CONDITION OF ITEMS & WARRANTY INFORMATION:
Thomaston Place Auction Galleries (TPAG) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object and we stand behind our descriptions as they relate to authenticity, however all items for sale are offered “as is,” and it is the bidder’s responsibility (present, absentee, phone or online) to determine the exact condition of each item. Our warranty does come with parameters and it is the bidder’s responsibility to understand those parameters fully. Please take time to familiarize yourself with what is covered and make your bidding decisions accordingly.
1) All items are “as is,” and it is the bidder’s responsibility to inspect, research, and determine the authenticity of all items upon which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by TPAG, is the sole responsibility of the bidder/buyer.
2) TPAG nor its consignor(s) makes any expressed or implied guarantees, warranties or representations in regard to the property merchantability or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, medium or material, period, culture, source, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise.
3) The absence of any reference to the condition of a lot does not in any way imply that the lot is in perfect condition or completely free of wear, imperfections or the effects of aging.
4) Condition Reports for items may be requested up to 48 hours prior to the date of the auction. We will make every effort to answer all submitted questions in a timely manner however, we cannot guarantee that a request submitted within 48 hours will be answered prior to the auction date. Neither TPAG nor its consignor makes any guarantee or warranty with regards to these reports. It is the buyer’s responsibility to examine each item and make their own assessment prior to the auction.
5) All items are sold for display purpose. If electrical, mechanical or other working parts are inoperable, even if working at the time of sale, TPAG is not liable due to the inherent nature of the age of antiques and items.
6) Goods made from or containing materials from protected species - TPAG does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omissions in marketing or labeling goods as containing materials from protected species. Such materials include, but are not limited to ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal and state laws and regulations promulgated thereunder.
It is the sole responsibility of the buyer to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. All buyers agree to comply with any and all domestic and international restrictions and licensing on the trade of protected species as a condition of the sale. The inability or delay in obtaining permits, licenses or other permissions to import or export goods containing material from protected species will not constitute a basis for rescission or cancellation of the sale or the delay of payment of purchased items in accordance with these bidder Terms and Conditions of Sale.
(If you are not able to make what you consider to be a comfortable decision about an item or if you believe an item may be incorrectly described in our catalog, we suggest that you refrain from bidding on said item.)
7) Items may be considered for return under very specific conditions and within 30 days after the auction. It is important that you pay for and acquire your item in a timely fashion. In the event we have made a significant attribution or disclosure of condition error such that there is a major effect on the value of an item, please contact us immediately (within 30 days after the auction.) We will review under the following circumstances:
A. The item has been paid for and the buyer has possession of the item.
B. The buyer must have the item reviewed by an independent party who is approved by TPAG, and is a recognized expert within the field of the item in question.
C. The expert provides a written report with specific and detailed reasons as to why the item is not as it was represented to be. The written report must be submitted to TPAG.
D. Our descriptions include what we deem to accurately portray an item’s general condition. However, opinions about condition can vary and as such, the auctioneer shall make the final determination in the possible event of a refund.
E. The timeline for this process is 30 days from the date of the auction. In the event a committee or review board must convene to review the item, TPAG must be notified in order to extend the time beyond the 30 day limit. Otherwise after 30 days, ALL SALES ARE FINAL.
F. Once TPAG has accepted the ruling of the expert(s), the buyer is to return the item to TPAG at buyer’s expense. In order to be eligible for a refund, the item must be returned in the same condition it was in when it left TPAG’s possession.
G. In the event a refund is issued, it will be for the cost of the item, buyer’s premium and any sales tax paid. The refund will be made in the same form as the payment of the original transaction.
8) No Chargeback Policy - Purchasers agree that disputes of any nature will not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Thomaston Place Auction Galleries and/or its credit card merchant. By purchasing with us, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, attorney fees, and/or any other charges associated with responding to said chargeback.
9) Jewelry, Timepieces, Stamps & Coins: All sales are final. There are no returns or refunds for any reason. Jewelry and items with mechanical parts such as clocks, timepieces, mechanical banks, music boxes, etc. are sold “as-is” on the day of sale and may
require servicing. The lack of a condition report does not imply that the item or lot is free from imperfections, defects or wear and tear of aging. This includes but is not limited to deficient stones, needed repair or defects.
10) Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who place bids live on the auction floor, by absentee bid, telephone bid, or online bid. The auctioneer shall acknowledge the top bidder as the winner. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.
11) The auctioneer has sole discretion and reserves the right to:
A. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.
B. Pass/withdraw any items in the auction which do not open at a price commensurate with the items’ value.
C. Open bidding and bid up to, but not exceed the reserve on behalf of the seller.
12) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff.
13) Bidding on behalf of others: Unless you are registered as a buyer’s agent prior to the start of the auction and we have written authorization from your buyer naming you as his/her appointed bidder, you are responsible for all the purchases under the terms and conditions of this bidding agreement.
14) Effective January 1, 2022 the Buyer’s Premium on all items purchased in this auction is 20% for live in-house, absentee, and phone bidders. The buyer’s premium is 25% for all internet bidders, including absentee and live online bids.
