Auctioneer's Discretion
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
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, Estate Sales by Tiffany. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the 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 Estate Sales by Tiffany. a buyer's premium added to the final total. The buyer's premium for purchases made via online bidding is nineteen percent(19%) 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. Invoices will be sent to buyer by email to be paid immediately.
Collecting Purchases
Once Estate Sales by Tiffany. 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
SHIPPING WILL BE AVAILABLE ON SOME ITEMS.
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 days following the sale, whether or not payment has been made, Estate Sales by Tiffany. 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. Estate Sales by Tiffany shall 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
Estate Sales by Tiffany. 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, Estate Sales by Tiffany. 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 Tennessee. 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 Estate Sales by Tiffany
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