Terms and Conditions:
Terms & Conditions of Sale
1. All property is sold AS IS/WHERE IS and all sales are final. While the Auctioneer will, to the best of his ability, describe the items for sale, there are no warranties, expressed or implied, that the property offered for sale is what it is described to be by the Auctioneer or the catalog. The bidder is solely responsible for determining the age, size, condition and value of the property before bidding. Neither the Auctioneer nor the Consignor will be held responsible for any descriptions of the rarity, quality, condition, size, importance, or provenance of the property, and no statement, whether oral or written, by the Auctioneer or by any representative of Kaminski Auctions shall be deemed a warranty or representation regarding the property offered for sale.
2. The buyer’s premium on property purchased will be in the amount of 20% of the final bid price, if the bid is places live, by telephone or by absentee ballot. Online bids are subject to 25% buyer’s premium.
3. The Auctioneer, at his sole discretion, reserves the right to reject any opening bid, which he feels is unacceptable or too low. The Auctioneer also reserves the right to withdraw any property before the sale.
4. The highest bidder acknowledged by the Auctioneer will be the purchaser. In the event of a dispute between bidders, or, in the event of doubt on the Auctioneer’s part as to the validity of any bid, the Auctioneer will have the final discretion to determine the successful bidder, or the choice to re-offer and sell the property in dispute.
5. Once the Auctioneer announces the word ‘Sold’, title to the property will immediately pass to the highest bidder acknowledged by the Auctioneer. Once title to the property has passed to the highest bidder, such bidder (a) assumes all risks and responsibilities for protecting and securing the property (b) will pay the full purchase price plus buyer’s premium.
6. If there is a reserve (minimum amount requested by consignor) on any item and a bid does not meet minimum reserve amount, the auctioneer has the right at his sole discretion to void any and all sales/bids on that particular item.
7. Payment: All items purchased in person must be paid for on the day of the sale. All items purchased via absentee, phone or internet bidding must be paid for within 7 business days after the auction. If payment has not been received within 7 days the credit card on file will be charged. Kaminski Auctioneers will invoice all winning bidders within 72 hours of said auction. Kaminski Auctioneers reserves the right to hold items paid by check until the check clears. There is a handling charge of $25.00 for dishonored checks. The Auctioneer reserves the right to impose a storage fee of $10.00 per day per lot commencing on the 14 days after the auction for any property not paid for and/or removed from the premises. ALL PROPERTY STORED IS AT THE RISK OF THE PURCHASER.
8. All purchases are subject to 6.25% Massachusetts sales tax unless purchaser has Massachusetts sales tax exemption number. Items shipped or mailed out of the state of Massachusetts are exempt from Massachusetts sales tax. Any item(s) to be picked up on location in Massachusetts by the bidder with be subject to appropriate state sales tax.
9. All terms and conditions of sale are governed in accordance with the laws of the state of Massachusetts.
10. Kaminski Auctions will provide the names of local shippers with whom the purchaser may deal directly. Payment must have been received and checks cleared prior to the release of property for shipping. Kaminski Auctions will provide delivery to local areas for a fee of $185.00 for transit by van, or $275.00 for transit by truck. Transit outside of a 30 mile radius is subject to additional hourly charges. Kaminski Auctions can not ship ivory internationally.
11. On purchases exceeding $5,000.00 paid for by business or personal check, and not by cash or certified funds, the Auctioneer reserves the right to retain possession of the merchandise until the personal/business check clears our account.
12. Bidding on any items indicates your acceptance of these terms and conditions of sale.