1. Identification - All purchasers
are required to have a bidder Number to bid giving full name and address.
2. All property is sold "As Is" and all
sale are final. Property is open to through public inspection and is the
bidder's responsibility to determine condition, etc.
3. Though all description and commentary are
believed to be correct, neither PBR or Consigner makes any warranties or
representations of any kind with respect to the property, and in no event
shall be held responsible for having made or implied any warranty of
description, genuineness, authorship, attribution, provenance, period,
culture, source, origin, condition, etc.
4. A bid by any person shall be conclusive proof
that the person has made himself acquainted with these conditions of sale
and has agreed to be bound by them.
5. The buyer shall be the highest bidder. Should a
tie or dispute arise between two bidders, the auctioneer may, at his
discretion, re-open the bidding between the high bidders until property is
sold.
6. To maintain the continuity of the sale, it
shall be the duty of the auctioneer to advance the bidding at his own
discretion and may reject a normal or fractional advance, should it, in
his estimation, prove injurious to the sale.
7. In the case upon which there may be a reserve
price, the auctioneer shall have the right to bid on behalf of the
Consignor, or Consignor may wish to bid personally, or by Agent. However
in all cases, full commissions are due and payable to PBR without
distinction or preference shown to such Consignor or Agent should he
become the successful bidder.
8. Time of payment - All bids must be paid in full
before leaving the premises on the day of sale.
9. Prior to removal of purchases, payment must be
made in cash, or by other means as announced by the auctioneer before the
sale. Unless exempt by law, the purchaser shall pay and all applicable
taxes.
10. Upon the fall of the auctioneer's hammer,
and/or when the auctioneer say "sold", title on the property
shall pass to the highest bidder, who there upon assumes full risk and
responsibility. All property shall be removed from the premises by the
purchaser at his own risk and expense within the time period announced by
the auctioneer, and if not so removed, may be sent by PBR to storage
facility, for the account, risk, and expense of the purchaser.
11. PBR shall, as a courtesy, undertake to make
execution bids for responsible parties in their absence, yet reserves the
right to decline to do so and in no case shall be responsible for failure
to do so. Please leave payment in amount of bid with accompanying name and
address. The difference between the sale price and the bid, or the whole
payment, if the bid fails, it will be returned at once. Removal of
merchandise shall be accordance with other conditions listed herein.
12. PBR reserves the right to withdraw any item
before or during the sale.
13. Neither Auctioneer nor Consignor shall be
liable for any personal injury on the premises where sale shall be held.
14. If the foregoing conditions or any other
applicable conditions listed herein are not complied with, in addition to
other remedies available to PBR and the Consignor by law, including,
without limitations, the right to hold the purchaser liable for the bid
price, the auctioneer, at his option, may either (a) cancel the sale,
retaining as liquidated damages all payments made by the purchaser or (b)
re-sell the property publicly or privately, and in such event the
purchaser shall be liable for payment of any deficiency plus all costs,
including storage, the expenses of both sales, PBR commissions at its
regular rate and all other charges due here under, and incidental damages.
15. Removal - Removal shall be at the expense,
liability, and risk of the purchaser. Purchaser will be delivered only on
presentation of paid bill. PBR shall not be responsible for goods not
removed within the time specified, and shall have the option of removing
and storing at the expense and risk of the purchaser and article purchased
, but not paid for and removed within the specified time. non-delivery
responsibility PBR shall not in any event, be liable for non-delivery or
for any other matter or thin, to any purchaser of any lot, other than for
the return to the purchaser of the deposit or sum paid on said It, should
the purchaser be entitled to it.
16. Claims - No claims will be allowed after goods
are removed from the premises.
17. All verbal announcements take precedence at
time of sale.