(160) Fortessa 10" Dinner Plates

Auctioneer's Terms and Conditions

TERMS & CONDITIONS:  18% BUYER'S PREMIUM FOR ONLINE BIDDERS PAYING CASH AT PICK-UP.  ADDITIONAL 3% Surcharge for payment by Credit Card. Wire Transfer payment available.  Please contact Accounting for additional payment methods.

A $200 Credit Card Deposit by Visa, MasterCard, AMEX, or Discover is required prior to bidding online. Final payment to be made by Cash, Credit Card (3% Surcharge) or Wire Transfer. This $200 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold on your $200 will be lifted within 24 hours after the completion of the auction.

IMPORTANCE OF TERMS

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 Avenue Auction Sales (AAS)/Stanley J. Paine Co., Inc. (Paine) below which the lot will not be sold. A representative of AAS/Paine will execute 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.

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, of 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. 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 or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $100,000 should make arrangements with the accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate. 

4. All merchandise purchased must be paid for and removed not later than the date specified in the Auction Catalogue and/or announced at the sale. No Lot can, on any account, be removed during the sale. AAS/Paine may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within thirty-five (35) days of the date of sale. 

AAS/Paine shall have no liability for any damage or loss to property left on its premises for more than seven (7) days from the date of sale. If any property has not been removed within seven  (7) days from the date of sale, at the option of AAS/Paine (a) AAS/Paine 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 within the three days, and/or (b) AAS/Paine may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser. 

5. 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, AAS/Paine 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. 

6. In no event will the liability of AAS/Paine to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 

7. Removal shall be at the expense, risk, and liability of the successful Bidder. Purchases will be released only on presentation of paid invoice. Auctioneer shall not be responsible for Lots not removed within the time allowed, but Auctioneer shall have the option to remove and store at the expense and risk of the successful Bidder any article purchased, but not paid for and removed within the time required. 

Shipping and rigging is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots. 

8. All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. All purchases picked up in Massachusetts are viewed as taxable by the Commonwealth of Massachusetts. If you will be picking up in Massachusetts, you must register with the Commonwealth at MassTaxConnect (https://www.mass.gov/how-to/register-your-business-with-masstaxconnect) and supply us with your completed Massachusetts Resale Certificate. The state of Massachusetts does not recognize resale certificates from other states. If you plan to use an MC/DOT carrier to ship out-of-state (other than to FL, NY, MA or ME) or out of the country, your purchase is tax-exempt. 

9. Bidding on any item indicates your acceptance of these 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. 

10. AAS/Paine and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. AAS/Paine 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 AAS/Paine relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of AAS/Paine and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 

11. These conditions of sale shall be governed by the laws of the Commonwealth of Massachusetts (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against AAS/Paine in connection with the transactions contemplated by this agreement shall be brought, in the courts of the Commonwealth of Massachusetts or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. 

12. (a) AAS/Paine offers internet services as a convenience to our clients, but AAS/Paine will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and AAS/Paine does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity (b) Neither the seller nor AAS/Paine (nor any of their officers, employees or agents) is responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, AAS/Paine nor any of its officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. (c) Neither the seller nor AAS/Paine (nor any of their officers, employees or agents) is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority. (d) In addition to the other rights of cancellation contained in this agreement, AAS/Paine can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation. 

13. The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of AAS/Paine, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.