By bidding at our auction, whether in
person, by phone, absentee bid, or on the internet, you agree to be
bound by the following terms and conditions. As used in the following
terms and conditions, "MMA", "We",and "Us" refers to Mercer and Middlesex Auctions, LLC.
1. There is a 20% buyer's premium added
to the successful hammer price of every lot, which the purchaser of
the lot agrees to pay along with applicable taxes as part of the
total purchase price.
2. Payment for auction lots and
premiums, can only be made by cash, check, bank wire transfer
(domestic or international) or money order. Credit cards can only be
accepted by special arrangement; the prospective buyer should contact
us in advance. We reserve the right to hold items paid by check from
unknown buyers until payment has cleared.
3. Lots purchased online may be subject
to a different buyer's premium, as specified in the online version of
the catalog as posted on the site through which the lot is purchased.
4. MMA is required by law to collect
and remit the appropriate sales tax in the State of New
Jersey. Unless exempted by the law, the purchaser will be required to
pay state, and local sales taxes, any applicable compensating use
taxes of another state, and if applicable, any federal luxury or
other tax, on the total purchase price including buyer's premium.
Purchases picked up or delivered to locations in New Jersey State
are subject to sales or compensating use tax of
corresponding jurisdiction. Buyers claiming exemption from sales tax
must have the appropriate documentation on file with MMA prior to the
release of the property. If property is delivered to a state where
MMA is not required to collect sales tax, it is the responsibility of
the purchaser to self-assess any sales or use tax and remit it to
taxing authorities in that state. MMA is not required to collect
sales tax for property delivered to the purchaser outside of the
United States.
5. If the auction is conducted outside
our premises in New Jersey, purchaser is expected to pay all
applicable sales and use taxes as governed by the law of the state in
which the auction is conducted.
6. Any items bought by phone, absentee
bid, or online, or otherwise not picked up in person on the auction
day, will be stored by MMA and will be made available for shipment or
pick-up by appointment only. Purchaser should contact MMA at the time
of payment if they have specific preferences with regard to shipment.
7. The items offered for sale by Mercer
and Middlesex Auctions, LLC. are offered either as agent for
consignors or by us as owner. The contract for sale of the items is
made therefore between the consignor of the property and the buyer.
In cases where we own the property, the contract for sale is made
between us and the buyer.
8. Bidders should personally examine
each lot on which they will be bidding, in order to determine
condition, size, and restoration or repair. All items are sold as-is
and where-is. Mercer and Middlesex Auctions, LLC. disclaims any
express or implied warranties or guarantees as to the authenticity,
condition, merchantability, fitness for a particular purpose,
correctness of the catalog or supplemental material, or other
description of the physical condition, size, quality, rarity,
importance, medium, provenance, exhibitions, literature or historical
relevance of any property. No statement made anywhere, by us, our
employees, officers, or agents, whether written or verbal, shall be
deemed such a warranty or assumption of liability. Estimates of the
selling price should not be relied on as a statement that this is the
price at which the item will sell or its value for any other
purposes. Photographic images of items being offered, whether
provided in print or online, as well as references in the catalogue
entry or condition report to damage or restoration are for guidance
only and are provided as a convenience to prospective bidders. The
absence of any reference in a condition report or photograph does not
imply that an item is free from defect or restoration, nor does a
reference to particular defects imply the absence of any others.
Neither MMA nor its consignors are responsible in any way for errors
and omissions in the catalogue, condition reports, or any other
supplemental material. All sales are considered final with the
following exception: MMA will agree to a refund of the purchase price
if within twenty-eight (28) days of purchase, the purchaser obtains
and sends to MMA a signed written letter from a mutually recognized
expert stating unequivocally that the auctioned item is a forgery.
9. A prospective buyer must complete
and sign a registration form before bidding. MMA reserves the right
to require bank or other financial references for participation in
the auction or bidding on a specific lot. MMA has the right at our
complete discretion to refuse any individual bidder's participation
in any auction. When making a bid, a bidder is accepting personal
liability to pay the purchase price, including the buyer's premium
and all applicable taxes, plus all other applicable charges, unless
it has been explicitly agreed in writing with Mercer and Middlesex
Auctions, LLC. before the commencement of the sale that the bidder is
acting as agent on behalf of an identified third party acceptable to
us, and that we will only look to the principal for payment.
