Conditions of Sale
For any further instructions or help with the bidding process, please see bostonharborauctions.com
- Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction.
- Property is sold AS IS.
- BHA has exercised reasonable care to catalog and describe correctly the property to be sold, however neither BHA, it's representatives, the auctioneer nor it's consignors warrant the correctness of description, attribution, authenticity, or condition of said property.
No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only.
- The absence of a condition report does not imply that the lot is perfect or free from wear, flaws or characteristics of age. BHA is not responsible for errors or omissions of condition. Condition details are offered as a courtesy to bidders and are opinions only, not statements of fact and do not imply any warranty concerning condition or any assumption of liability.
- All Sales are final.
- You (the bidder) acknowledges that bidding in our live auction serves as acceptance of these terms and is irrevocable, cannot be amended or corrected. You accept full liability for your bids submitted via your online bidding account. This includes the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is subject of a successful bid submitted by your account.
- Boston Harbor Auctions (BHA), Lannan Ship Model Gallery, LLC (LSMG)and it's suppliers accept no liability for any failure or delay in executing bids or any errors contained in bids placed via the online bidding service. BHA, LSMG and it's suppliers provide the internet bidding service and their respective websites without any warranty or condition, expressed, implied or statutory.
We accept no liability in any failures, delays or errors caused by interruptions in the availability of the online bidding service or our website or any errors or defects in their content or functionality, any software and/or hardware defects (whether yours or ours) and/or any internet connection problems (whether yours or ours).
We do not represent or warrant that the online bidding service or the website will be error-free, free of viruses or other harmful components or that any defects will be corrected.
The highest bidder accepted by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer may determine who is the successful bidder or the auctioneer may re-offer the article in dispute and his decision shall be final.
- Except as herein otherwise provided, title will pass to the highest bidder as determined by the auctioneer and the property is thereafter at the purchaser's sole risk and responsibility. BHA is by no means responsible for any purchases left after the lot has been hammered.
- Some of the lots in this sale are subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and BHA below which the lot cannot be sold. The reserve should not be considered equivalent or relevant to the Suggested Opening Bid. The auctioneer reserves the right to reject any bid or raise not commensurate with the value of such lot.
Bidding on any article(s) indicates acceptance of the terms set forth above.
- All registrants are responsible for understanding the terms and conditions of sale prior to the time of sale including the bidding process and the auction process itself.
- These conditions of sale and any suits arising thereunder shall be construed and governed by the Laws of Massachusetts.
These conditions of sale cannot be altered except by a BHA representative or by public announcement by the auctioneer at the time of sale.
BHA will exercise all of it's rights and remedies under the law for any unpaid lots passed to the highest bidder for any reason. There is a 28 percent buyers premium added to all lots
Buyers Premium
The buyer's premium on property purchased will be in the amount of 28% of the final bid price.
Bidding
Bidding on any items indicates your acceptance of these terms and conditions of sale.
Only serious bidders shall place bids and all bidders are responsible for their purchases and the conditions of this sale.
Boston Harbor Auctions is not responsible for any error or omission. Bidders are required to exercise due diligence when bidding.
Condition
The absence of a condition statement does not imply that a lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Condition requests can be obtained via email or by telephone to the appropriate location or by phone 617 451 7447 Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. BHA shall have no responsibility for any error or omission.
Payment Terms
Payment
Payment is due in full at the end of the Sale.
On title passing to the highest bidder acknowledged by the auctioneer, and subject to all the conditions set forth herein, such bidder will thereupon pay the full purchase price. Payment in full is due at the time of sale. In addition, the purchaser may be subject to one or more of the following actions: a) Any and all legal remedies available to BHA and its consignors by law including without limitation the right to hold the purchaser liable for the total purchase price; b) Immediate cancellation of the sale, with BHA retaining as liquidated damages all payments made by the purchaser; c) Resale of the property at public auction, wherein the original purchaser shall be liable for any deficiency, costs, and BHA commission on both sales. At BHA option, payment will not be deemed to have been made in full until BHA has collected funds represented by checks, or in the case of bank or cashier's checks, their authenticity has been confirmed.
Payment can be made in the form of Visa, Mastercard, American Express, Discover, Paypal, checks or cash.
A buyer's premium will be added to the hammer price to be paid by the buyer as part of the purchase price. A discounted premium is offered to bidders who pay via check or cash. There is a handling charge of $25.00 for dishonored checks. The Auctioneer reserves the right to impose a storage fee of $10.00 per day per lot commencing on the 8th day after the auction for any property not paid for and/or removed from the premises. ALL PROPERTY STORED IS AT RISK OF THE PURCHASER.
On purchases exceeding $2,000.00 paid for by business or personal check, and not by cash or certified funds, Boston Harbor Auctions reserves the right to retain possession of the merchandise until the personal/business check clears our account.
Shipping
Delivery, Shipping, Pickup of Items
Boston Harbor Auctions provides packing and shipping options as a courtesy, however, it is ultimately up to the purchaser to coordinate their own shipping if the shipping logistics are beyond the capabilities of BHA.
Buyer Pays Shipping, Packing, Handling and Insurance costs.
It is the buyer's responsibility to have winning lots removed from the showroom within 2 weeks of the sale.
See bostonharborauctions.com for shipping recommendations.
Any item removed from the showroom by a person not in possession of a Tax Exempt or Resale Certificate or Federal ID number or one who is not a bonafide shipping agent will have their invoice updated to reflect the MA 6.25% Sales Tax Laws. Buyers are responsible for paying State Sales Tax.
BHA is not responsible for the acts or omissions of carriers, whether or not recommended by BHA. We do not ship via the U.S. Post Office unless special arrangements are made. Please allow 4-6 weeks from receipt of payment for delivery.
If said articles have not been paid for, see paragraph 7 above.
Packing
Purchasers are advised that packing and/or handling by BHA employees is undertaken solely as a courtesy for the convenience of customers. In the case of fragile articles, it will be undertaken at the sole discretion of the company. Handling and packing by BHA is at the risk of the purchaser. Payment must have been received and checks cleared prior to the release of the property for shipping.
Sales Tax
Sales Tax
All purchases are subject to the Massachusetts sales tax (currently 6.25%) unless the purchaser A) possesses a Massachusetts sales tax exemption or resale number and registers that number with the company, B) is an out of state vendor who meets all the requirements of Massachusetts Department of Revenue GLC 64H 1(5) and Directive 89 10 and registers with the company prior to each purchase, or C) has purchases shipped out of state directly from BHA by an authentic shipping agent. Dealers, museums, etc. can apply for a Massachusetts number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation, 100 Cambridge Street, Boston, MA 02204.
Any item removed from the showroom by a person not in possession of a Tax Exempt or Resale Certificate or Federal ID number or one who is not a bonafide shipping agent will have their invoice updated to reflect the MA 6.25% Sales Tax Laws. Buyers are responsible for complying with MA State Sales Tax Laws.
