AND CONDITIONS OF SALE
buyer's premium, cash, in-state checks,
MasterCard, Visa ONLY
License #365 & 154
of the lots in this sale are offered subject to a reserve. The reserve
is a confidential minimum price agreed upon by the consignor and James
R. Bakker Antiques Inc. below which the lot will not be sold. In most
cases, the reserve will be set below the estimated range, but in no case
will it exceed the estimates listed. A representative of James R. Bakker
Antiques Inc. will execute such bidding reserves by bidding for the consignor.
In any event, and whether or not a lot is subject to a reserve, the auctioneer
may reject any bid or raise not commensurate with the value of such lot.
2. All property is sold "as is", and neither the auctioneer
nor any consignor makes any warranties or representation 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,
or description, genuineness, authorship, attribution, provenance, period,
culture, source, origin, 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 of representation or an assumption of liability.
3. Except as provided in paragraph 1 above, the highest bidder as determined
by the auctioneer shall be the purchaser. In the case of a disputed bid,
the auctioneer shall have sole discretion in determining the purchaser
and may also, at his or her election, withdraw the lot of reoffer the
lot for sale.
4. All merchandise purchased must be paid for and removed from the premises
the day of the auction. James R. Bakker Antiques Inc. may impose, and
the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase
price of any lot or portion of a lot not removed by the purchaser within
three (3) days after the date of the sale. James R. Bakker Antiques Inc.
shall have no liability for any damage to property left on its premises
for more than three (3) days after the date of sale. At the option of
James R. Bakker Antiques Inc., the merchandise may be transferred to and
stored at a bonded warehouse and the purchaser agrees to pay all transfer
and storage expenses. James R. Bakker Antiques Inc. may impose, and the
purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase
price of any lot or item not paid by the purchaser within thirty (30)
days of the date of sale.
5. Personal checks will be acceptable only if credit has been established
with James R. Bakker Antiques Inc. or if a bank authorization has been
received guaranteeing a personal check. James R. Bakker Antiques Inc.
reserves the right to hold merchandise purchased by personal check until
the check has cleared the bank. The purchaser agrees to pay James R. Bakker
Antiques Inc. a handling charge of $25.00 for any check dishonored by
6. If the purchaser breaches any of its obligations under these Conditions
of Sale, including its obligation to pay in full the purchase price of
all items for which it was the highest successful bidder, James R. Bakker
Antiques Inc. may exercise all of its rights and remedies under the law
including, without limitation, (a) canceling the sale and applying any
payments made by the purchaser to the damages caused by the purchaser's
breach, and/or (b) offering at public auction, without reserve, any lot
or item for which the purchaser has failed to pay in full the purchase
price, holding the purchaser liable for any deficiency plus all costs
7. In no event will the liability of James R. Bakker Antiques Inc. to
any purchaser with respect to any item exceed the purchase price actually
paid by such purchaser for such item.
8. James R. Bakker Antiques Inc. may, in its discretion and at a purchaser's
request, package and ship items as directed by the purchaser. In such
event, purchaser agrees that (a) all such packaging, handling and shipping
is at the sole risk of the purchaser and that James R. Bakker Antiques
Inc. shall have no liability for any loss or damage to such items, and
(b) purchaser shall pay in advance, all packaging expenses, including
labor, materials and postage and carrier fees, and all insurance charges.
Allow four to six weeks for shipping.
9. All purchases are subject to the Massachusetts 5% sales tax unless
the purchaser possesses a Massachusetts sales tax exemption number. Exemption
numbers from other states are accepted in Massachusetts if presented with
a business card or letterhead. Dealers, museums, and other qualifying
parties can apply for a Massachusetts exemption number prior to the auction
by contacting the Massachusetts Department of Corporations and Taxation
at 100 Cambridge Street in Boston.
10. A premium equal to 10% of the final bid price will be applied to each
lot sold, to be paid by the buyer as part of the purchase price.
11. Bidding on any item indicates your acceptance of these terms and all
other terms announced at the time of sale.