Point Lookout Unreserved Auction

Conditions of Sale Please Note: These conditions only apply to the Point Lookout Auction being held on August 5th, 2020 TERMS OF SALE: By registering to bid on any lot or any participation in an auction at Thomaston Place Auction Galleries (TPAG), you (the bidder or agent bidding on behalf of others, ref. par.13) agrees to be bound by these Conditions of Sale. CONDITION OF ITEMS & WARRANTY INFORMATION: Thomaston Place Auction Galleries (TPAG) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object, however all items for sale are offered ?as is,? and it is the bidder?s responsibility (live, absentee, phone or online) to determine the exact condition of each item. 1) All items are ?as is,? and it is the bidder?s responsibility to inspect, research, and determine the authenticity of all items upon which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by TPAG, is the sole responsibility of the bidder/buyer. 2) TPAG nor it?s consignor makes any expressed or implied guarantees, warranties or representations in regard to the property merchantability or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, medium or material, period, culture, source, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. 3) The absence of any reference to the condition of a lot does not in any way imply that the lot is in perfect condition or completely free of wear, imperfections or the effects of aging. 4) Condition Reports for items may be requested up to 24 hours prior to the date of the auction. We will make every effort to answer all submitted questions in a timely manner however, we cannot guarantee that a request submitted within 24 hours will be answered prior to the auction date. Neither TPAG nor it?s consignor makes any guarantee or warranty with regards to these reports. It is the buyer?s responsibility to examine each item and make their own assessment prior to the auction. 5) If electrical, mechanical, or other working parts are inoperable, even if working at the time of sale, TPAG is not liable due to the inherent nature of the age of the items. 6) No Chargeback Policy - Purchasers agree that disputes of any nature will not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Thomaston Place Auction Galleries and/or its credit card merchant. By purchasing with us, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, attorney fees, and/or any other charges associated with responding to said chargeback. GENERAL INFORMATION: 7) Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who place bids live on the auction floor, by absentee bid, telephone bid, or online bid. The auctioneer shall acknowledge the top bidder as the winner. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder. 8) The auctioneer has sole discretion and reserves the right to: A. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason. B. Pass/withdraw any items in the auction for any reason. 9) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff. 10) Bidding on behalf of others: Unless you are registered as a buyer?s agent prior to the start of the auction and we have written authorization from your buyer naming you as his/her appointed bidder, you are responsible for all the purchases under the terms and conditions of this bidding agreement. 11) Buyer?s Premium on all items purchased in this auction: The buyer?s premium is 17% for live, absentee, and phone bidders. The buyer?s premium is 20% for all internet bidders. 12) Any dispute or litigation resulting from the sale of items in this auction will take place in the judicial system in the State of Maine. BIDDING INFORMATION: Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid. 13) Live Bidders: May register to bid any time during auction preview and during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale. 14) Telephone and Absentee Bidders: May register in person, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction. A. These bids should be in our possession by 5:00 PM the day prior to auction in order to be properly processed. NO phone bids will be accepted the day of the auction unless approved by TPAG management. B. Telephone and Absentee Bids are offered as a convenience to our buyers. TPAG will make reasonable effort to contact and carry out bids on behalf of its buyers but TPAG will not be liable for failure to do so or for errors or omissions in connection with absentee or phone bids. If we receive identical absentee bids on a particular lot and it is the highest bid, it will be sold to the person whose written bid was received and accepted first. 15) Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company AND TPAG. 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. PAYMENT: 16) Successful live bidders are expected to pay in full for all purchases immediately following the auction. Buyers must pay the entire amount including the hammer price, buyer?s premium, all applicable taxes and other charges. 17) Successful absentee, phone, and online bidders will be notified of their purchases by email within 24 hours of the auction. Payment is due immediately. 18) All payments must be in US Dollars. We accept payments in cash, by personal, business, bank or cashier?s check, Visa, MasterCard, Discover, American Express, PayPal and bank wire transfer. For domestic buyers, payments in excess of $25,000 must be made by wire transfer unless otherwise approved. For international buyers, payments by checks drawn on US banks or a wire transfer are the only acceptable methods of payment. 19) No items will leave Point Lookout until payment is made in full. 20) TPAG reserves the right to hold all merchandise until payments clear our bank. 21) All returned checks will be assessed a $35.00 processing fee. 22) In the event payment in full is not received within 3 days from the date of the auction, any outstanding amounts will be charged to the credit card on file. A. TPAG may report the buyer?s name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at TPAG and our associated online platforms, in the event of non-payment. SALES TAX: 27) The State of Maine sales tax of 5.5% will be assessed on all purchases except when buyer provides a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased) or if shipped anywhere except Maine. PICK UP OF PURCHASES: 28) All successful bidders of non-salvage items must remove their purchases by Wednesday, August 12th, 2020. Any bidders that do not pick up their items by that date will forfeit their purchases and Thomaston Place will NOT issue any refunds for items not picked up. A. Auctioneers will not be responsible for the arrangement of shipment of items in this auction. SALVAGE, DEMOLITION AND DISASSEMBLY OF BUILDINGS: 29) The following will apply to, successful bidders who buy salvage rights to buildings. A. Proof of insurance in the amount of $1,000,000 will be presented prior to demolition. B. Timeframe for the removal and demolition shall be established between the successful bidder and the property owner, as determined by both parties to be deemed reasonable. C. Site Safety. The successful bidder shall be responsible for the safety of the site during demolition as to not place any guests or employees of Point Lookout in harm?s way. D. Liability. The successful bidder shall not in any way hold the property owners, their employees, or the auctioneers liable for any injuries, or losses incurred by the successful bidders, their employees, sub-contractors, or guests on the site. E. Completion of Demolition. Upon removal of the successful bidders? items from the property, the property owner shall sign off as the to the completion of the work to his/her satisfaction. Kaja Veilleux: ME License # AUC902; John D. Bottero: ME License #AUC 1237 Thomaston Place Auction Galleries Uniform Commercial Code: Maine Uniform Commercial Code, Title 11/ Section 2-328 applies to this auction Maine Auctioneer Rules and Regulations: Regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta, ME 04333