TERMS & CONDITIONS OF SALE
Terms of Sale
By registering to bid on this auction you agree to the following terms and conditions.
All items are sold "AS IS", AND ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE, and NO CREDIT. It is the bidder's responsibility to determine the exact condition/authenticity of each item? All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and/or provenance and all of the property is sold as is. All items are available for your examination prior to bidding online. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials, provenance or any other feature of items being sold. We recommend prospective bidders to examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer or any employee of D&H Time Auctions shall be deemed a warranty or assumption of liability by D&H Time Auction or by any seller represented by D&H Time Auctions.
AT THE SALE
Refusal of Admission - D&H Time Auction has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references.
Absentee Bids - We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, The Popular Auction, LLC. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a U.S. bank unless other arrangements are made with D&H Time Auction House. D&H Time Auction House reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay D&H Time Auction House a handling charge of $50 for any check dishonored by the drawee.
Packing and Shipping - If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and WINSTON FOREVER AUCTIONEERS will have no liability of any loss or damage to such items.
Full Payment for successful absentee, online bids are required within five business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through Live Auctioneers constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. In the event the buyer does not pay in full within seven days of the sale, the buyer is in default, therefore title has not exchanged.
Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees and insurance charges. At our discretion, items will either be packed by an agent such as a packaging store or D&H Time Auctions. Please allow two weeks for shipping after payment is received. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. D&H Time Auction will have no liability for any loss or damage to shipped items.
All purchases are subject to applicable NY sales tax unless the NY Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. Items shipped out of state are not subject to sales tax.
Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items.
Non Payment - If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve.
Condition Reports -D&H Time Auction House is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Purchased Lots - If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, D&H Time Auction House shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in New York. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
The majority of property offered at D&H Time Auction House comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding online. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition may seek all remedies under the law including canceling the sale and reoffering the property without reserve.