, Tri-State has the final authority to determine the actual winning Bidder of any lot. In the event of non-payment by the winning Bidder, it is at the sole discretion of Tri-State to either offer the lot to any lower Bidder, re-offer the lot in a future Auction or return the lot to its original Consignor. In the event of any dispute between Bidders, or in the event of doubt on the part of Tri-State as to the validity of any bid, Tri-State will have the exclusive final discretion to determine the successful Bidder, cancel the sale, sell the lot to the next highest Bidder or to re-offer and resell the lot in dispute. Tri-State Auction Sales are typically without reserve; however, in the event of an Auction Sale in which all items open at $25 or other amount well below Auction estimates, an unspecified reserve amount may apply to some or all of the items in the Sale. Tri-State reserves the right to protect any reserve price by placing and advancing floor bids up to the amount of the reserve. Tri-State may also place bids on behalf of any bidder or consignor, bid for its own account or remove any lot from sale without notice at any time. Bidder understands and acknowledges that Tri-State pays independent online Auction hosting venues for the hosting of their online sales. Tri-State cannot be held accountable or responsible if there are any problems, difficulties or issues Bidder has with the placement or recording of Bidders bids. Under no circumstances is it for Tri-State to accept any responsibility for any error in the Bidders bid, Bidders computer, Bidders ISP or online hosting venue or any other issue which may arise. Bidder agrees to allow Tri-State Auction Gallery to retain bidder's payment/credit card information once provided for any Auction for collecting payment after Auction closes and invoices are sent. Absentee and phone bids are accepted and will be handled as a courtesy to the potential buyer. Tri-State is not responsible for any errors or failure to execute bids. Payment of the winning bid amount, buyer's premium and shipping/handling charges (if applicable) will be made after the Auction closes and invoices have been processed. *** ANY PAID ITEMS LEFT AT THE GALLERY FOR MORE THAN 90 DAYS BECOMES GALLERY PROPERTY*** CONDITION Please inspect items prior to bidding. Failure to inspect a lot or have an independent appraiser of your choosing and cost do so prior to bidding is no excuse for return. Condition requests or additional photography should be made prior to bidding and can be made by contacting Tri-State. All condition reports are given as a courtesy to the potential bidder and are the opinion of the Gallery. Absence of condition on any lot advertised does not imply that the lot is free of imperfections. All sales are final and all lots are sold as-is with no warranties expressed or implied. There are no returns or exchanges. All photography/images are property of Tri-State and should not be copied or used without permission of Tri-State. CONTRACT Your bid is a Contract and should be entered into exercising the same diligence as any other Contract. Bidders are required to register with proper identification prior to Auction including but not limited to name, address, phone number, driver license number and photo ID. Participation in any Auction is evidence that Bidder has read all Tri-States terms & conditions and agrees to same. PRICE ESTIMATES High and low estimates are provided solely for comparison purposes and Tri-State makes no warranties of any kind relating to them. Any appraisals or evaluations provided are solely for the convenience of the Bidder and Tri-State makes no warranties of any kind relating to them. No price estimate or appraisal value should be considered to represent the investment or resale value of the item. BUYERS PREMIUM A Buyer's premium of 23% will be added to the hammer price/winning bid amount regardless of the method of payment. PAYMENT The Bidder/Purchaser is legally responsible for payment. Payment is due within 5 days of Auction close. Items will not be released, for any reason, prior to full payment being received. Items not paid for or picked up within 10 days are subject to storage fees of $10 per lot/per day, unless arrangements have been made with Tri-State. Payment is accepted as Cash, Cashiers Check, Certified Check, Money Order, Bank Wire Transfer (plus additional $30 bank service charge), Credit Card (Visa, Mastercard, Discover, American Express), Paypal and approved Personal Checks. Tri-State reserves the right to hold all property until check/payment clears) RETURNS All sales are final and all lots are sold AS-IS. There are no returns or exchanges. SHIPPING It is the responsibility of the Purchaser to make arrangements for items to be picked up or shipped. As a courtesy, Tri-State can provide a list of shipping services. Tri-State has no affiliation with any of these Companies nor receives any compensation from them for their use. These Companies are suggested for the convenience of the Purchaser and Purchaser is not required to use any of the companies listed. 1. UPS Store, 725 River Road #32, Edgewater, (201)941-2165; 2. Craters & Freighters, 800-736-3335, cfinfo@cratersandfreighters.com, for International Shipping. 3. PlyCon - 631-269-7000; www.plycongroup.com In the event a Purchaser chooses to have an item packed and shipped by Tri-State, Tri-State reserves the right to take payment for item(s) won at Auction and to send a separate invoice for shipping/handling charges after item(s) have been packed. All shipping and handling charges incurred must be paid in full before item is shipped. Tri-State reserves the right to limit the size of any package it will consider shipping. Over limit pieces must be referred to a shipping company. If Purchaser chooses to pick up the item from Tri-State rather than paying for shipping, Tri-State reserves the right to charge the Purchaser for any handling and packing fees that may be incurred. After items have been paid for, Tri-State is not responsible for damage to or loss of any items once they are released to any shipping service. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier. Tri-State is not responsible for any loss resulting from items being shipped to an alternate address or recipient provided by Purchaser. No items will be shipped to any Purchaser for any particular Auction until all charges for the Auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Purchaser for any particular Auction if the Purchaser has any open balances with Tri-State. BY BIDDING, THE BIDDER AGREES TO ALL TRI-STATE SHIPPING AND HANDLING POLICIES AND CHARGES, WHETHER KNOWN OR NOT TO PURCHASER AT TIME OF PURCHASE. DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY PURCHASER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY IS NOT THE RESPONSIBILITY OF TRI_STATE NOR WILL GIVE RISE TO A CAUSE FOR A CHARGEBACK CLAIM. PURCHASER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. GOVERNING LAW AND JURISDICTION 11. These Conditions of Sale, as well as the Purchaser's and the Company's respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey. By bidding at an Auction, whether present in person or by Agent, order bid, telephone, internet or other means, the Purchaser shall be deemed to have consented to the exclusive jurisdiction of the state courts. The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold through Tri-State Auction Gallery. (the "Company"), for any Consignor of such property for whom we act as agent. TAXES Winning bidders are required to pay New Jersey State Sales Tax of 7% in addition to the hammer price and Buyers Premium of 23%. There will no discounts for any Live Auctioneer purchases on the commission rate of 23%, regardless of payment type. All purchase are subject to the New Jersey State Sales Tax of 7%, unless a valid tax Exemption Certificate and Number (NOT EIN Number) are provided or the items are being shipped out of state. Items purchased out of state that are picked up in New Jersey, are also subject to sales tax unless a valid tax exempt number is provided. Customer is responsible for payment of all Sales Tax in the customer's home state as required by individual State Law. REGISTRATION Approval to participate in any Auction is at the discretion of Tri-State Auctions. Valid Drivers License or photo ID and current address, telephone number and method of payment are required at registration. 181 Bergen Boulevard, Fairview, N.J. 07022 201-941-0500 or 845-701-5701 Fax 201-840-1993 kpresti@tri-stateauctions.com

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