Online Auction Terms and Conditions
All property offered and sold by Mark Mallette through Mark D. Mallette & Associates, Inc., dba Mallette & Associates (Auctioneer, Broker, Seller's Agent, or Company) shall be deemed offered and sold in compliance with the terms and conditions set forth in these Terms and Conditions of Sale, the Bidding Instructions and any specific Conditions of a specific auction. The bidder by the act of participating in any sale/auction acknowledges that you are bound by these terms and conditions.
DESCRIPTION OF ITEMS: Mallette & Associates has endeavored to accurately describe and catalog the merchandise to be sold. However neither the Company, its' officers, agents and representative nor the consignors, owners or sellers of the merchandise assume any risk, liability or responsibility for the identification, condition, authenticity, provenance, attribution, assessment of wear, count, weight or any measure, condition or description of the item listed on this web site, in a catalog or on a list of sale. This includes, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is classified or identified in any publication.
The description of all items appearing in the auction, in the advertising prior to and during the auction, in the bill of sale or invoice or elsewhere is believed to be correct. Nevertheless, neither those descriptions nor any oral statements made concerning an item or lot shall be construed to be either an expressed or implied warranty, a warranty of title or of merchantability, fitness for any particular purpose or any other warranty or representation of any kind or nature with respect to the property. All items/lots are sold AS IS – WHERE AS and WITH ALL ITS' FAULTS. Bidder, by registering to bid, acknowledges that all items/lots were available for inspection prior to and/or during the auction. Auction Company strongly advises the Bidder to carefully inspect each lot in which Bidder has any interest and to determine to their own satisfaction - the condition, count, quality and size among other attributes of each lot. Bidder should rely solely on their own inspection of the item and not on any statement provided by the Auction Company, its' publications or its' representative. The failure of the Bidder to inspect or research an item or lot shall not be deemed grounds for any claim, adjustment or refund against Auction Company, its representatives or the Owner/Seller/Consignor of the item.
BIDDING INSTRUCTIONS: Please click here for a detailed explanation of the terms and conditions for bidding.
BIDDING ERRORS: Please read the Bidding Instructions (see above) carefully. You should review your bids immediately. A bid made in error will only be considered for adjustment if bidder sends a written (email) request to the auctioneer within 30 minutes of placing the bid. It is at the discretion of the Auction Company whether it is an obvious mistake or not. No adjustment will be made if the error occurs within 24 hours of the start of the auction closing, excluding all extended bidding time or staggered closing times. For instance if the auction is scheduled to begin closing at 5 PM on Saturday, the final bid time that will be considered for adjustment would have to be made prior to 5 PM on Friday. No adjustment will be made if the bidder fails to submit a request for a change. Under no circumstances will a change be made after the auction has closed. Maximum bids will not be changed. Bidder uses the maximum bid feature at their own risk. If you do not understand it, please do not use this feature.
BUYER'S PREMIUM: Auction Company reserves the right to charge a buyer's premium.
CONTRACT: As detailed in the bidding instructions, placing a bid creates a contract between you and the Auction Company as a representative for the Owner/Seller. It is a legally binding agreement and as such is enforceable in a court of law.
CLOSE OF INTERNET BIDDING: Online auctions can close all lots at one point in time or they can have what is called a staggered closing. A staggered closing means that the 1st group of items begins to close at the closing time specified for the auction while the remaining items in the auction remain available for bidding. The first group is followed by a second group of items at the specified interval (usually a minute). For instance if there were 100 lots and the bidding closed on 20 lots per minute, it would take 5 minutes for all of the lots to close. The auction can also have extended bidding or a dynamic close if the terms of the auction allow for a 3 minute extension of time for additional bidding. If there is bidding within the last 3 minutes of that item's closing time, the time to close would be extended 3 minutes. If 3 minutes had elapsed in which there was no bid change, the bidding for that item would stop.
HIGHEST BIDDER/WINNING BIDDER: Notification of the winning bidder will only be by email. To be sure the email is not blocked by your SPAM filter; please add us to your okay list. If you do not receive an invoice from us and feel that you were the high bidder, please send us an email by 10 am the next day. If you still do not receive an invoice, then you were not the high bidder. If a dispute arises between two or more bidders, the Auction Company reserves the right to reopen bidding between the disputed parties.
INFORMATION COLLECTED: Information gathered from and about the Bidders and Owners/Sellers is solely for the purpose of running the auction and will not be sold or rented to anyone else.
PAYMENT: An invoice will be emailed to the winning bidder. It will include the final/winning (hammer price) bid + any applicable state and local sales tax (see below) + buyer premium (if applicable) + shipping (if applicable) + handling fee and/or surcharge (if applicable) + insurance for items shipped (if applicable) + fee for any returned checks (if applicable). Forms of payment accepted: cash, check (with presentation of a valid driver's license) (a 1.5% fee will be added to qualify check) & a wire transfer. Merchandise will not be released until items have been paid in full and/or funds have cleared the bank. Bidders acknowledge and agree that they have made a contractual commitment to pay for their purchases.
PENALTIES: Failure to remit payment for purchases and/or to comply with the removal policies will result in the forfeiture of the item. The original invoiced amount plus any moving or disposal fees and any filing fees will be turned over to collections.
RESERVE: Some items may be selling with reserve (the owner is willing to sell the item only if it reaches a certain level.) If the reserve is not met, the item will not be sold.
REMOVAL/TITLE TRANSFER: Upon the fall of the hammer (declaration of winning bidder), title to the property transfers to the buyer. Such bidder therefore assumes full responsibility and risk for the property sold, agrees to pay the full purchase price including applicable additions such as sales tax, buyer premium, surcharges & shipping cost within the time frame stipulated in the terms of the sale but in any case, no later than 7 days after the date of sale and to remove item no later than 10 days after sale. Buyers are responsible for the cost and associated expense of removing their item(s). Buyer bears full responsibility for their items, Auction Company does not act as security agent and will not be responsible for any loss, theft, damage or any other condition. If buyer sends an agent to pick up their merchandise, the agent must present a copy of the paid invoice before any item can be removed.
SALES TAX: State and local sales tax will be charged when applicable unless purchaser has provided Auction Company with a completed and properly filled out sales tax exemption form, 24 hours prior to the close of the auction. The exemption form will be good for all future auctions or until such time as the Auction Company requires a new form to be filed.
SHIPPING: Shipping is always at the buyer's expense. Where indicated, the Auction Company will assist the buyer in finding an appropriate professional to pack and ship their item(s). You may want to get several quotes, just be sure they understand that you are requesting a quote. In some instances the Auction Company may be willing to pack and ship the items, but only if the buyer acknowledges that they assume all risk, responsibility and expense for the removal of their items. In both cases, a handling fee equal to $2.50 per item with a minimum $5 charge must be paid to the Auction Company prior to any item being shipped. The cost of shipping is between the shipper and the purchaser. Auction Company is not responsible for the acts or omissions in our packing or shipping of purchased lots or of any shipper or packing company whether we have recommended them or not. Shipping options will be indicated as Get Professional Quote & Shipping, Y (for items easily shipped) or N (No shipping available).
WITHDRAWAL OF ITEMS: Mallette & Associates reserves the right to withdraw any item at any time before the fall of the hammer (before the item is declared sold) in its sole and exclusive discretion.
© 2012, MalletteAuction.com