TREMONT AUCTIONS will offer the property described in this catalog by the conditions set forth below which may be amended by any posted notices or oral announcements during the sale.
By bidding at an auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale.
TERMS AND CONDITIONS OF SALE
1. All items are sold AS IS, WHERE IS with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Bidding on an item indicates that the buyers agrees to the condition as stated and may not withdraw a bid prior to purchase. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Tremont Auctions attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot.
2. As used in these conditions of sale, the term “final bid” means the highest bid acknowledged by the auctioneer and the term “purchase price” means the sum of the final bid plus the premium payable by the buyer, as set forth in Condition
3. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion, and in the event of any dispute between bidders to determine the successful bidder, to continue the bidding or to re-offer and resell the lot in dispute. In the event of any dispute after the sale, Tremont Auctions record of final sale shall be conclusive. Internet bidders should be aware that auction floor bids taken by the Auctioneer always supersede bids taken online, therefore it is often necessary for Internet bidders to bid again to have the contending bid on any particular item. Tremont Auctions shall execute absentee bids in good faith and as a competitive bidder and will not be held liable for failure to execute absentee bid.
4. Tremont Auctions reserves the right to withdraw any lot before the sale.
5. The purchase price payable by a buyer shall be the sum of the final bid plus a Buyer’s premium and any applicable taxes.
6. Title to the offered lot shall pass to the buyer upon the fall of the auctioneer’s hammer and announcement by the auctioneer that the lot has been sold. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price.
7. No lot may be removed from Tremont Auctions until the buyer has paid in full the purchase price thereof. Items which remain on the premises after 30 days without notice from the buyer will be subject to storage fees or reoffered for sale at the auction house’s discretion.
CONDITION REPORT TERMS
8. Tremont Auctions will be pleased to provide a condition report for any lot on request. Nevertheless, prospective buyers are reminded that each lot is sold “as is”, and their attention is drawn to term #1.
The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Most of the items we sell are OLD and will have imperfections pursuant to age. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or DO NOT BID on the item in question. Bidding on these items is acceptance of these terms. ALL SALES are final, we do not provide refunds.
9. Invoices will be emailed to successfully registered bidders at the conclusion of the auction. Payment is due upon receipt. All accounts must be settled within 10 days of the auction date. Accepted payments are: credit card, cashier’s check, money order, bank wire transfer, and personal or business check. Any transaction fees for bank wire transfers will paid by the buyer. Items purchased with personal, or business checks will be held until funds are cleared and a service charge of $25.00 will be charged for any returned check. PLEASE NOTE: Credit card purchases will be limited to $5,000 and are subject to approval.
10. All purchases are subject to Massachusetts State Sales Tax of 6.25% unless we are presented with a copy of a valid Massachusetts State Resale certificate. Resale tax numbers/certificates are accepted along with a completed ST-4 form for our records. Items shipped out of state must be accompanied by a bill of lading. International buyers are responsible for tariffs, taxes or assessments of shipped items to the buyer’s country.
REMOVAL OF GOODS, STORAGE & PICK UP
11. Tremont Auctions does not provide in-house shipping or quotes. All shipping is outsourced. A list of shippers can be found on our website at https://www.tremontauctions.com/shipping-info/index.html
All property is to be packed, shipped or transported at the risk and expense of the purchaser. A signed authorization of release form with the name and contact information of your shipper must be submitted to Tremont Auctions before any merchandise can be released. The release form can be found here. https://www.tremontauctions.com/shipping-form/index.html Fair notice is requested prior to picking items up.
12. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, Tremont Auctions at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
13. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the low auction estimate in the online catalog.
14. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. Buyer is responsible for any CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) permits.
15. These terms and conditions of sale, as well as the respective rights and obligations of Tremont Auctions and any purchasers or bidder at any sale of Tremont Auctions, shall be governed by and construed and enforced in accordance with the laws of the Massachusetts.