333 Auctions December General and Estate Sale

TERMS OF SALE
333 Auctions, Inc.
609-397-9374 (p) • 609-397-9377 (f)
(Hereafter referred to as "the Auction House")


All property sold by 333 Auctions is sold "AS-IS, WHERE-IS." The bidder assumes the full responsibility for inspecting and evaluating the property prior to bidding and must make an independent judgment as to the property, its value, and the accuracy of any descriptions or information provided about the property.


By bidding in our auctions, either by phone, absentee bid, online, or in person, you are agreeing to the Terms of Sale, as well as any supplemental notices. If you have any questions after having read the Terms of Sale, please contact the CEO, Miriam Tucker, at mtucker@333auctions.com or 609.397.9374, extension 41.


1. General
Each lot in this catalogue is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. • No communications by any employee of the Auction House is intended to be binding, and such communications are made for informational purposes only. • The Auction House retains all rights to copyright and other intellectual property contained in this catalogue.
Sales Results: Sales results are available in the afternoon of the first business day following the auction or as soon as the Auction House has audited and verified all sales. Results will be available by phone and on the web at www.333auctions.com. Please do not call prior to this time for results, as our staff cannot release unverified results under any circumstances. We thank you for your understanding in this matter.


2. Purchase Price, Buyer’s Premium, Taxes, and Billing
Upon the fall of the auctioneer’s hammer, the successful bidder becomes the buyer and owner of the property and is responsible for the property, the amount of the successful bid, the buyer’s premium, applicable taxes, and other charges provided for in the Terms of Sale in U.S. Dollars, payable immediately.
Buyer’s Premium: 17.5% of the successful high bid price for purchases made live, by phone, or by absentee bid (with a 2.5% discount on the buyer's premium for all purchases paid for by cash, check, or money order). The buyer’s premium is 20% of the successful high bid price for purchases made via eBay Live Auctions regardless of payment method.
Taxes: Applicable taxes shall include New Jersey sales tax (6%), use tax, excise tax, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from New Jersey sales tax by U.S. dealers. No New Jersey sales tax is charged for purchases shipped out of state.
Billing: All successful telephone, online, and absentee bidders will be sent invoices by mail on the first business day after the auction.


3. Methods of Payment and Fees
Acceptable methods of payment: Cash. Check. Wire Transfers. Visa. MasterCard. Discover. PayPal. ($25,000 limit on purchases made by credit card.) All payments are due immediately upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received from eBay Live Auctions buyers within 10 (ten) days from the date we mail the invoice, we will have no choice but to place an NPB on the Buyer’s account.
Late Payment: If payment is not received within ten (10) days of sale, the Auction House reserves the right to deny all future credit, impose from the date of sale a late charge of 1 1/2% a month of the total purchase price or void the sale, at its sole discretion. The Auction House reserves the right to move the property off-site at the risk of the buyer.


4. No Warranties or Guarantees
All property is sold "AS-IS, WHERE-IS." The bidder assumes the full responsibility for inspecting and evaluating the property prior to bidding and must make an independent judgment as to the property, its value, and the accuracy of any descriptions or information provided about the property. Neither the Auction House nor the consignor makes any warranties, guarantees, or other representations, express or implied, as to the property, save for the consignor’s warranty of title. Specifically, neither the Auction House nor the consignor makes any warranty or representation, express or implied, as to merchantability, fitness for purpose, age, authenticity, medium, material, value, genuineness, condition, quality, quantity, size, rarity, significance, period, provenance, culture, source, or origin. No statement set forth in catalogues, prior to the auction, at the auction or otherwise, oral or written, shall be taken as a warranty or other representation. Neither the Auction House nor the consignor is responsible for any errors or omissions. Neither the Auction House nor the consignor makes any warranty or representation, express or implied, as to whether a buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the property.


5. Qualifying to Bid
Bidding Numbers: All bidders must register and receive a bidding number from the Auction House prior to bidding at the auction.
New Buyers: If we do not know you, you may be asked to furnish identification, a valid credit card number, and, possibly, credit references. If you are acting as another’s agent or principal, we may request a letter of authorization. If paying by check, you must establish credit with Eliane Talec, extension 18, prior to the auction. A letter from your bank, presented before the sale, may also be accepted, at our discretion, although we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within ten (10) days, the balance will be charged to your credit card together with such charges set forth in these Terms of Sale.
Rights of the Auctioneer: The auctioneer reserves the right to refuse participation by any bidder, whether on premises or participating on-line or by telephone, whom the auctioneer deems in his discretion to be or have been disruptive of the bidding or auction process, or otherwise deemed to affect the integrity of the process.


6. Bidding Increments
$10 until $100 is reached $500 until $10,000 is reached
$25 until $500 is reached $1,000 until $20,000 is reached
$50 until $1,000 is reached $2,500 until $40,000 is reached
$100 until $3,000 is reached $5,000 until $100,000 is reached
$250 until $5,000 is reached $10,000 over $100,000
The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.


7. Absentee Bids
We accept absentee bids by phone, by mail, in person, or by fax. If you fax your absentee bids, you must also call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We will buy all designated lots for you at the bidding increment just above where competition stops. Please check and comply with these increments. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. • "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. • All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. • Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. • If you place absentee bids with the Auction House, then choose to attend in person, bid by phone or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. The Auction House is not liable or responsible for any errors or failure to do so.


