Diamond Ring

TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale govern all auctions held at Cyr Auction Company. By submitting a bid, the "Purchaser" hereby consents to all of the terms and conditions set forth herein. 1. The obligation to pay for items for which the Purchaser was the successful bidder is absolute at the time of the fall of the hammer and is not conditional on inspection or appraisal of the items purchased. The Purchaser bears the risk of all patent and latent defects, whether or not apprised of such by Cyr Auction Company or the consignor. 2. All items are sold as-is, where-is with no exceptions. All risk is upon the buyer and Cyr makes no representations as to the authenticity or state of repair of the items it sells. CYR AUCTION COMPANY HEREBY DISCLAIMS AND THE PURCHASER HEREBY WAIVES ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL PROPERTY SOLD AS IS, WHERE IS AND WITH ALL FAULTS AND NEITHER CYR AUCTION COMPANY NOR THE CONSIGNOR MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO PROPERTY OR ITS VALUE, AND IN NO EVENT SHALL BE RESPONSIBLE FOR THE CORRECTNESS OF DESCRIPTION, GENIUSES, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOG, AT THE SALE OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY BY CYR AUCTION COMPANY. 3. The auctioneer will acknowledge the high bidder of each lot and will be sole judge of the purchaser of each item. In case of duplicate left bids the one received first will have preference. 4. The Purchaser assumes full responsibility for items at the fall of the hammer. 5. The record of sale kept by the auction house will be taken as final in the event of any dispute. 6. As a convenience to customers left bids and phone bids will be executed by Cyr Auction Company personnel in a competitive and confidential manner. All left bid and phone bid arrangements must be received 24 hours prior to start of the auction and be accompanied by a deposit of 20 percent of the total bid, (unless other arrangements have been made with the auction company). Cyr Auction Company will not be responsible for failure to execute left or phone bids. 7. There will be a buyer’s premium of 17.5 percent added to the hammer price of each lot and it will be considered part of the total purchase price. 8. All purchases will be subject to a 5 percent Maine sales tax unless the buyer possesses a valid tax-exempt or reseller’s number, which must be shown at time of check in. 9. All items purchased must be paid for in full on the date of the auction in cash, by previously approved check or by MasterCard, Visa, or Discover or immediately upon notification of a successful left or phone bid. 10. Cyr Auction Company reserves the right to hold property until checks clear. Buyers intending to purchase expensive lots should discuss payment prior to day of sale. 11. Arrangements for shipping and storage should be made prior to the auction and will be at the Purchaser’s expense. All items shall be shipped F.O.B., Cyr Auction Company, Gray, Maine. 12. If Cyr Auction Company stores an item for a purchaser after the sale, all risk of loss is borne by the Purchaser. Cyr Auction Company shall not be responsible for any incidental or consequential damages, including lost profits, whether or not Cyr Auction has been informed of the possibility of such incidental damages and whether or not Cyr Auction Company is negligent. The purchaser agrees to insure any item that is stored by Cyr Auction Company and agrees to look solely to that insurance policy to be made whole. Cyr Auction Company may charge a storage fee for items left over thirty (30) days. 13. Cyr Auction Company reserves the right to withdraw any lot at any time. 14. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered. 15. The Purchaser hereby agrees that Cyr Auction Company is entitled to recover its reasonable attorney’s fees and costs of collection from the Purchaser in the event that the Purchaser fails or refuses to pay in full for items for which the Purchaser was the high bidder. 16. Cyr Auction Company may in its sole discretion waive any term of these Terms and Conditions of Sale to any party at any time without notice to the Purchaser. The Purchaser agrees that Cyr Auction Company shall not be liable for the waiver of any term hereof to any party. Firearms All Federal, State and local firearms laws will be observed. The permanent provision of the Brady Act provided for the establishment of a National Instant Criminal Background Check System (NICS). Below are the guidelines for purchasing firearms: 1. Antique Guns: are defined as any gun manufactured prior to 1899. These guns may be purchased and picked up on the day of the sale by anyone, resident or non-resident. No NICS, check is required. 2. Modern Long Guns: All individuals (non FFL holders) who purchase any modern long gun will have to execute Federal Form 4473, and provide a valid identification document containing a photograph. The purchaser may take possession of a modern long gun only after a successful "instant check" has been conducted by the NICS. Any FFL holder may take possession of any modern firearm the day of the sale. 3. Modern Handguns: The same rules applicable to long guns apply to any Maine resident wishing to purchase a modern handgun. Any non-resident, non FFL holder wishing to purchase handguns will need to have these shipped to an FFL holder in their home state. 4. Residents of the States of California, Rhode Island, and New Jersey cannot take delivery of any modern firearm on the day of the sale. They will have to be shipped to an FFL holder in their State. The Purchaser is bound by these Terms and Conditions of Sale by Participating in any auction held by Cyr Auction Company. The lack of a signature on this document shall not alter the Purchaser’s acceptance of these Terms. These Terms of Sale may not be altered or amended without the express written consent of Cyr Auction Company in a separate writing signed by a duly authorized representative of Cyr Auction Company LOCATION: Turn off at Exit 11 of the Maine Turnpike, then 1-1/2 Miles North on Rte. 100. James D. Cyr, Maine License #720 P.O.Box 1238, Gray Maine 04039 Voice:(207)-657-5253 Fax:(207)-657-5256 Write us at info@cyrauction.com