General Terms:15% buyer's premium. Credit card on file will be run immediately after the auction. 7% Indiana sales tax on all lots. Items shipped from our location may require us to collect sales tax based on the state to which items are being shipped. Sales tax will be determined at time of shipping. Not responsible for accidents or items after sold. All items are sold as-is. All items must be removed by time and date specified on auction day listing. Castles and Attics. AS AGENT The lots listed in this catalogue will be offered by Castles and Attics as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. BEFORE THE SALE Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place.. All lots are sold AS IS and without recourse and neither Castles and Attics nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Castles and Attics. nor its consignor(s) 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. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the 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. Castles and Attics. and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Castles and Attics. expressly reserves the right to reproduce any image of the lots sold in the catalogue. AT THE SALE Refusal of Admission: Castles and Attics has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid online or in person. 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. BIDDING Auction lots will have a staggering ending time starting at 5pm or 6pm EST, depending on the season. All of our auctions have soft close times. First lot closes Soft Close on this auction at 5pm or 6pm EST. Stagger time will be 20 seconds to 1 minute depending on the total lot count. Bid early and often on the lots you are interested in. Any bids placed in the last two minutes of time remaining will extend the total time. If two bidders place high bids that are the same amount, the FIRST recorded bid becomes the winner. Always make sure you have the high bid before assuming you have purchased an item. C&A assumes no responsibility or liability in the bidding activities during the close of the auction. Once an item is closed, C&A cannot change the winning bidder status under any circumstances. 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. 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. sale record shall be conclusive. Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. AFTER THE SALE Buyer's Premium In addition to the hammer price, the buyer agrees to pay Castles and Attics. a buyer's premium and the applicable sales tax added to the final total. The buyer's premium for purchases made via online bidding is thirteen percent(15%) of the hammer. Payment The online buyers must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) immediately at the conclusion of the sale. The credit card on file will be run immediately after the sale is concluded. If payment is declined, payment must be made the next day. Castles and Attics if accepted reserves the right to hold merchandise purchased by personal check until the check has cleared the bank . The purchaser agrees to pay Castles and Attics a handling charge of $50 for any check dishonored by the drawee. Collecting Purchases Once Castles and Attics has received all funds due to us, the buyer shall collect purchased lots on the posted pick-up days from the auction. Any items not picked up on those days, will automatically be forfeited. Packing and Shipping We ship winning items for buyers at the buyer's expense. We charge a minumum $5.00 and charge $25 per hour for labor to pack items, cost of packing material, and actual shipping cost. Shipping is a service we provide we are not a packing service so it may take two weeks for us to get your items out to you. 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 TO EXPENSIVE. Non Payment If we do not receive payment in full, in good cleared funds, within 24 hours 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, and with the purchaser 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. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. 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. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate Failure to Collect Purchases If property is not picked up within the pick-up day(s) following the sale, whether or not payment has been made, Castles and Attics reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Castles and Atticsshall have no liability for any damage to property left on its premises for more than the stated pick-up days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you. LIABILITY Condition Reports Castles and Attics 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, completeness, authorship, 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. Items under $1,000 are collated upon request. 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, Castles and Attics 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 Indiana. 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. Discretion Any and all of the conditions may be waived or modified in the sole discretion of Castles and Attics --------------------------------------------- ------------------------------------------ Terms Of Use Seller User Terms Bidder User Terms