Basic terms of auction: Your credit card on file will be charged at the end of the auction or the following day. If there are any vehicles, payment will need to be in cash or wire transfer only. 10% buyer's premium applies to all purchases. All items are sold "As Is", with no guarantee or warranty. Bidder agrees not to attempt a wire transfer cancellation or any other form of payment cancellation. All sales are final. We do not guarantee condition or grading on any items.
STAGGARD/GROUP/DYNAMIC CLOSING: The auction will begin closing at 7:00PM on Thursday, October 31st. The closing time of a lot or group of lots will be automatically extended an additional 5 minutes whenever a bid is placed within the last 5 minutes of the lot's closing time and will continue to do so until the timer runs out.
Auction Terms & Conditions:
1. TERMS & CONDITIONS OF SALE: The following conditions of sale make up the entire terms and conditions by which items listed by Michael Hoffman, Auctioneer will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING, BUT NOT LIMITED TO, THE PURCHASER BIDDING ON THE WRONG LOT.
2. BUYER'S PREMIUM: All bid prices "hammer prices" (hammer prices means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium of 10% payable by the purchaser. This premium is added to the purchaser's successful bid amount and the two together equal the total sales price. For the avoidance of doubt, a 10% buyer's premium will be added to each purchase, regardless of payment method. If you bid $100.00 at checkout you will be charged $110.00.
3. METHOD OF PAYMENT: For this auction, invoices exceeding $2,500 will require payment via cash or wire transfer ONLY. Invoices for less than $2,500 can be paid in cash or via Visa or Mastercard. A buyer's premium of 10% will be added to all purchases. All items are sold on an "As Is" basis without any guarantees or warranties. By participating, bidders commit to not attempting to cancel wire transfers or any other forms of payment. All sales are final, and refunds will not be issued. We do not provide guarantees on the condition or grading of any items.
4. TERMS OF PAYMENT & TRANSFER OF TITLE: At the close of the lot, the high bidder will have purchased the offered lot. All sales are final upon the closing of the lot. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof at the fall of the hammer. The purchaser further agrees to pay the Total Amount Due within three (3) calendar days. Title does not transfer to buyer until all payments and fees are paid in full, including any shipping fees. Buyer agrees that they will not file a charge back with their credit card company for any reason. All disputes MUST be discussed directly with the auction company. Anyone filing a chargeback not authorized by Auctioneer will be assessed a $50 fee.
5. NON-PAYMENT: Payment will not be deemed to have been made in full until Michael Hoffman, Auctioneer has collected funds by cash or wire transfer and confirmed their authenticity. If Michael Hoffman, Auctioneer has not received payment in full, in good cleared funds, within three (3) calendar days following the sale, Michael Hoffman, Auctioneer reserves the right to exercise on or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of one and a half (1.5%) per thirty (30) days of the total purchase price; (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Michael Hoffman, Auctioneer finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Michael Hoffman, Auctioneer's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Michael Hoffman, Auctioneer deems fit. In addition, a defaulting Buyer will be deemed to have granted Michael Hoffman, Auctioneer a security interest in, and Michael Hoffman, Auctioneer may retain as collateral security for such Buyer's obligations to Michael Hoffman, Auctioneer, any property in Michael Hoffman, Auctioneer's possession owned by such Buyer.
6. WITHDRAWL: Michael Hoffman, Auctioneer reserves the right to withdraw any property from the auction prior to the completion of the auction sale for any reason.
7. PROTESTS, DISPUTES AND THE AUCTIONEER: Michael Hoffman, Auctioneer reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute, including the re-offer and resale of any article or item in dispute. Michael Hoffman, Auctioneer's records will be deemed conclusive in all respects in the event there is any dispute after the sale.
8. FAILURE TO DELIVER PURCHASER'S PROPERTY: If Michael Hoffman, Auctioneer is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event any additional incidental or consequential damages.
9. CATALOG AND DESCRIPTIONS: All statements my by Michael Hoffman, Auctioneer in the catalog, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Michael Hoffman, Auctioneer attempts to catalog and photograph every lot correctly and will attempt to point out defects but will not be responsible or liable for the correctness of the catalog, other descriptions, or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Michael Hoffman, Auctioneer, nor the seller, are responsible for any errors and omissions in the catalog or any supplemental material.
10. BUYER'S RESPONSIBILITY: You, as a prospective Buyer, are responsible for personally examining or otherwise ensuring YOUR satisfaction with all lots in which you have an interest. By placing a bid, you signify that you have examined, or otherwise ensured your own satisfaction with the lot as fully as you desire; or that you have chosen not to examine, or otherwise ensure your satisfaction. If you require absolute certainty in all areas of authenticity, condition, etc., and the results of your examination and/or other investigation leave uncertainty in your mind, Michael Hoffman, Auctioneer recommends you have an independent expert examine the lot for you prior to bidding. It is the Bidder's responsibility to determine age, authenticity, value or any other determinative factor. We highly encourage you attend or schedule any inspections before bidding.