10. We reserve the right to withdraw
any property before or during the sale and shall have no liability
whatsoever for such withdrawal.
11. Unless otherwise announced by the
auctioneer, all bids are per lot as numbered in the catalogue.
12. Mercer and Middlesex Auctions, LLC.
and its auctioneer have the right at our absolute and sole discretion
to refuse any bid, to advance the bidding in such a manner as we may
decide, to withdraw or divide any lot, to combine any two or more
lots 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. We reserve the right to reject any bid. Subject to our
discretion, the highest bidder accepted by the auctioneer will be the
buyer and the striking of his hammer marks the acceptance of the
highest bid and conclusion of a contract for sale between the seller
and buyer.
13. All lots in this catalogue are
offered subject to a reserve, which is the confidential minimum
hammer price at which a lot will be sold. Reserves are agreed upon
with consignors or, the absence thereof, in the absolute discretion
of MMA. We may implement reserves by opening the bidding on behalf of
the consignor and may bid up to the amount of the reserve, by placing
successive or consecutive bids for a lot, or bids in response to
other bidders. In certain instances, the consignor may pay us less
than the standard commission rate where a lot is "bought-in" to protect its reserve. If the auctioneer decides that any opening
bid is below the reserve of the article offered, he may reject the
same and withdraw the article.
14. Subject to fulfillment of all of
the conditions set forth herein, on the fall of the auctioneer's
hammer, title to the offered lot will pass to the highest bidder
acknowledged by the auctioneer, and such bidder thereupon (a) assumes
full risk and responsibility therefore and (b) will immediately pay
the full purchase price or such part as we may require. In addition
to other remedies available to us by law, we reserve the right to
impose from the date of sale a late charge of the annual percentage
rate of 12%, of the total purchase if payment is not made within
seven days of the sale. All property must be removed from our
premises by the purchaser at his expense not later than 10 business
days following its sale and, if it is not so removed (i) a handling
charge of 1% of the total purchase price per month from the tenth day
after the sale until its removal will be payable to us by the
purchaser, with a minimum of 5% of the total purchase price for any
property not so removed within 60 days after the sale, and (ii) we
may send the purchased property to a public warehouse for the
account, at the risk and expense of the purchaser. If any applicable
conditions herein are not complied with by the purchaser, the
purchaser will be in default and in addition to any and all other
remedies available to us and the Consignor by law, including, without
limitation, the right to hold the purchaser liable for the total
purchase price, including all fees, charges and expenses more fully
set forth herein, we, at our option, may (x) cancel the sale of that,
or any other lot or lots sold to the defaulting purchaser at the same
or any other auction, retaining as liquidated damages all payments
made by the purchaser, or (y) resell the purchased property, whether
at public auction or by private sale, or (z) effect any combination
thereof. In any case, the purchaser will be liable for any
deficiency, any and all handling charges, late charges, expenses of
both sales, our commissions on both sales at our regular rates, legal
fees and expenses, collection fees and incidental damages. We may, in
our sole discretion, apply any proceeds of sale then due or
thereafter becoming due to the purchaser from us, or any payment made
by the purchaser to us, whether or not intended to reduce the
purchaser's obligations with respect to the unpaid lot or lots, to
the deficiency and any other amounts due to us. In addition, a
defaulting purchaser will be deemed to have granted and assigned to
us a continuing security interest of first priority in any property
or money of or owing to such purchaser in our possession, and we may
retain and apply such property or money as collateral security for
the obligations due to us. We shall have all of the rights accorded a
secured party under the applicable Uniform Commercial Code. Payment
will not be deemed to have been made in full until we have collected
good funds, and we shall be entitled to retain items sold until all
amounts due to us have been received in full in good cleared funds or
until the buyer has satisfied such other terms as we, in our sole
discretion, shall require. In the event the purchaser fails to pay
any or all of the total purchase price for any lot and MMA
nonetheless elects to pay the Consignor any portion of the sale
proceeds, the purchaser acknowledges that MMA shall have all of the
rights of the Consignor to pursue the purchaser for any amounts paid
to the Consignor, whether at law, in equity, or under these
Conditions of Sale.
