Terms and Conditions
The following, as amended by any posted notices or oral announcements during the sale, constitute the entire terms and conditions on which property shall be offered for sale or sold by Hambrook's Ltd. Auctioneers and any Consignor of such property for who Hambrook's acts as agent.
1. As used herin, the term "bid price" means the price at which a lot is knocked down to the purchaser and the term "purchase price" means the aggregate of (a) the bid price (b) a premium of 20% of the bid price payable by the purchaser and (c) unless the purchaser is exempt by law from the payment there of, any California state or local sales tax (or compensating use tax of another state) and other applicable taxes. Unless exemption from such taxes is established to the satisfaction of there upon Hambrook's, any purchaser claiming an exemption will be required to pay the tax to Hambrook's and seek a refund from the State of California. Hambrook's has been authorized by the Consignor to retain as part of it's renumeration the 20% payable by the purchaser.
2. On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth her in and there upon (a) assume full risk and responsibility therefore (b) will sign a confirmation of purchase thereof, and (c) will pay the purchase price in full or such part as Hambrook's may require for all lots purchased. To prevent misdelivery and inconvenience in settlement of purchase, no lot may be transferred. All property shall be removed from Hambrook's by the purchaser at his expense not later than 4:00 p.m. the Tuesday following the date of sale. Late pick up will incur storage fees of $5.00 per day, per lot. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Hambrook's and the Consignor by law, including but without limitation the right to hold the purchaser liable for the purchase price. Hambrook's at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell 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, Hambrook's commission at its regular rates, all other charges due here under and incidental damages.
3. Hambrook's reserves the right to withdraw any property at any time before actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lot shall be divided for sale.
4. Hambrook's reserves the right to withdraw any property at any time before actual sale. Unless otherwise announced by the purchaser. In the event of any dispute between bidders, or in the event of doubt on the part of Hambrook's as the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Hambrook's sale record shall be conclusive in all respects.
5. If Hambrook's is prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, the liability of Hambrook's shall be limited to the sum actually paid by the purchaser.
6. Where the Consignor is indebted to or has a monetary guarantee from Hambrook's and in certain other instances, Hambrook's may have an interest in the offered lots and the proceeds therefrom other than its commissions, and may bid therefore through a representative or agent to protect such interests. Hambrook's is entitled to its standard commission rate where a lot is "brought-in" to protect its interest.
7. All statements contained in the catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source origin, measurements or condition are qualified statements and shall not be deemed to be representations or warranties. No employee of Hambrook's is authorized to make on behalf of Hambrook's or the Consignor any representation of warranty, oral or written with respect to any property.
ALL PROPERTY IS SOLD "AS IS" AND NEITHER HAMBROOK'S NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY. ALL SALES ARE FINAL.