TERMS & CONDITIONS Conditions of Sale Any Prospective Bidder (hereinafter referred to as Bidder and sometimes Buyer) who bids on any item, hereby agrees to these Conditions of Sale of John M. Hess Auction Company, Inc. (also d/b/a Conestoga Auction Company, Hess Auction Group, Conestoga Guns, LLC) (hereinafter referred to as the ‘Auction Company’) relative to property being offered for sale at auction. These Conditions of Sale and all other contents of the catalog are subject to amendment by the Auction Company by the posting of notices or by oral announcements made during the sale. Auction Company has made every effort to catalog and correctly describe the property to be sold, however, all lots are sold 'AS IS' and should be examined prior to bidding. Flaws and imperfections caused in the making are not noted. Expect normal wear and oxidation on antique metal wares and crazing and normal glaze loss on pottery and ceramics. Any additional condition questions should be made 24 hours prior to the start of the auction to allow for our staff to review the items. In all matters, the records of the Auction will be final. By participating in any sale, the Bidder agrees to be bound by the following terms and conditions: A. All bidders must register for a buyer's number and provide satisfactory identification. An 18% In-House Buyer's Premium is added to each item sold at auction. On-line buyers are charged an additional premium. The on-line buyer's premium varies according to the listing platform that is used. Check the on-line conditions of sale for the buyer's premium for each auction when bidding on line. 6% Sales Tax will be charged except to persons with a current Dealer's Sales Tax Exemption on file with the Auction. Upon the fall of the hammer or said sold, the title and responsibility for each item or lot passes on to the Buyer. In the case of a disputed bid, the auctioneer, at his discretion, will determine the successful bidder or re-offer and re-sell the article in dispute. In addition to signing these Conditions of Sale, Bidder agrees that he or she will not be permitted to take delivery of purchases until his or her check(s) have cleared unless he or she has previously established credit or made payment arrangements satisfactory to Auction Company. A premium equal to 18%, plus online fee, of the successful bid price will be added to all lots, and is payable by the Bidder, as part of the total purchase price. By registering for a buyer’s number, Bidder agrees to allow contact information to be used for marketing and sales analysis purposes. B. BIDDING INCREMENTS: The auctioneers will be using set bid increments. If you have placed absentee bids that do not follow the set increments, your bid will be executed at the set lower increment. C. ABSENTEE BIDDING will be accepted with a valid credit card number to guarantee the bid. All requests for absentee bidding must be received by Hess Auction Group in written form at least (24) hours in advance of the start of the auction. In the event of duplicate in-house absentee bids, the first bid received will take precedence. In-house absentee bids will not be executed on items which are found to be other than described in the catalog. The auctioneer may reject any bid which he considers to be nominal and not commensurate with the value of the article offered. It is entirely possible to buy items by absentee bid for less than your top bid price as they are handled competitively. Due to uncertainties of bidding, a lot may sell to the floor bidder for the same amount as an absentee bid. To prevent this from happening, the absentee bidder can give Auction Company the right to bid the next higher bid by placing a (+) sign after the bid price. Auction Company will not be responsible for any omissions when processing your absentee bids. All sales are final and must be paid in full immediately. Items must be inspected before leaving absentee bids. D. ON-LINE BIDDING: On-line buyers are charged an additional premium. The on-line buyer's premium varies according to the listing platform that is used. Check the on-line conditions of sale for the buyer's premium for each auction when bidding on line. We are not aware of the live bids in advance, but only during the time of the auction as they are forwarded to our computer. Auction Company will not be responsible for any omissions, errors or slow communications on absentee bids from On-line. In the event of a tie bid with a floor bidder and an online bidder, the floor bidder will take precedence. The auctioneer's decision in this matter is final. E. PHONE BIDDING: Phone bidder will be accepted with a valid credit card number to guarantee the bid and agrees to an opening bid of $400 per lot regardless of the lot’s value. Phone lines are reserved for serious bidders only. All bids from loyal customers with purchase history in excess of $100,000 will be honored. Due to a limited number of available phone lines, bids will be executed on a first come, first serve basis. All requests for telephone bidding must be received by Hess Auction Group in written form at least (24) hours in advance of the start of the auction. It is the bidder’s responsibility to confirm the bid has been received by the auction company. Auction Company reserves the right to reject any phone bids that are submitted after the set deadline. While every effort is made to execute phone bids, it is recommended that bidders leave a back-up bid amount if the telephone bidder is unreachable. Auction Company is not responsible for inadvertently missed bids. F. PAYMENT: Payment must be made prior to removal from the auction house. In house bidders must settle their accounts on the day of sale. Absentee, Telephone and On-line Bidders must make payment within fourteen (14) calendar days. Failure to do so will result in a dispute on your account and in forfeiture of items unless prior approval has been granted. G. ON-LINE PAYMENTS: All invoices will be emailed to the buyers on the first business day following the auction. Money Orders, Cashier's Check, Wire Transfer, Live Auctioneers Payment processing (with processing fee), MasterCard, Visa and Discover will be accepted for payment of purchases. Items must be paid for within fourteen (14) calendar days of the auction or will be forfeited to the auction company. H. SHIPPING: Paid items must be scheduled for removal from our auction facility within thirty (30) calendar days or they will be forfeited to the auction company. Auction Company does not pack or ship any items in house. Buyer pays shipping cost directly to shipper. All items are sent through the UPS Store or Postal Connections, third party shipping companies. All international customers are responsible for their own taxes and tariffs based upon the actual selling price. The declared value cannot be of lesser value than purchase price. Please contact either: * The UPS Store at store1005@theupsstore.com (717)-898-9303 * Postal Connections- pca158@postalconnections.com (717)399-9076 * The UPS Store at store3230@theupsstore.com (717)733-1482 for any shipping inquiries regarding any potential shipping costs prior to the auction or post-auction inquires. Please direct all your shipping questions to the abovementioned names, as we do not ship in-house and are not able to answer these questions. I. AS IS: Bidder agrees that before the Sale, Bidder or Bidder’s agents should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Bidder is responsible for satisfying himself or herself concerning the condition of the property and the matters referred to in the Catalog. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All statements made in the catalog or in the condition report or made orally or in writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Except for what is provided for under Paragraph T. Auction Company and the underlying owner of the property being sold ('Owner') assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold "as is" and neither Auction Company nor the Owner of property being sold make any warranties or representations of any kind or nature with respect to the property being sold, and no
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