The following terms concern the items offered at the auction, including those listed in this catalogue. Pamela Rose Auction Company, LLC reserves the right to determine the Terms & Conditions, whether it be absentee bid, phone bid, internet bid or live auction.
1. Shipping is the responsibility of the buyer. Upon request, our staff will provide a list of the shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the United States. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods 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 these lots.
2. All merchandise purchased must be paid in full the day of the auction. At the option of Pamela Rose Auction Company, LLC, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses.
3. Pamela Rose Auction Company, LLC assumes no risk, liability, or responsibility beyond the limited warranty contained herein.
4. Except as set forth in paragraph 5 below, all property is sold “AS IS.” There are no representations or warranties that extend beyond these Terms and Conditions of Sale. All works shall be available for examination prior to the Auction. Pamela Rose Auction Company, LLC, and its agents and consignors, make no representations or warranties as to merchantability, fitness for a particular purpose, correctness of the catalogue or description, including, but not limited to, the physical condition, size, quality, rarity, importance, medium, provenance, dates, exhibitions, literary or historical relevance of any property, and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere shall be deemed such a warranty, representation or assumption of liability. Nor are there any representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including, but not limited to, any reproduction rights in any property. Contents of this catalogue are subject to change or supplementation before or during the sale, including the sale of any lot.
5.The authenticity of the authorship attributed to the property as described in this catalogue is guaranteed to the limited extent as stated in this paragraph 6.
6.The authorship attributed to an item of property includes name of the artist and any reservations therewith stated, as, for example, “attributed to”, “in the school of”, or “appears to have been signed by.” Pamela Rose Auction Company, LLC makes no warranties whatsoever, express or implied, with respect to any material in the catalogue other than the authorship attributed to the property.
7.Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored.
8. A buyer’s premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The purchase price will be the sum of the final bid price plus a buyer’s premium of 20% of the final bid price of each lot. The buyer’s premium is calculated separately for each lot.
9. Pamela Rose Auction Company, LLC reserves the right to withdraw any property before or during the sale and shall have no liability whatsoever for such withdrawal.
10. Except as may be announced by the auctioneer, all bids are per lot, as numbered in the catalogue online.
11. Pamela Rose Auction Company, LLC reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion to determine the successful bidder, cancel the sale, or to reoffer and resell the article in dispute. If any dispute arises after the sale, Pamela Rose Auction Company, LLC’s sale record shall be final and conclusive. Pamela Rose Auction Company, LLC, in its discretion, may execute orders or absentee bids as a convenience to clients who are not present at the auction; however, Pamela Rose Auction Company, LLC is not responsible for any errors or omissions in connection therewith.
12. On the fall of the auctioneer’s gavel, the highest bidder acknowledged by the auctioneer assumes full risk and responsibility for the offered lot, subject to all of the terms and conditions set forth herein, and is immediately obligated to pay the full purchase price or such parts thereof as Pamela Rose Auction Company, LLC may then require. All sales are final, and there shall be no exchanges or returns. Payment shall be made by cash, check, Visa, American Express or MasterCard. In addition to other remedies available to us by law, Pamela Rose Auction Company, LLC reserves the right to impose, from the date of sale, a late charge of 1.5% per month (18% per annum) of the total purchase price, if payment is not made in accordance with the conditions set forth herein.
13. All property must be removed by the purchaser at his or her expense no later than June 18, 2009 by 3:00 pm, and if it is not so removed, (i) a handling charge of 1% of the total purchase price per month from the tenth day after the sale (until its removal) will be payable to us by the purchaser, with a minimum of 5% of the total purchase price due for any property not so removed within 60 days after the sale, and (ii) we may send the purchased property to a public warehouse for the account, at the risk and expense of the purchaser. Shipping/Moving Information: Contact Chad at Pak Mail - 419-872-5671 - email@example.com or ABC Movers - 419-241-6245 - firstname.lastname@example.org. Shipping companies will be present at auction.
14. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default, and in addition to any and all other remedies available to Pamela Rose Auction Company, LLC and its agents and consignors by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges, and expenses set forth herein, Pamela Rose Auction Company, LLC, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination thereof. The purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses, and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, a defaulting purchaser will be deemed to have granted and assigned the property or money to Pamela Rose Auction Company, LLC or its agents and consignors or any of their affiliated companies, and Pamela Rose Auction Company, LLC may retain and apply such property or money as collateral security for the obligations due. The purchaser of each lot agrees that each lot is unique and that Pamela Rose Auction Company, LLC, in its sole discretion, shall not be required to sell or otherwise seek to mitigate damages should such purchaser fail to pay the total purchase price. Payment will not be deemed to have been made in full until Pamela Rose Auction Company, LLC shall have collected good funds. Pamela Rose Auction Company, LLC reserves the right to hold all purchases pending collection of the total purchase price.
15. Prospective bidders and purchasers agree that, in the event of any controversy or claim arising out of or relating to a sale of property, the party asserting such controversy or claim shall provide written notice thereof to the other party, and that any such controversy or claim not settled within fourteen (14) days of delivery of notice by the other party, including any controversy or claim arising from or relating to the sale, or to these Terms and Conditions of Auction, including the terms of this paragraph, shall be resolved and settled by binding arbitration in Toledo, Ohio, or such other place upon which the parties may agree, in writing; such arbitration shall be pursuant to the commercial arbitration rules of the American Arbitration Association then in effect; the award, which shall include costs of arbitration and an award of reasonable attorneys’ fees to the prevailing party, shall be final, and the judgment on the award may be entered in any court having jurisdiction.
16. Pamela Rose Auction Company, LLC may, in its discretion and at a purchaser’s request, package and ship items as directed by the purchaser. In such event, purchaser agrees to the conditions set forth in paragraphs 17 and 18.
17. All such packaging, handling and shipping is at the sole risk of the purchaser, and Pamela Rose Auction Company, LLC shall have no liability for any loss or damage to such items.
18. Purchaser shall pay all related expenses in advance. Allow four to six weeks for shipping.
19. Dana Employee’s & Retirees only with ID receive Seller Discount of 25% - Buyers Premium applies.
All bidders will agree to the Terms and Conditions in order to receive a bid number.