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BRIEF TERMS OF SALE
BRIEF TERMS OF SALE

BRIEF TERMS OF SALE

Lot Closed

Auction by Legacy Auction & Realty(1443)
This item is in STROUDSBURG, PA

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Overview of BRIEF TERMS OF SALE

Item Details

Welcome! Bid along with the Auctioneer in real-time on Thursday, March 4th at 12 PM ET, and/or place your pre-bids now. Bid with confidence knowing Auctioneer cannot see your high bid. Opening bids are LOW and do not reflect the value of any item. Photos are part of the item descriptions; please view them all prior to bidding on the item.

YOUR BID shall be conclusive proof that you have made yourself acquainted with these conditions and those stated in Information and Special Terms and you have agreed to be bound by them. We encourage and welcome any and all questions BEFORE placing a bid, as ALL SALES ARE FINAL and all items are sold as-is, where-is. Please call or email for additional information on any lot.

Bidder shall be the sole judge of value. We do not and cannot guarantee nor warranty the authenticity of any item. For each item we bring to auction, it is bidder responsibility to determine condition, age, genuineness, value, or any other determinative factor; we make no representations to any aforementioned criteria, and all titles and descriptions are statements of opinion. In no event shall we be responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Each item has multiple detailed photographs and is described as what we see and Consignor opinion. Please use your expertise when bidding.

PAYMENT: Invoices are sent to winning bidders via email immediately following the sale. We must collect PA state sales tax for all winners picking up/delivering to Pennsylvania unless you have a tax exemption certificate. Your credit card on file will be processed for payment for your purchases by midnight on auction day. Please ensure the account number and expiration date is accurate and the account can bear the weight of your purchases. Issues with payment may result in a suspended account with us and with the bidding platform. No item will be released without payment in full and until funds have cleared.

OTHER PAYMENT: Credit card payments may not exceed $4,000. If the balance due exceeds this, the remaining balance or balance in full shall be paid via cash or wire transfer.

PICKUP: Sunday, March 7th, 2021 in Stroudsburg, PA. Time TBD; mid-late afternoon. Winning bidders will receive details in their Invoice. Lots not removed by the end of the period will be considered abandoned to the Auctioneer. No refunds will be processed. Proof of purchase and ID is required. Please bring adequate supplies to safely remove and transport your winnings, as none will be provided.

SHIPPING: The UPS Store, Mt. Pocono, PA, manages all shipping at buyer expense. Items will be delivered to The UPS Store within 3 business days following the auction. The UPS Store will contact you directly for payment and the timing of delivery when your package is ready. The UPS Store professionally packages insures and ships your valuables. Quality packaging and shipping can be expensive, especially for large, heavy, and/or valuable items. We have no control over the prices charged for these services. For any questions regarding items to be shipped via The UPS Store, please call 570-839-8010. An estimate of the shipping cost will be provided at your request. Items not picked up or claimed for shipment are abandoned to the auctioneer after 30 days post-sale.

OTHER SHIPPING: Certain items unavailable for shipping or delivery by the auction company. Please note these in RED in the item description. We will be glad to coordinate with the winning bidder's third party shipper for pickup/removal.

F.A.N. (Future Auction Notification) By registering for this auction, you agree to receive occasional auction notification by email from Legacy Auction & Realty; you may unsubscribe at any time by using the link at the bottom of any of those emails or contacting us directly: auctioneer@bidlegacy.com

Happy bidding!

Payment

21% Non-Refundable Buyer's Premium. Due to previous credit card scams $5,000 is the maximum allowed via credit card purchases. Any balance above that must be paid with cash, check (must clear first) or bank wire transfer. Credit Cards on file with Proxibid will be charged within one day following the auction. If sending payment by mail please let us know immediately following the auction or your card will be charged. Please make sure your credit card on file with Proxibid is current, valid, and can bear the weight of your purchases. Non-paying bidders will be barred from future auctions and turned over to Proxibid to be black flagged from future and others auctions.
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Auction Details

