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ATOMIC PEAR LLC - STANDARD POLICIES & AUCTION TERMS

(1) Acceptance; Binding Contract
Atomic Pear LLC ("Atomic Pear," "we," "us") conducts online auctions including timed auctions through LiveAuctioneers and other permitted bidding channels. By registering, bidding, or purchasing, you ("Bidder/Buyer") agree to these Terms and any applicable LiveAuctioneers/platform terms. Placing a bid is a binding offer; if you win, you are obligated to pay all amounts due.

(2) As-Is Sale; Descriptions; Condition
All lots are sold AS IS, WHERE IS, with all faults. Neither Atomic Pear nor any consignor makes warranties or representations, express or implied, regarding description, genuineness, authorship, attribution, provenance, period, culture, source/origin, condition, merchantability, or fitness for a particular purpose. All catalog statements (including any COA references) are opinions offered in good faith and are not guarantees. Photographs form part of the description; color and condition may appear different depending on lighting/monitor settings. Buyers are responsible for reviewing all images and requesting additional information before bidding. Condition reports, if provided, are a courtesy and not a guarantee. Normal wear consistent with age/use should be expected.
Time-limited claims: Any claim that an item is materially misdescribed (including authenticity/attribution/provenance) must be submitted in writing within 7 days of delivery or pickup, with supporting documentation. If no written notice is received within this period, the Buyer waives such claim.

(3) Winning Bids; Payment; Non-Payment
A winning bid is a binding obligation to pay the full invoice amount (hammer price plus buyer's premium, taxes where applicable, shipping/handling if selected, and any platform fees).

(4) Auctioneer Discretion; Errors; Disputes
Atomic Pear reserves the right to: withdraw lots; correct catalog errors and clerical mistakes; refuse, revoke, cancel, reject or rescind any registration or bid; reopen bidding; determine bid increments; resolve disputes; and re-offer a lot if necessary. In the event of any dispute, Atomic Pear's and/or the platform's sale record shall be conclusive. Atomic Pear is not responsible for internet latency, data lag, platform outages, or missed bids due to technical issues.

(5) PAYMENT POLICY
Accepted payment methods: LiveAuctioneers Payments, major credit cards, wire transfer (required for high-value invoices), and other methods approved in advance. Personal checks are accepted only if credit has been established with Atomic Pear or if bank authorization guaranteeing the check is received. Merchandise paid by personal check may be held until the check clears. A $75.00 handling/processing fee applies to any dishonored check.
Invoice & payment deadline: Atomic Pear will contact Buyers within three (3) days after the auction ends. Payment in full is due upon notification/invoice and must be completed no later than three (3) days after the invoice is received.
Wire transfer requirement: We reserve the right to require wire transfer for invoices over $2,000 and/or for first-time buyers, or high-value invoices.
Late payment / interest: Atomic Pear may charge 1.5% monthly interest on any balance remaining fifteen (15) days after invoice issuance.
Authorization to charge card on file: If payment arrangements have not been made within three (3) days of invoice issuance, Atomic Pear reserves the right (where permitted by platform rules and law) to charge the credit card used to register for the auction for the full invoice amount.
Default / non-payment: Any lot not paid within three (3) days may be canceled and relisted/resold. Non-paying buyers may be blocked from future auctions and a dispute may be filed through the platform. Atomic Pear may pursue permitted remedies, including recovery of fees, losses, and costs. Administrative fees and/or restocking/resale fees may apply where allowed.
Chargebacks: Unauthorized chargebacks are a breach of these Terms. Please contact Atomic Pear first so we can resolve issues promptly.
Sales tax: Sales tax will be collected when required by law based on the ship-to address and applicable exemptions. Tax-exempt buyers may submit a valid exemption certificate through LiveAuctioneers.
Title: Title passes only after cleared payment in full has been received.

