Early American Antiques & Decorative Arts

GUARANTEE: Garth’s Auctions, Inc. continues to be committed to providing thorough descriptions that reflect our belief in service through honesty, integrity and attention to detail. Garth’s Auctions, Inc. guarantees the authenticity of origin as stated in the first bold line of the catalogue description, with the exception of amendments by any oral or written notices or announcements at the time of the auction. “Origin” is defined as the creator, period, culture, or source, as set forth in the first bold line of a lot in the catalog.

Exclusions – Notwithstanding any other provision of these Terms of Guarantee, Garth's Auctions, Inc. does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. There is no other warranty, express or implied. Each and every lot is sold “as is”.

BUYING FOR OUR ACCOUNT: The owners and employees of Garth’s Auctions, Inc. never have, nor ever will buy any item at our auction for ourselves.

LIABILITY: Garth’s Auctions, Inc. guarantees the authenticity of origin of a lot for a period of twenty-one days from the date of the auction and only to the original purchaser of record at the auction. If it is determined to Garth's Auctions, Inc.’s satisfaction that the first bold line is incorrect, the sale will be rescinded provided the lot is returned to Garth's Auctions, Inc. in the same condition in which it was at the time of the auction. It is also Garth's Auctions, Inc.’s policy to have the purchaser obtain, at the purchaser’s expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Garth's Auctions, Inc. and the purchaser, before Garth's Auctions, Inc. determines whether to rescind the sale under the above guarantee.

The purchaser’s sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Garth's Auctions, Inc. accepts no liability of any kind for an item after the gavel has fallen.

WITHDRAWN LOTS: Garth’s Auction, Inc. reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property.

SUCCESSFUL BIDDERS: The highest bidder acknowledged by the auctioneer is the
buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer’s gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot.


DISPUTED AND REJECTED BIDS: The auctioneer reserves the right to re-open the bidding on the disputed lot. The auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item’s worth. In the event of discrepancies, sale room records take precedence regarding hammer price and the winning bidder.

ESTIMATES & RESERVES: Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Garth’s Auctions, Inc. The reserve will not be higher than the low estimate.

CONDITION REPORTS: Absentee bidders should call or email for an updated condition report. This report supersedes the catalog description. We can answer questions until 24 hours before the start of the first session.

ABSENTEE BIDS: Garth’s Auctions, Inc. accepts absentee bids including internet bids, live auction internet bids and telephone bids. These bids are executed competitively. All absentee items are purchased as inexpensively as possible. Although our absentee bidding system is 100% honest, it is not foolproof and Garth’s Auctions, Inc. is not responsible for failing to execute any absentee bids.

BUYERS PREMIUM: A 20% buyer’s premium will be added to the gavel price for each lot sold at Garth’s Auctions, Inc. up to $50,000 & 15% on the remainder of $50,001.

SALES TAX: Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Garth’s Auctions, Inc. before any exemption can be made. Ohio residents will be charged 7.25%, unless exempt.

PAYMENT: Invoices will be mailed to the successful bidder within three business days of the auction. Payment is expected upon receipt of the invoice. Garth’s Auctions, Inc. accepts cash, personal and certified checks or VISA® and MasterCard® as payment for items purchased. Items may not leave the premises until payment is made and checks have cleared. A fee of $25 will be assessed on all returned checks.

PACKING AND SHIPPING: Garth’s Auctions, Inc. will ship items bought at auction at the purchaser’s risk. Purchasers will be billed for packing, handling, postage and insurance. Merchandise will be shipped within 15 business days of receipt of payment. Garth’s Auctions, Inc. is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. In most cases furniture is shipped through independent contractors. A list is available upon request.

STORAGE: Garth’s Auctions, Inc. requires that purchased items must be removed from the premises within 15 days of the auction unless other arrangements have been made. A notice of 24 hours must be given before items are picked up. Garth’s Auctions, Inc. reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Garth’s Auctions, Inc., be sold without notice to the original purchaser, to cover the cost of the merchandise and storage charges. Items are stored at the buyer’s risk.

FIREARMS: Garth's Auctions, Inc. follows all Federal Firearms Regulations.

ACCEPTANCE OF TERMS: Bidding on any item indicates the bidder’s acceptance of the terms and conditions of Garth’s Auctions, Inc.’s policy. We would like to thank you for your interest and participation.

OTHER INFORMATION FOR OUR CUSTOMERS

CONSIGNMENTS: Garth’s Auctions, Inc. will assist you by selling one item, a collection or an entire estate. For consignment inquiries and appointments call one of our representatives: Tom Porter, Jeff Jeffers or Steve Bemiller. Garth’s Auctions, Inc. is also licensed to sell real estate.

TRUSTS AND ESTATES: Garth’s Auctions, Inc. often works with bankers, trust officers, lawyers and others with the responsibility for dispersing estates. We will work with you and your representative to discuss you estate planning needs.

APPRAISALS: Garth’s Auctions, Inc. provides an appraisal service for insurance, estate tax, family division or other purposes.