Any Prospective Bidder (hereinafter referred to as Bidder and sometimes Buyer) who bids on any item, hereby agrees to these Conditions of Sale of John M. Hess Auction Service, Inc. (also d/b/a Conestoga Auction Company, Hess Auction Group) (hereinafter referred to as the Auction Company) relative to property being offered for sale at auction. These Conditions of Sale and all other contents of the catalog are subject to amendment by the Auction Company by the posting of notices or by oral announcements made.
Auction Company has made every effort to catalog and correctly describe the property to be sold, however, all lots are sold 'AS IS' and should be examined prior to bidding. Flaws and imperfections caused in the making are not noted. Expect normal wear and oxidation on antique metal wares and crazing and normal glaze loss on pottery and ceramics. Any additional condition questions should be made 24 hours prior to the start of the auction to allow for our staff to review the items. In all matters, the records of the Auction will be final.
By participating in any sale, the Bidder agrees to be bound by the following terms and conditions:
A. This Auction has a 7% Buyers Premium for online bidders and 3% for credit cards. Onsite bidders DO NOT have buyers premium.
B. BIDDING INCREMENTS: The auctioneers will be using set bid increments. If you have placed absentee bids that do not follow the set increments, your bid will be executed at the set lower increment.
C. ON-LINE BIDDING: Auction Company will not be responsible for any omissions, errors or slow communications.
D. PAYMENT: Payment must be made prior to removal from the auction house. Failure to do so may result in forfeiture of items.
E. Credit Cards will be processed within 1 hour of the auction or 8:am the following business day
F. SHIPPING: No shipping
G. AS IS: Bidder agrees that before the Sale, Bidder or Bidder's agents should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Bidder is responsible for satisfying himself or herself concerning the condition of the property and the matters referred to in the Catalog. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All statements made in the catalog 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. Auction Company and the underlying owner of the property being sold ('Owner') assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold "as is" and neither Auction Company nor the Owner make any warranties or representations of any kind or nature with respect to the property being sold, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, attribution, provenance or condition of the property. Auction Company and the Owner make no representations as to whether Bidder acquires any reproduction rights in the property being sold at the Sale.
H. Withdrawal. Auction Company reserves the right to withdraw any property before sale and shall have no liability for such withdrawal.
I. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the Catalog.
J. Video or digital images. At some auctions a video or digital screen may be used. Auction Company is not liable for any errors in the operation or quality of the image presented.
K. Reserves. Unless the sale is advertised and announced as a sale without reserves, each lot may be offered subject to reserve. Auction Company may implement such reserves by bidding through its representatives on behalf of the Owner.
L. Bidding. Auction Company reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the sale record of Auction Company shall be conclusive in all respects.
M. Auctioneer's Discretion. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance.
N. Successful Bid. On the fall of the auctioneer's hammer, title to the offered lot will pass from Owner to the highest bidder acknowledged by the auctioneer, subject to these Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as Auction Company may require for all lots purchased.
O. Collateral/Security. The Buyer grants Auction Company a security interest in the purchase property and Auction Company may retain as collateral security for the Bidder's obligations to Auction Company any property or monies held or received by Auction Company for the account of the Bidder. Payment will not be deemed to have been made in full until Auction Company has collected funds represented by checks, or, in the case of bank or cashier?s checks, until Auction Company has confirmed their authenticity. Bidder agrees that a 1-1/2% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred.
P. Non-Payment. If the Bidder does not make full payment for the purchases within the time required, Auction Company is authorized in its absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Auction Company and the Owner: Auction Company is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the Buyer; (c) resell the property at public auction or private sale with terms that Auction Company deems appropriate; (d) to resell the property at public auction without reserve and the Buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) to offset the full purchase price against any amount owed by Auction Company to the Buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the Buyer; and (h) to take other actions as Auction Company find necessary and appropriate. The Buyer grants Auction Company a security interest in any property in Auction Company?s possession which is owned by such Buyer and Auction Company is authorized to hold such property as collateral security for such Buyer?s obligations. Buyer shall be liable to Auction Company for all other charges incurred because of Buyer's non-payment, including attorney fees, expenses and incidental damages. As between Auction Company and Owner, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Auction Company.
Q. Limitation of Liability. If, for any reason a purchased lot cannot delivered in the same condition as at the time of sale, or should any purchased lot be stolen, miss-delivered or lost prior to delivery, Auction Company shall not be liable for any amount more than that paid by the buyer.
R. Governing Law and Jurisdiction. The Conditions of Sale, as well as the Buyer's, Owner's and Auction Company's respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of Pennsylvania. All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, internet or other means, consent to the exclusive jurisdiction of the state courts located in Lancaster County, Pennsylvania.
S. Severability. If any part of the 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 of the law.
NOTE: Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All items are sold "as is" in accordance with the Conditions of Sale.
YOUR BIDDING ACKNOWLEDGES YOUR ACCEPTANCE OF THESE CONDITIONS OF SALE.