CONDITIONS O F SALE Byrdcliffe 2005 Rose Valley October 27, 2005
1. All property is sold AS IS and neither the auctioneer nor the
consignor make any warranty or representations of the
correctness of the catalogue or other description of the authenticity of authorship,
physical condition, size, quality, rarity,
importance, provenance, exhibitions, literature or historical relevance of the
property, and no statement whether oral or
written shall be deemed such a warranty or representation.
2. The auctioneer has catalogued and described each lot with great care as to
authenticity, condition and measurement.
Although all items are sold AS IS, James R. Bakker (hereafter referred
to as Bakker) will stand behind the authenticity
of each lot offered and will consider refunds in full provided that we are notified
in writing within 14 days of the sale that
the lot is a forgery and that the lot is returned to us within 21 days of the
sale in the same condition in which it was sold
accompanied by the written testimony of two recognized experts. Under no circumstances
whatsoever will refunds be
considered for discrepancy of condition. If in doubt, please retain the advice
of a restorer or consultant prior to the sale.
NO REFUNDS WILL BE CONSIDERED IF THESE CONDITIONS ARE NOT MET TO THE LETTER.
3. Some of the lots are offered subject to a reserve. The reserve is a confidential
minimum price established between the
seller and Bakker below which the lot will not be sold. A representative of
Bakker will execute such reserves by bidding
for the consignor. Under no circumstances will this figure exceed the low estimate.
The auctioneer also reserves the right
to reject any bid or raise not commensurate with the value of the lot, to withdraw
the lot, or to re-offer the lot in the event
of a disputed bid. In all cases, the auctioneers decision and record of
final sale shall be conclusive.
4. On the fall of the auctioneers hammer, title to the offered lot shall
pass to the buyer who shall forthwith assume full
risk and responsibility for the lot.
5. All purchases are subject to a buyers premium of 15% of the final bid
payable by the buyer. In addition, the buyer shall
also pay 6% Pennsylvania sales tax unless purchased for resale. Dealers must
hold a valid Sales Tax number and register
that number with us in advance.
6. Absentee and telephone bids executed by Bakker are provided for the convenience
of bidders unable to otherwise
attend the auction. If matching bids are made by 2 or more parties, the earliest
bid shall take preference.
We assume no responsibility for any errors in the execution of these bids or
failure to execute the bids.
7. Personal checks will be acceptable only if credit has been previously established
with Bakker or if a bank letter
has been received prior to the sale guaranteeing said personal check. Bakker
further reserves the right to hold merchandise
purchased by personal check until the check has cleared at the discretion of
the auctioneer to protect his interest.
Makers of bad checks will be prosecuted to the full extent of the law.
8. ALL ITEMS MUST BE REMOVED AND PAID FOR IN FULL THE DAY OF THE SALE UNLESS
OTHER ARRANGEMENTS HAVE BEEN PREVIOUSLY AGREED UPON BY THE AUCTIONEER.
BUYERS WILL BE CHARGED A LATE CHARGE OF ONE AND ONE HALF PERCENT (1%) PER
MONTH OF THE TOTAL PURCHASE PRICE IF PAYMENT IN FULL IS NOT RECEIVED BY
BAKKER IN ACCORDANCE WITH THESE CONDITIONS OF SALE.
9. ALL ITEMS NOT TAKEN THE DAY OF THE SALE MAY BE TRANSPORTED BY BAKKER OR BY
COMMON CARRIER TO A RECOGNIZED STORAGE FACILITY AND STORED AT THE RISK AND
EXPENSE OF THE PURCHASER. THERE IS A FEE OF $100.00 PER LOT CHARGED FOR ALL
ITEMS
SO TRANSPORTED.
10. The packing and handling of purchased lots by Bakker staff is undertaken
solely as a courtesy to clients. Charges for
this service include labor, materials, and postage or freighting. In no event
will Bakker be liable for damage regardless of
cause. All shipments will be C.O.D. unless otherwise arranged. Bakker may refuse
to execute packing and shipping
instructions on items that in its judgment are too fragile or too valuable for
shipment by common carrier.While Bakker
may recommend packers and shippers, Bakker is not responsible for the performance
of any packers or shippers.
11. All sales are final subject to the above conditions. In no event will Bakker
liability to a purchaser exceed the actual
purchase price.
12. Bidding on any article(s) indicates your acceptance of these terms and any
other which may be announced from
the block at the time of the sale. Absentee bids will be protected against any
significant changes.