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Conditions of Sale
ACCEPTANCE OF TERMS: Bidding on any item, whether in person, by absentee bid, or via a real-time internet auction, indicates the bidder's agreement to be bound by these Terms and Conditions.
TERMS OF SALE: Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot, acknowledged by the auctioneer, shall be the "buyer". Any dispute that may arise as to bidding, or between two or more bidders, will be settled by the auctioneer and the auctioneer's decision will be final.
ESTIMATES: Pre-sale estimates are intended to be guides and may or may not reflect the actual selling price of a lot. MORTON AUCTIONEERS & APPRAISERS reserves the right to change estimates on any lot at any time.
RESERVES: Lots may be auctioned with reserve, and the auctioneer may bid on behalf of the reserve without further notice. Neither Consignors nor their agents, except as in the preceding sentence, are allowed to bid on their own items.
INSPECTION: All lots are available for inspection prior to the auction. We try to be as accurate as possible in our descriptions and measurements however, condition reports are always subjective and all dimensions should be considered approximate. We strongly urge you to make your own inspections. Responsibility rests with the buyer to assess the condition of any and all lots sold by MORTON AUCTIONEERS & APPRAISERS.
WARRANTIES AND DISCLAIMERS: All sales are final, with no returns or refunds. ANY AND ALL LOTS ARE SOLD "AS IS, WHERE IS" without any representations or warranties expressed or implied by MORTON AUCTIONEERS & APPRAISERS and/or the seller/consignor.
Catalogs, including on-line catalogs and brochures are intended as guides only, and are based on sources believed to be reliable, but whose accuracy cannot be guaranteed. No warranty, whether expressed or implied, is made with respect to any description or condition report contained in this auction or correspondence. Participation in the auction indicates your agreement with, and to be bound by, the above conditions.
INTERNET/ABSENTEE/PHONE BIDDING: Internet bidding may be available for certain auctions. There may be additional terms and conditions that apply to internet/absentee/phone bidding that should be reviewed prior to the auction. All absentee bids will be executed in accordance with the bid increment table. MORTON AUCTIONEERS & APPRAISERS is not responsible for failure to execute any bid for any reason.
BIDDING INCREMENTS: MORTON AUCTIONEERS & APPRAISERS reserves the right to change bid increments at any time prior to or during the auction.
BUYER'S RESPONSIBILITY: Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for that lot, including liability for loss or damage.
CANCELLATION OF SALE: If purchased property remains in the custody of MORTON AUCTIONEERS & APPRAISERS for a period of 60 days or more following the auction, MORTON AUCTIONEERS & APPRAISERS may, at its discretion, cancel the sale retaining as liquidated damages any payments made by the buyer.
Complaints or compliments should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711. 1-800-803-9202. Covered by the Recovery Fund.
The total purchase price payable by the buyer shall equal the Hammer Price of the Lot, the Buyer's Premium 22% (online buyer's premium 24%), and any and all applicable sales taxes. DOMESTIC CLIENTS: MORTON AUCTIONEERS & APPRAISERS accepts bank wire transfers, cash, cashier's checks, travellers checks, money orders, Visa, MasterCard, American Express or Discover credit cards. Additionally, (a) items purchased in person must be paid for on the day of the auction, otherwise the buyer's credit card will be charged the next day; (b) for items purchased via telephone or absentee bidding, the buyer's credit card will be charged the day after the auction or by the 5th day if good funds have not been received after the auction pursuant to an alternate arrangement with MORTON AUCTIONEERS & APPRAISERS; or (c) for items purchased online, the buyer will be emailed an invoice the day after the auction. Buyer shall be responsible for contacting MORTON AUCTIONEERS & APPRAISERS to make payments via telephone at 713-827-7835 or by email at [email protected] INTERNATIONAL CLIENTS: MORTON AUCTIONEERS & APPRAISERS accept bank wire transfers, Visa, MasterCard, American Express or Discover credit cards. Additionally, (a) for items purchased via telephone or absentee bidding, the buyer's credit card will be charged the day after the auction or by the 5th day if good funds have not been received after the auction pursuant to an alternate arrangement with MORTON AUCTIONEERS & APPRAISERS; or (b) for items purchased online, the buyer will be emailed an invoice the day after the auction. Buyer shall be responsible for contacting MORTON AUCTIONEERS & APPRAISERS to make payments via telephone at 713-827-7835 or by email at [email protected]
In house buyer's premium is 22% of the final bid price. For all others, buyer's premium is 24% of final bid price.
Buyers are required to pay any and all applicable state and local sales taxes. Tax exempt individuals, businesses, and organizations must present a valid tax exemption certificate at the time of purchase.
It is the responsibility of the buyer to remove purchased property at his or her expense after the auction. We do not make shipping arrangements. As a courtesy, upon the buyer's request, we will provide the name(s) and telephone number(s) of packing and shipping service(s) provider(s) in our area. MORTON AUCTIONEERS & APPRAISERS is not liable for any loss, damage, omission, or delay by any packing, shipping, or transport, company or individual.
Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial.
Following the auction, buyers are required to remove all purchased Lots from the premises. MORTON AUCTIONEERS & APPRAISERS assumes no responsibility or liability for any damage or loss to any property that has not been removed from its premises after the auction.
Where property is not collected within ten (10) business days for Domestic Clients and thirty (30) for International Clients from the date of the auction, whether or not payment has been made, MORTON AUCTIONEERS & APPRAISERS reserves the right to subject the purchased lots to storage and moving charges, of $20.00 per lot per day. In the event the purchased Lot is not removed from the premises of MORTON AUCTIONEERS & APPRAISERS within ninety (90) business days, MORTON AUCTIONEERS & APPRAISERS shall have the right, at its sole discretion, to either (i) offer the lot for sale without providing notice to the purchaser and recover any past due storage fees; or (ii) pursue any and all remedies available in equity or at law, including without limitation, statutory remedies provided in Section 7.209 and 7.210 of the Texas Business and Commerce Code. For purposes of these Terms and Conditions, the terms set forth in this Section 13 shall be deemed a "storage agreement" for purposes of establishing a statutory warehouse's lien under Section 7.209 of the Texas Business and Commerce Code.
The buyer assumes full responsibility for any and all moving and/or storage fees. MORTON AUCTIONEERS & APPRAISERS assumes no responsibility for any damage or loss associated with the transportation, delivery or storage of property.
All lots are available for inspection prior to the auction. Responsibility rests with the buyer to assess the condition of any and all lots sold by Morton Auctioneers. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Morton Auctioneers shall have no responsibility for any error or omission. Measurements provided are a general estimate. We do not provide any CITES papers unless specified. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.