TERMS OF SALE

HARRY DAVIS & COMPANY AUCTIONEERS

NOTICE: All bidders and other persons attending this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby

1. IDENTIFICATION — All purchasers are required to give full name and address.

2. DEPOSIT— At the discretion of the Auctioneer, a purchaser may be required to make a deposit in cash or by certified check of 25 per cent of the bid on each lot purchased. In default of such deposit, the lot may be put up again immediately and resold.

3. TIME OF PAYMENT— All bills must be paid in full at the conclusion of the auction sale, or by approved prior written arrangement with the Auctioneer.

4. REMOVAL— A defined schedule of removal will be posted and adhered to for each auction sale.

No lot can, on any account, be removed during the sale. Removal shall be at the expense, risk and liability of the purchaser. Purchases will be delivered only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any article purchased, but not paid for and removed within the time aforesaid.

5. MANNER OF PAYMENT— All checks for deposits and balances due shall be payable to the order of HARRY DAVIS & COMPANY. All bills must be paid to representatives of the auctioneer at the plant unless otherwise announced. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods.

6. CONDITION OF ARTICLES SOLD — The auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction allowed on damaged articles, all goods being exposed for public exhibition, and sold "as is" and without recourse.

7. PURCHASER'S RISK — All purchases made at this sale are at the purchaser's risk as soon as they are announced sold by the Auctioneer; the Auctioneer and principal not being responsible if all or any part of such purchases are lost, stolen, damaged or destroyed from any cause whatsoever.

8. CLAIMS — No claims will be allowed after removal of goods from premises.

9. AUCTIONEER AND PRINCIPAL'S LIABILITY - Auctioneer and its principal shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto. The auctioneer shall not be held liable in any greater amount than that paid by the purchaser and, in all instances, the highest bid shall be accepted by both the buyer and seller as the value against which all claims for loss or damage shall lie.

10. COMPLIANCE WITH TERMS OF SALE — In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.

11. RISK TO PERSON AND PROPERTY—Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefor. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.

12. ADDITION TO OR WITHDRAWAL FROM SALE—The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.

13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE—Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase.

14. NOMINAL BIDS — If any dispute arises between two or more bidders, the auctioneer may decide the same or put the lot up for sale again at once, and resell to the highest bidder. The auctioneer's decision shall be final and absolute. Any bid which is merely a fractional or nominal advance may be rejected by the auctioneer.

15. RESERVE—The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller.

16. RECORDS—The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.

17. COURT CONFIRMATION—All sales made by Order of Court may be subject to confirmation of the Court, as announced.

18. AGENCY—The auctioneer is acting as agent only and is not responsible for the acts of its principals.

19. ADDITIONAL TERMS AND CONDITIONS—The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.

 

(800) 775-2289 (USA & Canada) - (412) 765-1170 - Fax (412) 765-0910

E-Mail: sales@harrydavis.com

Revised 04/14/2008 - Copyright © 2008 Harry Davis & Company

Although information has been obtained from reliable sources, Harry Davis & Co. makes no warranty or guarantee,
express or implied as to the accuracy of information on this Web site.