1. All property is sold in “AS-IS” condition and without recourse and neither Bourgeault-Horan Antiquarians nor the consignors make any representations or warranties, express or implied, as to the catalogue description, attribution, authenticity, provenance, origin, size, age or condition of any of the property offered. It is the responsibility of the purchaser, prior to the auction, to examine the property and determine on their own all of the above. If requested in a timely manner and when possible, Bourgeault-Horan Antiquarians will give “opinions” on condition and authenticity but this does not relieve the buyer from the responsibility to personally inspect the property prior to the auctions. Due to the recent high volume of condition requests, we reserve the right to limit requests and at times decide not to give condition reports on certain lots that in their opinion must be examined in person. All weights and measurements are approximate. Notwithstanding the above, any claims for refunds must be received by Bourgeault-Horan Antiquarians in writing within 28 days of the auction regardless of whether or not you have taken possession of the property. Prompt payment and shipping arrangements are expected. Under no circumstances will we be held liable for an amount greater than the purchase price of a lot.
2. The highest bidder acknowledged by the auctioneer shall be the purchaser. We reserve the right to reject any bid. The auctioneer has the sole right to re-offer a lot and/or settle disputed bids. The record of sale kept by Bourgeault-Horan Antiquarians will be taken as final in the event of a dispute. At the fall of the auctioneer’s hammer, title will pass to the successful bidder and the bidder thereupon assumes full risk and responsibility for the property, including the obligation to pay the full purchase price including the hammer price, buyer’s premium and if applicable, internet fees as set forth in item 4 below. All bidders may be required to sign a bidder registration form. Bourgeault-Horan Antiquarians shall have the right to reject any bid from anyone including, but not limited to, those who have not established credit prior to the auction in a timely manner.
3. At the fall of the auctioneer’s hammer, title will pass to the successful bidder and the bidder thereupon assumes full risk and responsibility for the property, including the obligation to pay the full purchase price including the hammer price, buyer’s premium and if applicable, internet fees as set forth in item 4 below. All bidders may be required to sign a bidder registration form. Bourgeault-Horan Antiquarians shall have the right to reject any bid from anyone including, but not limited to, those who have not established credit prior to the auction in a timely manner.
4. A buyer’s premium will be added to the hammer price of each lot; the buyer’s premium is 23% of the final bid up to and including $200,000, then 15% for the remaining balance above $200,000. Buyer’s premium will be discounted to 20% and 12% respectively for cash, check or wire purchases. In addition, all purchases made through Invaluable will be subject to an additional 5% charge.
5. PAYMENT. UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE, PAYMENT WITH GOOD FUNDS IS DUE AT THE END OF EACH SESSION FOR BIDDERS IN THE AUDIENCE. ALL TELEPHONE, ABSENTEE AND INVALUABLE BIDDERS MUST PAY FOR ALL PURCHASES IN FULL WITH CLEARED FUNDS WITHIN FIVE DAYS OF THE LAST SESSION OF THE AUCTION. Purchasers of expensive items may wish to pay by wire transfer. (Please request wiring instruction from our office.) Bourgeault-Horan Antiquarians reserves the right to hold property until funds have cleared. IF PAYMENT IS NOT RECEIVED WITHIN THIRTY DAYS OF THE LAST SESSION OF THE AUCTION, Bourgeault-Horan Antiquarians will charge a 1.5% monthly interest charge due on that date and the anniversary of the first day of the next 30-day cycles.
6. PROPERTY PICK UP. All property must be picked up within five days of the last session of the auction unless other arrangements have been made. Shipping is the responsibility of the purchaser. Our staff will provide names of shippers and movers that our clients have used in the past, but the use of these and any other third parties is solely at the risk of the buyer. We will assume no responsibility for damage to property not picked up within that time period. Property purchased at off-site auctions will not be available for pick up until 24 hours after the end of the last session of the auction. Storage charges of $10 per lot per day may incur for delinquent pickup.
7. If the purchaser fails to fulfill any of the above conditions of sale, in addition to all legal remedies available to the Bourgeault-Horan Antiquarians, Bourgeault-Horan Antiquarians may at its sole discretion: a) cancel the sale and retain any payments made as liquidated damages, b) resell the property privately or at public auction for the account of the buyer, in which case the buyer shall be liable to Bourgeault-Horan Antiquarians for all its costs and damages, including the commissions for both sales and any shortfall if the lot brings less than originally offered, c) remove the property to a public warehouse at the expense and at the risk of the buyer.
8. Some lots carry reserves or minimum selling prices. This is a figure agreed upon by the consignor and the auction house below which a lot will not be sold. The auction house will execute the reserve bids. The reserve will not exceed the low estimate, but estimates can be changed either in writing or verbally by the auctioneer at any time prior to the offering of each lot. The auctioneer may withdraw lots prior to the offering of each lot. The auctioneer reserves the right to reject an opening bid that, in his opinion, is not commensurate with the value of the lot.
9. PHONE BIDDERS. Unless you are willing to open a lot for at least $300 or 50% of the low estimate, whichever is higher, we suggest you leave an absentee bid. Bids above those amounts will be executed for you competitively. Please note that errors occur with phone bidding for various reasons including, but not limited to, cell phones that are out of calling range and busy signals. Under no circumstances will Bourgeault-Horan Antiquarians be responsible for problems incurred with telephone bidding.
10. As a registered bidder you agree that any legal action against Bourgeault-Horan Antiquarians or any of its officers or employees will be brought in the courts of the State of New Hampshire or a federal court sitting therein.
11. (*) RESTRICTED MATERIALS. Lots identified with this symbol (*) may contain materials from animals to be considered endangered species. Buyers of these lots should be aware they may not be able to be exported. It is the sole responsibility of buyers of these lots to determine if the lots can be exported.
12. Bidding on any item indicates your acceptance of these terms and all other terms announced before or at the time of the sale whether bidding in person, absentee, by telephone.
