Modernism and Northwest Fine Arts

Terms and Conditions of Auction Personal Property IDENTIFICATION: All purchasers are required to have a bidder's number card or have filled out a valid absentee bidding form. The bid card or absentee form is available at the registration desk and will be received by completing the supplied registration form. The bid card will be valid for this Auction only. ADDITION TO OR WITHDRAWAL FROM SALE: The Auctioneer reserves the right to withdraw from Auction any of the items listed or to sell at this Auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller is served, the auctioneer reserves the right to sell all of the items listed, in bulk. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more bidders, the Auctioneer may decide the sale or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the Auctioneer shall be final and absolute. RESERVE: The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller. ABSENTEE AND PHONE BIDDING: Absentee bids are accepted prior to the sale of goods. No telephone bids accepted for less than $500.00. Absentee bids accepted for under $500.00. Telephone bidders should examine lots offered as all items are sold as-is. Bidders agree to accept our Terms of Auction when bidding and a 20% In-House Buyers Premium will be added to all bids. An 25% Buyers Premium will be added to all online and phone bidding. A valid major credit card number will be required in order to execute telephone or absentee bids. MBA will make a good faith effort to accommodate bidders but will not be held responsible for errors or telephone disconnection if such occurs. MBA will call the telephone bidder as per instructions 3 minute prior to auction lot being offered. Winning bids must be paid in full by no later than 48 hours following auction or notification of your winning bid. Items purchased may not be shipped until full payment is made. CONDITION OF ITEMS SOLD: The Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness error in cataloguing or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as-is" and without recourse. PAYMENT AND BUYERS PREMIUM FOR SPECIALTY COIN & JEWELRY AUCTIONS: Absentee and phone bids accepted with a $2,000 deposit made by bank wire transfer, cash, or cashier's check. NO CREDIT CARDS ACCEPTED, certified funds only. Coins are represented as authentic by auctioneers. TERMS FOR FIREARMS: All firearms that are subject to an FFL or background check are done so through Pinto's Firearms of Renton, Washington. There will be a $25 per gun transfer fee to be paid to Pinto's Firearms separately. We do not handle shipment of firearms. PAYMENT AND BUYERS PREMIUM FOR ALL OTHER AUCTIONS: All bills must be paid in full before leaving the premises on the day of the auction, unless other arrangements have been made. All other purchases must be paid for within 48 hours after notification of being the successful bidder. The full purchase price on lots sold to the same buyer must be paid for within the time fixed and before removal of any of the items. Payment may be made by cash, credit card, debit card, or approved check. We do not accept discover cards. WE DO NOT ACCEPT PAYPAL. All bids are subject to a 20% buyer's premium for in-house bidders. Internet and phone bidders will be subject to a 25% buyer's premium. All in-state buyers must pay Washington State sales tax (currently 10%) on purchases unless a copy of a valid resale certificate is provided. Any invoice totaling $4,000 or more we require certified funds or bank wire transfer. We will not charge lower amounts multiple times to bypass this fee. SHIPPING: All shipping expense to be paid by the buyer. MBA Auctions will ship any item(s) that fit into a 12"x12"x8" USPS box for actual shipping costs. For any items larger than that, we recommend our local UPS Store #5819 (206) 246-0464 or Mailbox Express (425) 251-5443. DISPUTE RESOLUTION: This agreement is governed by the law of the State of Washington, applicable to all contracts made and performed solely in such faith. Any controversy or claim arising out of, or relating to, this agreement or breach thereof shall be settled by arbitration in SEATTLE, WASHIGNTON administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. The arbitrator(s) shall award to the prevailing party as determined by the arbitrator(s) all of the costs and fees in enforcing this agreement. Judgement upon each arbitration award may be entered in any court having jurisdiction thereof. COMPLIANCE WITH THE TERMS OF SALE: In default of payment of bills in full within the time herein specified the auctioneer in addition to all other remedies allowed by law, may retain all moneys received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time specified herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and costs of re-sale will be paid by the defaulting purchaser. ADDITIONAL TERMS AND CONDITIONS: Any additional terms or conditions of sale, added by Auctioneer, shall be announced prior to the Auction. REMOVAL: Removal shall be at the expense, liability, and risk of the purchaser. Purchases can be removed only upon presentation of a paid bill. Auctioneer shall not be responsible for goods not removed within the time specified, and shall have the option of removing and storing at the expense and risk of the purchaser any article purchased. Item(s) left at our auction gallery for over 1 month there will be a storage fee of 10% of your total bill. After three months the item(s) will be resold for a 35% selling commission or donated. After any item(s) are left for one year, they are considered abandoned with no recourse from the buyer(s). NON-DELIVERY RESPONSIBILITY: Auctioneer shall not, in any event, be liable for non removal or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled to it. CLAIMS: No claims will be allowed after goods are removed from premises. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability therefore. Neither the Auctioneer nor his principal shall be liable by the event of any dispute. Auctioneer may tape record and/or video tape any auction and buyer agrees to allow such tape recording and/or video tape to be submitted as evidence in a court of law. Buyer agrees to pay all reasonable fees incurred in enforcing these terms. AGENCY: The Auctioneer is acting as agent only and is not responsible for acts of its principals