Lot 222: Original Charles Darwin Cabinet Card c.1880
Terms and Conditions of Sale
This is a legal agreement between you, the user or buyer, and North American Auction Company.
You must be at least 18 years old to bid.
North American Auction Company. (hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
PAYMENT: All items that you were high bid on prior to removal of purchased item(s), must be paid for in full. We do not accept partial payments. Payable by cashiers check, cash, credit card, or wire transfer in US funds only. If paying with Personal or Company Checks a current bank letter guaranteeing funds to North American Auction Company must be presented at time of registration. All payments must be in U.S. Funds. No checks accepted from out of Country. Auction Co. reserves the right to charge on your credit card if the balance is not paid by the close of the Auction.
ALL ITEMS to be auctioned sell subject to the Auction Co.'s acceptance or rejection of the high bid.
NOTICE: BUYER'S PREMIUM: A buyer's premium will be added to all purchases. This buyer's premium varies, depending on the auction. The actual buyer's premium in effect will be noted on Auction flyers, Auction catalogues. You may also call us to find out the exact amount of the buyer's premium for any auction. Visa, MasterCard, & Discover cards are accepted.
Removal and Failure to Remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case, buyer will use prudence and care in such removal. If for any reason buyer fails to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) Removal period is posted on each sale and may vary from sale to sale.
Sales Tax: All bidders will be subject to the local sales tax of auction location unless you provide our office with the documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items. (Unless stated differently in the auction terms)
Note to the buyers of titled items. Buyers will be responsible for procurement of plates and payment of taxes in their county and/or state of residence.Titles will be given day of sale if paid by Cash, Credit Card, or Certified Check. Company or Personal checks will take 7 days to clear before title will be released.
Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.
Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Montana. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Montana. Buyer also agrees that venue shall be in Gallatin County, Montana and that the laws of the State of Montana shall govern this Agreement and the parties' transaction hereunder.
The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from Buyer's negligent acts or omissions or breach of this agreement, except for for damages caused by or resulting from the Auction Co.'s sole negligence.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
Items left in the Auction Gallery after the auction we will not be responsible for, due to damage or theft. Items left over a week will be charged a $5.00 per lot handling fee. Items left over 2 week will be considered abandoned and resold.
Thank you and happy bidding!
North American Auction Company
Auction House will help arrange shipment, at buyer's expense