Terms & Conditions
KIMBALL'S MAKES ALL EFFORTS TO ACCURATELY DESCRIBE THE LOTS BEING SOLD. HOWEVER, KIMBALL'S AUCTION MAKES NO CLAIMS OF CONDITION REGARDING LOTS. IT IS THE RESPONSIBILITY OF THE BUYER TO ASCERTAIN THE CONDITION OF SAID LOTS. PLEASE CALL WITH QUESTIONS OR FOR ADDITIONAL PHOTOS.
SOME LOTS CONTAIN NUMEROUS ARTICLES AND SOME COUNTS OR MEASURES ARE ESTIMATED. THIS AUCTION RUNS CONCURRENTLY IN OUR GALLERY WITH LIVE BIDDERS ON THE FLOOR. THE ABILITY TO BID REMOTELY IS A PRIVILEGE GRANTED BY KIMBALL'S BUT THE BURDEN OF DIVINING THE NATURE OF EACH LOT REMAINS WITH THE BUYER EXACTLY AS IF YOU WERE IN THE GALLERY PERSONALLY. THEREFORE ALL SALES ARE FINAL. NO RETURNS. NO EXCEPTIONS*(excluding items covered under our limited warranty as described below.) WINNING BIDDERS MUST PAY FOR PURCHASES WITHIN 7 DAYS. FAILURE TO PAY WITHIN 7 DAYS WILL VOID ALL COVERAGE FOR THE BUYER UNDER THE LIMITED WARRANTY.
A SUCCESSFUL BID IN THIS AUCTION IS A LEGALLY BINDING CONTRACT TO PURCHASE THE ITEM. THE TERMS OF THIS CONTRACT SUPERCEDE ALL OTHER AGREEMENTS. SPECIFICALLY, ANY AND ALL WARRANTIES EXPLICIT OR IMPLIED AS GRANTED BY THE USE OF A CREDIT CARD.
The word "Kimball's", wherever used in these conditions of sale, means Douglas M. Kimball d/b/a Kimball's Auction and Estate Services.
2. Kimball's and the consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property sold (that is, the identity of the creator or the period, culture, source of origin, as the case may be).
All property is sold "as is" and neither Kimball's nor the consignor makes any warranties or representations 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, attribution, provenance 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 or representation or an assumption of liability.
3. Notwithstanding the preceding condition, if within twenty-one (21) days of the sale of any lot, the purchaser gives notice in writing to Kimball's that the lot so sold is a counterfeit and, if within fourteen (14) days after such notice the purchaser returns the lot to Kimball's in the same condition as when sold, and proves beyond reasonable doubt that the returned lot is in fact a counterfeit, Kimball's as agent for the consignor will rescind the sale and refund the purchase price received by them.
4. Kimball's reserves the right to withdraw any property at any time before actual sale.
5. If one is unable to attend the sale in person, Kimball's will execute bids without charge and without responsibility for errors and subject to the Conditions of Sale. Telephone bids are accepted at the sender's risk and must be confirmed by letter or in person prior to the sale.
6. Kimball's reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and re-sell the article in dispute. If any dispute arises after the sale, Kimball's sale record shall be conclusive in all respects.
7. 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 sale; and, if having acknowledged an opening bid, he decides that any advance thereafter is not of sufficient amount, he may reject the advance.
8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest bidder who, thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore or such part as Kimball's may require. All property shall be removed from Kimball's by the purchaser at his/her expense not later than three days following its sale and, if not so removed, may be sent by Kimball's to a public warehouse for the account, risk and expense of the purchaser. If the foregoing Conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Kimball's and the consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Kimball's, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) re-sell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and Kimball's commission at its regular rates and all other charges due hereunder and incidental damages.
9. Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to reserve and Kimball's may bid through its representatives as agent for the consignor.
10. A premium of 23% will be applied to all merchandise sold, to be paid by the buyer as part of the purchase price.
11. Unless exempted by law from the payment thereof, the purchaser will be required to pay the Massachusetts State Sales Tax. The rate of such tax is 6.25%.
Taxes
Conditions of Sale
REGISTRATION FOR BIDDING. All prospective bidders must have an active Invaluable account in good standing.
*If you would like to establish an account with our firm, please complete Account Setup Form and provide government issued photo ID. *At the discretion of Charleston Estate Auctions, LLC, prospective bidders may be required to provide a deposit against bids.
