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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 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.
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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.
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All merchandise purchased must be
paid within 7 days of the auction. Mathesons may impose, and
the purchaser agrees to pay, a monthly storage charge of 1.5% of the
purchase price of any lot or portion of a lot not removed by
the purchaser within 30
days after the date of sale.
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Mathesons accepts cash(In House
Only), check, Western Union Quick pay, money orders, 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) cancelling 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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Upon request, our staff will provide the list of
shippers who deliver to destinations within the United States and
overseas. We do not have inhouse shipping, but will be happy
to coordinate with you and the shipper. Ultimately shipping is
the purchaser's responsibility. 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. All items
not being picked up at the gallery will be shipped by one of the
shippers below, unless you have a preferred shipper. You, the
buyer, will need to contact one of the shippers after the auction
directly to arrange shipping and payment of same.
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1. Craters & Freighters (contact
Robin) 877-492-5007
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www.cratersandfreighters.com
email:
spacecoast@cratersandfreighters.com
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2.
LDG Delivery Service (contact Drew
Gerard) 561-212-7159
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email:
antiquedelivery@aol.com
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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.
April 1st, 2009
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