The Estate Of F.J. Emmerich

Terms & Conditions Bidding on items indicates review of and acceptance of the following: 1. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. Applebrook Auctions is not responsible for the correctness of lot lead lines, lot descriptions or statements of condition, and we do not represent or warrant the description, quality, size, importance, genuineness, authenticity, authorship, attribution, provenance, age, period, culture, source, origin or condition of any items and no statement made in our advertisements, in our catalogs either printed or online, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of detail or specificity, shall be deemed such a representation or warranty. Condition information and/or statements of condition are not included in auction item descriptions. Any condition information which may be included is for information purposes only and may not be relied upon as the equivalent of a formal Condition Report. Condition Reports must be requested in writing, and will be provided in writing. We do not give verbal Condition Reports. No employee or agent is authorized to or will make any statements regarding condition. Condition Reports given in response to bidder requests are issued in good faith, but may not be construed as statements of fact or an expert opinion or a guarantee of condition and may not be relied upon in substitution of or in lieu of physical inspection. All auction items are available for bidder examination prior to the auction. Bidding on an item signifies that you have examined that item, either personally or through an authorized agent, or that you have elected not to examine that item. Any request for additional photos will be responded to when possible and images will be added to the online catalog lot description. Requests for Condition Reports and/ or photographs submitted later than 24 hours before the sale will not be responded to, and we do not provide photographs post-auction. It is the responsibility of prospective bidders to examine lots in person or through an authorized agent and decide their level of interest. Neither the auctioneer, nor the consignor, is responsible for the accuracy of any printed or verbal descriptions or any Condition Reports. All weights and measurements are approximate and not guaranteed. Buyer relies solely on his/her own expertise and judgment regarding authenticity and condition when bidding on an item. If you require absolute certainty in all areas of authenticity and/or condition and the results of your own evaluation leave uncertainty in your mind, we recommend that you not bid on the item in question. As noted above, all sales are final at the fall of the hammer, and we do not give refunds. In the event of a dispute regarding any lot, the purchaser's sole remedy shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Applebrook Auctions shall have no liability for any damages, whether incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. No refunds will be made for any shipping and/or handling fees paid to a third party by the purchaser. No claims will be recognized if made by anyone other than the original purchaser. Applebrook Auctions pays its consignors 30 business days after the day of sale. After that date, Applebrook Auctions will not entertain any requests for refunds. 2. A buyer's premium will be added to the hammer price of each lot and is payable by the purchaser as part of the total purchase price. a. In-House: The buyer's premium per lot for ?in-house? purchases in our auction (not on any internet platform) is 20% of the final bid up. No discounts are offered based on form of payment, no exceptions b. Internet: The buyer?s premium per lot for purchases in our auction on an internet platform is the fixed 25% rate. There are no discounts available for early payments or cash payments, and no exceptions can be made. 3. The auctioneer has the sole and exclusive power and authority, without exception and without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance at the start of the bidding or during the bidding, and (d) otherwise regulate the bidding and its increments. The auctioneer shall further have the right to reject any opening or subsequent bid that, in the auctioneers' sole opinion and discretion, is not commensurate with the value of the lot or is not within the published bid increments. At the auctioneer's discretion, no bid of less than one-half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or live bidding in the gallery. The highest bidder as determined by the auctioneer shall be deemed the purchaser. If the auctioneer receives more than one bid of the same value, only the first acknowledged will be accepted. If any dispute arises after the sale, the sale record maintained by Applebrook Auctions is conclusive. Although Applebrook Auctions will endeavor to execute accurately any absentee/phone bids, including internet absentee bids, these services are offered only as a convenience to clients who are not physically present at the auction, and we are not responsible for any errors or omissions which may occur in the exercise of these services. "Auctioneer" as used in these Conditions of Sale means an employee or representative of Applebrook Auctions duly licensed as an auctioneer or otherwise authorized by Applebrook Auctions to conduct an auction under the laws of the State of Connecticut. 4. Applebrook Auctions offers the internet bidding platform tool as a convenience to our clients. (a) Approval: Approval to bid on any internet bidding platform is at the discretion of Applebrook Auctions. (b) Bids, Technical Issues: Please be aware that there is no time advantage to absentee bids submitted on the internet. Also, please be advised that in some cases an absentee bid submitted on the internet before or during the auction may not be received by the auctioneer conducting the sale, or if received may not be accepted. This may occur even when the internet absentee bid was placed earlier than an equivalent absentee bid placed with the house. No bids will be accepted after the auctioneer has closed the lot. The auctioneer has final discretion over which bids to accept, as described elsewhere in this document, and live bidders in the room are often recognized first by the auctioneer. Our experience suggests that internet bidders should bid their limit, not just the start bid, in order to have the best chance of winning a lot. There are frequently delays in transmission of bids over the internet, and in some cases internet bids may be received after a lot has been sold to another bidder and will therefore not be accepted. Internet bids are not visible to the auctioneer until the lot opens for bidding at the live auction, and even then may only be visible to the internet clerk and may not be accepted by the auctioneer , who is free to accept bids from any source and in any order in the exercise of his/her discretion. Absentee bids left directly with Applebrook Auctions are time stamped and in the case of multiple absentee bids are executed competitively with respect to start bids and bid increments. 