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.
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 Butterscotch Auction Gallery, LLC below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Butterscotch Auction Gallery, LLC 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.
Except as provided in paragraph 2 above, 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 is advised to make arrangements with the accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate.
All merchandise purchased must be paid for or removed from the premises the day of the auction. Butterscotch Auction Gallery, LLC may impose, and the purchaser agrees to pay, a weekly interest charge of 3% of the full invoice price of any lot or item lot not paid for within thirty (30) days of the date of sale.
Butterscotch Auction Gallery, LLC may, at their discretion, offer a 3% discount to the buyer’s premium for bidders who pay by cash, certified check, or wire transfer. Personal checks will only be acceptable if credit has been established with Butterscotch Auction Gallery, LLC or if a bank authorization has been received guaranteeing a personal check. Butterscotch Auction Gallery, LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Butterscotch Auction Gallery, LLC a handling charge of $35 for any check dishonored by the drawee.
Butterscotch Auction Gallery, LLC may, at their discretion, accept payment via Visa, Master, or Discover credit cards for invoices totaling under $5,000. Butterscotch Auction Gallery, LLC will only accept cards in person with identification, and will not accept credit cards over the phone, via email, facsimile, or from international clients. Butterscotch Auction Gallery, LLC may deny any request to pay via credit card.
Butterscotch Auction Gallery, LLC may require credit card information to be provided by any person wishing to bid via telephone, absentee, or internet. In the event the purchaser does not provide payment to Butterscotch Auction Gallery, LLC within ten (10) business days from the date of sale, Butterscotch Auction Gallery, LLC may charge the card provided for the full amount owed by the purchaser plus the highest advertised premium.
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 is was the highest successful bidder, Butterscotch Auction Gallery, LLC 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.
In no event will the liability of Butterscotch Auction Gallery, LLC to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.