11. GUARANTEE: All property offered for sale is AS-iS, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Michael Hoffman, Auctioneer does not guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Michael Hoffman, Auctioneer acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding conditions are opinions, not statements of facts or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Michael Hoffman, Auctioneer or any person purporting to act on their behalf is authorized to make any representation or warranty, oral or written, with respect to any lot or item for sale.
12. ABSENTEE BIDDING: As a service to anyone wishing to place bids in advance of the sale, Michael Hoffman, Auctioneer may accept bids on behalf of potential bidders. Purchaser acknowledges that Michael Hoffman, Auctioneer has a fiduciary duty to the sellers and no agency relationship is established with any bidders or purchasers. Purchaser acknowledges that Michael Hoffman, Auctioneer owes no duty to disclose the ownership of any item being auctioned. Any absentee bid will be executed as if the bidder was physically present and bidding on their own behalf. Michael Hoffman, Auctioneer assumes no responsibility for failure to execute any absentee bids for any reason whatsoever.
13. RESERVES: Some lots may be offered subject to a reserve, which is a minimum price below which the auctioneer is not obligated to sell the lot. Michael Hoffman, Auctioneer may, at its discretion, disclose the amount of the reserve. Michael Hoffman, Auctioneer may advance bids on items that are subject to reserve on behalf of the Seller.
14. TELEPHONE BIDDING: Telephone bidding is not offered for this auction.
15. SHIPPING: Shipping is not being offered for this auction.
16. AUCTIONEER RECOGNITION OF BIDS: During the course of the auction, the auctioneer may accept bids from live audience bidders, live online bidders, online absentee bidders, onsite absentee bidders, and telephone bidders. The auctioneer reserves the right to advance bids in whatever increments they feel is in the best interest of the seller. If the auctioneer accepts a bid from another bidder that equals the maximum bid offered by an online bidder, the bidder that the auctioneer recognize will win the bid regardless of when the bids were submitted.
17. TECHNOLOGY ISSUES: If after a lot has closed there is determined to have been a software malfunction, or internet service problem, we may reopen any lots or all auction lots for further bidding. If during the auction, a major outage occurs, Michael Hoffman, Auctioneer may decide to reopen the entire auction and extend the closings to a future date and time. In this instance, lots that were "closed" will be reopened for further bidding. However, if there are no internet outages, service interruptions, or computer software issues, only then will be consider "closed" to mean "sold". Auction company will invoice the winning bidder as notification to confirm the lot is sold.
18. DISUTES UNDER THIS CONTRACT: Purchaser and Michael Hoffman, Auctioneer agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, except for the failure of the purchaser to make full payment of the purchaser's obligations to Michael Hoffman, Auctioneer. In the event the purchaser fails to make full payment, Michael Hoffman, Auctioneer, may, but is not required to, proceed directly to court. Furthermore, the purchaser and Michael Hoffman, Auctioneer agree that should mediation be necessary, mediation fees, if any, will be borne solely by the purchaser. Purchaser and Michael Hoffman, Auctioneer are required under the terms and conditions of sale to enter mediation before arbitration or any court action. If a party commences legal action other than mediation without giving written notice to the other party, the party commencing legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration, and court proceedings, whether in state or federal court, shall be filed and conducted solely within Fairfield County, State of Ohio, and not in any other jurisdiction. Should mediation not settle the dispute between the parties, the purchaser and Michael Hoffman, Auctioneer agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Fairfield County, State of Ohio. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute, I then submit to neutral binding Arbitration with Michael Hoffman, Auctioneer and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
19. LIMITATION OF LIABILITY: Except as expressly provided above, all property is sold "As Is" "Where IS". Neither Michael Hoffman, Auctioneer or the Consignor/seller make any representation or warranty, express or implied, as to the title, merchantability, fitness, or condition of the property, or as to the correctness of description, genuineness, attribution, provenance, or period of the property or as to whether the purchaser acquires any copyrights or other intellectual property rights in lots sold or as to whether a work of art is subject to the artist's moral rights or other residual rights of the artist. The purchaser expressly acknowledges and agrees that in no event shall Michael Hoffman, Auctioneer be liable for any damages, including without limitation, any compensatory, incidental, or consequential damages.
20. LOAD OUT: There is no storage available. Buyers should bring their own moving personnel and equipment, if needed. We do not help load. Any items left after the specified load out dates will be considered forfeited unless alternate pick up or shipping arrangements are made.
21. CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
22. CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, or the image may not always accurately represent the color of an item, always read the item description.
23. CHOOSE WISELY: We want everyone to be happy with their purchase(s) and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly.
24. ABANDONED LOTS: Any item that is not paid in full and picked up by the buyer within 30 days will be considered abandoned, unless prior arrangements have been made with Michael Hoffman, Auctioneer. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Michael Hoffman, Auctioneer. Disposal fees may be assessed as needed.
25. ADDITIONAL TERMS: The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend, or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times. By registering for this auction, you give Michael Hoffman, Auctioneer permission to add you to their mailing list. You can unsubscribe at any time.
