Buyer’s Terms & Conditions of Sale
This is a public auction, conducted in accordance with these Terms and Conditions of Sale, by Kleinfelter’s Auction (hereinafter referred to as “Kleinfelter’s"). By bidding on any lot offered by Kleinfelter’s, the bidder indicates acceptance of the following Terms and Conditions of Sale.
13% Buyer’s Premium will be added to all successful bids and is payable by the winning bidder as part of the total purchase cost.
All sales are subject to Pennsylvania state and local taxes of 6%. Any lots that are picked up and/or delivered in the state of Pennsylvania are subject to applicable state and local taxes. Any items shipped by the Mail Dock outside the state of Pennsylvania are subject to that state’s local tax rules.
All Bidders must meet Auctioneer’s qualifications to bid. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at Auctioneer’s sole option and will not be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. To ensure the safety of all our bidders Kleinfelter’s Auction reserves the right to request a minimum of two industry references and/ or a bank letter of credit for all new bidders. Auctioneer reserves the right to exclude any person from the auction.
All merchandise must be paid for in full the day after the auction. After a day, we reserve the right to void any unpaid invoice after that time and to ban the bidder from future sales. Payments will be run directly through HiBid unless notified in advance. A 3% discount will be applied to the 13% Buyers Premium for inhouse invoices paid by personal check or cash.
All lots are sold “as is.” Lots may not be returned. This is not an approval sale. All sales of lots to the highest bidder are final. Bidders are strongly advised and encouraged to research any lots upon which they plan to bid, and to determine bids based upon their own evaluation. Bidders assume all risks concerning and related to the grade, quality, appearance, condition, history and origin of any lot. All preview times are advertised via online and print marketing to allow for in person inspection prior to bidding.
Shipping details and costs will be billed separately and handled by a third party shipper. Mail Dock of Lebanon is a fully insured company. Any items damaged during shipping are the sole responsibility of the shipper.
All items must be picked up within 7 days of auction date. Kleinfelters is NOT responsible for items lost, stolen, broken or damaged after the sale. Storage for purchased items is not provided. After 7 days with no contact items will be considered abandoned and disposed of at bidders expense. If prior arrangments have not been made, the bidder will forfeit lots and they will be discarded at Auctioneers discretion. No refunds will be given.
Bids Via Absentee
A bidder may also participate via absentee bids which will be executed by a representative of Kleinfelter’s Auction during the auction. The bidder accepts that all left bids do not include the Buyer’s Premium of 13%. All absentee bids are subject to the same Terms and Conditions of Sale.
Rights & Responsibilities
The auctioneer will determine the highest bidder. The auctioneer, alone, has the right to reopen the bidding for an item, if deemed necessary. Kleinfelter’s and its representatives reserve the right to remove any attendees who impede the preview and/or the auction. Title to all merchandise shall pass to the winning bidder after receipt of good funds by Kleinfelter’s. Bidders will be held responsible for their bids, including those bids placed incorrectly. PLEASE VERIFY BIDS BEFORE SUBMITTING THEM. In order to have a bid removed or corrected, bidder must contact Kleinfelter’s prior to start of the auction. Bidder waives auctioneer’s responsibility and holds Kleinfelter’s harmless for failure to recognize, accept, receive or execute any lost or missing bids by internet, telephone, email, floor bid, fax, mail or other means. Kleinfelter’s reserves the right to postpone or cancel an auction without notice. Lots may be withdrawn at Kleinfelter’s discretion, without prior notice. Lots may carry a reserve. A reserve is a price below which the auctioneer will not sell an item or will re-purchase the item on behalf of the consignor. Kleinfelter’s permits bids to be placed by the auctioneer, or an employee of the auctioneer, up to the predetermined reserve set by the consignor.
DISCLAIMER AND WARRANTIES
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR A WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOT THAT THE CONSIGNOR MAY HAVE AS OF THE AUCTION SALE DATE. ALL LOTS ARE SOLD “AS IS” AND WITH ALL FAULTS. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT.