1. ALL SALES ARE FINAL and all lots are sold as shown and "AS IS", "WHERE IS", with all faults, imperfections, and errors of description. Charleston Estate Auctions, LLC, their employees and/or agents are not responsible for errors of description, genuineness or authenticity, and fault or defect in any lot. No warranties or representations whatsoever are given by Charleston Estate Auctions, LLC, its employees and/or agents, to any buyer in respect to any lot. No warranties or representations whatsoever are given by Charleston Estate Auctions, LLC, its employees and/or agents, to any buyer in respect to any lot.
2. ALL PAYMENTS ARE DUE IMMEDIATELY FOLLOWING AUCTION. Payment can be made with Paypal, Visa, MasterCard, Discover, money order, cashier's check, bank wire transfer, or pre-approved US bank check. Merchandise paid for with US bank drawn pre-approved check or foreign cashier's check will be held for 10 days banking days.
3. We do not give refunds. Charleston Estate Auctions, LLC represents and sells consigned property on behalf of sellers, estates, public and private institutions and other entities. Charleston Estate Auctions, LLC recommends prospective bidders ask questions or inspect all items in which they have an interest. Registering for a sale and placing bids on any lot signifies that you or your agent have examined the property as fully as you desire. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of any lot being sold. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the lot in question. All sales are final, and no refunds will be given. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Charleston Estate Auctions, LLC or by any seller represented by Charleston Estate Auctions, LLC.
4. The highest bidder acknowledged by the auctioneer will be the buyer of that lot. In the event of any dispute, the auctioneer shall have sole discretion to either determine the successful bidder or to re-offer for bidding, the lot in dispute. Charleston Estate Auctions, LLC has sole discretion to refuse any bid, to divide any lot, to combine any two or more lots, and to withdraw any lot or lots from the sale.
5. Some lots may be offered subject to a reserve, which is a minimum price below which such lot will not be sold. Charleston Estate Auctions, LLC may implement such reserves by bidding on behalf of the seller.
6. Charleston Estate Auctions, LLC, reserves the right to allow its employees to bid competitively at all auctions.
7. A buyer's premium of 18% of the successful bid price will be added to each lot thereto and is payable by the purchaser as part of the total purchase price of each lot.
8. All purchases, including buyer's premium, are subject to the collection of South Carolina state and local sales taxes. Buyers will be required to pay 8.5% sales tax at the time of payment unless one of the two following conditions is met: 1) Items purchased will be shipped out of the State of South Carolina by USPS, FedEX, UPS or other approved seller, or 2) The registered buyer provides Charleston Estate Auctions, LLC with a valid South Carolina Retail License Number or valid sales tax exception number from another state and properly fills out form ST-8A Resale Certificate submitted with a copy of said retail license.
9. CONDITION REPORTS: Charleston Estate Auctions, LLC, and its employees will provide, upon request, condition reports and additional photographs for items contained within the current auction catalog. This service is provided as a courtesy only and requesting a condition report in no way changes article #1 of Conditions of Sale. Since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have an agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by Charleston Estate Auctions, LLC, or its employees is merely a subjective qualified opinion, notwithstanding written reports or any discussion concerning condition in this catalog. Condition reports are provided by request on a "first come, first served" basis, making it imperative that requests are submitted early. Requests submitted close to auction date may not be completed.
10. TELEPHONE & ABSENTEE BIDDING: As a service, Charleston Estate Auctions, LLC provides several absentee bidding formats to those who cannot or choose not to attend the auction in person. Written absentee bids are accepted and must be submitted on a Charleston Estate Auctions, LLC Absentee Bid Form, copies of which can be found in the printed catalog or on our website. Bidding by telephone can also be arranged by completing the Charleston Estate Auctions, LLC Bid Form which can also be found in the printed catalog or on our website. Due to processing time constraints, these bid forms must be submitted before 24-hours prior to the auction. Additional terms are outlined on these Absentee Bid Forms. By submitting Bid Form, prospective purchasers consent and agree to the Conditions of Sale. Absentee bidding is a convenience offered to Charleston Estate Auctions, LLC customers and while we make every effort to execute your instructions regarding your Absentee or Telephone Bid, Charleston Estate Auctions, LLC is not liable or responsible for any errors or failure to execute such instructions.
11. LIVE INTERNET BIDDING: Live internet bidding is also possible through our website www.CharltonHallAuctions.com or www.Invaluable.com. online bidders will pay a 23% Buyer's Premium in addition to the hammer price. Charleston Estate Auctions, LLC undertakes the execution of online bidding as a convenience for clients and is not responsible for any failure or error in the execution of bids. In the event of a tie bid, the floor bidder will be the winning bidder of record.
