Special Terms
Rich Penn Auctions Conditions of Sale: May 17-19, 2024
1. Once title has passed, the property is at the sole risk of the buyer. Neither the seller nor the auctioneers shall be responsible for loss or any damage to any article due to theft, fire, breakage or any other cause whatsoever, however occasioned. If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check-out, the sale shall be deemed canceled without any liability on the part of the auction company.
2. All property is sold As Is-Where Is and neither we nor the consignor make any guarantees, warranties or representations, expressed or implied, in regard to the property or the correctness of the brochure or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historic relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. We and the consignor make no representation or warranty as to whether the purchaser acquires any reproduction rights in any of the property.
3.Full payment of each purchaser's account must be received at the end of the auction sale or upon check-out. As soon as invoices are sent, using Live Auctioneers Instant Autopay or ProxiBid ATG, the credit card used for registration will automatically be charged the full amount on your invoice. That includes purchases, buyer fees and any local taxes.
4. The title in a purchased lot will not pass until Rich Penn Auctions has received the full purchase price in cleared U.S. Funds. Rich Penn Auctions is under no obligation to release a lot to the winning bidder until the title to the lot has passed. Any prior release does not affect the passing of the title or the winning bidder?s unconditional obligation to pay the full price. The full price is the total of the winning bid, the winning bidder?s premium and any other approved costs.
5. All lots are subject to a 23% buyer's premium. The buyer is responsible to pay all city, state or other taxes due, unless the buyer qualifies as exempt. The buyer is responsible for providing Proxibid/LiveAuctioneers proof of exemption. On lots for shipping, once your payment is processed Rich Penn Auctions will pack your items for shipping. The Shipping Saint will handle logistics and shipping payment. They will receive your paid invoice. They will then contact you by email to make shipping arrangements and process your credit card payment. You will not need to call them or RPA. They will give you the option of shipping or to schedule a pickup. When credit cards are used, no charge-backs are allowed for any reason
5a. After payment of purchases is made via credit card, buyers who have indicated to have lots shipped will be processed in the order of each auction session. Buyers of lots sold over a number of auction sessions or days may experience a delay in having their purchases processed for shipment.
5b. After lots designated for shipping are processed and packed, buyers will receive an invoice from ShippingSaint via email. Rich Penn Auctions takes great care in handling your purchases to ensure that your items will arrive safely. All standard size lots are professionally packed and shipped insured via USPS, FedEx or UPS. Packages valued over $200 will be shipped signature required.
5c. For bidders purchasing a large number of lots or non-standard items, freight or blanket wrap delivery must be arranged by bidder. Rich Penn Auctions may be able to assist with suggestions, using Shipping Saint's White Glove shipping option. For purchasers of automobiles, furniture, machines, or larger oversized or heavy lots, it will be the buyer's sole responsibility to arrange shipping or transportation.
5d. If damage does occur in shipping, all items including: all packing materials, boxes and damaged items need to be retained until the claim is settled or it will be denied and your refund won't be issued.
5e. All purchases are handled in order of payment received. After full payment is made including shipping costs, please allow 2-4 weeks for delivery. Larger items needing freight or special handling may take longer.
6. Prospective bidders should try to inspect the property before bidding to determine its condition, size and whether or not it has been restored, modified, etc. Catalog descriptions include condition information where possible. If you have any questions regarding lots, contact the auction company prior to the auction. IF YOU ARE UNSURE OF A LOT FOR ANY REASON, DO NOT BID. Many items in this auction are intended for display. If items are sold and described as in working condition, that means they did work when sold. Due to the inherent nature and age of these items, if any electronic or mechanical device fails to operate, auctioneer is not liable. No items may be returned for any reason.
7. All bids to be per lot as numbered at the sale site unless otherwise mentioned by the auctioneer.
8. Online bidders MUST complete registration with their preferred on-line host, ProxiBid or LiveAuctioneers. Without registrations complete and approved, you will be unable to bid. Register early to make certain you're approved to bid. Links to the bidding platforms are at www.RichPennAuctions.com.
9. If any form of payment is not honored for any reason (including but not limited to N.S.F., stop payment order, or the like) you agree whether the check is signed by you as the maker or endorser, that if such check, or any action for non payment for any reason is placed in the hands of an attorney for collection, to pay reasonable attorney?s fees incurred, with all costs of suit in event suit is instituted.
10. The highest bidder will be declared the buyer. In all cases of a disputed bid the lot shall be resold, but the auctioneer will use his judgment as to the good faith of all claims. His decision is final.
11. If any employee or agent of Rich Penn Auctions shall pack or transport a bidder's merchandise, it is fully at the risk, responsibility and expense of the purchaser, and Rich Penn Auctions shall not be held liable for any loss, damage or other dispute that may be caused by said agent or employee.
If you fail to make storage or shipping arrangements or to pick up your merchandise within 30 days, you forfeit the merchandise to the auction company.
12. This is a privately owned and operated auction. We reserve the right to refuse admittance or participation to any person, or eject from the auction site anyone selling or attempting to sell their own merchandise.
13. Bidding on merchandise automatically constitutes agreement with these provisions.
14. No transfer will be recognized from one buyer to another. Please watch over your children; you are responsible for any damage you or they may cause.
15. All auction sales will be subject to the laws of the State of Iowa. Any disputes that might arise from this auction must be brought to Iowa for determination.
16. The sale of any firearms will be subject to all appropriate Iowa State and Federal firearms laws.
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