All oral and written statements made by Kleinfelter’s and its employees or agents (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Kleinfelter’s has authority to vary or alter these Terms and Conditions of Sale. Kleinfelter’s reserves the right to vary or alter the Terms of Sale, either generally or with respect to specific persons or circumstances, in its sole discretion. Any variation or alteration shall be effective only if in writing and signed by an officer of Kleinfelter’s authorized to do so.
Kleinfelter’s is acting as an auctioneer. Title to the lots purchased passes directly from the Consignor to the Buyer. Accordingly, Kleinfelter’s is not making, and disclaims, any warranty of title.
Bidder acknowledges that the market is speculative, unregulated and volatile, and that prices may rise or fall over time. Kleinfelter’s does not guarantee or represent that any customer buying for investment purposes will be able to sell for a profit in the future.
Bidder acknowledges and agrees that neither Kleinfelter’s, nor its employees, affiliates, agents, third-party providers or consignors warrant that auctions will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events.
Waiver & Release
Waiver & Release Bidder, for himself/ herself, his/her heirs, agents, successors and assignees, generally and specifically waives and releases, and forever discharges Kleinfelter’s, and its respective affiliates, parents, officers, directors, shareholders, agents, subsidiaries, employees, managers and members and each of them, and their respective successors and assignees from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, including but not limited to claims based upon Auctioneer’s negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected (a “Claim”), which Bidder may assert with respect to and/or arising out of, or in connection with any challenge to the title to or authenticity of any goods purchased, the sale itself, any lot bid upon or consigned, and/or the auction, except where such Claim is otherwise expressly authorized in these Terms of Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every Claim that may arise hereunder or be related to the Auction Sale.
If a dispute arises concerning ownership of a lot or concerning proceeds of any sale, Kleinfelter’s Auction reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and Buyer and any other applicable party, and in such event shall be entitled to its reasonable attorneys’ fees and costs. Kleinfelter’s reserves the right to cancel or postpone the Auction Sale or any session thereof for any reason whatsoever. No Bidder shall have any claim as a result thereof, including for incidental or consequential damages. Neither Kleinfelter’s nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms of Sale, the auction or the conduct thereof and in no event shall such liability exceed the purchase price, premium, or fees paid. Rights granted to Bidders under the Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Kleinfelter’s Auction. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale. Any dispute arising out of or related to these Terms of Sale, the Auction Sale or any lot, with the sole exception of actions by Kleinfelter’s Auction to collect amounts owed to it and other damages, shall be submitted to binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, with any arbitration hearing to occur in Lebanon County, Pennsylvania or a courthouse closest to Lebanon County, Pennsylvania. Absent an agreement of the parties, the arbitrator shall limit discovery to that which is necessary to enable the hearing to proceed efficiently. The arbitrator shall not have the power to award punitive or consequential damages, nor alter, amend modify any of the terms of this Agreement. The award by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Each party shall pay one-half the costs of the arbitration. Bidder acknowledges and agrees that the competent courts of the State of Pennsylvania shall have exclusive in personam jurisdiction, subject to the requirement to arbitrate, over any dispute(s) arising hereunder, regardless of any party’s current or future residence or domicile. Bidder further agrees that venue of the arbitration proceeding shall be in Lebanon County, Pennsylvania; and any court proceeding shall be in the closest local Superior Court, in the State of Pennsylvania, and in each case waive any claim of Forum Non Conveniens. Bidder agrees that any arbitration or legal action with respect to this Auction is barred unless commenced within one (1) year of the date of this Auction Sale. AUCTION PARTICIPANTS EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY.
AUCTION SERVICES AVAILABLE FOR SALES OF: REAL ESTATE | ANTIQUES | FURNITURE
GOLD, SILVER JEWELRY | COINS | TOOLS | FIREARMS | AUTOS | FARM EQUIPMENT
Click HERE for more information on Consignment