IMPORTANT FLORIDA ESTATE AUCTION

TERMS AND CONDITIONS: These terms and conditions apply to all online bidding at John McInnis Auctioneer sales. By registering to participate in a JMA auction sale thru any on line bidding service offered by us, you fully understand and expressly agree to these terms and conditions, along with the agreement to be so bound. Additional information applicable to this Sale may also be set in our Catalog, on our web site, or announced during the sale without prior notice. It is your responsibility to review that information. In registering to bid at any Sale, you agree to the applicable Bid Conditions. Using our Online Bidding services is entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections. John McInnis Auctioneers encourages bidders to attend Sales in person whenever possible. A buyer’s premium of 20% of the hammer price shall be added to each purchase to reach the total sales price. Lots are available for inspection prior to any Sale, and it is for your convenience to satisfy yourself as to each and every aspect of a lot. You are strongly advised to examine in person any lot on which you may bid or have it examined on your behalf before any Sale at one of our auction previews. All items are sold AS IS, WHERE IS AND ALL SALES ARE FINAL. All items are described to the best of our knowledge, however neither John McInnis Auctioneers nor its consignor makes any warranties or representations express or implied with respect to such property as to the physical condition, quality, rarity, importance, provenance, medium, period, origin, or estimated value of any lot sold. All measurements and weights are approximate. The absence of any reference to the condition of property does not imply perfect or imperfect condition. No statement anywhere, whether oral or written, whether made in the catalogue, advertisement, bill of sale or remarks by staff or the auctioneer, shall be considered a warranty representation or assumption of liability. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. Catalogs, including on-line catalogs and brochures are guides only and are based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. The Auctioneer will not be liable for any errors or omissions. Photographs posted to the Live Auctioneers website may have had size modifications for display purposes. Estimated selling prices posted are for general information only and are not appraisals of value. The actual selling price of an item may be higher or lower. All weights and measurements are approximate. Any announcements and addendum's prior to the auction take precedence over the description in the catalog. Catalog of terms: For Furniture: If we say Sheraton Mahogany inlaid chest we represent that the piece was made during that period. If we Sheraton Style we represent that the piece looks like the period mentioned, but was crafted at a later date. Please note that lots containing ivory or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and all buyers should be aware with relevant customs regulations prior to bidding if their intent is to import these lots into another country. Buyer is responsible for any and all permits. John McInnis Auctioneers will abide to all U.S. Laws in regards to the sale of ivory or other animal materials. Prior to sale all on line bidders must register with our approved on line bidding services. Some bidders may require approval by the auction gallery. Online Bidders who do not meet the requirements of Equifax or have little or no auction history must call the Auction house for further approval at 978-388-0400. Warranties: John McInnis Auctioneers nor the consignor makes any representation or warranty, expressed or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. John McInnis Auctioneers does not make any representation or warranty as to title. All items in the catalog are sold as described. On Line Buyer(s) have the right to rescind the sale under the following conditions: A written condition report was requested, and received by the Auctioneer, 48 hours prior to the auction start, and the description is, in any material respect, inaccurate, or if the physical condition of the property materially differs from what was described, the Buyer has paid for the lot within 10 days of the sale, Buyer has arranged and paid for shipping within 5 days of payments for the Lot, and the Buyer provides notice of intent to return the item within forty-eight hours following receipt of the property and Buyer returns the property to the Seller within ten (10) days of receiving the property in the same condition it was sold. Any buyer requesting an extension on payment terms will not be allowed to return any purchased lots for any reason. All shipping costs, duties, tariffs and /or other expenses incurred are non-refundable. At no time shall John McInnis Auctioneers be held liable for more than the fee amount earned from the consignor of the disputed lot if the buyer does not meet all of the requirements stated. This guarantee is only valid to the original buyer. Any item(s) being returned must be in the same condition as when purchased. Discrepancies of description shall be decided by mutually agreed experts in the field. Any disputes regarding authenticity must be in writing by a reputable source (field expert) and is at the expense of the purchaser. The Auctioneer reserves the