Fall Sale - Collectibles and Furniture

- Terms and Conditions ALL GOODS ARE SOLD "AS IS" "WHERE IS". ALL SALES ARE FINAL. Condition reports in Auction catalog are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the goods. All condition reports, measurements, opinion of values, age and quality are offered by the Gallery but are not guaranteed. Neither the auction house, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity. All weights & measurements are approximate. Artist's names, signatures do not carry warranty & are not guaranteed unless Certificate of Authenticity accompanies lot, provenance provided when available. (Mighty Thrifty LLC. DBA Distinct Auctions) & its representatives do not claim any expertise. Any condition statement is given as a courtesy to a client, it is only an opinion and should not be treated as a statement of fact. (Mighty Thrifty LLC. DBA Distinct Auctions) shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. A 13% buyer's premium is added to purchase price of every item sold on-site. Purchaser must pay 7% FL sales tax on total purchase price, including premium unless appropriate exemption form is filed. Internet buyers pay 18% buyer's premium and must pay 7% FL sales tax on total purchase price and arrange for shipping or pick the Item(s) up at the gallery. Lots may have reserves or minimum selling prices. This confidential figure is set by consignor & (Mighty Thrifty LLC. DBA Distinct Auctions). (Mighty Thrifty LLC. DBA Distinct Auctions) will exercise all reserve bids. The record of sale kept by the auction house is final in any dispute. Digital recordings of the sale will be used for confirmation. Buyer takes responsibility of the property as soon as the item gets "sold on the block". The auction house may choose to resell items if terms for removal are not met. Gallery may choose to re-consign property with the buyer as the consignor with no reserve at a future sale. Standard Gallery fees will be applied. Payment is due at the end of each sale. We accept Visa, Master Card, Discover, American Express, certified check and Money Orders as payment. Cash & checks (In House Only), Purchases of $10,000.00 or above must be paid by wire transfer or certified check. All certified checks and money orders must be made payable to MIGHTY THRIFTY LLC. (OUR CORPORATE IDENTITY) (Mighty Thrifty LLC. DBA Distinct Auctions) reserves the right to hold property until checks clear. A $35 fee will be charged for all returned checks. If a check fails to clear after second deposit, the purchaser will be held responsible for any and all fees incurred until we have collected good funds, including storage charges. Bad checks, fraudulent credit cards of purchases will be reported to the police and will be prosecuted by (Mighty Thrifty LLC. DBA Distinct Auctions) to the fullest extent of the law. Purchasers who fail to pay in a timely fashion will face immediate disbarment from bidding on all internet bidding sites and will be reported to other galleries. Buyer's who fail to pay will be liable for any lost fees gallery may incur. Bidder shall be responsible for all costs of collection, including court costs and reasonable attorney's fees. By participating in Time & Again, Inc. auctions through the Internet, bidders consent to the jurisdiction of the Courts where the auctions are held. Any dispute between the bidder and (Mighty Thrifty LLC. DBA Distinct Auctions) shall be resolved before a court of competent jurisdiction in the State of Florida Sarasota County. All invoices for merchandise MUST BE PAID FOR WITHIN 4 DAYS. Credit Card used for registration will be charged after 4 days of sending invoice. WE WILL NOT BE RESPONSIBLE FOR UNPAID ITEMS AFTER NONPAYMENT OF 5 DAYS. WITHDRAWAL. (Mighty Thrifty LLC. DBA Distinct Auctions) reserves the right to withdraw any property from the auction prior to sale. SHIPPING. (Mighty Thrifty LLC. DBA Distinct Auctions) does no packing or shipping of auctioned items, we use outside shipping professionals to pack & ship. (Mighty Thrifty LLC. DBA Distinct Auctions) charges only for the bid price & buyer's premium plus tax, all shipping costs will be contracted between the purchaser & their shipper. (Mighty Thrifty LLC. DBA Distinct Auctions) will assist with the arrangement of shipping services where possible and/or make the items available to the shipper of your choice to pack & ship from our location during regular business hours. (Mighty Thrifty LLC. DBA Distinct Auctions) is not liable for any mistakes or acts of omission in packaging or shipping. Purchased Item(s) handled by outside carriers or packers, including those (Mighty Thrifty LLC. DBA Distinct Auctions) may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly to the outside carriers or packers. The shipping of any purchased items outside of the United States is hereby classified as "foreign export". All foreign export is the sole