CONDITIONS OF SALE
All property will be offered and sold by Joseph DuMouchelle International
Auctioneers, LLC as agent for the consignor on the following terms and conditions:
1. Unless the sale is advertised and announced as a sale without reserves,
each lot is offered subject to reserve and Joseph DuMouchelle International
Auctioneers, LLC may implement such reserves by bidding through its representatives on behalf of the International Auctioneers, LLC less than the standard commission rate where the Consignor is the successful bidder. Where the Consignor is indebted to Joseph DuMouchelle International Auctioneers, LLC and in certain other instances, Joseph DuMouchelle International Auctioneers, LLC may have an interest in the offered lots and the proceeds there from other than the commissions for their sale.
2. As a convenience to clients who cannot attend a sale in person, Joseph DuMouchelle International Auctioneers, LLC will, if so instructed, execute written order bids on their behalf, without additional cost. If you are successful as a bidder, payment is required immediately upon request or upon receipt of an invoice. Payment may be made by wire transfer, check or PayPal if the total invoice is less than $2,500. Invoices totaling $2,500 or more must be made by wire transfer, which is the easiest and quickest method of payment. In state checks must be held 5 business days and out of state checks must be held 10 business days to clear. Joseph DuMouchelle International Auctioneers, LLC will not be responsible for errors or failure to execute bids.
3. Joseph DuMouchelle International Auctioneers, LLC and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in their catalog. All property is sold "as is" and neither Joseph DuMouchelle International Auctioneers, LLC nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or a warrant or representation as the description, genuineness, attribution, provenance or condition of the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. We and the Consignor make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property.
4. A premium of 20% of the successful bid price will be added thereto and is payable by the purchaser as part of the total purchase price on lots in sale.
5. We reserve the right to withdraw any property before sale.
6. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
7. Notwithstanding the preceding condition, if within twenty-one days of the
sale of any lot, the purchaser gives notice in writing to Joseph DuMouchelle
International Auctioneers, LLC that the lot so sold is a counterfeit and, if
within fourteen days of such notice the purchaser returns the lot to Joseph
DuMouchelle International Auctioneers, LLC in the same condition as when
sold, and proves beyond a reasonable doubt that the returned lot is in fact a
counterfeit and that this was not indicated by a fair reading of the catalogue the sale will be rescinded and the purchase price refunded. Consignor agreesto refund to Joseph DuMouchelle International Auctioneers, LLC any payments made to Consignor for any counterfeit property returned to Joseph DuMouchelle International Auctioneers, LLC.
8. On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility therefore, b) will sign a confirmation of purchase thereof, and c) will thereupon pay the full purchase price therefore or such part as we may require. We reserve the right to impose a late charge of 1 1/2% per month on the total purchase price if payment is not made in accordance with all of the conditions set forth herein. All property must be removed from the premises of Joseph DuMouchelle International Auctioneers, LLC by the purchaser at their expense not later than three business days following its sale and, if it is not so removed, a handling charge of 1% of the purchase price will be payable by the
purchaser per month until its removal, with a minimum of 5% for any property not so removed within 60 days after the sale. If any applicable conditions herein are not compiled with by the purchaser in addition to other remedies available to us and the Consignor by law, including without limitation the right to a) hold the purchaser liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser or b) resell the property at public auction, and the purchaser shall be liable for any deficiency, costs, including handling charges, the expenses of both sales, or commission on both sales at option, payment will not be deemed to have been made in full until we have collected funds represented by wire transfer and we have confirmed their authenticity. As between Joseph DuMouchelle International Auctioneers, LLC and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of Consignor and not Joseph DuMouchelle International Auctioneers, LLC.
9. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered he may reject the same and withdraw the article from the sale; and, if having acknowledged an opening bid, he decides that any advance thereafter is not of sufficient amount, he may reject the advance.
10. Unless exempted by law from the payment thereof, the purchaser will be
required to pay Michigan state retail sales taxes at a rate of 6%, or any taxes
that are applicable at this date. Unless exemption from such taxes is established to the satisfaction of Joseph DuMouchelle International Auctioneers, LLC any purchaser claiming an exemption will be required to pay the tax to Joseph DuMouchelle International Auctioneers, LLC and seek a refund.
11. Purchasers not intending to take possession or use the property purchased by them at the sale within the State of Michigan must make arrangements with Joseph DuMouchelle International Auctioneers, LLC for shipment outside the State of Michigan at the purchaser's risk and expense prior to the bidding. Otherwise, Michigan state taxes will be added to the bill. Deliveries outside the State of Michigan may be subject to the compensating use of tax of another state and, where a duty of collection is imposed upon them by law, Joseph DuMouchelle International Auctioneers, LLC will require payment of such taxes.
12. Joseph DuMouchelle International Auctioneers, LLC, makes no warranties whatsoever, whether expressed or implied, with respect to any material in the catalog, other than that which appears in the capitalized heading and subject to the conditions of sale listed.
13. Sole Remedy. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid (the successful bid price plus the buyer's premium) is exclusive and in lieu of any other remedy in which might otherwise be available as a matter of law, or in equity. Joseph DuMouchelle International Auctioneers, LLC, and the consignor shall not be liable for any incidental or consequential damages incurred or claimed.
14. The Conditions of Sale as well as the Terms of Guarantee as well as the
purchaser's rights shall be governed and enforced in accordance with the
laws of the State of Michigan. In bidding at this auction in person, by phone, by absentee bid, and or by agent the purchaser shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts located in, the State of Michigan.
REMOVAL OF PROPERTY
1. Unless different arrangements have been agreed upon, all purchases must be removed by the buyer by 5p.m.. on the third business day following the sale. Removal of property during the sale may take place only after authorized payment has been received. Purchases not so removed will be subject to a handling charge to cover our costs. See paragraph "8" of the "Conditions of Sale."
2. Clients are advised that packing and handling of purchased lots by our employees are undertaken solely as a courtesy for the convenience of clients,and in the case of fragile articles will be undertaken at our sole discretion.
3. Joseph DuMouchelle International Auctioneers, LLC, and shippers, packers, and or common carriers, whether recommended by us or not, are not responsible for the acts or omissions of shipping, packing, and/or handling of items or lots purchased. Shipping, packing, and handling of purchased items or lots is at the sole risk of the buyer/purchaser for the full extent of the liability, cost and/or damage including the purchase price, buyer's premium, shipping, handling, insurance, and packaging.
BIDDING
1. Bidders attending the auction are required to sign a bid confirmation card upon Registration and will not be permitted to take delivery of purchases until their payment has cleared unless they have previously established credit or made payment arrangements. A premium equal to 20% of the successful bid price will be added to all lots, and is payable by the buyers, as part of the total purchase price.
2. As a convenience to clients who cannot attend a sale in person, Joseph DuMouchelle International Auctioneers, LLC will, if so instructed, execute written order bids on their behalf, without additional cost. If you are successful as a bidder, payment is required immediately upon request or upon receipt of an invoice. Payment may be made by wire transfer, check or PayPal if the total invoice is less than $2,500. Invoices totaling $2,500 or more must be made by wire transfer, which is the easiest and quickest method of payment. In state checks must be held 5 business days and out of state checks must be held 10 business days to clear. Joseph DuMouchelle International Auctioneers, LLC will not be responsible for errors or failure to execute bids.
3. Lots are bought for order bidders at the lowest possible price (which may be below the order bid price) subject to other bids and reserves. For further information call Joseph DuMouchelle International Auctioneers