FANTASTIC ART and FINE ITEMS AUCTIONONLINE ONLY, STROUDSBURG, PA, 18360Thursday, Mar 4, 2021 | 11:00 AM CST

Auction House

Terms Of Sale

21% Non-Refundable Buyer's Premium. A SALES ARE FINAL. Property will be Sold As-Is, Where-Is. Please ask any questions before bidding, view the description and photos carefully and use your expertise and knowledge when bidding. 1. UNDERSTANDING THE TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog and addendum sheets will be offered for sale or sold by Legacy Auction & Appraisal, LLC (known hereafter as LA&A) and any client for whom we act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. These are the conditions of the sale. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions. The purchaser's rights and our respective rights and obligations hereunder are governed by PA and Delaware State law. By bidding at our auction whether in person or by agent, sealed bid, or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Monroe, Commonwealth of Pennsylvania agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Monroe County. 2. BUYER'S PREMIUM AND SALES TAX. A buyer’s premium will be charged to all hammer price totals. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. Bidders or their agents picking up their item(s) in the state of Pennsylvania who do not have a PA Tax Exemption Certificate on File must pay the sales tax. To establish a tax free sale, a copy of a valid reseller's certificate/permit or other instrument of information must be provided to our satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us. 3. METHOD OF PAYMENT. Auction sales are strictly for Cash, GOOD Pennsylvania check (if picking up in person), MasterCard, Visa, AMEX, Discover or Paypal. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency. 4. TERMS OF PAYMENT. At the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneers hammer or at the announcement of 'sold'. This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility for all purchases. The purchaser further agrees to pay the purchase price, buyers premium and any applicable taxes. All items purchased by successful bidders must be paid for in full the day of sale. All property must be removed from our premises at the purchasers expense no later than five days following the date of sale unless otherwise agreed. If the property is not removed, it may be transferred to a public warehouse for the purchaser at the purchasers risk and expense. Absentee Bidders: In order to expedite notification of your bidding all clients will be notified via email that you were successful. Each purchaser at this auction grants us a security in the property purchased. We may retain as collateral security for the purchasers obligations to us any of the purchasers property and all monies held or received by us. We may apply against such obligations monies held or received by us for the account of, or owing to, the purchaser. We retain all rights of a secured party. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, the buyers premium, and applicable sales tax. We at our option may either (1) cancel the sale, retain as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorney fees and incidental damages, etc. 5. INTEREST AND DEFAULT. Payment is due upon receipt. If the buyer's invoice is not paid in full within 15 days of the auction, LA&A, has the right and will charge the buyer's credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% (21% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Terms and Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales, interest from the date of the sale as well as any legal or collection fees incurred. LA&A shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of LA&A to the outstanding debt. 6. WITHDRAWAL. We reserve the right to withdraw any property prior to sale. 7. PROTESTS, DISPUTES AND THE AUCTIONEER. We reserve the right to reject a bid from any bidder. The highest bidder, acknowledged by the auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Any dispute after the sale our records will be deemed conclusive in all respects. 8. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 9. GUARANTEE. All property offered for sale is AS IS, WHERE IS. Legacy Auction & Appraisal, LLC does not guarantee or make warranties on any lot sold. Descriptions in the catalog are an opinion only. They are written as an aid to potential bidders. We acknowledge that there may be errors in what is written beyond the bold headline description. We strongly recommend you personally view any item you bid on or have an acknowledged expert view the item. Statements starting with the word condition are opinions, not statement of fact or guarantees. 10. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. 11. RESERVES. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. This bidding will not constitute opening bidding. If no opening bid is received we will pass the item. However once bidding is opened we will bid on behalf of the consignor to reach the reserve price. Nominal bids the auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding 25 - 30% of the low estimate, the item may be passed and not sold and may not be re-offered until a later sale. If we have an interest in an offered lot and the proceeds there from other than our commission, we may bid therefore to protect such interest. Items which are not reserved are sold at the auctioneer?s discretion. 12. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions. 18. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD AS-IS, WHERE-IS. LEGACY AUCTION & APPRAISAL, LLC NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTISTS MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY LEGACY AUCTION & APPRAISAL, LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL LEGACY AUCTION & APPRAISAL, LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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