responsibility of the purchaser. *** All buyers are responsible for arranging pickup and shipping of any Item(s) purchased Online. Provide your Item number when getting quotes and setting up pickup from our location. Please email mailto:richard@distinctauctions.com with time and dates of pickup with contact information and who will be performing this task with permission to release the Item(s) to the shipper. The buyer is responsible for all shipping cost. Available Shipping services: Pak Mail Services Contact: Matt Cleary @ 941-378-1660 http://www.pakmailsarasota.com/ Pak Mail offers you a choice between UPS, FedEx and USPS, as well as freight shipping services. They offer free shipping estimates and free pick-up for large items. They provide estate packing and shipping services and promise to handle all of your antiques and artwork with the specialized care they deserve. Pak Mail Sarasota is a full service packing and shipping store as well as a custom crating and freight shipping company. Craters & Freighters of SW Florida Contact: 941-366-5600 / 800-459-0863 https://www.cratersandfreightersswflorida.com/ Craters & Freighters provides complete shipping services in addition to specialty packaging and crating. There full range of logistics services includes business and residential pick-up and delivery as well as, domestic and international shipping from the US. Unlike traditional shipping companies, they do not have weight and size limitations or require our customers to meet minimums. They've shipped just about anything, to anywhere. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, (Mighty Thrifty LLC. DBA Distinct Auctions) may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than the high estimate and in many cases the reserve is lower than the low estimate. This bidding will not generally constitute opening bidding. If (Mighty Thrifty LLC. DBA Distinct Auctions) declares an opening bid and no advance to that bid is received (Mighty Thrifty LLC. DBA Distinct Auctions) will pass the item(s). However, once bidding is opened (Mighty Thrifty LLC. DBA Distinct Auctions) will bid on behalf of the consignor to reach the reserve price. The Auctioneer may reject nominal bids, which are small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding 25 - 30% of the low estimate, the item may be passed and not sold and may not be re-offered until a later sale. This determination of whether to sell the item at the current auction or re-offer it at a later auction is at the sole discretion of the Auctioneer. (Mighty Thrifty LLC. DBA Distinct Auctions) buys items on the open market or may offer a guarantee to a consignor. In either event, (Mighty Thrifty LLC. DBA Distinct Auctions) can have an ownership or other financial interest in the item(s) being auctioned. Such interest in the item(s) being auctioned may not be disclosed. If (Mighty Thrifty LLC. DBA Distinct Auctions) has an interest in an offered lot and the proceeds therefrom, other than our commission, (Mighty Thrifty LLC. DBA Distinct Auctions) may bid on the offered lot to protect such interest and such bidding shall not be prohibited and Items, which are not reserved, are sold at the Auctioneer's discretion. CONSIGNORS. Consignors, other than (Mighty Thrifty LLC. DBA Distinct Auctions), are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor. THIS IS AN AUCTION, WITH NO RETURNS OR REFUNDS DISPUTES UNDER THIS CONTRACT, Purchaser and (Mighty Thrifty LLC. DBA Distinct Auctions) agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to (Mighty Thrifty LLC. DBA Distinct Auctions),. In the event the purchaser fails to make full payment to (Mighty Thrifty LLC. DBA Distinct Auctions), (Mighty Thrifty LLC. DBA Distinct Auctions) may, but is not required to, proceed directly to court. Furthermore, the purchaser and (Mighty Thrifty LLC. DBA Distinct Auctions) agree that should Mediation be necessary, Mediation fees, if any, will be borne equally by the parties. Purchaser and (Mighty Thrifty LLC. DBA Distinct Auctions) are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. Should a party commence legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Sarasota County, State of Florida, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and (Mighty Thrifty LLC. DBA Distinct Auctions) agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Sarasota County, State of Florida. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with (Mighty Thrifty LLC. DBA Distinct Auctions), and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. 21. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS". NEITHER THE (Mighty Thrifty LLC. DBA Distinct Auctions) NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE (Mighty Thrifty LLC. DBA Distinct Auctions) BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. I understand that by bidding on any items indicates my acceptance of these terms and conditions.