030208 catalog - Berner's Auction Gallery

Terms and Conditions of Sale1. Payment: 12% Buyer’s premium on all purchases, 10 % if paid by cash or check. Cash, traveler’s check, certified check or personal check if knownby the auction company. MasterCard and Visa accepted. Cash only on all rugs.2. As a convenience to customers, absentee bids and phone bids will be executed by Berner’s Auction Gallery personnel in a fair, competitive andconfidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. Berner’s Auction Gallery will not be responsible forfailure to execute absentee or phone bids.3. All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind,express or implied. All items are available for your examination before the item is moved to the podium before the sale. Written and oral descriptionsare our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature ofitems being sold. Berner’s Auction Gallery attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsibleor liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they havean interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as youdesire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluationleave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) aredamaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt,you are expected to notify us immediately by phone at 937-325-9925. We do not give refunds! All sales are final!4. All property is sold "AS IS, WHERE IS" and neither Berner’s Auction Gallery nor the consignor makes any warranties or representations of anykind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution,provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at thesale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. Antiques,by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and issometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding conditionshould call.5. Berner’s Auction Gallery reserves the right to withdraw any lot at any time before the auction without liability. Berner’s Auction Gallery and any ofits employees or consignors reserve the right to bid on any merchandise offered in course of auction with the permission of Berner’s Auction Gallery.6. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubton Berner’s Auction Gallery's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder orto re-offer and resell the article in dispute. If any dispute arises after the sale, Berner’s Auction Gallery sale record is conclusive.7. The Auctioneer has the right to reject any raise of bid not commensurate with the value of the item being offered. Items are sold without reserveunless otherwise advertised.8. All sales are final and all items must be paid for each day of sale and buyer must have paid receipt to pick up items. All items must be paid forbefore taken from premises. The purchaser assumes full responsibility for items at the fall of the hammer.9. SHIPPING - Berner’s Auction Gallery will ship through the Heart of Ohio Antique Center. However we reserve the right to use a third party shipperat our discretion due to limitation of in-house shipping. It is the buyer's responsibility to pay all fees associated with shipping and packing. Estimatesare available contact us at berners@voyager.net. All property should be removed from our premises no later than 4:00 P.M.. of the fifth business dayfollowing the end of the auction. Unless prior arrangements have been made with Berner’s Auction Gallery, items not removed by the specified timewill be charged storage and handling fees of $10.00 per item per day until removal. Please note that removal deadlines are strictly enforced.10. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to thesum actually paid, by the purchaser for such property.11. All sales are subject to Ohio and Clark County sales tax of 6.5%, unless purchased for resale and proper tax exemption form has been completed,the purchaser must possess a valid tax-exempt number. Berner’s Auction Gallery must have a blanket exemption certificate with permit numberand signature on any tax exempt sale.12. Bidding on any articles indicates acceptance of these terms. If any applicable conditions herein are not complied with by the purchaser, Berner’sAuction Gallery at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell theproperty at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handlingcharges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.13. All items sold in numerical, cataloged order.14. If you have any questions please contact our staff.15. We follow all Federal Firearms Rules and Regulations.16. These terms and conditions of sale, as well as the respective rights and obligations of Berner’s Auction Gallery and any purchasers or bidder atany sale of Berner’s Auction Gallery, shall be governed by and construed and enforced in accordance with the laws of the State of Ohio.17. The auctioneer is licensed and regulated by The Ohio Department of Agriculture - Auction Division.Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected andis sometimes the proof that an item is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding conditionshould call. We would prefer that you examine the items before you place a bid. All items are sold “as is”.