Elizabeth O'Neill Verner Flower Vendors

CARL W STINSON, AUCTIONEERS (CWS) will offer the property described in this catalog by the conditions set forth below which may be 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. The dynamics of conducting an auction combining bidders present in the room, absentee bids, phone bidders and internet bidders, can occasionally result in multiple bidders claiming the same bid. The auctioneer endeavors to acknowledge bids in the order they are offered. However, Internet bids are occasionally delayed by unpredictable technical interference or other causes, resulting in internet bids being superseded by those of other bidders. This is beyond our control, as we have no way of knowing when off-site bids are placed, only when we receive them. We apologize for any confusion caused by this. Internet bidders should be aware that auction floor bidders have a slight advantage in being able to offer bids more rapidly, possibly requiring Live Auctioneers bidders to bid earlier or again to gain the prevailing bid on an item. In any event, 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, CWS record of final sale shall be conclusive. 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. 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. CWS 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 5. 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, CWS record of final sale shall be conclusive. 4. CWS 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 premium of 25%. 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. PAYMENT TERMS - Invoices will be emailed to the email address registered with Live Auctioneers within 48 hours of the conclusion of the Auction and payment is due upon receipt of the invoice. ALL ACCOUNTS MUST BE SETTLED WITHIN 10 DAYS OF THE AUCTION DATE! Mailing address for payment is Stinson Auctioneers 293 Haverhill Street Reading, MA 01867-1809. We recommend using Fedex, UPS or Priority Mail to insure timely arrival of your payment. Payments accepted are cash, Visa, Mastercard, Cashier's check, Business Check, wire transfers (incurs an additional Bank wire transfer fee of $35.00), Personal Check, if you are known to us. We reserve the right to hold property until checks clear. WE DO NOT ACCEPT PAYPAL OR OTHER 3RD PARTY ARRANGEMENTS. A service charge of $25.00 will be charged for any returned check. PLEASE NOTE: There is a maximum limit of $25,000 that may be charged to credit cards, per client invoice. SALES TAX - Buyer's not having a Commonwealth of Massachusetts Resale certificate are required to pay sales tax (6.25%) on the total sales price, including the buyer's premium on ITEMS DELIVERED IN MASSACHUSETTS. Completed and signed Commonwealth of Massachusetts tax exempt form is required with payment, otherwise we are duty bound to collect sales tax. NO EXCEPTIONS WILL BE MADE. 8. REMOVAL OF GOODS, STORAGE & PICK UP - All property is to be packed, shipped or transported at the risk and expense of the Purchaser. At the discretion of the auctioneer, items of extreme value, fragility or due to other extenuating circumstances, will not be shipped and will require pick up by the buyer or their authorized agent. CWS CANNOT PROVIDE IN-HOUSE SHIPPING OR QUOTES - ALL SHIPPING IS OUTSOURCED. We have had good results with the Wakefield, Ma UPS Store and suggest contacting them at store4423@theupsstore.com for rates and details. Please resolve shipping inquiries prior to the auction. Items are removed from the auction site at the end of the day and returned to our warehouse facility. PICK UP BY TRANSPORT COMPANIES OR INDIVIDUALS BY APPOINTMENT ONLY - PLEASE CALL 617-834-3819. A signed release with the name and contact information of your shipper must be submitted to CWS, Inc. before any merchandise can be released. ITEMS MUST BE REMOVED FROM OUR WAREHOUSE WITHIN 30 DAYS OF THE END OF THE AUCTION. Items are stored at the risk of the Purchaser. A 24 hour notice is required for any items that are to be picked up and a storage fee of $5.00 per day WILL be assessed per item if not removed within the requested time, regardless of size and value of the lot(s). 9. CWS shall not be held liable for failure to execute left bids. 10. 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, CWS 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. 11. These terms and conditions of sale, as well as the respective rights and obligations of CWS and any purchasers or bidder at any sale of CWS, shall be governed by and construed and enforced in accordance with the laws of the Massachusetts. STANDARD BID INCREMENTS We attempt to follow the bid increments as stated below: $0-$500 by $25 $500-$1,000 by $50 $1,000-$2,000 by $100 $2,000-$5,000 by $200 $5,000-$10,000 by $500 $10,000-$30,000 by $1000 $30,000 and above by Auctioneer's Discretion CONDITION REPORTS Condition Reports - We will only respond to condition report requests that include phone and email contact info. Please make your questions as specific as possible and remember to include your email and phone number. Auction items are packed and stored in our warehouse until the event and may be inaccessible for inspection until the preview preceding the auction. That said, some condition report requests may not be answered until the day before the sale. 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. WE DON'T MAKE REFUNDS, ALL SALES ARE FINAL