ALL PROPERTY OFFERED AND SOLD THROUGH HOCH LTD. ("Property") IS OFFERED AND SOLD ON THE TERMS AND CONDITIONS SET FORTH BELOW. BY BIDDING AT HOCH LTD. AUCTION, BUYER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. A Buyer's Premium of 25% will be added to the successful bid price and is payable by the buyer as part of the total purchase price of a lot.
2. Unless otherwise indicated, all Property is offered by Hoch LTD. as agent for the Consignor. Hoch LTD. is not responsible for any breach or default by the Consignor of a lot.
3. Buyer acknowledges and agrees that it had the right to make a full inspection of all Property prior to sale to determine, for example, its condition, size, repair and/or restoration. Descriptions are believed to be accurate but not guaranteed. Buyers should bid accordingly if they are uncertain of the condition or use of an item. Statements by Hoch LTD. regarding the condition of items are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation or assumption of liability by Hoch LTD. All Property is therefore sold "AS IS," with no warranty, express or implied.
4. Buyer acknowledges and agrees that Hoch LTD. is acting solely as an auction broker, and, unless otherwise stated in writing: (a) does not own the Property offered for sale; (b) has made no independent investigation of the Property; and (c) makes no warranty, express or implied, with respect to the title, merchantability or fitness for a particular purpose of the Property, or any other warranty or representation regarding the description, genuineness, attribution, provenance or condition of the Property.
5. Hoch LTD. reserves the right to vary the terms of sale and any such variance shall become part of these Terms and Conditions of Sale.
6. Hoch LTD., in its sole discretion, reserves the right to withdraw any Property at any time before the fall of the hammer.
7. No lots are offered subject to a reserve unless otherwise stated in the description of the lot. The starting bid price for a lot is the lowest price that can be offered for that lot in the sale.
8. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. Hoch LTD. reserves the right to determine all matters regarding the order, precedence or appropriate increment of bids, or the constitution of lots.
9. Hoch LTD. uses the services of third-party auction platforms for online bidding. Please refer to the third-party auction platform website for how to register and bid online. The buyer is responsible for all online bidding. Hoch LTD. cannot place bids for the buyer, and the buyer can only bid by registering and bidding through the third-party auction platform. The buyer acknowledges and agrees that Hoch Ltd. and its Auctioneer shall not be held responsible for any human or technical bidding errors, or internet bidding system errors or shutdowns that may occur.
10. The Auction is open for pre-bidding until the start of the auction. When the auction goes live, lots will be sold one at a time, in numerical order, by a live Auctioneer who will be taking bids from multiple online bidding platforms. Prior to the lot being sold, you may submit a maximum bid. If you place a maximum bid, the bidding platform will bid on your behalf up to the maximum bid that you have entered.
11. The highest bidder determined by the Auctioneer shall be the buyer. At his sole and absolute discretion, the Auctioneer has the right: (a) to reject any bid; (b) to accept any bid; and (c) in the event of any dispute between bidders, either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Auctioneer's and Clerk's records shall be considered conclusive with respect to the winning bidder.
12. The applicable buyer's premium is applied per auction. The hammer price, buyer's premium and sales tax (where applicable) shall be added together to reach the total purchase price for a lot. If Buyer pays with a credit card, a 3% surcharge will be added. Hoch LTD. also accepts cash and good check (upon presentation of photo ID) as payment for purchased lots.
13. Payment for a lot is due immediately upon purchase. It is the buyer's responsibility to pick up the Property or to arrange for shipping. No item may be taken by the buyer or its agent prior to the receipt by Hoch LTD. of payment in full for the lot.
14. Hoch LTD. works with third-party shippers to have the purchased Property shipped at the buyer's expense. It is buyer's responsibility to make shipping arrangements, including direct payment to the shipper, and to advise Hoch LTD. of those arrangements by e-mail addressed to
[email protected] so that Hoch Ltd. has permission to release the Property. Buyer acknowledges and agrees that: (a) Hoch LTD. is not responsible for any acts or omissions in packing or shipping of purchased lots by the third-party carrier, whether or not such carrier is recommended by Hoch LTD.; (b) packing and handling of purchased lots by a third-party carrier is at the sole risk of the buyer: and (c) Hoch LTD. is not responsible for any damage or loss to the Property that occurs in connection with the Buyer's use of a third-party shipper.
15. All Property must be picked up or shipped within fifteen (15) business days of the auction's close. Items not picked up or shipped by the buyer within this time will be assessed a Holding and Handling fee of $5.00 per lot, per day, commencing on the sixteenth (16th) business day following the auction's close.
16. Buyer acknowledges and agrees that any paid or unpaid items remaining at Hoch Ltd. thirty (30) calendar days after the auction close shall be considered abandoned and may be consigned to a future auction, returned to the consignor, or otherwise disposed of at Hoch LTD.'s sole discretion without additional notice to the buyer.
17. The delay or failure on the part of Hoch LTD. to insist upon strict adherence to any term of this Agreement shall not be considered a waiver thereof or deprive Hoch LTD. of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
18. This Agreement, including the rights and obligations of the parties hereto, shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania.
