Nautical Antique Specialty Auction

TERMS & CONDITIONS 1. Prior to sale, all bidders must register with Antiques of the Sea and/or online via BidSquare to participate in bidding. 2. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs. 3. Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any antique gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price. Please note that the original shipping costs will not be refunded as the cost was already incurred. The shipping to return the item will be at your purchaser expense. 4. A premium equal to 20% of the successful bid price will be added thereto and is payable by the purchaser as part of the total purchase price. 5. The Sales Tax rate for Sunset Beach , Ca. is 7.75% and is computed on this total purchase price and applies to bidders residing within the state. The purchaser will be required to pay Sales Tax unless exempted through possession of a valid State of California Sales Tax number on file. Please Note: The State of California has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction. Please Note: Due to credit card processing charges, In the event buyer desires to pay by using a credit card, a convenience fee averaging 4.0% to 6% of the entire amount due shall be added to the buyer's invoice. We encourage you to pay by sending us a check or wire transfer to avoid the credit card convenience fee. However, if you send a wire, it must be in US DOLLARS and a $30 bank processing fee will be added. All shipments will ONLY be shipped to the registered and confirmed address on file with BidSquare, no exceptions. This means the credit card used to pay for the items is where the items will be shipped to and will also be the tax rate BidSquare uses to calculate tax. Please do not ask to ship to another address when using a credit card or to change your tax rate. 6. The Auctioneer reserves the right to withdraw any property at any time before actual sale. 7. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction. 8. On the fall of the Auctioneers hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchasers sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneers commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased. 9. The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale. 10. Bidding will constitute full acceptance of the terms and conditions herein. Also recognize, all items are being sold as used and/or antiques. The items are meant to be used for display purposes only. Not liable for functionality. Take it upon your own risk to use, which is not advised. 11. Payment: Payment will be accepted in the form of personal check, cashiers check, bank wire transfer, money order, cash (in house only), credit card (confirmed address for US customers only, credit card fee's apply). For internet bidders, if payment is not received within 5 business days following the auction, a payment reminder invoice will be sent. If payment is not received within 10 business days of the auction, we reserve the right to void the sale of the item(s) to that bidder, and make the item(s) available for sale to the under bidder. In addition, any non-paying bidder will be prohibited from registering for any future auction. Please do not ask to have the sales tax removed as it is state law. 12. Shipping: Shipping fees listed with each lot pertain to domestic shipping only (contiguous or lower 48). International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to twenty (20) business days for said shipment to leave our business. For time sensitive shipments, we will expedite payment processing and shipping for a nominal fee. Items paid for by personal check are subject to a ten (10) business day hold for funds clearance. All domestic mainland items are shipped via FedEx ground or via USPS unless otherwise specified or requested by the customer. International shipments are shipped via DHL Express or FedEx Express. USPS is no longer used for international shipments due to issues with tracking packages. Insurance: All items are insured for the full purchase amount less carrier shipping charges, or the maximum amount allowed by the carrier and/or country of destination. Insurance is included in the specified shipping amount listed in the shipping section of the final invoice pricing. All invoices are sent with insurance already factored into the shipping charge. The customer has the right to waive any insurance amount by providing written consent that the customer will not hold Antiques of the Sea, Inc. or its shipping carriers responsible for damaged and/or lost shipments due to uninsured/under insured packages. In some instances, we reserve the right to only ship certain items if insurance is purchased for the full amount of the item(s) being shipped. 13. Storage Fees: Items not claimed within 30 Days after the auction will be subject to a $10 per lot, per day storage fee, unless other arrangements are made with Antiques of the Sea.