Sale Conditions
This is TIMED AUCTION. Bidding begins immediately. Auction lots begins to close @ the advertised end day and time, starting with the first lot and moving consecutively through the remaining lots. If there are multiple bidders as a lot is ending, time may be added to the lot before closing.
The pickup address will be released on your invoice. Invoices are sent after the entire auction has ended. Be sure to bring boxes and packing material to pickup.
Items not picked up by the pickup deadline, NOT requiring shipping will be forfeited and you will still be charged. Items will not be held after the pickup date.
By registering and bidding in an auction conducted by Aether Auctions. ("Aether"), bidders agree to be bound by these terms. These are the complete and only terms and conditions on which all property is offered for sale. Aether retains the right to bar any bidder from participating in any auction and to exclude or reject any bid.
1) REGISTRATION. All bidders must register their name, permanent street address (no P.O. Boxes), and telephone number prior to the auction. A valid debit or credit card must also be on file to bid.
2) ACCEPTANCE OF TERMS. Bidding on any item indicates the bidder's agreement to be bound by these Terms and Conditions for Bidders. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of Indiana. All bidders submit to the personal jurisdiction of the state and federal courts in Indiana.
3) TERMS OF SALE. Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer." If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold.
4) BUYER'S PREMIUM. The Auctioneer will collect and retain from the Buyer, as additional commission, a premium of the Sale Price of each lot.
5) ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Aether retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the seller of the lot and Aether. In the case of reserved lots, the seller has authorized Aether to bid on seller's behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate.
6) WARRANTIES AND DISCLAIMERS. Aether makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after bidder's receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. Aether shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty.
Except as provided in the immediately proceeding paragraph, EVERY LOT IS SOLD "AS IS," without any representations or warranties by Aether or the seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalogue or other description of the property, and no statement, whether written or oral, shall be deemed such a representation, warranty or assumption of liability. Aether makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights. Aether does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in the catalogue descriptions may be approximate.
7) DEFINITIONS OF AUTHORSHIP.
"By" or "Maker/Artist" - in our opinion, the work is by the artist or maker stated
"Attributed to" - in our opinion, the work is probably, but not definitely, by the artist or maker stated
"Signed" or "Marked" - in our opinion, the signature or mark is that of the stated artist or maker
"Bearing the signature (or mark) of" - in our opinion, the signature or mark is probably, but not definitely, that of the artist or maker stated
"Circle of" - in our opinion, the work is of the period and by an artist or maker closely associated with the stated artist or maker
"School of" - in our opinion, the work is by a pupil or follower of the stated artist or maker
"Manner of" - in our opinion, the work is of the period and done in the style of the stated artist or maker
"After" - in our opinion, the work is a copy of a work by the stated artist or maker
8) INSPECTION. Contact Aether if you would like to inspect an item prior to bidding. Some auctions offer inspections, while others do not.
AFTER THE AUCTION
9) BUYER'S RESPONSIBILITY. Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for the lot, including liability for loss or damage and is liable for payment of the Purchase Price (as defined below) to Aether. It is the buyer's responsibility to ask specific questions on condition related concerns prior to the auction.
10) PURCHASE PRICE AND PAYMENT. The discounted "Purchase Price" for each lot shall equal the hammer price, buyer's premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. U.S. bidders may pay with debit or credit only.
11) SALES TAX. Buyers are required to pay any applicable state and local sales tax.
12) SHIPPING. Aether offers in-house shipping. At the request of the buyer, Aether will authorize the shipment of purchased items, which usually ship within two weeks after payment has been received. Shipment is generally made via USPS. Unless buyer gives special instructions, the shipping method shall be at the sole discretion of Aether. Aether is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.
Property made of or containing certain plant or animal materials, such as coral, crocodile, ivory, whalebone, baleen, tortoiseshell, etc., may require a license or certificate before exportation from the United States and importation to another country. If you are purchasing items that contain these materials, you need to check the government wildlife import requirements in the countries from which and to which the item is being shipped prior to bidding. Since the export and import licenses are independently issued by the countries of origin and destination, obtaining one does not guarantee that you can obtain the other. Purchasers are responsible for making timely payments on items won at auction, even if a license is delayed or denied.
13) SHIPPING CHARGES. Shipping is done in-house. Buyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial.
14) REMOVAL AND STORAGE OF PROPERTY. If purchased property has not been removed by the end of the advertised pickup date, or Aether has not received shipping instructions by the end of the advertised pickup date, a $25 per item per day storage fee may be charged to the buyer.
15) CANCELLATION OF SALE. If purchased property remains in the custody of Aether for a period of 5 days following the auction, Aether may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of Aether costs, including but not limited to storage and costs of both sales. This right of cancellation is in addition to any and all other remedies available to Aether.
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