Conditions Of Sale
By registering to bid or placing a bid or by buying in person at our estate sale you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Massachusetts law will apply to all legal disputes.
This Bidder Agreement ("Agreement") is made between Kenneth Brooks au. 3280 dba KR. Brooks auctions ("KR. Brooks or Auctioneer") and the person or entity listed on this page ("Bidder or Buyer"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
DISCLAIMER
Each Lot or items are sold "AS IS-WHERE IS" "ALL SALES ARE FINAL", with all faults and defects and all errors of description. Buyer hereby waives and releases KR. Brooks auctions from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot.
Buyer acknowledges and understands;
1. KR. Brooks auctions does not make any representations or express any opinions of its own concerning any Lot or item.
2. Buyer has the option to make his own examination ON-LINE or IN PERSON of any Lot or item before bidding; and assumes all risk of any nonconformity in any Lot.
3. Condition report requests are suggested if you are unable to view the item in person. Condition report requests are answered in the order they are received. It is at the auctioneer's discretion to respond to any request sent the day of the auction. Call auctioneer Ken Brooks 978-667-4149.
4. Buyer further acknowledges that he has not relied upon any Statements and/or oral or written representations by KR. Brook auctions contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation statements concerning condition, genuineness or authenticity, originality, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, and/or model of any Lot or of any component of any Lot.
5. Buyer represents that the amount bid for any Lot is based solely on Buyer's own independent inspection and evaluation of that Lot on line or in person.
6. Auctioneer is not liable for any issues concerning telephone bids, online bidding, and/or absentee bidding.
7. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
8. As a condition of participation in the auction, Buyer represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid.
9. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding.
10. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
11. All winners of bids must pay invoice within 48 hrs. of receiving invoice. If not all items will be return to owner.
12. Any refunds will have a 5% handling fee charge.
DISPUTES
The Auctioneer's designation of a buyer is FINAL. The highest bidder acknowledged by the Auctioneer is deemed the buyer of the item auctioned or sold at a live estate sale. If any dispute were to arise between two or more bidders, the Auctioneer reserves the right and the discretion;
1. to determine the successful bidder.
2. to refuse any bid from any bidder and/or not to recognize a bidder.
3. Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of this Agreement, including, but not limited to issues related to Seller's representations or statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage, or any other representation made regarding any Lot, Buyer shall submit to a mediation with Seller to be facilitated by KR. Brooks or its designee on the terms and conditions set forth by KR. Brooks.
Buyer agrees not to join KR. Brooks as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot. If Buyer fails to comply with this provision, Buyer agrees to reimburse KR. Brooks for all costs, expenses, and fees, including attorney fees, in defense of such claims.
REMEDIES/ Legal
Buyer hereby waives any potential or actual conflict of interest inherent in such a mediation process and agrees to defend (using counsel reasonably acceptable to KR. Brooks). Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless Auctioneer and the seller, and their respective agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder's agents, (b) any property damage occurring on the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and/or bidder's agents. Bidder hereby acknowledges that Auctioneer is an Massachusetts company with its principal place of business in the State of Massachusetts..
BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF Massachusetts, THAT THE STATE COURTS OF Massachusetts, SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS Worcester county, Ma..
No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer or unless it is publicly announced by Auctioneer from the auction block prior to sale. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement.
The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise. In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of KR. Brooks auctions attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if KR. Brooks auctions is successful in such litigation or proceeding.
This Agreement and related Contract of Sale contain the entire agreement between Buyer and KR. Brooks auctions pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void.
PAYMENT: Acceptable forms of payment are Credit, Debit Card or Cash upon pick-up. Local checks or cashier checks are not accepted without prior approval from KR. Brooks auctions. Complete payment is required day of auction or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will have the card on file charged the 4 days after receipt of an invoice, unless prior communication has been made. Items not paid for after the 5 days following sale are deemed non-collectible and bidder is marked as a nonpaying bidder and could be banned from future auctions. Items paid for and not pick up in 10 days after pick up are considered abandoned and will be resold and monies paid by bidder will be forfeited.
Shipping Terms: LOCAL PICK-UP INFORMATION:
NOTE: This auction is for 7-Days and will end . ALL Invoices will be sent on last day of bidding, after the Final Day of the Auction Ends. As a result we have altered the Local Pick Up Days to
Sunday Dec. 13 ………9:00am to 1:00pm
ADDRESS TO DO CURB SIDE PICK UP IS 7 Konkel road Dudley, ma. .. Ken’s phone is 978-667-4149 for additional info.
OUT OF TOWN SHIPPING:
For out of town buyers, once we have received your payment your purchase will be turned over to Fedex Shrewsbury Ma. our exclusive shipping provider. The Center will proactively reach out to you to arrange packing, shipping and insurance.
We've Partnered with Fedex for all of your auction shipping needs. They offer FedEx, DHL, UPS and USPS services for most parcels. For those larger items, Packing, Shipping, Crating & Freight services are available. For questions related to shipping please feel free to contact them directly for shipping questions or quote.
Note: For fastest and best results on shipping, we recommend using Fedex Center as your shipper, but are happy to meet with your 3rd party shipper of choice if you prefer to use a shipper other than Fedex Mail Center. All packing and shipping from any company besides Fedex Mail Center must be arranged and coordinated by the winning bidder / buyer within 5 days from the date of the sale or an additional storage surcharge could apply.
this only applies to on line auctions not estate sales.
BUYERS FEES: The price paid by Online Bidder is the sum of;
(a) Bidder's final bid (hammer price per lot),
(b) A buyers premium of 12% of the hammer price per lot
(c) All applicable sales tax.
SALES TAX LAW: State Sales Tax Law, if applicable, will be applied. Worcester, Ma. 6.0%. However, our auction gallery location enables us to offer buyers some of the lowest sales tax rates in Massachusetts.. This can result in a savings of up to almost 4% in sales taxes when compared to other auction houses and auctioneers.
