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**A modified format of these conditions applies to EbayLive
bidders. Please refer to the sale-specific conditions of sale
noted on the Ebay auction you are interested in. Ebay bidders
pay a 20% buyer's premium. |
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1 |
Correctness of Description |
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Robert C. Eldred Co., Inc.
(hereinafter referred to as Eldred's) has exercised reasonable
care to catalog and describe correctly the property to be sold,
but neither Eldred's nor its consignors warrant the correctness of
description, attribution, authenticity, or condition of said
property. No statements shall be deemed such a warranty or
representation or an assumption of liability with respect thereto,
but are to be construed as opinions only. Bidders are encouraged
to personally examine all property to be sold prior to the
beginning of the auction. |
| 2 |
Unless otherwise announced by the
auctioneer at the time of sale, all bids are per lot as numbered. |
| 3 |
Eldred's reserves the right to
withdraw any property before the sale. |
| 4 |
Determination of the Highest Bidder |
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The highest bidder accepted by the
auctioneer shall be the buyer. In the event of any dispute between
bidders, the auctioneer may determine who is the successful bidder
or the auctioneer may re-offer the article in dispute and his
decision shall be final. |
| 5 |
Rejection of Bids |
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The auctioneer reserves the right to
reject any nominal raise or any bid or raise which, in his
opinion, is not commensurate with the value of the article being
offered. At his discretion, he may also reject any nominal raise
or any bid that he may determine as having a detrimental effect on
the item in question or the sale as a whole. Eldred's may refuse
to issue bidding privileges to any person not in good credit
standing with Eldred's, or to any person who is deemed by Eldred's
in its sole discretion, to be disruptive of or harmful to
established auction practices, either before or after the
acceptance of bids or the fall of the hammer. |
| 6 |
Title |
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Except as herein otherwise provided,
title will pass to the highest bidder as determined by the
auctioneer, and the property is thereafter at the purchaser's sole
risk and responsibility. |
| 7 |
Payment |
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On title passing to the highest
bidder acknowledged by the auctioneer, and subject to all the
conditions set forth herein, such bidder will thereupon pay the
full purchase price. Payment in full is due at the time of sale.
Any bills not paid in full within 25 days of the date of the sale
will accrue interest at a rate of 1.5% per month. In addition, the
purchaser may be subject to one or more of the following actions:
a) Any and all legal remedies available to Eldred's and its
consignors by law including without limitation the right to hold
the purchaser liable for the total purchase price; b) Immediate
cancellation of the sale, with Eldred's retaining as liquidated
damages all payments made by the purchaser; c) Resale of the
property at public auction, wherein the original purchaser shall
be liable for any deficiency, costs, and Eldred's commission on
both sales. At Eldred's option, payment will not be deemed to have
been made in full until Eldred's has collected funds represented
by checks, or in the case of bank or cashier's checks, their
authenticity has been confirmed. A buyer's premium will be added
to the hammer price to be paid by the buyer as part of the
purchase price. |
| 8 |
Order Bids |
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Subject to these Conditions of Sale
and to such terms and conditions as it may prescribe, but at no
charge to the customer, Eldred's will undertake to execute all
order bids submitted to it by a customer who has established
credit with said company. Requests for such bidding must be given
in writing with such clearness as to leave no room for
misunderstanding as to the amount to be bid and must state the
catalog number and the name or title of the article to be bid on.
Telephone bids must be confirmed in writing or by cable. All bids
are kept in strict confidence. In the event of identical bids, the
earliest will take precedence. Eldred's shall not be held
responsible for errors or failure to execute bids. A deposit of
10% of the total amount bid is required.
Telephone Bids: While the sale is in progress, bidding
by telephone may be allowed by the auctioneer at his discretion. A
deposit of 10% of the anticipated top bid is required. Eldred's
shall not be held responsible for any failure to properly execute
such a bid whether it be due to equipment failure, loss of
connection, or failure to hear or understand the bidder's
directions. Any advice or opinions provided by Eldred's or its
employees are given strictly as a courtesy and are not a warrant
of condition, attribution, authenticity, or description of said
property. All bidding by telephone is solely at the risk of the
bidder. |
| 9 |
Condition |
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If for any cause whatsoever any
article sold cannot be delivered, or cannot be delivered in as
good condition as the same may have been at the time of sale, due
to a failure or damage on the company's part, the sale will be
cancelled, and any amount that may have been paid on account of
the sale will be returned to the purchaser. EXCEPTION: Eldred's
will not be held responsible for damage to picture frames or
lampshades. |
| 10 |
Sales Tax |
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All purchases are subject to the
Massachusetts sales tax (currently 5%) unless the purchaser A)
possesses a Massachusetts sales tax exemption or resale number and
registers that number with the company, B) is an out of state
vendor who meets all the requirements of Massachusetts Department
of Revenue GLC 64H 1(5) and Directive 89 10 and registers with the
company prior to each purchase, or C) has purchases shipped out of
state directly from Eldred's by a bona fide shipping agent.
Dealers, museums, etc. can apply for a Massachusetts number prior
to the auction by contacting the Massachusetts Department of
Corporations and Taxation, 100 Cambridge Street, Boston, MA 02204. |
| 11 |
Reserves |
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Unless advertised as an "Unreserved
Auction", all sales may have items subject to reserve (an agreed
upon price between the auctioneer and the consignor, below which
the article will not be sold). |
| 12 |
Undelivered Items |
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All purchases not picked up within
two weeks of the day of the sale may be shipped by Eldred's to the
purchaser. All shipping, packing and handling charges will be the
responsibility of the purchaser. If said articles have not been
paid for, see paragraph 7 above. |
| 13 |
Packing |
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Purchasers are advised that packing
and/or handling by Eldred's employees is undertaken solely as a
courtesy for the convenience of customers. In the case of fragile
articles, it will be undertaken at the sole discretion of the
company. Handling and packing by Eldred's is at the risk of the
purchaser. SHIPPING: When requested, Eldred's may arrange shipment
of paid purchases. Eldred's will not be responsible for damage or
loss once the item has been received by the shipper. In the case
of fragile articles, shipping will be undertaken at the sole
discretion of the shipper. Please refer to our Advice to Bidders
for details. |
| 14 |
These Conditions of Sale cannot be
altered except in writing by Eldred's or by public announcement by
the auctioneer at the time of the sale. |
| 15 |
Bidding on any article(s) indicates
acceptance of the terms set forth above. |
| 16 |
These Conditions of Sale and any
suits arising thereunder shall be construed and governed by the
laws of Massachusetts. |
