Conditions of Sale…

1. The lots at the auction will be offered by Dain, Inc DBA Brookfield Auction (hereafter referred to as Brookfield Auction) as owner or as agent for consignor(s) subject to the following terms and conditions.
2. ALL PROPERTY IS SOLD ‘AS IS’ and ‘WHERE IS’ and without recourse, and neither the consignor(s) nor Brookfield Auction make any representations or warranties, express or implied with respect to age, condition, size, count, weight, style, authenticity, genuineness, attribution, origin, quality, quantity, value, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance, manufacturer or any other warranty on any property offered for sale.  The absence of a condition statement does not imply that the lot offered is in good condition.
3. The photo captions, catalog,  search engines, advertising and/or auctioneer’s statements, etc are a courtesy, meant as a descriptive guide only. The buyer is cautioned to use the preview to examine all merchandise using his/her best judgment as to whether or not the photo captions, catalog, search engines, advertising and/or auctioneer’s statements, etc are accurate.  Your bid is a contract.  You bid is acceptance of these Conditions of Sale.
4. Brookfield Auction reserves the right to withdraw, combine, or divide any lot at its sole discretion prior to the commencement of bidding.
5. Brookfield Auction and its consignor(s) make no warranty or representation, express or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Brookfield Auction expressly reserves the right to reproduce any image of the lots sold.
6. Brookfield Auction reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot.
7. The purchase price payable by in-house buyers shall be the sum of the final bid plus a buyer’s premium of 15%. The purchase price payable by phone and absentee buyers shall be the sum of the final bid plus a buyer’s premium of 18%.  All purchases are subject to a 6% Connecticut sales tax. Resale tax numbers from Connecticut and other states are accepted, but the resale tax certificate form must be fully and completely filled out and received prior to time of purchase.
8. All bidding and purchase prices will be in U.S. dollars.  We accept cash, approved checks (with proper identification), Visa and MasterCard. Credit card purchases must be made in-house only (phone and absentee bidders must use check or wire transfer) and we recommend establishing check approval ahead of time for larger purchases as goods may be held until funds clear. We will impose a service charge of $25.00 on any returned checks.
9. All lots may be offered to a reserve, which is the confidential minimum price below which such lot is not to be sold. Reserves are agreed upon with consignor(s) or, in the absence thereof, at the absolute discretion of Brookfield Auction.
10. The auctioneer may open bidding on any lot by placing a bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.
11. Brookfield Auction reserves the right to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has the final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sales, Brookfield Auction sale record shall be conclusive.
12. No auction lot may be removed during the sale or at any time until the full purchase price has been paid. All lots must be so paid and removed at the buyer’s expense the day of the sale or they become subject to a storage fee of $10.00 per item, per day. NO EXCEPTIONS! Absentee and phone bidders must pay for and arrange pick up of their purchases within 5 days of the auction or they become subject to a storage fee of $10.00 per item, per day. NO EXCEPTIONS! Brookfield Auction will not be held responsible for loss or damage to items not picked up the day of the sale.  Items picked up after the sale is FOB our warehouse on Federal Road in Brookfield, CT.
13. If, for any cause, a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen, mis-delivered, or lost prior to delivery Brookfield Auction shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Brookfield Auction will have no liability for any loss or damage to such items.
14. Employees of Brookfield Auction are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public.
15. Brookfield Auction reserves the right to hold purchases until check clears our bank.
16. All measurements and weights are approximate. We are not responsible for typographical errors. Brookfield Auction is not responsible for damage of glass covering paintings, drawings, and other works or frames regardless of cause.
17. Brookfield Auction will not guarantee the authenticity of any signature unless so stated at the time of auction. We will only guarantee the medium in which the particular work is executed. All items are sold “as is.”
18. Brookfield Auction is not responsible for shipping. All shipping is to be arranged and paid for by successful bidder. Brookfield Auction will direct successful bidders to shipping agents or successful bidders may make their own arrangements for pickup and delivery of property.

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