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PLEASE
NOTE:
ALL BIDDERS AND OTHERS ATTENDING THIS AUCTION SHOULD READ AND
FULLY UNDERSTAND THE FOLLOWING TERMS.
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Some of the lots in this sale are offered subject to
a reserve. The reserve is a confidential minimum price agreed upon
by the consignor and Mathesons' AA Auctions below which the lot will
not be sold. In most cases, the reserve will be set below the
estimated range, but in no case will it exceed the low estimate. A
representative of Mathesons will execute such reserves by bidding
for the consignor. In any event and whether or not a lot is subject
to a reserve, the auctioneer may reject any bid or raise not
commensurate with the value of such lot.
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All property is sold "as is", and neither the
auctioneer 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. There are times when we are
certain that a signed piece is by the person whose name it bears,
and those cases the Auctioneer will announce that a written 30 day
guarantee will accompany the item. If the guaranteed item is
subsequently not found to be by the artist whose signature it bears,
by a universally recognized expert on that particular artist within
30 days of the sale, then Mathesons' Auction will refund both the
hammer price and the buyer's premium back to the buyer upon return
of the item (in the same condition as it was when it left our
gallery) and receipt of a written statement by the mutually accepted
expert.
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Except as provided in paragraph 1 above, the highest
bidder as determined by the auctioneer shall be the purchaser. In
the case of a disputed bid, the auctioneer shall have sole
discretion in determining the purchaser and may also, at his or her
election, withdraw the lot or reoffer the lot for sale.
- All merchandise purchased must
be paid for before items can be removed from the gallery within 7
days of sale. Mathesons' shall have no liability and shall be
held harmless for any damage or loss of any item not picked up
within 7 days of the auction in which it was sold unless delivery
arrangements are being made with shippers.
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Mathesons accepts
cash (In House Only), check, or Bank wire transfer for payment.
Mathesons reserves the right to hold merchandise purchased until the
check has cleared the bank. The purchaser agrees to pay Mathesons a
handling charge of $25.00 for any check dishonored by the drawee.
Mathesons does not accept payment by credit card for merchandise
purchases.
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If the purchaser breaches any of its obligations
under these Conditions of Sale, including its obligation to pay in
full the purchase price of all items for which it was the highest
successful bidder, Mathesons 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 failed to pay in full the purchase price, holding the
purchaser liable for any deficiency plus all costs of sale.
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In no event will the liability of Mathesons to any
purchaser to any item exceed the purchase price actually paid by
such purchaser for such item.
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Shipping is the responsibility of the purchaser.
Upon request, our staff will provide the list of shippers who
deliver to destinations within the United States and overseas. Some
property that is sold at auction can be subject to laws governing
export from the U.S., such as items that include material from some
endangered species. Import restrictions from foreign countries are
subject to these same governing laws. Granting of licensing for
import or export of goods from local authorities is the sole
responsibility of the buyer. Denial or delay of licensing will not
constitute cancellation or delay in payment for the total purchase
price of these lots. A list of our preferred shippers is as
follows:
(1). Pakmail – (321) 799-9905.
(2) . Mailman Joeys – (321) 266-2289
(3). The UPS Store – (321) 253-2600
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All purchases are subject to Brevard County, Florida
6% sales tax unless the purchaser possesses a Florida sales tax
exemption number. Exemption numbers from other states are accepted
in Florida if presented with a business card or letterhead.
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Except for property purchased on Live Auctioneers, a
premium equal to 17% of the final bid price up to and including
$200,000, plus 12% of the final bid over $200,000, will be applied
to each lot sold, to be paid by the Buyer as part of the purchase
price. The buyer's premium on property purchased on Live
Auctioneers will be in the amount equal to 20% of the final bid
price up to and including $200,000, plus 15% of the final bid over
$200,000.
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Bidding on any item indicates your acceptance of these terms and all
other terms announced at the time of sale whether bidding in person,
through a representative, by phone, by Internet, or other absentee
bid.
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These conditions of sale shall be governed by the
laws of the State of Florida (excluding the laws applicable to
conflicts or choice of law). The buyer/bidder agrees that any suit
for the enforcement of this agreement may be brought, and any
action against Mathesons in connection with the transactions
contemplated by this agreement shall be brought, in the courts of
Brevard County, Melbourne, Florida or any federal court sitting
therein. The bidder/buyer consents to the nonexclusive jurisdiction
of such courts and waives objections that it may now or hereafter
have to the venue of any such suit.
July 19th, 2010
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