5. Title to each auction lot passes upon the fall of the auctioneer's hammer, and the purchaser assumes full ownership of and responsibility therefore at the fall of the auctioneer's hammer. Thereafter the property is at the sole risk of the Buyer and neither the Seller nor Applebrook Auctions shall be responsible for any loss or damage. 6. Some lots carry reserves or minimum selling prices, which is a figure set by the consignor and Applebrook Auctions below which a lot will not be sold. Applebrook Auctions will execute the reserve bids on behalf of consignors. The reserve will not exceed the low estimate. Estimates are subject to change at any time prior to the offering of each lot. 7. As noted above in Section 4, absentee and telephone bids are accepted and will be executed when possible, although solely as a convenience to customers. Phone bids are accepted only when opened at the opening bid. Absentee bids are executed in the order received, therefore in the case of identical absentee bids on a lot, the first bid received will be recognized. Applebrook Auctions will not be held responsible for any errors or omissions, or failure to execute bids accurately. Bidders are encouraged to submit absentee and telephone bid requests 24 hours prior to the auction, and Applebrook Auctions reserves the right to decline acceptance of absentee and/or phone bid requests tendered after 5pm on the day of the sale. Purchases will not be available to absentee buyers for pick-up during the auction. 8. Items may be withdrawn at any time prior to being offered at the auction. 9. Payments accepted are cash, approved checks, money orders, cashier's checks and wire transfers, credit card and paypal. We do NOT accept American Express. Payment for invoices via credit card over the phone are required to scan or send a copy of their personal identification, that must match their credit card information. First time buyers must establish bank credit before the auction in order to have "approved check" status. References from other auctioneers may also be required or may satisfy the credit reference requirement. Purchases paid for with non-approved personal/business checks or international bank checks/money orders may not be released until ten days from receipt of payment or until payment clears. Wire transfers are accepted. PLEASE NOTE THAT APPLEBROOK AUCTIONS TERMS AND CONDITIONS TAKE PRECEDENCE OVER ANY TERMS AND CONDITIONS SPECIFIED BY CREDIT/DEBIT CARD ISSUERS IN CONNECTION WITH PURCHASES BY CREDIT/DEBIT CARD. BY BIDDING AT OUR AUCTION YOU SPECIFICALLY ACKNOWLEDGE AWARENESS OF AND AGREEMENT WITH THIS PROVISION OF OUR TERMS AND CONDITIONS. Payment is due within seven (7) days after the sale. If a buyer fails to make payment within ten (10) days after the sale, the buyer's premium increases by 3% and the account will be delinquent. Any buyer credit card on record will be charged the invoice total plus the additional 3% late fee. If no credit card is available, or if a credit card number supplied is invalid or a credit card charge is rejected, Applebrook Auctions shall be entitled to do any or all of the following, in its sole discretion: a. After 15 Days - Void any or all purchases covered by the invoice and sell the item(s) to an underbidder or other bona fide buyer without liability to the delinquent buyer and without releasing said buyer from responsibility to pay for any remaining purchases or losses/damages incurred due to nonpayment. b. After 60 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, the total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s) and any other related fees). c. Reject further bidding or consignments by the buyer at any and all future auctions. 10. All purchases are subject to 6.35% Connecticut state sales tax unless the purchaser possesses a Connecticut sales tax exemption number, and provides Applebrook Auctions with a valid, fully completed resale certificate. Valid exemption numbers from other states are accepted if accompanied by a fully completed resale certificate and a business card or letterhead. 11. ALL BUYERS ARE ENTIRELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL PACKING AND SHIPPING OF PURCHASED ITEMS. PLEASE DO NOT CONTACT APPLEBROOK AUCTIONS FOR PACKING OR SHIPPING QUOTES OR ASSISTANCE, AS WE DO NOT MAINTAIN AN IN-HOUSE SHIPPING DEPARTMENT - ALL SHIPPING IS OUTSOURCED. Please consider any and all shipping costs before you place an absentee bid or bid live. The value of any item may have no bearing on the cost to ship it and shipping costs will not affect your contractual obligations undertaken by registering to bid. While we do not maintain an in-house pack/ship department, as a courtesy and convenience to our customers we have listed below several shippers you may contact to provide packing/shipping estimates, arrange pickup of your items from Applebrook Auctions, and arrange for packing/shipping to your location. A release statement with the name and contact information of your shipper must be emailed or enclosed with your payment to Applebrook Auctions before any merchandise can be released. Country Postman (845) 677-1076 info@countrypostman.com Plycon Van Lines 631-269-7000 (Long distance) (Large items) Top Quality Delivery Services 860-379-3424 (CT, NY, MA) (Large items) Transport Moving and Storage 800-495-1114 12. Storage charges will accrue at a rate of $5 per day for small items, $10 a day for furniture, depending on the item, beginning fifteen (15) days after the sale. After 60 days, items become the property of Applebrook Auctions and will be re-auctioned. 13. Applebrook Auctions adheres to all Federal laws applicable to the sale of items containing materials from endangered or protected animal species, and WILL NOT ACCEPT LIABILITY for the purchase of any item which may include any material including, but not limited to, ivory, rhinoceros horn, tortoise shell, coral, whalebone or endangered woods. In the event an item is found to contain any of these protected products, it is THE SOLE RESPONSIBILITY OF THE BUYER to have conducted their own due diligence and to acknowledge and adhere to the applicable terms and conditions of any laws and regulations which apply to purchasing or the importation or exportation of such materials or items. 14. In all instances Applebrook Auctions or the auctioneer's joint or several interpretation of these conditions is final and binding on all bidders, and by placing a bid all bidders acknowledge having read and agreed to these Terms and Conditions.