ABSENTEE BID TERMS & CONDITIONS
OF SALE
1. If you are unable to attend the
auction and wish to place an absentee bid, we will make bids on your behalf
and attempt to obtain the item(s) for you at the lowest possible price and
never for more than the top price you indicate.
2. To place an absentee bid, please
complete the Absentee Bid Form. Be sure to accurately list the description
and top price you are willing to bid for each item. "Buy" or
unlimited bids will not be accepted.
3. Absentee bids will not be accepted
without prior receipt of a 25% deposit of your estimated bid amount. The
deposit must be in the form of a cashier's check or money order. Deposits
must be received at least 48 hours prior to the auction. Credit card
deposits and personal or company checks are not accepted. Successful bidders
are required to make payment in full within five (5) days following
notification.
4. The bid price that you indicate on
your bid form is for the bid price exclusively. You will be responsible for
paying a 10% clerking fee and 6% Alabama sales tax, unless you hold a
current resale tax certificate, in addition to your successful bid price. If
you wish to use your resale tax number, a copy of your certificate must
accompany your signed bid form.
5. Successful bidders will be notified
on Monday following the auction. Credit card payments will not be accepted
from absentee bidders. Invoices are due and payable upon notification.
6. We have tried to be as accurate as
possible in our descriptions and measurements. If you are not able to
personally view the item(s) prior to bidding, you are welcome to call for
exact measurements and/or additional information about the pieces on which
you intend to bid.
7. All property is sold "AS IS /
WHERE IS" and neither we nor the consignor make any guarantees,
warranties or representations, express or implied, with respect to the
property or the correctness of the catalog or other description of the
property or otherwise. All statements contained in the catalog or in any
bill of sale, invoice or elsewhere as to authorship, period, culture,
source, origin, measurement, quality, rarity, provenance, importance,
merchantability, exhibition and literature of historical relevance or
physical condition are qualified statements of opinion are not
representations or warranties. Prospective bidders should inspect the
property before bidding to determine its condition, size and whether or not
it has been repaired or mended.
8. B & B Antiques and Auctions is
not responsible for loss or damage to merchandise due to the acts or
omissions of carriers or packers of the purchased lots, whether or not they
are recommended by us or have been the choice of the buyer. In no event will
B & B be liable for the damage, regardless of the cause.
9. All merchandise must be removed
from B & B premises within seven (7) calendar days following the
auction. B & B is not responsible for loss or damage to merchandise left
beyond the seven days.
10. If any of these conditions are not
complied with by the purchaser, in addition to the remedies available to us
and the consignor by law, including and without limitation the right to hold
the purchaser liable for the total purchase price, including clerking fee
and storage fees, B & B will have the option to cancel the sale,
retaining all deposits as liquidated damages, resell the property at another
auction without reserve, and hold the purchaser responsible for any
deficiency from the original purchase price and storage fees and sales
commissions at our standard rate. A defaulting purchaser will be deemed to
have granted a security interest in any property in our possession owned by
such purchaser which we may retain as collateral security for such
purchaser's obligation to us. We shall have all the rights afforded a
secured party under the Uniform Commercial Code with respect to such
property and we may apply against such obligations all monies held or
received by us for this account due from the purchaser. Payment made and
received is meant as "collected funds" at our bank only. Items
will not be released for shipment unless we have collected funds at our
bank.
11. In no event will B & B's
liability to a purchaser ever exceed the purchase price actually paid
12. These conditions of sale, as well
as the purchaser's and our respective rights and obligations thereunder,
shall be governed by and construed and enforced in accordance with the laws
of the State of Alabama. By bidding at this auction, the purchaser shall be
deemed to have consented to the exclusive jurisdiction of the State Court
and of the federal courts in the State of Alabama.
13. Bidding on merchandise
automatically constitutes agreement with these terms.
- Signature____________________________ Date
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ABSENTEE BID FORM
Please complete and mail
this form along with a 25% deposit (of bid amount) in the form of a
cashier's check or money order. Bids authorized below are to be executed by
B & B up to, but not exceeding, the amount(s) specified. Each bid is per
item, as indicated, and all bids will be executed and accepted subject to
the Auction Conditions herein. A applicable sales tax will be added to your
bid price as part of the total purchase price.