15) Reserves: Some item(s) in this auction may be offered subject to a reserve, which is a confidential, minimum price, below which the item cannot be sold. No reserve may exceed the pre-auction low estimate as stated in the item description.
16) Any dispute or litigation resulting from the sale of items in this auction will take place in the judicial system in the State of Maine.
Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.
17) Live Bidders: May register to bid any time during auction preview and during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government-issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale.
18) Telephone and Absentee Bidders: May register in person, by fax, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction.
A. These bids should be in our possession by 5:00 PM the day prior to auction in order to be properly processed. NO phone bids will be accepted the day of the auction unless approved by TPAG management. Phone will be accepted on items with estimates greater than $500.00. Bids less than $500.00 must be executed by absentee bid only unless approved by TPAG management.
B. Telephone and Absentee Bids are offered as a convenience to our buyers. TPAG will make a reasonable effort to contact and carry out bids on behalf of its buyers but TPAG will not be liable for failure to do so or for errors or omissions in connection with absentee or phone bids. If we receive identical absentee bids on a particular lot and it is the highest bid, it will be sold to the person whose written bid was received and accepted first.
19) Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company AND TPAG’s Conditions of Sale. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
20) Successful live bidders are expected to pay in full for all purchases immediately following the auction. Buyers must pay the entire amount including the hammer price, buyer’s premium, all applicable taxes and other charges.
21) Successful absentee, phone, and online bidders will be notified of their purchases by email or regular mail within 5 business days of the auction. Payment is due no later than 15 days post-sale. Payment for packing and shipping is a separate charge covered under the “Shipping” section.
22) All payments must be in US Dollars. We accept payments in cash, by personal, business, bank or cashier’s check, Visa, MasterCard, Discover, American Express, and bank wire transfer. For domestic buyers, payments in excess of $25,000 must be made by wire transfer unless otherwise approved. For international buyers, payments by checks drawn on US banks or a wire transfer are the only acceptable methods of payment.
23) No items will leave TPAG until payment is made in full.
24) TPAG reserves the right to hold all merchandise until payments clear our bank.
25) All returned checks will be assessed a $35.00 processing fee.
26) In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
A. If payment is not received 30 days from the sale, there will be a 1.5% per month surcharge added to the total invoice, and;
B. If no credit card is available or if payment has not been received within 30 days, TPAG will pursue alternate collection avenues in order to collect the balance due plus any storage, administrative, collection, attorney and/or court fees.
C. After 30 days from the day of the sale, storage fees will be charged at $50 per item, per month.
D. After 30 days, the warranty no longer applies.
E. If payment in full is not received 45 days from the sale, all ownership rights to any items on a bidder’s invoice are forfeited and the bidder will be responsible for any outstanding amounts including, but not limited to storage and collection fees.
F. Additionally, TPAG may report the buyer’s name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at TPAG and our associated online platforms.
27) The State of Maine sales tax of 5.5% will be assessed on all purchases except when buyer provides a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased). International sales do not include customs or VAT charges.
SHIPPING / PICK-UP / STORAGE FEES:
28) On completion of payment TPAG will help coordinate shipping. Please contact TPAG with any questions.
29) If either someone else other than the buyer, or a shipper other than one represented on the invoice, will be picking up auction items, the buyer must inform us in advance so we may release the items.
30) Shipments will be insured for the full purchase price unless other coverage is requested by the buyer. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and the shipper. Items with gesso surfaces, frames, mirrors, furniture, etc. that exhibit loss/detachment due to normal handling (no obvious signs of neglect or abuse) are exempt from damage claims.
31) If the shipping address is different than the credit card billing address, TPAG will hold shipment for 30 days from the date of payment.
32) TPAG will not alter any catalog descriptions or declare less than the full purchase price on any international customs paper- work. All international customs documents and costs are the responsibility of the buyer.
33) All items must be picked up from our auction facility within 30 days of the sale unless prior arrangements have been made. For items unclaimed after 30 days:
A. Items left at TPAG for more than 30 days will be subject to a storage fee of $50 per item, per month to be paid prior to collection of items.
B. Items left at TPAG over 45 days after the date of sale may, at the sole discretion of TPAG, be re-sold on buyer’s behalf. The above costs of storage, plus any other costs directly related to the items and an auctioneer’s commission of 30% will be subtracted from the proceeds.
C. Items unsold or unclaimed by 180 days from the date of this agreement will become the sole property of TPAG and may be sold or otherwise disposed of without reporting or liability of any sort to the buyer.
34) The inability to choose an acceptable shipping option is NOT a reason for non-payment of an item’s full purchase price.
35) Attention online bidders: Any items won during auction will not be available for pick-up until the second business day after the auction. Please call ahead!
36) Anyone planning to pick up items from TPAG, should call 24 hours in advance to make arrangements.
Kaja Veilleux: ME License # AUC902 Uniform Commercial Code: Maine Uniform Commercial Code, Title 11/ Section 2-328 applies to this auction Maine Auctioneer Rules and Regulations: Regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333
Revised June 2019