Autumn Elegance: Fashion & Textile Auction

This is a public auction sale ("Auction Sale") conducted by Augusta Auction Company. Bidding in this Auction Sale constitutes acceptance by you ("Bidder") of all the Terms and Conditions of Auction Sale stated herein. The offering and sale of Consignor property by Augusta Auction Co. is subject to the following conditions of sale. Bidders shall have no recourse against the Consignor for any reason whatsoever. CONDITIONS OF SALE: The following Conditions of Sale constitute the entire agreement with the purchaser relative to the property listed in this catalog. By participating in this sale, By registering, bidders acknowledge that they are bound by these terms and conditions. AGENT FOR SALE OF PROPERTY: Unless otherwise stated, Augusta Auction Co. is acting as an agent of the consignor for all property in this catalog offered for sale. The consignor may either be the owner of the Property or an agent for the owner. LOT CONDITION/DESCRIPTION: All photographs in the web catalog are of the actual lots being sold. As a service to prospective purchasers, certain lots describe physical condition. The fact that damages, repairs, restorations or other defects are noted for certain lots does not preclude the presence of any other defects which have not been described. We urge prospective purchasers to inspect all property prior to bidding. The lots condition is stated within the item description. The condition key is as follows: Pristine: Near perfect. No evidence of wear. No visible flaws. Excellent: Gentle wear or minor damage, easily repairable. Good: Garment is sound. Visible repair or in need of repairs. Fair: Significant evidence of wear or damage. Poor: No longer intact. Usable for salvage or recycling of parts. The Auction House has attempted to fully describe the lots in this catalog but makes no representation or warranty with respect to the correctness or completeness of the catalog or of the descriptions of condition. Requests for additional information regarding any lot should be made at least (4) four days prior to the sale by sending an email to contact@augusta-auction.com stating the lot number(s) and the specific questions regarding each lot. Neither Augusta Auction Co. nor the consignor shall be liable for damages or otherwise with respect to incorrect or incomplete information. AS IS: All property is sold "as-is, where-is" and neither Augusta Auction Co. nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value. In no event shall they be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements, if provided, are approximate. The Auction House and the Consignor are not responsible for errors and omissions in the catalog, glossary, or any supplemental material. ABSENTEE AND INTERNET BIDDING: As a convenience to customers who cannot be present at this sale, we will execute order/absentee bids or allow bidding on behalf of absentee customers or purchase of auction lots. Absentee bids and phone bids will be executed by Augusta Auction Co. personnel in a competitive and confidential manner. Phone bid arrangements must be made at least 12 hours prior to start of the auction. The Auction House is not responsible for any errors or omissions, or failure by customer to purchase any lot as a result of bidding through absentee, phone or live auction bidding. This Auction will move quickly. Attending the sale in person will reduce the risk of missed bids caused by power outages, Internet connectivity or any possible technological difficulties. All winning bids must be confirmed directly by Augusta Auction Co. in order to be valid. Notifications received through the Live Auctioneers system are not final or binding until confirmed by Augusta Auction Co. The Auction House will make every effort to ensure that online Bidders are treated equitably, accurately and identically to those from other venues. However, due to the unique features of online bidding, there is no guarantee that the item will not sell to another Bidder for less than your last intended bid due to internet traffic, or other delays outside of our control. The Auction House accepts no liability for failure of the Internet, FAX, phone or failure by any email to reach its destination within the expected time or at all. The Auction House and the Auctioneer have the sole and exclusive power, discretion, and authority to regulate the bidding and its increments. PRE-REGISTRATION: You must pre-register with the Auction House in order to bid using the bidding service, telephone bid or arrange to be an absentee bidder. All Bidders not in attendance must have a valid credit card on file with Augusta Auction Co. with sufficient funds available to process all successful bids, including buyer's premiums and shipping/handling fees. BUYERS PREMIUM: A buyer's premium of 25% will be added to the hammer price of all lots. PAYMENT: All items purchased online must be paid for in full within 21 days of invoicing, in (a) cash or travelers check, (b) cashier's check, certified check or money order payable in U.S. funds through a bank in the United States (c) Visa, MasterCard, Discover, American Express card, PayPal or (d) personal or business check drawn on a bank in the United States, pre-authorized by Augusta Auction Co. at least two (2) days prior to the sale No article can be removed from the premises or shipped before full settlement is made. Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor's assigns, as the case may be, until the lot is paid for in full by Bidder. The foregoing notwithstanding Auction House shall not be obligated to store or remove purchaser's property. Auction House reserves the right, after 21 days, to impose a late charge of 1.5 �% per month (18% APR) on any sums due from purchaser pursuant to this agreement. Auctioneer retains the right to offer the property for sale to another party. If any of the conditions of sale are not complied by purchaser, in addition to any other remedies available to Auction House and Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, Auction House, at its discretion, may (a) cancel the sale, retaining as liquidated damages any payments made by purchaser; or (b) resell the property at public auction, without reserve, and the purchaser will be liable for any deficiency, costs, handling charges, expenses of both sales, commissions on both sales, all other charges due, and any incidental or consequential damages suffered by the Auction House or Consignor. In addition, a defaulting purchaser will be deemed to have granted to Auction House and Consignor a security interest in, and Auction House and Consignor may retain a collateral security for such purchaser's obligation, any property in Auction House's possession owned by such purchaser regardless of when Auction House acquired such possession. Auction House shall have all of the rights afforded by a secured party under the New York Uniform Commercial Code with respect to such property and Auction House may apply against such obligation all monies held or received by Auction House for the account of, or due from Auction House to such purchaser. At Auction House's option, payment will not be deemed to have been made in full until Auction House has collected funds represented by checks, or, in the case of bank or cashier's checks, until Auction House has confirmed their authenticity. Failure To Pay, Pick-up or Arrange for Delivery; Abandoned Property; Storage: If you (the bidder) fail to pay for your purchase(s) within the timeframe provided, you will be deemed to have abandoned any interest in the Lot(s). You will remain liable for payment of the Contracted Price. Unpaid Lot(s) may be retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), plus the costs incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against you for the Contracted Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Subject to applicable law, beginning Twenty-one (21) days after the Auction concludes, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Ten Dollars ($10.00) per week, per lot, will accrue, and Auctioneer will have the right to execute a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges, should the bidder default. If you are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), you fail to pay for or arrange shipping, pick-up, or otherwise fail to remove such Lot(s) within Forty (40) days after the Auction, you will be deemed to have abandoned such Lot(s), and any interest therein, to Auctioneer, and you will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to Auctioneer may be retained by Auctioneer, sold at a subsequent auction, or otherwise disposed of. You will not be entitled to any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning twenty-one (21) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not being picked-up or otherwise removed, a storage charge in the amount of Ten Dollars ($10.00) per week, per lot will accrue, and Auctioneer will have the right to a possessory lien against such Lot(s) that may be executed in order to satisfy such storage charges. TAX: All purchases are subject to Vermont sales tax of 6% unless the purchaser possesses a valid sales tax exemption number, or the item(s) is being shipped out of state. A recent Supreme Court ruling requires that purchases shipped from our Vermont location may be subject to applicable use tax of another state or foreign country. Invoices to purchasers may have appropriate sales tax added to their invoice unless they have filed a sales tax exemption form with Live Auctioneers or with the Auction House prior to the sale. On any tax not paid by Bidder which should have been paid, even if not collected by Augusta Auction Co. by mistake, error, or negligence, Bidder agrees to promptly pay the same on demand together with any interest or penalty that may be assessed. Exemption numbers from participating states are per state tax codes. Tax numbers must be registered at the time a Bidder number is issued. Signed documentation may be required to qualify for tax exemptions. PACKING/SHIPPING/INSURANCE: The cost of packing and shipping of purchased lots is the responsibility of the purchaser. We have added personnel to our staff to pack and ship lots purchased by on-line Bidders. A fee of $15 ($25 for international shipments where customs forms are required) is charged for packing & handling of each lot. In addition, the actual cost of shipping & insurance will be charged to your account or invoiced to you. All shipments are sent via UPS, FedEx or the United States Postal Service and insured for the hammer price. Lots won by successful online Bidders will be shipped automatically to the address provided on your auction registration form once shipping and packaging fees are paid. The total cost will be charged to the credit card on file or paid directly to the Auction House. Due to the volume of shipping anticipated after the sales event, packing and shipping may require up to fourteen (14) business days from receipt of cleared payment. Once the package has been shipped, any shipping related issues or claims are between the shipper and the purchaser. Augusta Auction Co. shall not be responsible for any acts or omissions in the packing and shipping of purchased lots. PER LOT: Unless otherwise announced by the Auction House, all bids are per lot as numbered in the catalog. Bids are for the entire lot and each lot constitutes a separate sale. No lot will be broken up unless otherwise permitted by the Auction House. Lots will be sold in their numbered sequence unless Auction House directs otherwise. GOVERNING LAW AND JURISDICTION: These Conditions of Sale and Terms of Guaranty, as well as the purchaser's and our respective rights and obligations, shall be governed by and construed and enforced in accordance with the laws of the State of Vermont. By bidding at the auction, whether present in person or by agent, order bid, telephone or Internet bid, the purchaser shall be deemed to have consented to the jurisdiction of the state courts of Vermont. If any section of these Terms and Conditions of Auction Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. LIMITATION OF LIABILITY If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the purchaser, our liability shall be limited to the Hammer Price of a lot provided that the transaction has completed. If there has been no completion, Augusta Auction Co. accepts no liability to the buyer.