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The following conditions of sale are the
complete and only terms and conditions on which all property is offered
for sale.
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Goods auctioned are often of some age. All
property is sold AS IS WHERE IS. All pieces are sold as “attributed
to" and we make NO guarantees, warranties or representations,
expressed or implied, with respect to the property or correctness of
the catalog or other description of authenticity of authorship,
physical condition, size, quality, rarity, importance, provenance,
exhibitions, literature or historical relevance of the property or
otherwise. No statement anywhere, whether oral or written, shall be
deemed such a guarantee, warranty or representation. Prospective
bidders should inspect the property before bidding to determine
condition, size and whether or not it has been repaired or restored
and no refunds or credits shall be issued.
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A premium of 15% of the successful bid price
will be added thereto and is payable by purchaser as part of the
total purchase price.
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All lots sold are subject to a 7% Georgia sales
tax unless a resale number is given.
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Payment must be made on the day of purchase.
Payment may be cash, certified check or personal check with bank
letter.
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Bidders are required to register prior to the
sale and must use the number issued to them when they are the
successful bidder. No transfer will be recognized from one buyer to
another.
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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 on our part as to the validity of any bid,
the auctioneer will have the final discretion either to determine
the successful bidder or to re-offer or resell the article in
dispute.
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On the fall of the auctioneer's hammer, title
will pass to the highest bidder acknowledged by the auctioneer,
subject to fulfillment by such bidder of all the conditions set
forth herein, and bidder assumes full risk and responsibility and
will pay the full purchase price. Invoices are subject to audit for
errors and bidder is responsible for paying any balance due therein.
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All articles must be removed within seven days
after the sale. Any item not removed within seven days will be moved
and stored by Red Baron Antiques. Fees will be charged accordingly.
Red Baron Antiques is not responsible for loss or damage to
merchandise left beyond seven days. All damages/discrepancies must
be reported within 72 hours of receipt of merchandise or claims will
not be processed
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We are not responsible for the acts or omissions
of carriers or packers of purchased lots, whether or not recommended
by us. Packing and handling of purchased lots by us is at the entire
risk of the purchaser. In no event will we be liable for damage to
glass or frames, regardless of the cause.
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We reserve the right to withdraw any property
before sale.
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This is a privately owned and operated sale. We
reserve the right to refuse admittance to any person. No children
will be allowed at the sale.
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If any applicable conditions here are not
complied with by the purchaser, in addition to other remedies
available to us and the Consignor by law, including without
limitation the right to hold the purchaser liable for the total
purchase price, we may at our option either:
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Cancel the sale, retaining as liquidated
damages all payments made by the purchaser or
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Resell the property at public auction without
reserve, and the purchaser will be liable for any deficiency,
cost, including handling charges, the expenses of both auctions,
our commission on both sales at our regular rates, all other
charges due hereunder and incidental damages. In addition, a
defaulting purchaser will be deemed to have granted us a
security interest in, and we may retain as collateral security
for such purchaser's obligations to us, any property in our
possession owned by such purchaser. We shall have all the rights
afforded a security party under the Uniform Commercial Code with
respect to such property and we may apply against such
obligations all monies held or received by us for the account
of, or due from us to, such purchaser. At our option, payment
will not be deemed to have been made in full until we have
collected funds represented by checks, or, in the case of bank
or cashier's checks, we have confirmed their authenticity. These
conditions of sale as well as the purchaser's and our respective
rights and obligations hereunder shall be governed by and
construed and enforced in accordance with the laws of the State
of Georgia. By bidding at an auction, whether present in person
or by an agent, order bid, telephone or other means, the
purchaser shall be deemed to have consented to the jurisdiction
of the state courts of, and the federal courts sitting in, The
State of Georgia.
Member of the Fulton County Chamber of
Commerce
Member of the Atlanta
Convention and Visitor's Bureau
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