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BILL HOOD & SONS ART & ANTIQUE AUCTIONS
2925 South Federal Highway, Delray Beach, FL 33483
Ph: (561) 278-8996 Fax: (561) 278-8977 e-mail: [email protected] web: www.hoodauction.com
PLEASE NOTE: ALL BIDDERS AND OTHERS ATTENDING THIS AUCTION SHOULD READ AND FULLY UNDERSTAND THE FOLLOWING TERMS.
BIDDER REGISTRATION - Please Register for the Auction Before 4 pm Est. the Day of the Auction, If you sign up after that time you may not get approved for bidding.
IDENTIFICATION - All purchasers are required to have a bidder's number after giving full name, address and telephone number. The bidder is responsible for knowing which item is up for bid. If he is unsure, he should inquire or not bid. If you are winning bidder at an auction you have affected a contract and will be expected to pay for the items. The auctioneer will not honor "mistakes". The auctioneer reserves the right to accept bids in any increments he feels is in the best interest of the seller. He also reserves the right to reject the bid of any person whose conduct, actions or adverse comments he feels are not in the best interest of the seller. The bidder should inspect all items before bidding, because… you bid, you win, you own.
DISPUTES - The auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to reopen the bidding. The decision of the auctioneer is final and absolute.
CONDITION OF ITEMS SOLD - All items are sold as is, where is, with all faults. All items should be examined in person prior to bidding. Descriptions of items appearing in prior advertising are believed to be correct. However, descriptions or any oral statements made by the auctioneer or his agents or officers concerning any item shall not be construed as a warranty, either expressed or implied. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. The bidder examines the merchandise and accepts it as is. 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 times being sold. The buyer relies solely on his own information and inspection. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertain in your mind, we recommend you not bid on the item in questions. We do not give refunds. The winning bidder becomes the owner of the item immediately at the close of the bid. The auctioneer is not responsible for error. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Hood Auctions or by any seller represented by Hood Auctions. Our printed materials (i.e. Partial Catalogs, Catalogs, or Advertisements) are meant merely as a guide, not a guarantee. Please determine condition, genuineness and/or authenticity BEFORE you bid as all items are sold "As is, Where is."
TIME & MANNER OF PAYMENT - All bills must be paid in full before leaving the premises the day of the sale. If you are not at the auction all items are to be paid and removed within 7 days. The full purchase price on all lots sold to the same buyer must be paid before the removal of any items. We accept cash, approved checks, Visa & Master Card.
COMPLIANCE WITH TERMS OF THE SALE - In default of payment within the time specified, the auctioneer, in addition to all other remedies allowed by law, may retain any and all monies received as deposit or otherwise as liquidated damages. Lots not purchased and removed in the time specified may be resold at public or private sale without further notice, and deficiency, together will all expenses and charges of re-sale, will be charged to the defaulting purchaser.
REMOVAL - Removal shall be at the expense, liability, and risk of the purchaser. The Auction Company shall not be responsible for delivery and reserves the right to hold purchases pending check clearance.
CLAIMS - No claims allowed after goods are removed from premises.
PERSONAL AND PROPERTY RISK - Persons present at the exhibition, sale or removal of goods assume all risks of damage or loss to person or property and specifically release the auctioneer and auction company from liability.
RECORDS - The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of dispute.
LIMITED WARRANTY - Although Hood auctions exercises due care in describing the paintings and drawings listed and uses its best judgment in attributing authorship, neither Hood Auctions, its employees, nor the consignor/seller make any express or implied warranty as to such authorship.
There is a $25.00 charge for any check presented to us and then returned by your bank for any reason.
ALL ITEMS SOLD AS IS WHERE IS WITH NO GUARANTEE.
22% BUYER'S PREMIUM WILL APPLY TO ALL PURCHASES
FLORIDA BUYERS PAY 6% UNLESS YOU HAVE A FLORIDA RESALE TAX NUMBER
***Payment Policy: We Accept Credit Cards, Paypal and checks, If you fail to pay for item(s) in a timely manor and you have not contacted us- Bill Hood & Sons Auction reserves the right to cancel the sale. If you choose Paypal, Send the funds to [email protected]
Prior to sale, all bidders must register online to participate in live bidding. Bidders do not have the right to withdraw a bid once a Weschler's auctioneer accepts it as a winning bid.
2. "As is" condition
The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchant ability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchant ability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability.
Notwithstanding the preceding condition, if within 14 days of the date of the sale, on any lot, the purchaser must give notice in writing to the Auctioneer that the lot sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price paid defined as the amount of the successful bid price, plus buyer's premium. The guarantee is made only to the original purchaser of record (i.e., the registered bidder) and not any subsequent owners. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party.
The term counterfeit is defined as a modern fake or forgery, and made with the intent to deceive.
The Auctioneer reserves the right to withdrawal any property at any time before actual sale.
Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance.
6. Purchaser's Responsibility
On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who, thereupon will pay the full purchase price therefore or such part as the Auctioneer may require.
After five (5) business days and the failure to pay in full, the Auctioneer reserves the right to charge the Purchaser's credit card on file ten percent (10%) of the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges). After fourteen (14) days, the Auctioneer has the right to charge the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) to the credit card on file of the Purchaser.
All deposits may be applied to any or all purchases made by the purchaser at this or any previous sale. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased.
A premium equal to 20* percent of the successful bid price up to and including $50,000, and 12 percent of the successful bid price over $50,000 will be added thereto and is payable by the purchaser as part of the total purchase price.
In addition, online purchasers are charged an additional premium of 5% of the hammer price.
The District of Columbia Sales Tax is computed on this total purchase price. The purchaser will be required to pay the Sales Tax unless exempted through possession of a valid District of Columbia Sales Tax number.
The District of Columbia has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction.
Buyers not known to the Auctioneer and planning to pay with a personal or business check are required to supply the Auctioneer with a bank letter of credit prior to the auction. If such arrangements are not made prior to the auction, purchases will be held by the Auctioneer until the check has cleared the bank.
*Discount for cash or check (excludes debit cards)
Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments.
8. Additional conditions
The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale.
The Auctioneer will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.