Western Art and Antiques Auction A295 Day Two

DARGATE AUCTION GALLERIES, LLC TERMS AND CONDITIONS: The below listed "Terms and Conditions" are the complete and only understanding on which property in any auction is sold. 1. CAVEAT EMPTOR: The property purchased at Dargate is sold "AS IS" without any representations or warranties, express or implied, by Dargate or its consignor(s) as to the merchantability, fitness for a particular purpose, or description of any property. Any condition statement is given as a courtesy to the client, is only an opinion and should not be treated as a statement of fact. Dargate shall have no responsibility for any error or omission. The buyer should assume all items are not free from wear and tear, imperfections or the effects of aging. All prospective buyers are strongly advised to examine any property in which they are interested in before the auction takes place. All items are available for viewing during auction preview hours at the 326 Munson Avenue McKees Rocks, PA 15136. BY BIDDING ON AN ITEM YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT. IF YOU HAVE NOT RESPONDED TO OUR CORRESPONDENCE BY THE CLOSE OF THE FIFTEENTH DAY AFTER THE LAST DAY OF THE AUCTION, OR MADE FIRM PAYMENT ARRANGEMENTS, WE RESERVE THE OPTION TO MAKE THE ITEMS "NO SALES," CANCEL THE TRANSACTION, AND, FOR INTERNET BUYERS, POST A "UPI" ON YOU THROUGH LIVE AUCTIONEERS. 2. BUYER PREMIUM, SHIPPING, SALES TAX: a charge of 20% will be added to the final bid price (25% for internet bids, effective immediately), and is payable by the buyer, as well as Pennsylvania sales tax (7%), unless the property is being shipped to a state other than Pennsylvania, or the property is purchased for resale under a proper State resale number, or other legal exemption. Property that is picked up in person is subject to PA State sales tax. 3. PAYMENTS: Visa, MasterCard, Discover, Money Orders, cash, bank or certified checks, wired funds, or personal checks drawn on a Pennsylvania bank, are acceptable forms of payment, and property may be immediately picked up or shipped. Money orders and personal checks drawn on non-Pennsylvanian banks are acceptable; however, property may not be picked up or shipped until the 11th day following receipt of the check. If payment is not made within 4 days after receiving your invoice, Dargate has authorization to charge the credit card provided at the time of registration for the full amount of your invoice. In Dargate's sole discretion, a sale may be nullified if payment is not received from the buyer within 15 days of the auction close. 4. RESERVES: under Pennsylvania law, unless expressly stated otherwise, all property in an auction is considered subject to a reserve (a confidential amount below which an item will not be sold). Buyers should assume that all property in Dargate auctions are reserved. Dargate reserves the right to bid on behalf of its consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by Dargate placing successive bids, or bids in response to buyers' bids. 5. MISCELLANEOUS: (a) all measurements and weights are approximate, (b) Dargate does not provide shipping services, buyers are responsible for shipping arrangements, and any/all shipping charges are the responsibility of the buyer (c) Dargate, in its sole discretion, reserves the right to refuse a bid or withdraw property for any reason prior to the final auction close, (d) Dargate will decide any bidding disputes, (e) Dargate will not be responsible for computer breakdowns, viruses, interruptions, or programming errors, (f) if purchased property cannot be provided by Dargate for any reason, the sale shall be deemed cancelled without any liability to Dargate. (g) Under no circumstance will Dargate's liability exceed the purchase price of an item. (h) Legal matters will be governed under Pennsylvania law. 6. BUYER'S OBLIGATIONS: (a) Pay promptly in good funds, (b) buyer pays for and arranges all shipping, insurance and packing costs, (c) buyer must remove or cause property to be shipped from Dargate's premises within 40 days of the auction close. Storage charges of $5.00 per item per day will be incurred by the buyer beyond the 40 day limit and must be paid before the property is released. 100 days after the close of auction, Dargate may dispose of left property without reserve, and without notice to the purchaser. Items left for a length of time where storage fees exceed the purchase cost of goods, Dargate shall take possession of the items, and have the option of reoffering the merchandise with no obligation to the original buyer. (d) promptly advise Dargate of any problems. 7. SHIPPING INFORMATION: Buyer must pay for and make shipping arrangements. As a service to our customers, Dargate offers several shipping company suggestions . Dargate makes no guarantee of any services provided by the suggested shippers. The buyer is free to contact any shipping company they wish, and shippers are not limited to those suggested by Dargate. 8. BIDDING INCREMENTS: unless otherwise indicated by the auctioneer, the following bid increments will be used. $ VALUE INCREMENT 0 TO 49 5, 50 TO 199 10, 200 TO 499 25, 500 TO 999 50, 1000 TO 1,999 100, 2000 TO 4,999 250, 5000 TO 9,999 500, 10000 TO 19,999 1000, 20000 TO 49,999 2500, 50000 TO 999,999 5000, 100,000 TO 249,999 10,000, 250,000 TO 9,999,999 25,000. Dargate Auction Galleries 326 Munson Avenue, McKees Rocks, PA 15136 Phone +1 412. 771.8700, Fax +1 412. 771.8779 PA Lic. #AH000298 Privacy Statement Dargate considers the privacy and protection of its clients' personal data to be of utmost importance. To ensure that you feel confident about providing us with your personal information when communicating with us and using our services, we outline below our practices in relation to the collection and use of personal data. Changes may be made at any time. Purposes Dargate will collect, record, store and use your personal data but only to enable you to consign or purchase property or services and, to advise you of forthcoming sales, events and services. Privacy We will not share your Personal Data with anyone outside the Dargate Auction Galleries. Security Any personal data you provide to us is securely stored in a database held by Dargate to which only authorized Dargate employees have access. We have in place administrative measures to ensure that the access which Dargate employees have to personal data on our server is limited to the extent necessary in order to perform their functions. The server holding your personal data is protected against both unauthorized physical and electronic access. These measures include an electronic firewall and various other protection measures that involve virus scanning, installation of security patches, vulnerability testing, backup and recovery planning, employee training, security audits and other steps designed to constantly improve the data protection posture. Email In order to provide you with timely notice about upcoming auctions and events, Dargate may send you email notices based on your expressed interests. At the bottom of each email you will be provided with the option to unsubscribe from future mailings. Exceptions While we will not voluntarily disclose your personal data we may disclose such information if we are required to do so by a Court Order, if we are requested by government or law enforcement authorities, if we are required to do so pursuant to other legal processes, or if it becomes necessary to protect the rights or property of Dargate.