Terms and Conditions of Sale

Binding Terms

All lots presented for public auction will be offered by Sickelsmith Auction Services as owner or as agent for consignor subject to the following terms and conditions. All potential buyers who become bidders at Sickelsmith Auction Services acknowledge that they have read these terms and conditions of sale, and that by placing their bids agree to be bound thereby.



As Is

All lots are sold "AS IS" in their present condition and in units of measure as announced, without recourse, and neither Sickelsmith Auction Services nor its consignor makes any warranties or representations, express or implied, with respect to such lot/s. The auctioneer/s reserves the right to group, modify, increase, diminish or delete lots at their sole discretion.



All references to any lot/s, made orally or in writing elsewhere, and whether made an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer or auctioneers staff, or otherwise, to the description, quantity, merchantability, fitness for purpose, authenticity, defects or restoration are for identification and guidance only. Sickelsmith Auction Services is not responsible for omissions or errors of any kind concerning any lot.



Prospective buyers are advised to inspect and evaluate personally, or by knowledgeable representatives, any property in which they are interested before the auction takes place to determine its condition, authenticity, and fitness for intended purpose.



Registration

All purchasers are required to have a bidders number to bid and shall supply their full name, address and telephone number. A form of picture identification is required to verify information. Bidders will be identified by number rather that by name in order to expedite the auction.



Bidding

The auctioneer/s will receive bids from any responsible and registered bidder. When making a bid, a bidder is accepting personal liability to pay the purchase price, including any applicable buyer’s premium and sales tax.

The auctioneer/s reserve the right to bid on behalf of clients.



Auctioneer’s Discretion

The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, as well as the right to refuse to acknowledge any bidder, to advance the bidding in such a manner as he or she may decide, 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 re-offer and resell the item in dispute.

In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the Sickelsmith Auction Services sale record shall be conclusive.



Successful Bid

The highest bidder acknowledged by the auctioneer will be the purchaser.
Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such bidder thereupon assumes full risk and responsibility therefore including, without limitation, liability for loss, damage to or destruction of the purchased item.



Absentee Bids

We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of bidders who are not present at the sale in person. A completed and signed bid form must be submitted by five (5) o'clock p.m (EST) of the evening prior to sale. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. In the event of a tie bid between a floor and an absentee bidder, the floor bid will be honored. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.



Telephone Bids

Bidding live via the telephone is available on a first come, first served basis for those lots with a low estimate of one-hundred ($100) dollars, and If a prospective buyer submits a signed and completed bid form by five (5) o'clock p.m. (EST) of the evening prior to the day of sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone. Telephone bidders are advised to indicate an “insurance bid”, which amount will become an absentee bid in the event that auction staff cannot reach the bidder by telephone for a particular indicated lot. We do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding. These telephone bids may be recorded at the discretion of Sickelsmith Auction Services.



Employees 

Employees of Sickelsmith Auction Services are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public.



Reserves

Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. On lots in which there is a reserve price, the auctioneer/s shall have the right to bid on behalf of the seller.



Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Sickelsmith Auction Services. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. If the auctioneer/s decide that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance.



Payment 

The buyer must pay the entire amount due on the day of sale prior to removal of items from premises, by Cash or Check with proper ID. We also accept Credit/Debit Cards that have Chip capability or Contact-less payments. Buyers who bid by telephone or who are absentee bidders will be contacted within forty-eight (48) hours by telephone to schedule an appointment to come in and settle. Distant bidders will be invoiced by e-mail within forty-eight (48) hours after the close of the auction and must pay the entire amount due upon the receipt of invoice, and no later than five (5) days after the date of the auction.


In addition to the hammer price, the buyer agrees to pay Sickelsmith Auction Services a buyer’s premium and the applicable sales tax added to the final total. Buyer’s Premium. The buyer’s premium for all purchases is thirteen percent (13%) of the hammer price, three percent (3%) waived for cash or check. Sales Tax. When required by law, and applicable, sales tax will be paid on the hammer price and the buyer’s premium. All applicable purchases will be subject to Sales Tax unless the buyer provides a valid Tax Exempt Form and valid Tax Exempt number at the time of registration.



