Terms of Sale
General Auction Terms:
All items are sold as is, where is, with all faults. There are no warranties of any kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them, and that you have read and agreed to the auction terms. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information to the best of our knowledge. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final.
Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying "sold." We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.
Note for internet bidders, there are at times a delay with internet bids, we suggest a bidder leave a backup absentee bid online to insure one doesn't lose out, (as our auctioneers sell 60 lots per hour) absentee bid amounts are unknown to the auctioneer and are implemented as needed until the bid exceeds all other bids and the lot will be won for that amount or until amount is exhausted and the lot sells above your bid to another buyer.
In Person Bidding:
Bidding in person, the traditional method of bidding at auction, is the most exciting, effective, and successful way to participate. When you arrive at our gallery, please register for a bidder number with our staff. You will need to present a photo ID and contact information.
Once the sale begins, the auctioneer will announce each lot and open the bidding in the gallery. To bid, simply raise your bidder number for the auctioneer to recognize your bid. The bidding progresses in sequentially higher increments. Once the bidding stops, the auctioneer will declare the item sold and ask for the bidder number of the successful bidder on the lot.
Internet Bidding:
In-House bidders are the most assured of having their bids recognized; in-house absentee bids and in-house phone bidding are the second-best options. Internet bidding has the smallest success rate and the biggest margin for error, as this is the option we have the least control over.
If it is imperative for one to attempt to successfully purchase a lot, then attending the auction, or bidding directly through our gallery via phone or absentee bidding, is strongly advised.
There may be delays beyond our control receiving and processing internet bids, which creates potential for error and missed bids. Additionally, third party bidding platforms are operated manually during live auctions, creating the potential for both technological and human error.
If online bidding is your only option, leaving an online backup absentee bid prior to the start of the auction is the most secure way to bid online. Online absentee bid amounts are unknown to the auction house and are implemented via the online platform software as needed to compete against other online absentee bids, until the live auction begins.
Once the live auction begins, online absentee bids, and live online bids, are then implemented manually until either the left bid amount is surpassed, or all other bidding ends and the lot is won. For online absentee bids this can be at your maximum bid amount or below it. As noted above, online absentee bids, and online live bids, do create a risk that the bidder will be unsuccessful even if they believe their bid is the highest or the winning bid, due to the potential of failure of the various digital platforms to properly or timely interface, and/or the speed at which operators must act to try to make sure an online absentee bid, or live online bid, is brought to the attention of the auctioneer.
Breech of Contract:
If you are the successful bidder, you are bound by contractual law to follow through on your purchase. If William Smith employs an attorney to institute suit to enforce any of the provisions hereof, to protect its interest in any matter arising under these terms of sale or with respect to full payment by the successful buyer, to collect damages for the breach by the buyer to these terms of sale or to recover sums owed pursuant to these terms of sale, William Smith shall be entitled to recover from the successful bidder, reasonable attorneys' fees, costs, charges, and expenses expended or incurred therein. WE WILL PURSUE ALL LEGAL AVENUES TO COLLECT PAYMENT.
Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying "sold." We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction, it will be offered again only at the auctioneer's discretion.
Rule of Thumb for Internet Bidders:
In-House bidders are the most assured of having their bids recognized, in-house absentee bids and in-house phone bidding are the second best options. With internet bidding being the last option, as this is the option we have the least control over, and has the most potential for error.
So, if it is imperative for one to attempt to successfully purchase a lot, then attending the auction, or bidding directly through our gallery via Phone or Absentee bidding, is very strongly advised.
There may be delays beyond our control receiving and processing internet bids, which creates potential for error and missed bids. Additionally, third party bidding platforms are operated manually during Live Auctions, creating the potential for both technological and human error. Due to the potential for error via any delay caused by internet connectivity or the interface between bidding platforms and the use to the internet to bid as well as due to the possibility of human error, we highly recommend that if a bidder cannot be present at an auction to bid live, that they leave their bids with us In-House, via an Absentee Bid or a Phone Bid.
If online bidding is your only option, leaving an online backup absentee bid prior to the start of the auction is the most secure way to bid online. Although because this is an online internet bid there is potential for delays and errors once the auction goes live. Online absentee bid amounts are unknown to the Auction House, and are implemented via the online platform software as needed to compete against other online absentee bids, until the live auction begins.
Once the live auction begins, online absentee bids, and live online bids, are then implemented manually, until either the left bid amount is surpassed or all other bidding ends and the lot is won for the increment at the time all other bidding ends. For online absentee bids this can be at your maximum bid amount or below it. As noted above, online absentee bids, and online live bids, do create a risk that the bidder will be unsuccessful even if they believe their bid is the highest or the winning bid, due to the potential of failure of the various digital platforms to properly or timely interface, and/or the speed at which operators must act to try to make sure an online absentee bid, or live online bid, is brought to the attention of the auctioneer, before the bidding on an item is closed by the auctioneer.
Payment
Payment:
Invoices will be emailed directly after the auction concludes.
Payment is expected promptly and within FIVE business days of receipt of the invoice.
Credit card, PayPal, cash and check are acceptable forms of payment.
Established customers may pay with credit card, cash, or check.
New clients must pay with cash or approved bank check.
Without prior approval, credit cards are not accepted for purchases of Gold, Jewelry, and Precious Metals.
Wire transfer is available for a fee of $25 International, $10 Domestic.
Payment can be mailed to:
Wm. A. Smith Auctioneers & Appraisers
PO Box 49
Plainfield NH 03781
Or by contacting our office at 603-675-2549
