Conditions of Sale
Before you participate in this auction, it is important that you read Thomaston Place Auction Galleries (TPAG) Terms and Conditions. Bidding is an indication of your acceptance of and agreement to all terms and conditions stated herein, including any changes/supplements added to the catalog, posted on our website, or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.
TERMS AND CONDITIONS
1) Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who may place bids live on the auction floor, by absentee bid, telephone bid, or online bid. The auctioneer shall acknowledge the top bidder as the winner. Successful bidders must pay in full for any and all lots won. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.
2) The auctioneer has sole discretion and reserves the right to:
a. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.
b. Pass/withdraw any items in the auction which do not open at a price commensurate with the items' value.
c. Open the bidding and bid up to, but not exceed, the reserve or opening bid amount on behalf of the seller.
3) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff.
4) Bidding on behalf of others: Unless you are registered as a buyer's agent prior to the start of the auction and we have written authorization from your buyer naming you as his/her appointed bidder, you are responsible for all the purchases under the terms and conditions of this bidding agreement.
5) Buyer's Premium: There will be a 15% buyer's premium assessed for live, absentee, and phone bidders and an 18% buyer's premium assessed for internet bidders on all items purchased in this auction.
6) Reserves: Some items in this auction may be offered subject to a reserve, which is a confidential, minimum price, below which the item cannot be sold. No reserve may exceed the pre-auction low estimate as stated in the item description.
7) Any dispute or litigation resulting from the sale of items in this auction will take place in the judicial system in the State of Maine.
BIDDER REGISTRATION
1) Live Bidders: May register to bid any time during auction preview, and up to and during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale.
2) Telephone and Absentee Bidders: May register in person, by fax, phone or email. Every bidder is required to provide complete contact information and a valid credit card number securing the bid, and acceptance of the terms and conditions of the auction.
3) Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company AND TPAG.
4) Telephone and absentee bids:
a. Arrangements for these bids should be in our possession by 5:00 PM the day before auction in order to be properly processed. Bids on items less than $500.00 must be executed as absentee bids unless otherwise approved. Bids on items over $500.00 may be executed as either absentee or phone bids.
b. Telephone, absentee, and online bidding are offered as a convenience to our clients. In the event that a bid is not executed as was intended by any bidder, neither TPAG nor any of its agents will be held liable for any actual or perceived losses.
Buyer's Premium
An 18% buyer's premium will be added to the total sale price.
Contract Information
Contract:
Before bidding online or by proxy at a London Gallery Auctions auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.
Any information supplied by any employee or agent of London Gallery Auctions, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions' auctions.
LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTIONS IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.
Indemnification
You agree to indemnify, defend and hold harmless London Gallery Auctions, LLC. and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the www.londongalleryauctions.com web site or your breach of this Agreement.
All lots in the Catalog may be subject to a reserve (a confidential minimum price below which the lot will not ordinarily be sold). We as the Agent for Consignor may place bids during the auction if and when the highest outstanding bid at any time during the sale is below the reserve which may have been established on the lot being offered. Consignors are not allowed to bid on their own property.
Payment Information
PAYMENT
1) Successful live bidders are expected to pay in full for all purchases immediately following the auction, including hammer price, buyer's premium and applicable sales tax.
2) Successful absentee, phone, and online bidders will be notified of their purchases by email, phone, fax, or regular mail within 5 business days of the auction. Payment is due upon receipt of notification. Payment for packing and shipping is covered under the "Shipping" section.
3) All payments must be in US Dollars.
4) Attention online bidders: Any items you have won during auction will not be available for pick-up until the first business day after the auction.
5) We accept payments in cash, by personal, business, bank or cashier's check, Visa, MasterCard, Discover, American Express or PayPal and bank wire transfer. Payments in excess of $50,000 must be made by wire transfer unless otherwise approved. For international buyers, for payments in excess of $5,000, checks drawn on US banks or by wire transfer are preferred.
6) In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
7) No items will leave TPAG until payment arrangements are finalized.
8) TPAG reserves the right to hold all merchandise until payments clear our bank.
Shipping
SHIPPING
1) We have hired Global Packing & Shipping (GP&S) as our designated shipper. Shortly after the auction, you will receive an email from them with a quote for shipping. Quotes for shipping large items may take longer. For pre-auction quotes or other information please contact: Global Packing & Shipping Phone: 207-596-2926 Email: [email protected]
2) Buyers are to pay GP&S (or other shipper) directly for their services. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and GP&S or other shipper chosen by the buyer.
3) Shipping will occur after all payments have been made. The shipper will have the most up-to-date shipping and tracking information.
4) Shipments will be insured for the full purchase price unless other coverage is requested.
5) Customers may make their own arrangements with a shipper other than GP&S; however, there may be sales tax implications (see "Sales Tax" section). Your items will be released for shipping once full payment is received
6) Items left at TPAG for more than 30 days after the date of the auction will be subject to a storage fee of $10 per day/per item unless prior arrangements have been made.
7) The inability to find an acceptable shipping option is NOT a reason for non-payment of an item's full purchase price.
8) TPAG will not alter any catalog descriptions, or declare less than the full purchase price on any international customs paperwork. All international customs documents and costs are the responsibility of the buyer.
9) Those who choose to pick up their property from TPAG following the sale are requested to call 24 hours in advance to make arrangements.
Taxes on your purchase
SALES TAX
1) The State of Maine sales tax will be assessed on all purchases except when:
a. Buyers provide a copy of a valid state-issued resale certificate. The business type must pertain to the item/s being purchased. Or;
b. Item/s are shipped outside of Maine by GP&S as our hired shipper, or with arrangements made by TPAG.
2) IMPORTANT NOTE: If the buyer makes shipping arrangements with a shipper other than GP&S, or if item/s are picked up at our facility by either the buyer or a designated proxy, the buyer must pay sales tax as required by Maine law.