(6) SHIPPING & PICKUP POLICY (NO IN-HOUSE SHIPPING)
Shipping responsibility: All shipping charges are borne by the Buyer. Atomic Pear does not offer in-house shipping at this time. LiveAuctioneers may add shipping charges to your invoice if you select LiveAuctioneers Shipping.
Available options (as shown on the listing):
1. LiveAuctioneers Shipping (if eligible/available), and/or
2. Arrange Your Own Shipping, and/or
3. Free Local Pickup (Appointment Only)
Because we handle a high volume of lots and do not provide in-house shipping, please allow 7-10 business days after cleared payment for order processing and release to any shipper (including LiveAuctioneers Shipping or a carrier arranged by the Buyer). This handling window covers locating, consolidating, and preparing items for pickup; it is not a carrier transit estimate. Shipper pickup schedules are controlled by the shipping provider, and occasional delays may occur due to volume, weekends/holidays, weather, or carrier availability.
Shipping address: To avoid shipping delays, please provide a physical shipping address at checkout and ensure it is correct. Questions: email info@atomicpear.com and reference your invoice number.
Pickup - Appointment Only
Pickup is by appointment only and requires 24-hour notice. Items are released only after cleared payment and presentation of valid ID by the Buyer or an authorized agent.
Order readiness: Because Atomic Pear processes a high volume of lots, most orders are typically ready for pickup within 5-7 business days after auction close (some fragile/multi-lot orders may require 7-10 business days). Pickup appointments are scheduled in the order requests are received; limited appointment availability may require dates beyond the stated windows.
Local pickup buyers are responsible for NY sales tax unless they have a valid exemption on file.
Removal deadline; storage; abandonment
Items must be removed from our facilities within ten (10) days of the end of the auction unless an extension has been arranged in writing. Items are stored at the Purchaser's risk.
A storage fee of $10.00 per day, per item may be assessed if items are not removed within the stated timeframe, regardless of size or value.
Unless prior written arrangements have been made, any item left in our facilities for more than ninety (90) days may, to the extent permitted by law, be deemed abandoned. Before resale/disposal, Atomic Pear may provide notice to the email and/or mailing address on file. If the item is sold, storage and processing fees will be deducted and any remaining balance will be mailed to the address on file (where permitted by law and platform policy).
Shipping risk / damage
Atomic Pear is not responsible for damage or loss due to shipping. Buyers are encouraged to insure shipments and retain all packaging materials for any carrier claim.
International buyers
Buyer is responsible for all duties, taxes, VAT, tariffs, brokerage, and import/export compliance (including CITES/endangered materials rules where applicable). Delays or denial of import/export permissions do not cancel the obligation to pay.

(7) Risk of Loss; Release
Risk of loss transfers to the Buyer upon pickup by the Buyer (or the Buyer's agent) or upon transfer to any carrier/shipping provider acting on the Buyer's behalf, whichever occurs first.

(8) Buyer's Premium; Taxes; Platform Fees
Buyer's premium and any platform fees are as stated on the LiveAuctioneers listing and are part of the purchase price. Sales tax is applied as required by law and/or collected by the platform based on the ship-to address and applicable exemptions.

(9) Limitation of Liability
To the maximum extent permitted by law, Atomic Pear's liability to any bidder/buyer for any claim related to a lot is limited to the hammer price actually paid for that lot. We are not liable for indirect, incidental, or consequential damages.

(10) Intellectual Property
Purchase does not convey copyright or reproduction rights. Atomic Pear reserves the right to reproduce and display images of lots for marketing, promotional, and archival purposes.

(11) Governing Law; Venue; Updates
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Buyer agrees that any action arising from or relating to these Terms or any sale shall be brought in the state or federal courts located in Erie County, New York, and Buyer consents to personal jurisdiction and venue there (unless the platform's dispute process requires otherwise). Atomic Pear may update these Terms at any time; continued participation constitutes acceptance of updates.

(12) Contact
Questions about lots, pickup scheduling, or shipping coordination: info@atomicpear.com.