8. Telephone Bids
Lines are available on a first-come, first-served basis – please call 609-397-9374 to reserve lines as soon as you are able. We will do all we can to accommodate you, but we cannot guarantee the availability of a phone line. • Please do not fax phone line requests. • Your phone number and lots will be confirmed the day before the auction. • We must insist on one phone number ONLY during the sale. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids as a precaution. • If you change your phone number after your phone lines have been confirmed, the Auction House cannot be responsible. • All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be any problems with telephone connections. • One of the reasons people bid by phone is to monitor how much they're spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. • Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so.


9. Internet Bids
The Auction House engages the services of eBay Live Auctions and Live Auctioneers for select auctions as a courtesy for its clients who wish to bid and buy online. When available, please proceed to www.ebayliveauctions.com for all necessary information on how to bid and buy online using this system. The user of eBay Live Auctions and Live Auctioneers indemnifies and holds the Auction House and its consignors harmless against any claim arising out of or resulting from your use of the eBay Live Auctions and Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney’s fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Auction House and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site.


10. Auctioneer’s Determination Final
A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer reserves the right to reject any bid. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, and d) otherwise regulate the bidding and its increments.


11. Reserves
A reserve is the confidential minimum price established by the Auction House and the consignor. The reserve will never exceed the low estimate of the lot. The Auction House prohibits consignors from bidding on their own property, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in.


12. Price Estimates
The estimates provided in this catalogue are our opinion of the price that a willing buyer would pay for the property at auction, based, where possible, on prices paid for comparable items sold in the past. Estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.


13. Withdrawal of Property from Sale
The Auction House reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal.


14. Rescission by Buyer
All property is sold "AS-IS, WHERE-IS." Neither the Auction House nor its consignor shall be liable for damages such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise. No refund will be made. The buyer acknowledges and expressly agrees to the provisions of the paragraph.


15. Rescission by the Auction House
In the event the Auction House receives notice of an adverse claim with respect to purchased Property, the Auction House shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the buyer, upon written notice to the buyer. Upon such notice, the buyer will promptly return the purchased property to the Auction House’s premises in the same condition as when purchased. The Auction House will then promptly refund the purchase price, including the buyer’s premium and applicable taxes paid. Buyer will have no further recourse against the Auction House or the consignor, and the Auction House and the consignor shall not be liable for any damages of any nature suffered by the buyer.


16. Payment, Collection, and Shipping Responsibilities of Buyer
Buyer Obligations: On the fall of the auctioneer’s hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the Property. The buyer assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer’s premium, applicable taxes, and any other associated expenses.
Collection of Property and Storage Charges: The buyer will pay for and remove the purchased Property from the premises of the Auction House within ten (10) days of the sale. Those who choose to pick up their paid property from the Auction House in the days following the sale must call 24 hours in advance to arrange pick-up. Pick up can normally be made during the business day, Monday through Friday, excepting the hour between 12:00 and 1:00 pm. You must confirm your pick up with Eliane Talec, extension 18 or Michael Ingham, extension 15, when you call. If the purchased Property is not removed within ten (10) days, the buyer will thereafter be assessed a $10 per lot storage charge per day. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer’s risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released.
Packing and Shipping Smalls: Paid property that can be shipped by common carrier such as UPS, Federal Express, or the U.S. Mail service will be released to an outside shipping agency after ten (10) days. The sale of any unpaid property still on the premises after ten (10) days may be voided at the discretion of the Auction House or storage charges occur.
Packing and Shipping Freight: Paid property that must be shipped by freight will be held for ten (10) days while the buyer arranges for removal from the premises of the Auction House. The sale of any unpaid property still on the premises after ten (10) days may be voided at the discretion of the Auction House or storage charges occur. Please feel free to call for recommendations on freight and local delivery. We will also work with any shipper of your choosing. Note: The delivery of large, heavy, or expensive objects is not an inexpensive proposition and we urge you to consider this before bidding.


17. Buyer Default
Remedies: If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by the Auction House. The buyer shall be liable to the Auction House and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to the Auction House by law, the Auction House may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to the Auction House and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys’ fees, collection fees and expenses, late charges, and other damages. The Auction House may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in the Auction House’s possession to reduce or satisfy the buyer’s obligations.
Security Interest: As security for full payment to the Auction House and the consignor of all amounts due, the buyer grants the Auction House the right to retain a security interest in the property purchased at auction and in any other property or money of buyer in the Auction House’s possession or coming the Auction House’s possession (collectively, "collateral.”) The Auction House shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the property or other collateral will cease when the property is physically delivered to the buyer or the buyer’s agent.


18. Governing Law and Forum for Disputes
The laws of New Jersey shall govern the auctions of the Auction House. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with New Jersey law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of New Jersey with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that the Auction House needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it the Auction House shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit.


19. Limitations of Liability
The Auction House acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor.


20. Severability and Waiver
If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.


21. No Assignment
Unless the Auction House consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sale by the Auction House.


22. No Modifications
These Terms of Sale may not be changed unless the Auction House and buyer have agreed to do so in a written agreement signed by both parties.


23. Miscellaneous
Export or Import: An export license may be required for the export of certain materials. Some countries prohibit the importation of certain materials. It is the sole responsibility of buyers to familiarize themselves with any required license and import/export requirements. The Auction House will have no responsibility with regard to these matters.
Private Sales: These Terms of Sale shall apply to both auction and private sales of property.
Paragraph Headings: Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.