Terms and Conditions of Sale
1. Some 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 Boston Harbor Auctions below which the lot will not be sold. A representative of Boston Harbor Auctions will initiate such 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. The reserve should not be considered equivalent or relevant to the Suggested Opening Bid. For more information on a Suggested Opening Bid, please see the end of these terms.
2. Bidding on any item in this sale and catalog indicates your acceptance of the following terms and all other terms printed within, posted and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet or other absentee bid
3. The property in this Sale is sold “as is”. All sales are final.
Boston Harbor Auctions (hereinafter referred to as BHA) has exercised reasonable care to catalog and describe correctly the property to be sold, however, neither BHA, it’s representatives, the auctioneer nor its consignors warrant the correctness of description, attribution, authenticity, or condition of said property. No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only. Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction.Boston Harbor Auctions (hereinafter referred to as BHA) has exercised reasonable care to catalog and describe correctly the property to be sold, however, neither BHA, it’s representatives, the auctioneer nor its consignors warrant the correctness of description, attribution, authenticity, or condition of said property. No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only. Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction. The photographs and descriptions on the catalog pages are for bidder convenience only. The most current, updated catalog is the downloadable, .pdf version located on the Downloads page of the bostonharborauctions.com website. Please see Conditions of Website Use for more information. Condition details are offered a s courtesy to bidders, and are opinions only, not statements of fact, and do not imply any warranty concerning condition, or any assumption of liability. The absence of a condition report does not imply that the lot is perfect or free from wear, flaws, or characteristics of age. Boston Harbor Auctions and Lannan Ship Model Gallery, LLC. are not responsible for errors and/or omissions of condition.4. The highest bidder accepted by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer may determine who is the successful bidder or the auctioneer may re-offer the article in dispute and his decision shall be final.
4. The auctioneer reserves the right to reject any nominal raise or any bid or raise which, in his opinion, is not commensurate with the value of the article being offered. At his discretion, he may also reject any nominal raise or any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole. BHA may refuse to issue bidding privileges to any person not in good credit standing with BHA, or to any person who is deemed by BHA in its sole discretion, to be disruptive of or harmful to established auction practices, either before or after the acceptance of bids or the fall of the hammer.
6. Except as herein otherwise provided, title will pass to the highest bidder as determined by the auctioneer, and the property is thereafter at the purchaser's sole risk and responsibility. BHA is not responsible for any items after the lot has been hammered. Any purchase not removed from the showroom at Sale’s end may be subject to a storage fee of 1.5% of the purchase price per lot.
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, Boston Harbor Auctions. 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 breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
7. Payment is due in full no more than 3 days following the Sale. BHA accepts cash, check, Visa, MC, Amex, & Discover for payments $4,999.00 and under. Online bidders may pay through Paypal after authorization. All payments $5,000 and over must be made in the form of a personal, bank or business check made out to Lannan Gallery.
Boston Harbor Auctions reserves the right to hold all merchandise paid for via check until payment has cleared with the bank. The purchaser agrees to pay BHA & Lannan Gallery a handling charge of $25.00 for any dishonored check. At BHA option, payment will not be deemed to have been made in full until BHA has collected funds represented by checks, or in the case of bank or cashier's checks, their authenticity has been confirmed.
On title passing to the highest bidder acknowledged by the auctioneer, and subject to all the conditions set forth herein, such bidder will thereupon pay the full purchase price (hammer, buyer’s premium, any tax added and/or shipping/handling). A buyer's premium will be added to the hammer price to be paid by the buyer as part of the purchase price. Online bidders will pay a 23%-25% buyer's premium. Buyer’s premium for showroom bidders, phone and absentee bidders is 20% above the hammer price.
8. All purchases are subject to the Massachusetts sales tax (currently 6.25%) unless the purchaser A) possesses a Massachusetts sales tax exemption or resale number and registers that number with the company, B) is an out of state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H 1(5) and Directive 89 10 and registers with the company prior to each purchase, or C) has purchases shipped out of state directly from BHA by a bona fide shipping agent. Dealers, museums, etc. can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation, 100 Cambridge Street, Boston, MA 02204.
Any item removed from the showroom by a person not in possession of a Tax Exempt or Resale Certificate or Federal ID number or one who is not a authentic, registered shipping agent will have their invoice updated to reflect the MA 6.25% Sales Tax Laws. Buyers are responsible for paying State Sales Tax.
9. Delivery, Shipping, Pickup of Items
Boston Harbor Auctions provides packing and shipping options as a courtesy, however, it is ultimately up to the purchaser to coordinate their own shipping if the shipping logistics are beyond the capabilities of BHA.
Buyer Pays Shipping, Packing, Handling and Insurance costs.
It is the buyer's responsibility to have winning lots removed from the showroom within at the time of sale. If a buyer needs assistance we may assist. Boston Harbor Auctions recommends Global Pack Ship 151 Tremont St, Boston, MA 02111. (617) 742-6245.
If winning items require additional handling please email email@example.com with any concerns.
As stated in paragraph 7, any item removed from the showroom by a person not in possession of a Tax Exempt or Resale Certificate or Federal ID number or one who is not a bonafide shipping agent will have their invoice updated to reflect the MA 6.25% Sales Tax Laws. Buyers are responsible for paying State Sales Tax.
BHA is not responsible for the acts or omissions of carriers, whether or not recommended by BHA. We do not ship via the U.S. Post Office unless special arrangements are made. Please allow 4-6 weeks from receipt of payment for delivery.
10. Boston Harbor Auctions and its consignors make no warranty or representation, expressed or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Boston Harbor Auctions expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Boston Harbor Auctions relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Boston Harbor Auctions and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
11. These Conditions of Sale cannot be altered except in writing by BHA or by public announcement by the auctioneer at the time of the sale.
12. Bidding on any article(s) indicates acceptance of the terms set forth above.
13. These Conditions of Sale and any suits arising thereunder shall be construed and governed by the laws of Massachusetts.
SUGGESTED OPENING BID (SOB)
An estimate of a lot is placed with regard to what price the lot will likely fetch. In an ascending open auction it is considered important to get at least a 50-percent increase in the bids from start to finish. To accomplish this, the auctioneer must start the auction by announcing a suggested opening bid (SOB) that is low enough to be immediately accepted by one of the bidders. Once there is an opening bid, there will quickly be several other, higher bids submitted. Experienced auctioneers will often select an SOB that is about 45 percent of the (lowest) estimate. Thus there is a certain margin of safety to ensure that there will indeed be a lively auction with many bids submitted. Several observations indicate that the lower the SOB, the higher the final winning bid. This is due to the increase in the number of bidders attracted by the low SOB. When 50 bidders compete, the winning bid will be about twice as high as when only two bidders compete. * A suggested opening bid should not be a bidder’s guide to a reserve.