TERMS AND CONDITIONS OF SALE
NOTICE: All Bidders of this auction agree that they have read and fully understand these terms and agree to be bound thereby.
IDENTIFICATION: All Purchasers are required to have a Bidder’s number, which will be valid for this Auction Sale only.
INSPECTION: PLEASE CALL AUCTION OFFICE FOR APPOINTMENT
MANNER OF PAYMENT: All balances due on subsequent bills, will be made by wire transfer or cashier’s checks drawn to the order of Wm. F. Comly & Son, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that: MR.___________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS ACCOUNT UP TO $__________________ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION SALE ON WEDNESDAY, AUGUST 3, 2005.
TIME & PLACE OF PAYMENT: All bills must be paid for in full by 4:00 PM THURSDAY, AUGUST 4, 2005. Bills may be paid for at the office of the Auctioneer, WM. F. COMLY & SON, INC. 1825 E. BOSTON STREET, PHILADELPHIA, PA 19125 or wire transfer to the WACHOVIA BANK, FRANKFORD & GIRARD OFFICE, PHILADELPHIA, PA (215) 739-4300, WM. F. COMLY & SON, INC. A/C #2000008101307, ABA ROUTING # 031201467.
TIME OF REMOVAL: All goods must be removed from the premises by Wednesday, August 10, 2005. No goods will be released to the purchaser until the entire bill is paid for in full. Hours for removal are from 8:30 AM – 4:00 PM. Equipment is located in two locations. Please contact auction house for details or visit important announcement area in online catalog for details.
MANNER OF REMOVAL: Purchasers must remove the merchandise from the premises at their own risk, expense and liability. Purchases can be removed only upon presentation of original paid bill. Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of the Purchaser.
NON-PAYMENT: In default of payment of bills in full within the time herein specified, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise as liquidated damages. Lots not paid for or removed within the time specified herein will be considered abandoned and may be resold at public or private sale without further notice and any deficiency, together with all expenses and cost of re-sale, will be charged to the defaulting Purchaser.
NON-DELIVERY RESPONSIBILITY: All purchases made are at the Purchaser’s risk. The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Purchaser of any lot, other than for the return to the Purchaser of the sum paid on said lot, should the Purchaser be entitled to it.
CONDITION OF ITEMS SOLD: Auction Company is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.
CLAIMS: No claims or allowance of any sort will be allowed once the goods have been removed from the
INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising there from.
AGENCY: The Auctioneer is acting as agent only and is not responsible for acts of its principals.
BUYER’S PREMIUM: 13.5% Buyer’s Premium will be added to all purchases.
RIGGING: Removal and rigging to be at purchaser’s own expense, risk and liability. A certificate of insurance for $1,000,000.00 naming Wm. F. Comly & Son, Inc. and Seller as additional insured entities must be presented to the Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc.,
whether performed by the customer or a rigging company. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion.
All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Wm. F. Comly & Son, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Wm. F. Comly & Son, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Wm. F. Comly & Son, Inc. shall endeavor to describe in detail each item and any pertinent information about it.
Wm. F. Comly & Son, Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Wm. F. Comly & Son, Inc. is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Wm. F. Comly & Son, Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. Wm. F. Comly & Son, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Wm. F. Comly & Son, Inc. reserves the right to withdraw or re-catalog items in this auction.