15. MMA is under no obligation, but may
agree, to package and ship an item at the request of the purchaser.
The purchaser agrees that packaging, shipping and handling is the
absolute risk of the purchaser. The purchaser will pay all costs
including, but not limited to, the handling and insurance associated
with shipping. MMA will be held harmless from any claim and any
rights of subrogation from an insurance carrier are waived against
MMA. We are not responsible for the acts or omissions of third
parties whom we might retain for the purposes of handling, packing
and shipping. Similarly, where we may suggest handlers, packers or
carriers, we do not accept responsibility for their acts or
omissions.
16. We are under no obligation to
assist in applying for an export license, but if the buyer requests
us to apply for an export license on his or her behalf, we shall be
entitled to make a charge for this service. We shall not be obliged
to rescind a sale nor to refund any interest or other expenses
incurred by the buyer where payment is made by the buyer in
circumstances where an export license is required.
17. We will use reasonable efforts to
carry out written bids delivered to us prior to the sale for the
convenience of clients who are not present at the auction in person,
by an agent or by telephone. If we receive written bids on a
particular lot for identical amounts, and at the auction these are
the highest bids on the lot, it will be sold to the person whose
written bid was received and accepted first. 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
it. With regards to telephone bids, if a prospective buyer makes
arrangements with us prior to the sale we will use reasonable efforts
to contact them to enable them to participate in the bidding by
telephone but we do not accept liability for failure to do so or for
errors and omissions in connection with telephone bidding. We are
also not liable for any failure or execution to take bids submitted
to us via third party internet sites, nor are we liable for any
technical difficulties involved in receiving those bids.
18. In no event will our liability to a
purchaser exceed the purchase price actually paid.
19. We reserve the right to retain,
publicize, and publish any photographs and descriptions of property
we offer both prior to the auction and afterwards. We reserve the
right to publicize and provide the results of any sale, including
images, on our own website as well as to any third party we choose,
including online auction-result databases. All images, text,
photographic reproductions, and design in this catalogue are subject
to copyright and may not be reproduced without our explicit written
permission. We and the consignor make no representations and
warranties, express or implied, as to whether the purchaser acquires
any copyrights, including but not limited to, any reproduction rights
in any property.
20. If any part of these terms and
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. These conditions of sale, as well as the purchaser's and our
respective rights and obligations hereunder, shall be governed by and
construed and enforced in accordance with the laws of the State of
New Jersey. By bidding at an auction, whether present in person or by
agent, order bid, telephone or other means, the purchaser shall be
deemed to have consented to the jurisdiction of the state courts of,
and the federal courts sitting in, the State of New Jersey.
21. Due to limitations of the on-line catalog's technology, users of the on-line catalogs are unable to see immediately the full item description, and are initially presented with a truncated description that in many cases is lacking important information. To alleviate this problem, descriptions in the on-line catalog for this auction that may be posted on the LiveAuctioneers website (www.LiveAuctioneers.com), have been expanded to include a simplified heading (of 50 characters or less) that is not included into the catalog published in the pdf or printed format. Such headings are not the part of the lot description, and are provided for ease of use only, as are the Search expansion words found in the end of detailed on-line lot descriptions. Users of the on-line catalogs should make sure that they read the full lot descriptions, and not just the simplified headings. In the full lot descriptions on-line, simplified headings can be easily distinguished, as they appear immediately after the lot number and are in different color and/or font size from the description to follow. Search expansion section starts with the "Search expansion words" phrase. MMA may also post an on-line catalog on its website, using different conventions. All bidding in this auction is per lot number and according to the descriptions that appear in the auction catalog as printed or as published in the pdf format on the MMA website.
22. MMA reserves the right to waive or
modify the conditions and terms of sale by written agreement.
Bidding on any item indicates your acceptance of these terms and conditions, as outlined above.