KIMBALLS AUCTION MAKES NO CLAIMS OF CONDITION REGARDING LOTS. IT IS THE RESPONSIBILITY OF THE BUYER TO ASCERTAIN THE CONDITION OF SAID LOTS. PLEASE CALL WITH QUESTIONS. ALL SALES ARE FINAL. NO RETURNS. WINNING BIDDERS MUST ACT UPON PURCHASES WITHIN 7 DAYS.
The word "Kimball's", wherever used in these conditions of sale, means Douglas M. Kimball d/b/a Kimball's Auction and Estate Services.
2. Kimball's and the consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property sold (that is, the identity of the creator or the period, culture, source of origin, as the case may be).
All property is sold "as is" and neither Kimball's nor the consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, attribution, provenance or condition of the property and no statement made at the sale or in the bill of sale or invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability.
3. Notwithstanding the preceding condition, if within twenty-one (21) days of the sale of any lot, the purchaser gives notice in writing to Kimball's that the lot so sold is a counterfeit and, if within fourteen (14) days after such notice the purchaser returns the lot to Kimball's in the same condition as when sold, and proves beyond reasonable doubt that the returned lot is in fact a counterfeit, Kimball's as agent for the consignor will rescind the sale and refund the purchase price received by them.
4. Kimball's reserves the right to withdraw any property at any time before actual sale.
5. If one is unable to attend the sale in person, Kimball's will execute bids without charge and without responsibility for errors and subject to the Conditions of Sale. Telephone bids are accepted at the sender's risk and must be confirmed by letter or in person prior to the sale.
6. Kimball's reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and re-sell the article in dispute. If any dispute arises after the sale, Kimball's sale record shall be conclusive in all respects.
7. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale; and, if having acknowledged an opening bid, he decides that any advance thereafter is not of sufficient amount, he may reject the advance.
8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest bidder who, thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore or such part as Kimball's may require. All property shall be removed from Kimball's by the purchaser at his/her expense not later than three days following its sale and, if not so removed, may be sent by Kimball's to a public warehouse for the account, risk and expense of the purchaser. If the foregoing Conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Kimball's and the consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Kimball's, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) re-sell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and Kimball's commission at its regular rates and all other charges due hereunder and incidental damages.
9. Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to reserve and Kimball's may bid through its representatives as agent for the consignor.
10. A premium of 20% will be applied to all merchandise sold, to be paid by the buyer as part of the purchase price.
11. Unless exempted by law from the payment thereof, the purchaser will be required to pay the Massachusetts State Sales Tax. The rate of such tax is 5%.