Conditions of Sale
CONDITIONS of SALE
Please Note: Our Conditions of Sale have recently changed
Thomaston Place Auction Galleries (TPAG) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object. We stand behind our descriptions as they relate to authenticity and we believe our warranty is one of the most reasonable in the industry. However, it does come with parameters and it is important that you understand what they are. Please take time to familiarize yourself with what is covered and make your bidding decisions accordingly.
1) It is the bidder’s responsibility to inspect, research, and determine the authenticity of all items on which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by TPAG, are the sole responsibility of the bidder/buyer.
2) If you are not able to make what is a comfortable decision for yourself about an item or if you believe an item may be incorrectly portrayed in our catalog, we suggest that you not bid on it.
3) Items may be considered for return under very specific conditions. It is important that you pay for and acquire your item in a timely fashion. In the event we have made a significant attribution or disclosure of condition error such that there is a major effect on the value of an item, please contact us immediately (within 30 days after the auction.) We will review under the following circumstances:
- The item has been paid for and the buyer has possession of the item.
- The buyer musthave the item reviewed by an independent party who is approved by TPAG, and is a recognized expert within the field of the item in question.
- The expert provides a written report with specific and detailed reasons as to why the item is not as it was represented to be. The written report must be submitted to TPAG.
- Our descriptions include what we deem to accurately portray an item’s general condition. However, opinions about condition can vary and as such, the auctioneer shall make the final determination in the possible event of a refund.
- The timeline for this process is 30 days from the date of the auction. In the event a committee or review board must convene to review the item, TPAG must be notified in order to extend the time beyond the 30 day limit. Otherwise, after 30 days, ALL SALES ARE FINAL.
- Once TPAG has accepted the ruling of the expert/s, the buyer is to return the item to TPAG at buyer’s expense. In order to be eligible for a refund, the item must be returned in the same condition it was when it left our possession.
- In the event a refund is issued, it will be for the cost of the item, buyer’s premium and any sales tax paid. The refund will be in the same form as the payment of the original transaction.
4) Stamps and Coins: All sales are final. There are no returns or refunds for any reason.
5) Timepieces: All timepieces are sold “as-is” and may require servicing.
1) Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who may place bids live on the auction floor, by absentee bid, telephone bid, or online bid. The auctioneer shall acknowledge the top bidder as the winner. Successful bidders must pay in full for any and all lots won. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.
2) The auctioneer has sole discretion and reserves the right to:
- Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.
- Pass/withdraw any items in the auction which do not open at a price commensurate with the items’ value.
- Open the bidding and bid up to, but not exceed, the reserve or opening bid amount on behalf of the seller.
3) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff.
4) Bidding on behalf of others: Unless you are registered as a buyer’s agent prior to the start of the auction and we have written authorization from your buyer naming you as his/her appointed bidder, you are responsible for all the purchases under the terms and conditions of this bidding agreement.
5) Buyer’s Premium on all items purchased in this auction: The buyer’s premium is 17% for live, absentee, and phone bidders. The buyer’s premium is 20% for all internet bidders.
6) Reserves: Some items in this auction may be offered subject to a reserve, which is a confidential, minimum price, below which the item cannot be sold. No reserve may exceed the pre-auction low estimate as stated in the item description.
7) Any dispute or litigation resulting from the sale of items in this auction will take place in the judicial system in the State of Maine.
BIDDING INFORMATION - Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.
1) Live Bidders: May register to bid any time during auction preview, and up to and during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale.
2) Telephone and Absentee Bidders: May register in person, by fax, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction.
3) Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company AND TPAG.
4) Telephone and absentee bids:
- Arrangements for these bids should be in our possession by 5:00 PM the day before auction in order to be properly processed. Bids on items less than $500 must be executed as absentee bids unless otherwise approved. Bids on items over $500 may be executed as either absentee or phone bids.
- Telephone, absentee, and online bidding are offered as a convenience to our clients. In the event that a bid is not executed as was intended by any bidder, neither TPAG nor any of its agents will be held liable for any actual or perceived losses.
- Where the low estimate is $1,000 or greater, we do not accept bids that are less than 50% of the low estimates.
1) Successful live bidders are expected to pay in full for all purchases immediately following the auction, including hammer price, buyer’s premium and applicable sales tax.
2) Successful absentee, phone, and online bidders will be notified of their purchases by email, phone, fax, or regular mail within 5 business days of the auction. Payment is due upon receipt of invoice. Payment for packing and shipping is covered under the “Shipping” section.
3) All payments must be in US Dollars.
4) Attention online bidders: Any items you have won during auction will not be available for pick-up until the first business day after the auction.
5) We accept payments in cash, by personal, business, bank or cashier’s check, Visa, MasterCard, Discover, American Express or PayPal and bank wire transfer. Payments in excess of $50,000 must be made by wire transfer unless otherwise approved. For international buyers, we accept payments by credit card and PayPal and by checks drawn on US banks. For payments over $5,000, wire transfer is preferred.
6) In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
7) No items will leave TPAG until payment arrangements are finalized.
8) TPAG reserves the right to hold all merchandise until payments clear our bank.
2) Buyers are to pay GP&S (or other shipper) directly for their services. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and GP&S or other shipper chosen by the buyer.
3) Shipping will occur after all payments have been made. The shipper will have the most up-to-date shipping and tracking information.
4) Shipments will be insured for the full purchase price unless other coverage is requested.
5) Customers may make their own arrangements with a shipper other than GP&S; however, there may be sales tax implications (see “Sales Tax” section). Your items will be released for shipping once full payment is received.
6) Items left at TPAG for more than 30 days after the date of the auction will be subject to a storage fee of $10 per day/per item unless prior arrangements have been made.
7) The inability to find an acceptable shipping option is NOT a reason for non-payment of an item’s full purchase price.
8) TPAG will not alter any catalog descriptions, or declare less than the full purchase price on any international customs paperwork. All international customs documents and costs are the responsibility of the buyer.
9) If you choose to pick up your property from TPAG, we request that you call 24 hours in advance to make arrangements.
1) The State of Maine sales tax of 5.5% will be assessed on all purchases except when:
- Buyers provide a copy of a valid state-issued resale certificate. The business type must pertain to the item/s being purchased. Or;
- Item/s are shipped outside of Maine by GP&S as our hired shipper or with arrangements made by TPAG.
2) IMPORTANT NOTE: If the buyer makes shipping arrangements with a shipper other than GP&S, or if item/s are picked up at our facility by either the buyer or a designated proxy, the buyer must pay sales tax as required by Maine law.
BREACH OF PURCHASE
1) Buyers must pay in full for any and all lots won at our auctions. If the buyer fails to pay the total purchase price for all items for which he/she was the highest bidder within 30 days from the auction date, TPAG may exercise any and all legal remedies including but not limited to;
- Retaining the services of a collection agency with any collection fees being charged to the buyer.
- Reoffering the bidder’s items at auction without reserve and holding the buyer responsible for any deficiencies and processing fees.
- Reporting the buyer’s name to any auction firm that inquires regarding creditworthiness.
- Restricting the buyer from future bidding at TPAG.
2) All returned checks will be assessed a $25.00 processing fee.
Kaja Veilleux: ME License # AUC902 -- John D.H. Bottero: CAI, AARE, GPPA, ME License # AUC1237
Carol Achterhof: ME License # AUC1517
Uniform Commercial Code: Maine Uniform Commercial Code, Title 11/ Section 2-328 applies to this auction.
Maine Auctioneer Rules and Regulations: Regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333