The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Ann Milton Realty & Auctions, and any consignor of such property for whom we act as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the buyer or bidder agrees to be bound by these Conditions of Sale.
By registering to bid, buyer is agreeing to abide by the following terms and conditions:
1. You must register to bid.
2. You must be 18 years of age or older.
3. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Ann Milton Realty & Auctions attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. All sales are final!
4. All property is sold “AS IS, WHERE IS” and neither Ann Milton Realty & Auctions nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
5. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on Ann Milton Realty & Auctions part as to the validity of any bid, the auctioneer will have the 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, Ann Milton Realty & Auctions sale record is conclusive.
6. The purchaser assumes full responsibility for items at the fall of the hammer.
7. As a convenience to customers, absentee bids and phone bids will be executed by Ann Milton Realty & Auctions personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Ann Milton Realty & Auctions will not be responsible for failure to execute absentee or phone bids.
8. There will be a buyer’s premium of 18% added to the hammer price of each lot and it will be considered part of the total purchase price. All purchases will be subject to an 7% North Carolina sales tax unless you are a N. Carolina resident and you possess a valid tax-exempt number. Ann Milton Realty & Auctions must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions!
9. PAYMENT- For items purchased, you will be charged immediately following the close of the auction.
10. SHIPPING – It is the buyer’s responsibility to arrange for and pay for shipping. Ann Milton Realty & Auctions will not be packing or shipping any items won on the Internet. A third party shipper will be used. Please contact Ann Milton Realty & Auctions for specific instructions on packing or method of shipping. Shipper may be adding a signature confirmation to all items shipped, unless otherwise stated from buyer. If furniture is bought, the buyer is responsible for the pickup and shipping. ANY item that is not removed day of pickup will become property of Ann Milton Realty & Auctions and will be resold.
11. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
12. Ann Milton Realty & Auctions reserves the right to withdraw any lot at any time before the end of auction without liability.
13. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.
14. A range of estimates may be given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.
15. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Ann Milton Realty & Auctions at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
16. Live internet bidding is available during the auction. Current bids on the internet will be executed on your behalf during the auction by www.hibid.com. However, Ann Milton Realty & Auctions, cannot be held liable for live internet bids that are not sent, received, or executed by the administrator. If you are bidding live, real-time on-line, please bid quickly because there is a time delay in receiving live bids. In the unlikely, event that we lose our internet connection, Ann Milton Realty & Auctions reserves the right in its sole and absolute discretion to continue or to cancel the remainder of the auction.
17. Some lots may be offered with a “reserve” which is the minimum price below which the lot will not be sold. Ann Milton Realty & Auctions may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneer may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. In some event the reserve may be the low estimate.
Ann Milton Realty & Auctions NCAFL 10551
Randy Yost Auctioneer NCAL 10536