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| June 2008 |
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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 AIDS Support Group of Cape Cod 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. AIDS Support Group of Cape Cod 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. 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, or 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. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have the sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale. All merchandise purchased must be paid for and removed from the premises the day of the auction. 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 it was the highest successful bidder, AIDS Support Group of Cape Cod 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 failed 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 AIDS Support Group of Cape Cod to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. AIDS Support Group of Cape Cod may, in its discretion and at a purchaser's request, package and ship items as directed by the purchaser. In such an event, purchaser agrees that (a) all such packaging, handling and shipping is at the sole risk of the purchaser and that AIDS Support Group of Cape Cod shall have no liability for any loss or damage to such items, and (b) purchaser shall pay in advance, all packaging expenses, including labor, materials and postage and carrier fees, and all insurance charges. Allow two to four weeks for shipping. Bidding on any item indicates your acceptance of these terms and all
other terms announced at the time of sale. |
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