12. SHIPPING: Charleston Estate Auctions, LLC only ships certain items. We will provide shipping estimates for shippable items. For very large or valuable items; we will be pleased to provide a list of shippers and packers that our worldwide base of clients has successfully used, or you can have your own shipper handle your purchases. Please contact the shipper of your choice to arrange for pick up and packing of your items. Your items will be released as soon as payment clears our bank. We request that your shipper schedules pick up times at least 24 hours in advance; this will ensure no delays in pick up, and release of your purchases.
13. EXPORT LICENSES AND PERMITS: Certain property sold at auction may be made of or contain elements of endangered and other protected species of wildlife. Such material includes, among other things, tortoiseshell, ivory, crocodile skin, whale bone, certain species of coral and other animal bone. These materials may be subject to laws governing export from the United States or import into a foreign country (i.e.: endangered species). Several countries prohibit the importation of property containing these materials altogether and other countries require a permit (e.g., a CITES permit) from their respective regulatory agency. For example, the United States generally prohibits the importation of articles less than 100 years of age that contain material from any species listed as endangered or threatened. It is the buyer's responsibility to obtain any and all export or import licenses, permits or documentation required by any local authority for export from the United States or import into any other country for any object requiring same. The denial or delay in obtaining any license or permit from any agency shall not justify the cancellation or rescission of any sale or any delay in making payment for the total purchase price of any lot in accordance with these Conditions of Sale.
14. FIREARMS: All post-1898 firearms must be registered in compliance with Federal and South Carolina State Laws. Buyers of post-1898 firearms must complete State and Federal registration forms at Charleston Estate Auctions, LLC, unless otherwise specified; processing of such forms may require a waiting period. Dealers and out-of-state buyers must have in their possession, on the day of sale, signed copies of their FFL (Federal Firearms License) in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter as well as an original signed copy of the dealer's FFL, and must present it to Charleston Estate Auctions, LLC, no less than 24 hours prior to auction date. Such lots may be denoted with special symbols and or verbiage in printed and digital catalogues. Charleston Estate Auctions, LLC makes no warranties or representations whatsoever and no employee or consultant of Charleston Estate Auctions, LLC has the authority to do otherwise, concerning the operation or firing condition, fitness of use, safety to store, or reliability of any firearms, ammunition, or parts. Use of any firearms purchased at Charleston Estate Auctions, LLC is entirely at the user's risk. Charleston Estate Auctions, LLC offers for sale the lots as COLLECTOR items only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Charleston Estate Auctions, LLC expressly disclaims any liability whatsoever for accidents, injury and damage resulting to any person from the storage or subsequent use of any such lots.
15. While Charleston Estate Auctions, LLC, their employees and representatives, make every effort to accurately describe all lots offered for sale, it is incumbent upon the bidder to satisfy themselves in all areas of authenticity, originality, condition and imperfections. Bidders should also acknowledge that condition reports are often subjective and any item offered at auction may be subject to normal wear consistent with age that may not be specified in a condition report. If a bidder is uncertain about any of these issues, we would recommend that they not bid on lots in question. We would further urge that all potential bidders become familiar with "Commonly Used Terms and Abbreviations" printed in each catalog or available upon request.
16. These Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the State of South Carolina. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Charleston Estate Auctions, LLC, (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the Charleston, South Carolina legal system.
17. In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.
18. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor(s) by law, including without limitation the right to hold the purchaser liable for the total purchase price, with the purchaser to be responsible for all costs of collection (including attorneys' fees and disbursements), we, at our option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency, costs including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession, owned by such purchaser. We shall have all of the rights accorded a secured party under the South Carolina Uniform Commercial Code with respect to such property, and we may apply against such obligations all monies held or received by us for the account of, or due from us to, such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity.
19. All property must be removed from our premises by the purchaser at their expense no later than 10 business days following its sale and, if it is not removed, Charleston Estate Auctions, LLC, reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Charleston Estate Auctions, LLC, shall have no liability for any damage to property left on its premises for more than 10 days following the sale.
20. If property is uncollected within 60-days of auction purchase date, buyer authorizes Charleston Estate Auctions, LLC to re-sell ALL purchases. Storage fees, handling charges, and seller's commission rate of 20% will be deducted from the proceeds.
21. Your bid is a legally binding contract. If you are the successful bidder, you have entered into a contract to purchase the property bid on from the seller. You should contact Charleston Estate Auctions, LLC to resolve any questions prior to placing any bids.
