Lot 136: Frank Cole (American, b. 1949), Heart Just Bust; 2

TERMS & CONDITIONS OF SALE


REGISTRATION

Bidders are bound by Motley's Auctions, Inc. Terms & Conditions of Sale.

WARRANTY

Each item is sold AS IS, WHERE IS AND WITH ALL FAULTS, in its condition at the time of sale, without any warranties or guarantees, either expressed or implied. Motley's shall not be held responsible for incorrect descriptions. The data contained herein regarding the property is for descriptive information only and is to be used as a guide, solely for the purpose of identifying the goods to be auctioned. All announcements made from the auction podium will take precedence over any previously printed material or any other oral statements made.
While Motley’s attempts to ensure complete internet fluidity in the matter of our online auctions, in the case that there are any technological problems with Artfact Live, or any other internet malfunctions, Motley’s is not responsible for information or bids lost due to such errors.


PREVIEWS

Internet purchasers are urged to have items inspected by an independent consultant. All merchandise is publicly displayed prior to auction. We recommend that each item be examined thoroughly. Each item is sold AS IS and WITH ALL FAULTS. Neither Motley's, nor the consignor, make any warranty or representation with respect to the correctness of the catalog. Prospective bidders are urged to inspect property before bidding to determine condition and whether or not items have been repaired, restored, or damaged. Most of the items described in the catalog have come from estates and have, therefore, been subjected to extensive use. ALL SALES FINAL. No items may be returned for credit; however, items may be resold for the new purchaser at the next available auction.


CATALOGS

Catalogs are published prior to each Estate Antique Auction. Motley's catalog/internet listing provides descriptions for each consecutive lot to be sold in the sale. The catalog/internet listing is to be used as a guide of what is being sold. It is our intention to catalog each lot accurately and fairly; however, Motley's cannot guarantee accuracy or authenticity. The catalog is intended to be used as a guide for your convenience.


BIDDING

Property will be knocked out to the highest bid. Please bid as early as possible. In the event of duplicate bids, the earliest bid will take precedence. Should a dispute arise between two or more bidders (internet or floor), the final decision on the matter is at the auctioneer’s discretion. The auctioneer’s decision is binding and final. Should the Auctioneer and a bid assistant (bid spotter) simultaneously recognize two conflicting bidders, even though the Auctioneer announces the item as sold, it will be necessary to re-open the bidding to settle the dispute between these two bidders only. The auctioneer has the right to refuse any bid not commensurate with the value of the item being sold. The Auctioneer may reject any raise in the bidding which is less than the amount being called for. If any dispute arises after the sale, Motley's sale records shall be conclusive in all respects. Consignors may not bid on their own property. Pooling or collusive bidding will not be tolerated.

IMPORTANT

Please be of state laws concerning purchasing and shipping of alcohol.

We accept credit cards for payment for any winning online bidders at all sales. We require credit card information to bid, and may use it for payment if you are the winning bidder.

Payment is required in full within 48-hours of conclusion of the auction, if paying via Visa/MasterCard. We accept credit cards for payment for any winning online bidders at all sales. Payment via cashiers checks/money order should be received no later than 5 business days after auction conclusion. We settle our sale with our consignors with 15 days so prompt payment is a must - NO EXCEPTIONS. Personal or company checks will be accepted only if long-term credit has been previously established. Motley's reserves the right to hold items paid for by personal check until we receive proceeds from buyer's bank. Motley's also reserves the right to charge the credit card on file on any open invoices after 48 hours has passed. All sales are final!

Shipping:

Motley's will not provide packing or shipping of items (except guns) for the purchaser.

PACKING/SHIPPING (Internet Bidders, Telephone Bidders, Absentee Bidders)

IMPORTANT SHIPPING INFO: Motley's Auctions appreciates your interest and participation in our auction. MOTLEY'S DOES NOT SHIP (except guns). All purchases must be removed from the auction house within 5 days after the auction unless prior arrangments are made or a storage charge of $5 per lot per day will apply. We suggest getting a quote from the following Richmond shipper:

M*I*S*C can be contacted at (804) 271-1572.

PLEASE CONTACT THEM FOR ALL YOUR SHIPPING NEEDS OR QUESTIONS AS MOTLEYS DOES NOT SHIP ITEMS OURSELVES.

Firearms Shipment Policy:

ALL firearms that require shipment must be sent to a FFL dealer in the buyer's state where a background check will be done on the buyer before release of the weapon. Motley's will pack your weapon for $50 plus shipping cost & insurance via UPS.

REMOVAL:

Purchases are to be removed within five business days, (Thursday and Friday -between 8:00 AM and 5:00 PM, Monday - Wednesday 1:00 PM and 5:00 PM ). Large items and objects on stage cannot be removed from the showroom until the conclusion of the auction. If a customer wishes to remove their purchases during the auction, immediate assistance will not be available. We strongly recommend that you supply your own labor. Announcements from the podium made on the day of the Auction regarding pickup will take precedence over all printed material or any other oral statements made. Any variance from our announced removal schedule must be arranged. Purchaser takes full responsibility for the removal of lots and holds harmless the consignor and auctioneer for any damage or injury in the moving or dismantling process. Items remaining after five working days will be subject to our standard storage fee of $5.00 per lot/per day. Items left over 30 days will be deemed abandoned. Abandoned purchases will be sold without notification to offset storage fees and handling.

A 20% buyer's premium will be applied to the successful sale price for all Internet bidders. This premium will be added to each and all lots sold in the auction.

Unless exempted by law from the payment thereof, the purchaser is required to pay local sales tax upon the purchase price in addition to the buyer's premium. Note that Virginia requires that sales tax be collected on all purchases unless a valid tax exemption form has been provided prior to the purchase. All sales without a valid tax form will be subjected to taxation. No refunds will be made without proper authority.

Conditions are noted in the catalog. Any item listed without a condition notation does not imply that the item is free of any existing condition problems. It is the purchaser’s responsibility to examine all property prior to purchase.

ESTIMATES

When provided, the pre-sale estimates in the catalog are purely an indication as to where similar items have sold in the past. It is not a guarantee and is not to be represented as being accurate by the seller.