The following Conditions of Sale are Charmey's and the Consignor's agreement with the Buyer relative to the property listed in the auction catalog. The Conditions of Sale, the glossary, and all other contents of the catalog are subject to amendment by Charmey's by the posting of notices or by oral announcements made during the sale. All property is offered by Charmey's as agent for the Consignor unless the catalog indicates otherwise.
By participating in any sale the Consignor, Bidder and Buyer agree to be bound by these terms and conditions.
Lots are bought for order bidders at the lowest possible price (which may be below the order bid price) subject to other bids and reserves. For further information contact Charmey's.
1. Before the Sale. Prospective bidders or their agents should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All statements made in the catalog or in the condition report or made orally or in writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Charmey's and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold 'as is, as found, where-is' and neither Charmey's nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, attribution, provenance or condition of the property. Charmey's and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property.
2. Bidding Registration. Bidders attending the auction are required to sign a registration form either in person, fax or online and provide proof of identification. Charmey's may require the production of bank or other financial references. Registered bidders agree to be fully liable for all bids, including the liability to timely pay in full for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale.
3. Buyer's Premium. A premium of 22% of the successful bid price will be added to all lots and is payable by the buyer as part of the total purchase price on lots in sale. A premium of 25% will be added to the bid price on all lots sold via an online bidding service such as 'Liveauctioneers.com'.
4. Withdrawal. Charmey's reserves the right to withdraw any property before sale and shall have no liability for such withdrawal.
5. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog.
6. Video or digital images. At some auctions a video or digital screen may be used. Charmey's is not liable for any errors in the operation or quality of the image presented.
7. Reserves. Unless the sale is advertised and announced as a sale without reserves, each lot may be offered subject to reserve. Charmey's may implement such reserves by bidding through its representatives on behalf of the Consignor.
8. Bidding. Charmey's reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. 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 resell the article in dispute. If any dispute arises after the sale, the sale record of Charmey's shall be conclusive in all respects.
9. Absentee bids. As a convenience to bidders who cannot attend a sale in person, Charmey's will, if so instructed, execute written bids on their behalf, without additional cost. Absentee bidders should complete the Absentee Bid Form provided in the catalog or online and submit the written bid in advance of the auction. If Charmey's receives written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. Charmey's is not responsible for errors or failure to execute the written bid or for errors or omissions in connection with the written bid. Lots are bought for absentee bidders at the lowest possible price (which may be below the written bid price) subject to other bids or reserves.
10. Phone bids / Online bids. Phone bids are accepted on property with minimum low bid of $1000. If a bidder makes arrangements with Charmey's prior to commencement of the sale, Charmey's will use reasonable efforts to contact them to enable them to participate in the bidding by telephone. Charmey's is not responsible for failure to contact bidder or for error and omissions in connection with telephone bidding. Charmey's will use reasonable efforts to carry out online bids, however Charmey's is not responsible for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.
11. Auctioneer's Discretion. 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 the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance.
12. Successful Bid. On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as Charmey's may require for all lots purchased.
13. Payment. The buyers are expected to make payment for purchases immediately after the auction for the entire amount due (including hammer price, buyer's premium and applicable taxes and other charges including handling charges and storage costs). Payment in U.S. Dollars can be made by check, cash, wire transfer, only. Charmey's doesn't accept credit cards directly or Paypal. A pre-auction security deposit can be made and the balance is applied towards the winning bid. If the depositor is not the winning bidder, the deposit will be refunded. The buyer grants Charmey's a security interest in the property and Charmey's may retain as collateral security for the buyer's obligations to Charmey's, any property or monies held or received by Charmey's for the account of the buyer. Payment will not be deemed to have been made in full until Charmey's has collected funds represented by checks, or, in the case of bank or cashier's checks, until Charmey's has confirmed their authenticity. Buyer agrees that a 1-1/2% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred.
14. Tax. Unless exempted by law from the payment thereof, the buyer will be required to pay Delaware state retail sales taxes at a rate of 0%, or any taxes that are applicable at this date, including any federal luxury or other tax. Unless exemption from such taxes is established to the satisfaction of Charmey's, any buyer claiming an exemption will be required to pay the tax to Charmey's and seek a refund from the state. Deliveries outside the State of Delaware may be subject to the compensating use tax of another state and, where a duty of collection is imposed upon them by law, Charmey's will require payment of such taxes.
15. Removal of Property. Charmey's doesn't ship property, but makes referrals to certain shippers in the area. The buyer at buyer's expense must remove all property from Charmey's not later that 10 business days following the sale. Removal of purchases during the auction is encouraged. Purchases not so removed will be subject to the following charges to cover handling and storage costs: After 10 business days following the sale, a handling charge of 1% of the purchase price will be payable by the buyer per month until the items are removed, with a minimum of 5% for any property not so removed within 60 days after the sale. Buyer agrees that any property which is paid for but left at Charmey's premises for any reason in excess of sixty (60) calendar days after the sale may be sold by Charmey's at public auction with the balance of any funds recovered in excess of the storage charges and auction charges, being remitted to the buyer.
16. Non-Payment. If the buyer does not make full payment for the purchases within the time required, Charmey's is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Charmey's and the Consignor by law: Charmey's is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that Charmey's appropriate; (d) to resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) to offset the full purchase price against any amount owed by Charmey's to the buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) to take other actions as Charmey's find necessary and appropriate. The buyer grants Charmey's a security interest in any property in Charmey's possession which is owned by such buyer and Charmey's is authorized to hold such property as collateral security for such buyer's obligations. Buyer shall be liable to Charmey's for all other charges incurred as a result of buyer's non-payment, including attorney fees, expenses and incidental damages. As between Charmey's and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Charmey's.
17. Packing and Shipping. Shipping arrangements are the buyer's responsibility and expense. If needed, a list of shippers is available from Charmey's. Buyer agrees that packing and handling of purchased lots by Charmey's employees are undertaken solely as a courtesy for the convenience of the buyers, and Charmey's is not responsible for damage or breakage which may occur during packing and handling and shipping by Charmey's or of other carriers or packers of purchased lots, whether or not recommended by Charmey's. Packing and handling of purchased lots is at the entire risk of the buyer. In the case of fragile items, Charmey's in their sole discretion may decline to package the items.
18. Limitation of Liability. If, for any reason a purchased lot cannot delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mistakenly delivered or lost prior to delivery, Charmey's shall not be liable for any amount in excess of that paid by the buyer.
19. Governing Law and Jurisdiction. The Conditions of Sale, as well as the buyer's, Consignor's and Charmey's respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of Delaware. All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, internet or other means, consent to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, and if applicable, of the federal court located in Wilmington County, New Castle County, Delaware.
20. Severability. If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.
21. The display stands and props that are shown on auction lots are not included as part of lots, unless otherwise specified explicitly on descriptions.
