Mish Fine Jewelry Pagoda Brooch Auction to Benefit Cheekwood Estate & Gardens

TERMS & CONDITIONS: All property is sold as is, and neither the seller nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within fourteen (14) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. 2. Condition reports are available upon request. 3. Mish, Inc. reserves the right to withdraw any property at any time before the sale ends in its sole and exclusive discretion. 4. Unless otherwise announced by the seller at the time of sale, all bids are per lot/item number. 5. The highest bidder acknowledged by the seller shall be the purchaser. In the event of any dispute between bidders, the seller shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects. 6. Upon the completion of sale, title to any offered lot or article will immediately pass to the bidder as determined in the exclusive discretion of the seller. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as Mish, Inc. may require. All merchandise purchased must be paid for within (24) hours and removed from the premises within (30) days from the day of the auction. Mish, Inc. shall have no liability for any damage or loss to property left on its premises for more than seven (7) days from the date of sale. If any property has not been removed within thirty (30) days from the date of sale, at the option of Mish, Inc. (a) Mish, Inc. may impose a monthly storage charge of any lot or portion of a lot not removed within the thirty days, and/or (b) Mish, Inc. may place the merchandise in a subsequent sale event. 7. Payment is a precondition to removal. Payment shall be by Visa, MasterCard, or American Express. In addition, payment may be made by Personal/Bank Check or Bank Wire, however, there shall be a waiting period, as deemed by Mish, Inc., for payment funds to fully clear/deposit/post prior to shipment or removal of the lot. 8. If the purchaser breaches any of their obligations under the Conditions of Sale, Mish, Inc. may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale. 9. Sales tax in the amount of the actual rate to the city or county will be added to orders for which the shipping address and/or billing address is in the state of New York. Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of a State of New York sales tax number prior to the start of the sale event. 10. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. 11. Mish, Inc. and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Mish, Inc. expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Mish, Inc. relating to an item, including the contents of this catalog, is, and shall remain at all times, the property of Mish, Inc. and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 12. These conditions of sale shall be construed in accordance with the laws of the state of New York. The buyer/bidder agrees and consents to submit to the personal jurisdiction in the state and federal courts located in the venues of Manhattan County, New York, United States.