CONDITIONS of SALE
Please Note: Our Conditions of Sale have recently changed
WARRANTY INFORMATION - Thomaston Place Auction Galleries (TPAG) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object. We stand behind our descriptions as they relate to authenticity and we believe our warranty is one of the most reasonable in the industry. However, it does come with parameters and it is important that you understand what they are. Please take time to familiarize yourself with what is covered and make your bidding decisions accordingly.
1) It is the bidder’s responsibility to inspect, research, and determine the authenticity of all items on which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by TPAG, is the sole responsibility of the bidder/buyer.
2) If you are not able to make what you consider to be a comfortable decision about an item or if you believe an item may be incorrectly portrayed in our catalog, we suggest that you not bid on it.
3) Items may be considered for return under very specific conditions. It is important that you pay for and acquire your item in a timely fashion. In the event we have made a significant attribution or disclosure of condition error such that there is a major effect on the value of an item, please contact us immediately (within 30 days after the auction.) We will review under the following circumstances:
A. The item has been paid for and the buyer has possession of the item.
B. The buyer must have the item reviewed by an independent party who is approved by TPAG, and is a recognized expert within the field of the item in question.
C. The expert provides a written report with specific and detailed reasons as to why the item is not as it was represented to be. The written report must be submitted to TPAG.
D. Our descriptions include what we deem to accurately portray an item’s general condition. However, opinions about condition can vary and as such, the auctioneer shall make the final determination in the possible event of a refund.
E. The timeline for this process is 30 days from the date of the auction. In the event a committee or review board must convene to review the item, TPAG must be notified in order to extend the time beyond the 30 day limit. Otherwise, after 30 days, ALL SALES ARE FINAL.
F. Once TPAG has accepted the ruling of the expert(s), the buyer is to return the item to TPAG at buyer’s expense. In order to be eligible for a refund, the item must be returned in the same condition it was in when it left our possession.
G. In the event a refund is issued, it will be for the cost of the item, buyer’s premium and any sales tax paid. The refund will be in the same form as the payment of the original transaction.
4) Definitions of Authorship:
A. “By” or “Maker/Artist” — in our opinion, the work is by the artist or maker stated
B. “Attributed to” — in our opinion, the work is probably, but not definitely, by the artist or maker stated
C. “Signed” or “Marked” — in our opinion, the signature or mark is that of the stated artist or maker
D. “Bearing the signature (or mark) of” — in our opinion, the signature or mark is probably, but not definitely, that of the artist or maker stated
E. “Circle of” — in our opinion, the work is of the period and by an artist or maker closely associated with the stated artist or maker
F. “School of” — in our opinion, the work is by a pupil or follower of the stated artist or maker
G. “Manner of” — in our opinion, the work is of the period and done in the style of the stated artist or maker
H. “After” — in our opinion, the work is a copy of a work by the stated artist or maker
5) No Chargeback Policy - Purchasers agree that disputes of any nature may not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Thomaston Place Auction Galleries and/or its credit card merchant. By purchasing with us, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, attorney fees, and/or any other charges associated with responding to said chargeback.
6) Stamps & Coins: All sales are final. There are no returns or refunds for any reason.
7) Timepieces and other mechanical items: Items with mechanical parts such as clocks, timepieces, mechanical banks, music boxes, etc. are sold “as-is” and may require servicing.
8) 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. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.
9) 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 bidding and bid up to, but not exceed the reserve or opening bid amount on behalf of the seller.
10) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff.
11) 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.
12) Buyer’s Premium on all items purchased in this auction: The buyer’s premium is 17% for live, absentee, and phone bidders. The buyer’s premium is 20% for all internet bidders.
13) 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.
14) 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.
BIDDING INFORMATION - Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale 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.
15) Live Bidders: May register to bid any time during auction preview 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.
16) Telephone and Absentee Bidders: May register in person, by fax, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction.
17) 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.
18) 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 with estimates less than $500 must be executed as absentee bids unless otherwise approved. Bids on items over $500 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.
19) Successful live bidders are expected to pay in full for all purchases immediately following the auction.
20) Successful absentee, phone, and online bidders will be notified of their purchases by email or regular mail within 5 business days of the auction. Payment is due no later than 15 days post sale. Payment for packing and shipping is covered under the “Shipping” section.
21) All payments must be in US Dollars. 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, we accept payments by credit card and PayPal and by checks drawn on US banks. For payments over $5,000, wire transfer is preferred.
22) No items will leave TPAG until payment is made in full.
23) TPAG reserves the right to hold all merchandise until payments clear our bank.
24) All returned checks will be assessed a $25.00 processing fee.
25) 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.
A. If payment is not received 30 days from the sale, there will be a 3% surcharge added to the total invoice, and;
B. If no credit card is available or if payment has not been received within 30 days, TPAG will pursue alternate collection avenues in order to collect the balance due plus any storage, administrative, collection, attorney and/or court fees.
C. After 30 days from the day of the sale, storage fees will be charged at $10 per item, per day.
D. After 30 days, the warranty no longer applies.
E. If payment in full is not received 45 days from the sale, all ownership rights to any items on a bidder’s invoice are forfeited and the bidder will be responsible for any outstanding amounts including, but not limited to storage and collection fees.
F. Additionally, TPAG may report the buyer’s name to other auction houses regarding creditworthiness, and restrict the buyer from future bidding at TPAG.
26) Sales Tax - The State of Maine sales tax of 5.5% will be assessed on all purchases except when buyer provides a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased) or if shipped anywhere except Maine.
SHIPPING / PICK-UP / STORAGE FEES
27) Bidders have several shipping options. Shortly after the auction, you will receive an email from up to three shippers with a quote for shipping. Quotes for shipping large items may take longer. For pre-auction shipping quotes or other shipping information please contact:
a) Global Packing & Shipping - Phone: 207-596-2926, Email: email@example.com; b) Sure Express - Phone: 1-800-335-9996, Email: firstname.lastname@example.org; c) Mail It 4U - Phone: 207-563-7667, Email: email@example.com
28) Buyers pay shippers directly. If either someone else, or a shipper other than one of the firms listed above will be picking up your items, you must inform us in advance so we may release your items.
29) Shipments will be insured for the full purchase price unless other coverage is requested. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and shipper chosen by the buyer.
30) 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.
31) All items must be picked up from our auction facility within 30 days of the sale unless prior arrangements have been made.
A. Items left at TPAG for more than 30 days will be subject to a storage fee of $10 per item, per day.
B. You authorize us to re-sell on your behalf any item not picked up within 45 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer’s standard commission will be subtracted from the proceeds.
32) The inability to choose an acceptable shipping option is NOT a reason for non-payment of an item’s full purchase price.
33) 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. Please call ahead!
34) If you are planning to pick up your property from TPAG, please call 24 hours in advance to make arrangements.
Kaja Veilleux: ME License # AUC902 -- John D.H. Bottero: CAI, AARE, GPPA, ME License # AUC1237
Carol Achterhof: ME License # AUC1517
Uniform Commercial Code: Maine Uniform Commercial Code, Title 11/ Section 2-328 applies to this auction
Maine Auctioneer Rules and Regulations: Regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333