Broken Arch Auction Gallery 1098 Newstock Rd Weaverville, NC 28787 NCFL #9399 TERMS OF SALE 1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Broken Arch Auctions or by any seller represented by Broken Arch Auctions . 2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. Employees of Broken Arch can bid at our auctions in the same manner as the public. The auctioneer can bid on the behalf of the seller. 3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying sold. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion. 4. Payment must be made by cash, approved check, wire transfer, or MasterCard, Visa, Discover and American Express credit cards. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a buyer's number or to withhold merchandise if appropriate credit has not been established. We require wire transfers for international buyers. First time buyers will be required to pay by wire transfer or cashiers check. 5. Payment is expected at time of purchase. Payment for successful absentee, phone bids and online bids are required within five business days of the auction. Bidding on an item indicates the client?s acceptance of our Terms of Sale. 6. We are pleased to offer absentee and phone bidding for prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. We can accept written absentee bids submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. All phone bids will open at $100 Broken Arch Auctions shall have the right to withdraw any item at any time for any reason and to default any sale in the event of an error or dispute. 7. In the case of identical absentee bids, the bid received first will prevail. Bids left on liveauctioneers.com are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 100 lots per hour. 8. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above. 9. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees and insurance charges. At our discretion, items will taken to the local UPS store or shipping venue of your choice. Please allow two weeks for shipping after payment is received. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. Broken Arch will have no liability for any loss or damage to shipped items. 10. Note to internet absentee bidders. We do not accept cut bids, (bids less than the last interval) from the floor or from phone bidders, and we do not accept them from internet bidders. Thus it is possible that a lot could go to another bidder for less than your absentee bid. For example, if the bids are progressing in ten dollar increments, $50, $60, $70 and your absentee falls at $75, we will not take the bid since it is less than the $10 interval. We always encourage bidders to bid by phone or to leave absentee bids through our to avoid such a situation. 11. All purchases are subject to applicable North Carolina sales tax unless the North Carolina Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. 12. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Broken Arch Auction may seek all remedies under the law including canceling the sale and reoffering the property without reserve. 13. A buyer?s premium will be applied to the purchase price of all items: Buyer Premium are as follows 20%....Liveauctioneers with cash, check or wire transfer 23%....Liveauctioneers with MasterCard, Visa, Discover and American Express credit cards 14. Purchased items not picked up from our auction facility within 5 business days of the auction will be assessed a storage fee of $5.00 per day, per item. You authorize us to re-sell on your behalf any item not picked up within 30 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20%, will be subtracted from the proceeds unless other arrangements have been made with Broken Arch Auction. The minimum charge will be $50. The net proceeds will be mailed to your address as stated herein in full and final settlement of our obligations to you. 15. Export and Permits - It is the purchaser's sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the lot. Any symbols or notices in the sale catalogue reflect Broken Arch Auction reasonable opinion at the time of cataloguing and are for bidders general guidance only; Broken Arch Auction and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. 16. Due to the embargo on Persian carpets, international shipping is not available. 17. Broken Arch Auction makes no warranty or guarantee whatsoever regarding the jewelry, its colored stones, diamonds, other gem materials, or metals, or as to their status as natural, treated, earth mined, manmade or other. Appraisals, descriptions, photographs, are offered as a service and are not intended to be a complete analysis of the qualities and conditions of the jewelry. All identifications, information, weights, quality, cut, value and other estimates, are opinions, limited by examination and grading the mountings, the condition and cleanliness of the items. All gems, colored stones, diamonds, cultured or natural pearls, fresh water, south sea, Tahitian pearls, and other materials used in jewelry, may be enhanced by a variety of treatments.Broken Arch Auction makes no warranties or guaranties that any clock or watch is in working order. 18. Online registration and bidding approval is done at the sole discretion of the auction house. We recommend that online bidders sign up at least 24 hours in advance of the auction to allow for time to complete the approval process. We make no guarantees that new online bidders who register within 24 hours of the sale will be approved for bidding. After signing up to bid, new online bidders may receive a message requesting additional information; we cannot approve any client without the requested information. First time participants bidding through any online platform will be limited to a maximum of $25,000 total in cumulative bids. Parties who wish to bid on premium lots may be asked to submit a deposit by wire transfer. Correspondence between prospective clients and the Auction House must be established directly with Broken Arch Auctions through phone, fax, or one of the relevant email addresses. We make no guarantee that we can respond to requests submitted through third party messaging systems. Due to the high volume of inquiries made within 24 hours of the sale, we make no guarantee that clients who contact us during this period will receive a response. We will make every effort within reason to accept and process bids from online participants. Broken Arch Auction will not accept liability for any bids missed due to clerking issues, operator error, equipment failure, connection delays, communication lapses, or technical malfunctions of any nature. 19. Any items paid for but not picked up or scheduled for delivery 30 days from the sale date WILL BE SOLD FOR STORAGE.