Conditions of Sale
Auction Terms & Conditions
Terms and Conditions of Sale
The property offered and sold through Ashcroft and Moore, LLC's (hereinafter AM) public auctions (hereinafter the Property) shall be offered and sold pursuant to the terms and conditions set forth below (hereinafter the Agreement). This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By bidding at the auction, whether in person, by agent, in writing, by telephone, internet bid or any other means, the buyer of the Property (hereinafter the Buyer) agrees to be bound by this Agreement.
PROPERTY SOLD AS IS: All Property is sold as is, where is, with all faults. Neither AM nor any consignor makes any guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalogue or any other description of the Property. In no event shall AM or the consignor be responsible for the correctness, nor be deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation.
WITHDRAWAL OF PROPERTY: AM reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute.
COPYRIGHT AND REPRODUCTION RIGHTS: AM and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. AM expressly reserves the right to reproduce any image of the Property sold in the catalogue. The copyright in all images, illustrations and written material produced by or for AM relating to Property, including the contents of the catalogue, is, and shall remain at all times, the property of AM and shall not be used by the Buyer, nor by anyone else, without AMs prior written consent.
EXAMINATION OF PROPERTY: All Property is available for examination prior to bidding. The Buyers bidding signifies that the Buyer has examined the Property as fully as desired or has chosen not to examine the Property. AM recommends that prospective bidders examine all items in which they have an interest prior to bidding.
BIDDING.
RESERVES: Some of the Property in the sale is offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and AM below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the low estimates listed. Bidding will begin at a price appropriate in the auctioneer's discretion. The auctioneer always reserves the right to withdraw Property for any reason he deems appropriate.
ORDER OF BIDS: Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue. AM reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.
PAYMENT: Payment is due immediately. Cards on file will be charged at the end of the sale.
BUYERS PREMIUM: A 25% buyer's premium will be added to the hammer price on each lot sold. This premium is exclusive of any additional fees charged by the Invaluable or Auctionzip platform.
REMOVAL OF PROPERTY: All items must be picked up, or transfer arrangements made by the date of the posted pickup day. Any items not retrieved on the posted say will be deemed abandoned and no refund issued. Ashcroft and Moore LLC reserves the right to charge the owner of such items with a removal fee which may be recovered by the sale of the abandoned items. Bidder will be responsible for any difference in fees not recovered.
PACKING AND SHIPPING of Transferred Items: Buyer agrees that packing and shipping are done at the Buyers risk and that Buyer will pay in advance all packing expenses, materials, carrier fees and insurance charges. Shipping is the sole responsibility of the Buyer. AM will have no liability for any loss or damage to shipped items. Upon request, AM will provide a list of shippers who deliver to destinations within the United States and overseas.
TAXES: All purchases are subject to Pennsylvania sales tax unless the Buyer possesses a Pennsylvania sales tax exemption number. Exemption numbers from other states are accepted in Pennsylvania if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Pennsylvania exemption number prior to the auction. Buyer is responsible for any and all tariffs, taxes and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyers country.
IMPORT/EXPORT RESTRICTIONS: Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property.
BUYERS BREACH: If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, AM may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale.
GOVERNING LAW: These conditions of sale shall be governed by the laws of the Commonwealth of Pennsylvania (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against AM in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the Commonwealth of Pennsylvania or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
AMENDMENTS TO TERMS AND CONDITIONS: No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of AM in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of AM on any future occasion.
Shipping
Ashcroft and Moore LLC does not provide in house Shipping.