Sickelsmith Auction Services reserves the right to hold any merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Sickelsmith Auction Services a handling charge of twenty-five ($25) dollars for any check dishonored by the drawee.



Non Payment

If we do not receive payment in full, in good cleared funds, within fourteen (14) business days 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 the expenses of both sales. e.) to not allow any bids at any upcoming auction by or on behalf of the buyer.



Removal 

Removal shall be at the expense, liability, and risk of the purchaser. Sickelsmith Auction Services shall have no liability for any damage to property left on its premises and/or not removed on the day of auction.



All purchases are expected to be removed on the day of sale, otherwise, an appointed time should be made with the office to return for pickup of any items not able to be removed on the day of sale. Unless expressly stated buy the purchaser, and an appointment set up with the office, any lots or loose items left behind on the auction floor the day of sale will be considered abandoned and disposed off at the sole discretion of the auctioneer/s. We will use reasonable efforts to ensure that all purchases are fulfilled.



In the event of a successful absentee bid, all items must be removed within fourteen (14) days of the end of the auction. All items remaining after fourteen days may be subject to a ten ($10) dollar/per item/per seven (7) day storage fee. No items will be released unless storage fees are paid in full. If items remain over thirty (30) days from the close of the auction, whether or not payment has been made, the auctioneer/s shall have the option of removing and or reselling the property publicly or privately with such terms as we find appropriate, at the expense and risk of the purchaser for the buyer's account minus auction and storage fees.



Shipping

If a bid is successful and shipping is requested, we will use reasonable efforts to carry out the safe and proper shipment of all purchases. The parameters on items that can be shipped are governed by postal carriers and federal law. Any items that can be labeled hazardous, restricted or perishable, that exceed 70 lbs., or that measure over 108 inches in combined length and girth must be confirmed with Sickelsmith Auction services prior to placing a bid.



The Sickelsmith auction staff is available to package purchases for shipment, and to ship from either USPS or UPS. Unless special instructions are given, the shipping method shall be at the sole discretion of Sickelsmith Auction Services. Items will be shipped within five (5) business days of cleared payment. Shipping cost and all fees for tracking, insurance and packing materials will be the sole responsibility of the purchaser, and must be paid in full before shipment. A quote for specific lots can be supplied upon request. The shipment of any purchase is at the sole risk of purchaser and Sickelsmith Auction Services will have no liability of any loss or damage to such items, whether from packing or shipping, or be held accountable for any loss, damage or delay from the shipping of any property by selected carriers. Sickelsmith Auction Services reserves the right to refuse the shipment of any item/s by its own staff.



When requested, we may arrange for packing and shipment of paid purchases to be handled by a clients preferred shipper. Items must be picked up from our facility and a signed release form must be on hand before the release of any items. Sickelsmith Auction Services is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property by selected shippers.



Membership Terms

A membership is available to interested clients. It is not required in order to attend or to place your bids. With the membership you will be provided a permanent buyers number and will not be charged a buyers premium under the following conditions: (1.) There is a one time fee of one-hundred ($100) dollars for membership. The fees must be paid in full at the time of sign-up. The membership fees are not prorated and are non-refundable. (2.) The term begins and ends in the current calendar year. If your membership is not renewed within ninety (90) days of the new year your permanent number will be withdrawn. (3.) You are still responsible for the ticket sale totals, sales tax and 3% payment fees when applicable. (4.) You still need to check in at each auction you attend before bidding. A card will be provided and must be presented to receive the discount on buyers premium.




Claims

No claims will be allowed after goods are removed from premises. No payments will be refunded. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse. Personal and property risk. Persons attending during exhibition, sale or removal of goods assume all risks of damage of, or loss to, person and property, and specifically release Sickelsmith Auction Services from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.



Waiver of Conditions

Any and all of these conditions, as well as any and all additional terms are subject to amendment by oral and/or posted announcements during the sale. Announcements made day of auction may take precedence over these Terms and Conditions of Sale or other printed material.

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