PLEASE USE THE "MAX BID" FEATURE TO BID , SO YOU DO NOT NEED TO CONTINUOUSLY MONITOR THE SALE.
Our technology will place your bids at the next available increment to keep you in the lead, but only up to your max price and never any further. If another bidder has a max bid higher than yours, this would also cause the bidding to jump up to your max bid. If the bidding passes your maximum amount, then you may miss out on winning the item. However, if part of a competitive bidding or timed auction, we'll email you to let you know so you can increase your max bid if you wish. We strongly suggest you leave proxy bids at www.PaineAuctioneers.com before the live session in the event either side experiences internet problems during the live auction.
ONLINE TERMS & CONDITIONS: 18% BUYERS PREMIUM WITH A 3% DISCOUNT FOR CASH OR CERTIFIED CHECKS OR WIRE TRANSFER. ALL CREDIT CARDS 18% BUYERS PREMIUM (NO EXCEPTIONS).
IMPORTANCE OF TERMS
A. Conditions of Sale
1. ON-LINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY STANLEY J. CO., INC. OR DESIGNEE. (AUCTION COMPANY OR AUCTION COMPANY) EITHER THROUGH AUCTION COMPANYS WEB SITE WWW.PAINEAUCTIONEERS.COM OR ANY OTHER WEB SITE DESIGNATED BY AUCTION COMPANY FOR THE PURPOSE OF CONDUCTING AN ON-LINE AUCTION.
1A. NOTICE: I, THE BIDDER AS PURCHASER UNCONDITIONALLY AND EXPRESSLY GRANT PERMISSION TO THE AUCTION COMPANY OR ITS REPRESENTATIVE(S) AS FOLLOWS: BIDDERS WHO DO NOT PAY WILL AUTOMATICALLY HAVE THEIR CREDIT CARD CHARGED WITH THE FULL AMOUNT DUE, PLUS A 15% ADMINISTRATIVE FEE, NOT AS A PENALTY, BUT AS LIQUIDATED DAMAGES TO THE SELLER AND AUCTION COMPANY. BY BECOMING A MEMBER OF OUR SITE, REGISTERING TO BID WITHIN ANY AUCTION AND CLICKING BELOW/ELECTRONICALLY SIGNING THE BIDDER CERTIFICATION, CONTRACT, TERMS AND CONDITIONS, YOU EXPRESSLY AND UNCONDITIONALLY AGREE AND ACKNOWLEDGE TO BE FULLY BOUND TO ALL TERMS HEREIN THAT YOU HAVE READ AND IF NECESSARY HAVE HAD THE OPPORTUNITY TO REVIEW WITH COUNSEL PRIOR TO PLACING ANY BIDS. I further acknowledge that, at the sole discretion of the auction company, my account may be suspended or revoked as site registration and bidding is a privilege and MY NAME AND/OR BUSINESS NAME AND LOCALITY may be posted on the Auction Companies "Prohibited Bidder List" via our website(s). By agreeing to our terms of use, registering to become a member of our site, registering to participate in any auction, you acknowledge and grant irrevocable permission to the Auction Company to post my name as registered if I do not pay for all item(s) bid on and purchased.
2. All property is sold "as is," and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $100,000 should make arrangements with the accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate.
4. All merchandise purchased must be paid for and removed from the premises within the scheduled time period. Purchaser unconditionally agrees that any items not picked-up during scheduled removal shall be considered abandoned without recourse and no refunds or credits shall be issued. Paine shall have no liability for any damage or loss to property left on its premises. If any property has not been removed within the scheduled removal time Paine may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser.
5. FULL PAYMENT MUST BE RECEIVED AS LISTED BY THE AUCTION COMPANY and Auction Company Invoicing Post Auction. It is the Buyers responsibility to contact the Auction Company if they do not receive an invoice via email within 24-hours after auction closes. Failure of buyer to supply a correct email address or claim of non-receipt is not grounds to cancel bid or obligations to perform.
6. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Paine may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. In no event will the liability of Paine to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
8. Shipping and rigging is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9. All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption certificate ST-4. Tax exemption certificates from other states are NOT accepted in Massachusetts. Dealers, museums, and other qualifying parties can apply for a Massachusetts exemption number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation at 100 Cambridge Street in Boston.
10. The buyer's premium on property purchased via On-line Auctions will be 18% of the final bid price WITH A 3% DISCOUNT FOR CASH OR CERTIFIED CHECKS OR WIRE TRANSFER. Vehicles must be paid for by Cash or Wire Transfer.
11. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
12. Paine and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Paine expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Paine relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Paine and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
13. These conditions of sale shall be governed by the laws of the Commonwealth of Massachusetts (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Paine in connection with the transactions contemplated by this agreement shall be brought, in the courts of the Commonwealth of Massachusetts or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
14. (a) Paine offers internet services as a convenience to our clients, but Paine will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and Paine does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity (b) Neither the seller nor Paine (nor any of their officers, employees or agents) is responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, Paine nor any of its officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. (c) Neither the seller nor Paine (nor any of their officers, employees or agents) is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority. (d) In addition to the other rights of cancellation contained in this agreement, Paine can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
15. The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Paine, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.
16. Read these terms of sale carefully. By participating in the auction you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the Seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify seller and Auction Company.