1. The word "Douglas", wherever used in these Conditions of Sale, means Douglas Auctioneers LLC.
2. Douglas and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property sold (that is, the identity of the creator or the period, culture, source of origin, as the case may be).
All property is sold "as is" and neither Douglas nor the consignor makes any warranties or representations 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, attribution, provenance 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 or representation or an assumption of liability.
3. Notwithstanding the preceding condition, if within twenty-one (21) days of the sale of any lot, the purchaser gives notice in writing to Douglas that the lot so sold is a counterfeit and, if within fourteen (14) days after such notice the purchaser returns the lot to Douglas in the same condition as when sold, and proves beyond reasonable doubt that the returned lot is in fact a counterfeit, Douglas as agent for the Consignor will rescind the sale and refund the purchase price received by them.
4. Douglas reserves the right to withdraw any property at any time before actual sale.
5. If one is unable to attend the sale in person Douglas will execute bids without charge and without responsibility for errors and subject to the Conditions of Sale. Telephone bids are accepted at the sender's risk and must be confirmed by letter or in person prior to the sale (Tel. 413-665-2877)
6. Douglas reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Douglas- sale record shall be conclusive in all respects.
7. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is not of sufficient amount, he may reject the advance.
8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest bidder who, thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore or such part as Douglas may require. All property shall be removed from Douglas by the purchaser at his expense not later than three days following its sale and, if not so removed, may be sent by Douglas to a public warehouse for the account, risk and expense of the
purchaser. If the foregoing Conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Douglas and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Douglas, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and Douglas-deficiency plus all costs, including warehousing, the expenses of both sales, and Douglas- commission at its regular rates and all other charges due hereunder and incidental damages.
9. Unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to reserve and Douglas may bid through its representatives as agent for the Consignor.
10. A premium of 18% will be applied to all merchandise sold, to be paid by the buyer as part of the purchase price for all accounts settled by credit card; buyer's premium is reduced by 3% for accounts settled by cash or check.
11. Unless exempted by law from the payment thereof, the purchaser will be required to pay the Massachusetts State Sales Tax. The rate of such tax is 6.25%.
12. If purchaser pays with a charge card (or debit card), Douglas Conditions of Sale supersede cardholder's agreement with charge/debit card issuer. Invoices are due and payable upon receipt. A late payment charge of 1-1/2% per month (18% per annum) will be charged on any amount outstanding after 30 days.
13. All legal disputes are settled in the Massachusetts Court system.