Auction Terms & Conditions HOWARD AUCTIONS AND ESTATE SALES AUCTION TERMS & CONDITIONS
The lots listed in this catalogue will be offered by Howard Auctions and Estate Sales as owner or as agent for consignor subject to the following terms and conditions. Where Howard Auctions and Estate Sales is agent, the contract is between seller and buyer. The following Terms and Conditions constitute the entire agreement with the purchaser relative to the property listed in this catalogue. Whether auction is held on site or online when picking up items, Howard Auctions and Estate Sales assumes no responsibility for accidents. By bidding at auction, you agree to be bound by these terms:
Successful bidders will receive list of items purchased from HiBid but must pay for their items through Square invoice sent from Howard Auctions and Estate Sales.
AS IS - All lots are sold "AS IS" with all faults and without recourse and neither Howard Auctions and Estate Sales nor its consignor makes any warranties or representations, express or implied, with respect to any/all lots. Prospective buyers are strongly advised to examine personally any items which they are interested, before the auction takes place, to determine its condition, size, and whether or not it has been repaired or restored. Neither Howard Auctions and Estate Sales nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging; nor does a reference to particular defects imply the absence of others. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The Terms and Conditions are controlling, and no statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements by Howard Auctions and Estate Sales in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Neither Howard Auctions and Estate Sales nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry. Howard Auctions and Estate Sales and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Howard Auctions and Estate Sales reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Howard Auctions and Estate Sales relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Howard Auctions and Estate Sales and shall not be used by the buyer, nor by anyone else, without our prior written consent.
Howard Auctions and Estate Sales reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.
If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, it is decided that any advance thereafter is insufficient, the auctioneer may reject that advance. Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Howard Auctions and Estate Sales. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue. The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further the bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.
Howard Auctions and Estate Sales reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the absolute right and sole discretion to advance the bidding in such a manner the auctioneer may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, Howard Auctions and Estate Sales sale record shall be conclusive. We accept Visa, Master Card, Discover and American Express.
If you are a tax exempt bidder you must indicate this by entering your tax exempt number, along with the expiration date in the note section when registering for our online auctions.
PURCHASER'S RESPONSIBILITY FOR PAYMENT
Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. The online buyers credit card will be run typically at the conclusion of the sale and the amount due which includes the hammer price, buyer's premium, all applicable taxes and other charges. Packing and shipping charges will be an additional charge on your invoice (see shipping info below). Such bidder there upon assumes full risk and responsibility there for (including, without limitation, liability for or damage to frames and glass covering prints, paintings or other works). Although in our discretion we will execute order or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith. When making a bid, a bidder is accepting personal liability to pay the purchase price as follows, unless it has been explicitly agreed in writing with Howard Auctions and Estate Sales before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Howard Auctions and Estate Sales, and that Howard Auctions and Estate Sales will look only to the principal for payment: The credit card on file will be run for payment when the last item is sold in this catalogue. The total purchase price to be paid by purchaser is the amount of the successful bid price plus a buyer's premium of 15% and 7% Indiana sales tax when applicable (this does not include packing/shipping). All purchases regardless of bidding method are subject to the buyer's premium and appropriate sales tax. Prior to the sale, the buyer must provide us with his or her name and permanent address and, if so requested, details of the bank from which payment will be made. The buyer will not acquire title to the lot until we have received all amounts due to us from the buyer in good cleared funds even in circumstances where we have released the lot to the buyer. The purchaser agrees to pay Howard Auctions and Estate Sales all amounts due (includes hammer price, BP, all other charges), including a handling fee of $35 for any checks returned due to non-sufficient funds for our live auctions. Further, the purchaser shall be responsible for on-time payment of the full purchase price of the lot, even if the obtaining of any such license is denied or delayed. Howard Auctions and Estate Sales assumes no liability for failing to identify materials from endangered or protected species or for incorrectly identifying such materials.
Howard Auctions and Estate Sales in addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1-1/2% per 30 days of the total purchase price if payment is not made in accordance with the conditions set forth herein. For onsite auctions pickup days/times vary, see auction description for specifics. If it is not removed, Howard Auctions and Estate Sales reserves the right to charge a minimum storage fee of $10 per day or to store at the purchaser's expense, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us. Howard Auctions and Estate Sales shall have no liability for any damage to property left on the premises, or storage. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies: To charge interest at such rate as we shall reasonably select; To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchase; Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages; To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions; Where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs; To reject at any future auction any bids made by or on behalf of the buyer or to require a deposit form the buyer before accepting any bids; To take such other actions as we deem necessary or appropriate; or To effect any combination thereof. In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchase price for any lot and Howard Auctions and Estate Sales nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Howard Auctions and Estate Sales shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.
If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Howard Auctions and Estate Sales shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Howard Auctions and Estate Sales will have no liability for any loss or damage to such items.
HOWARD AUCTIONS and ESTATE SALE EMPLOYEES
Employees of Howard Auctions and Estate Sales are not prohibited from bidding on property.
WAIVER OF CONDITIONS
Any and all of these conditions may be waived or modified in the sole discretion of Howard Auctions and Estate Sales. The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this catalogue are subject to amendment.
MEASUREMENTS AND WEIGHTS
All measurements and weights are approximate. Howard Auctions and Estate Sales is not responsible for digital error.
IF ANY PART OF THESE CONDITIONS OF SALE is found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law. THE RIGHTS AND OBLIGATIONS of the parties with respect to these Conditions of Sale and Terms of Guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of Indiana. By bidding at auction, whether present in person or by agent, by written bid, telephone, online or other means, the buyer shall be deemed to have submitted, for the benefit of Howard Auctions and Estate Sales, to the exclusive jurisdiction of the federal or state courts located in the state and waives any objection to the jurisdiction and venue of any such court.
If you will require shipping, please indicate so in the Note section on your bidder registration form.
ONCE YOU BID AND BUY THE ITEM, IT IS YOUR ITEM AND YOU ARE RESPONSIBLE. WE DO NOT REFUND BUYERS FOR ITEMS BECAUSE SHIPPING WAS TOO EXPENSIVE.
Shipping charges will be at the discretion of the auctioneer. We do however attempt to ship items the most cost effective way for the buyer. A $15.00 processing and packaging charge will be added to every ship out order in addition to all other shipping charges. This does not include insurance which is the buyers responsibility. ALL ITEMS MUST BE PAID FOR THROUGH HiBID and your credit card on file for our online auctions.
Packing & Shipping Service
If your total shipment is reasonably small and the item(s) can easily be packed in a stock box or envelope and shipped via FedEx, UPS and/or USPS then the packing and shipping is available internally by Howard Auctions & Estate Sales.
If your item/items are fragile, large, awkward, ornate and/or valuable and requires special handling it is the buyers responsibility to locate a third party shipper that specializes in packing and shipping difficult to ship items. We have provided above contact information for Navis Pack & Ship. Navis is a specialty packing company that services our local market and is capable of shipping virtually anything anywhere across the globe. If for any reason you do not want to utilize Navis Pack & ship you are free to work with the shipper of your choice.
SHIPPING OF LARGER OR MORE DELICATE ITEMS
Navis Pack & Ship IL1101
777 Joyce Rd Unit D
Joliet, IL 60436
Seller User Terms
Bidder User Terms