right to withdraw any property at any time before the actual sale The record of sale kept by the auction house will be taken as final in the event of dispute Dispute Between Bidders: If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute. The purchaser assumes complete responsibility for items at the fall of the hammer. Some lots carry reserves or minimum selling prices. This is a figure set by the consignor and the auction house below which a lot will not be sold. The auction house will execute the reserve bids. The reserve will not exceed the low estimate. Estimates are subject to change at any time prior to the offering of each lot. Absentee, Telephone and internet bids will be executed when possible as a convenience to our customers. The auction will not be held responsible for any errors or failures, whether human or technology related, to accurately execute bids. Bidders are encouraged to submit absentee bids 24 hours prior to the auction. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA AN ONLINE BIDDING SERVICE. In bidding on line you acknowledge and agree that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted. FORMS OF PAYMENT: (We DO NOT accept Paypal) Complete payment is required the day of the Auction or upon receipt of notification of a successful bid. Accepted forms of payment are Visa, MasterCard, Discover, Bank Checks, Money Orders, and Wire Transfers. WE DO NOT ACCEPT PAYPAL. Invoice(s) totals greater than $10,000.00 must be paid by Certified Check, Bank Check, or Wire Transfers. All payments should be made to John McInnis Auctioneers in U.S. Funds. For bidders outside of the United States please note we only accept payment by checks drawn on U.S. banks or wire transfers in U.S. funds. No Lot purchased will be released to the Buyer until the purchase price has been paid in full and the funds cleared in the Auctioneer's bank account. If payment is dishonored on a check for any reason, in addition to the face amount of the check, the drawer must immediately pay the Auctioneer the bad check return fee charged by its bank, plus a processing charge of thirty five dollars ($35.00). Should Seller have to institute collection action, the Buyer agrees to also pay Seller all costs of collection, including reasonable attorney’s fees of thirty-three and one third percent (33 1/3%), plus a finance charge of two percent (2%) PER MONTH (24 PERCENT PER ANNUM) from the date of the auction until the balance is paid in full. A Massachusetts State sales tax of six and one quarter percent (6.25%) (If being held in our Stuart Florida Gallery six percent (6%) will be added to the purchase price of all purchases by Massachusetts/Florida residents. A current sales tax exemption certificate, including sales tax exemption number, must be presented to the Auctioneer at the time of payment to avoid paying a sales tax. All sales are final with no refunds for any reason. PACKAGING, SHIPPING AND INSURANCE IS THE RESPONSIBILITY OF THE BUYER, AND IS NOT INCLUDED IN THE PURCHASE PRICE. WE DO NOT DO SHIPPING AND ARE NOT RESPONSIBLE FOR ANY DAMAGE DUE TO SHIPPING. If you have a preferred shipper, we encourage you to use them. FOR OUR MASSACHUSETTS LOCATION: we recommend the following local shipper: The UPS Store, Michael Holland, 380 Lafayette Road, Seabrook, NH 03874, 603-474-2420, fax, 603-474-2432, email, store1510@theupsstore.com. Other shippers include, for furniture, BUSH DEPENDABLE DELIVERY, Diane Bush, 941-951-2447, , NORTHWIND TRANSPORT, Wendy Buckus 603-491-5199, TOUCH OF GREY, Scott Hay, 207-380-5631 email: tuchgrey@lincoln.midcoast.com, for Paintings and Fine art, Fine Art Express @ 617-547-1600. FOR OUR STUART FLORIDA LOCATION: Pure Design Delivery – Contact: Jay 772-979-3111, Stuart area. R & R Moving & Del. Contact: Randy 954-444-8383, Anywhere in US. All County Moving, Contact: Patty 772-287-2075. Local area from Ft. Lauderdale to Vero Beach, FL. International and/or US: Handle with care Packaging Store Contact: Randy 772-221-0566. www.GoPackagingStore.com We recommend that the Buyer request a shipping quote from the above named companies prior to bidding. All Live Auctioneer purchases must arrange shipping for any item purchased within ten (10) business days. Any lot not removed from the gallery within this time will be deemed abandoned and be promptly disposed of or resold. The Auctioneer will have no responsibility for any loss or damage resulting from Auctioneers staff carrying, handling or loading any item(s) for any person. If there is anything relevant to this auction that you do not understand, please call the Gallery at 978-388-0400 (Florida gallery is 772-266-8268) and the Auctioneer or a member of his staff will assist you. John McInnis Auctioneers wants your auction experience to be comfortable and successful. We are available Monday thru Friday 8:30-3:30 to answer any of your requests. You can also reach us at mcinnisauctions@yahoo.com. All photos and descriptions posted on the internet is the property of John McInnis Auctioneers and are subject to US copy write laws. No photo or description may be used without written approval by John McInnis Auctioneers. Use of these photos and descriptions may incur penalties. John McInnis Auctioneers is licensed in Massachusetts (#770), New Hampshire (#2182), Maine (AUC840) and Florida (AU2662). Our firm has been conducting auctions for over thirty years.