Conditions of Sale Terms at Pook and Pook

This is a public sale conducted by a licensed and bonded auctioneer.
All property is sold AS IS and neither Pook & Pook, Inc. nor the consignor makes any guarantees, warrantees or representations, expressed or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise, except where applicable under the Terms of Guarantee (applies ONLY to Illustrated Catalogue Auctions, NOT Variety Sales) . No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. Illustrated Catalog descriptions carry a limited guarantee in order to protect prospective bidders against major discrepancies ( i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions or major fabrications) that would have a major effect upon the value of the item purchased.
All prospective bidders should inspect the property they wish to purchase prior to bidding. If a bidder is unable to view an item in person, they are responsible for obtaining a condition report and/or additional photographs prior to bidding to determine an article’s condition, size, and degree of restoration. We endeavor to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report. If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person or that you do not bother to submit absentee bids as your definition of condition may be more exacting than an appraiser could have time to verify. Pook & Pook, Inc. reserves the right to reject any condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request. Please also note that the warranties given by Pook & Pook, Inc., as listed in the Terms of Guarantee, do not extend to the condition reports. Any items purchased and removed from the auction house cannot be returned.
Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Pook & Pook, Inc. below which the lot will not be sold. A representative of Pook & Pook, Inc. will execute such reserves by bidding for the consignor. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders.
The auctioneer reserves the right to reject any bid which, in his opinion, is not commensurate with the value of the article being offered. At their discretion, the auctioneer may also reject any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole.
We reserve the right to withdraw any property before sale.
Unless otherwise announced by the auctioneer all bids are per lot as numbered in the catalogue.
The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.
Left bid and phone bid service is available. This is a convenience to clients who are not present at auctions and we are not responsible for any errors or omissions in connection therewith. These bids are executed by a designated Pook & Pook, Inc. employee. A 25% deposit (check or cash) and a credit card (MC or Visa) must accompany all left bids and phone bids. Both left bids and phone bids must be submitted by the close of business the day prior to the start of the sale and Pook & Pook, Inc. reserves the right to reject all bids received after the announced deadline. There may be some auctions where left bidding and/or phone bidding will not be available. Further information with regard to left and phone bids can be found opposite to the bid sheet at the back of the catalogue or at www.pookandpook.com under “How to Buy”.
Title of each lot passes when the auctioneer says "SOLD". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. If any employee or agent of Pook & Pook, Inc. shall pack or transport the merchandise at the request of a buyer, it is fully at the risk, responsibility and expense of the purchaser and Pook & Pook, Inc. shall not be liable for any loss or damage that may be caused by such employee or agent. Pook and Pook, Inc. is not responsible for any damage to property left on the premises, or removed and stored in a storage facility. Pook & Pook, Inc. is not responsible for the acts or omissions of third parties whom the buyer retains for shipping purposes, or any damage that occurs after items are removed from Pook & Pook, Inc.’s auction house.
A buyer’s premium for each individual lot is 17% of the successful bid price up to and including $100,000, and 10% on any amount in excess of $100,000. This amount will be added to the successful bid price of each lot you buy and is payable by you together with the applicable sales or use tax which is applied to the total cost of your purchase. Payment is due immediately upon conclusion of the sale, if you are in attendance, or immediately upon receipt of your invoice, if you are the successful bidder via left bid, phone bid, or eBay. Pook & Pook, Inc. reserves the right to charge the total invoice amount (bid amount plus buyers premium) plus a 2% handling fee to the credit card account of record for any bidder who has not paid within 15 days from the auction date.
Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% at the time of payment unless:
A. Items are shipped out of the State of Pennsylvania . Dealers must have a valid Sales Tax Number and register it with us.
B. The buyer provides Pook & Pook, Inc. with a valid Tax Exemption Number and fills out an Exemption Certificate (available at Pook & Pook, Inc.’s offices).
All merchandise purchased must be paid for within ten calendar days of the day of sale. Auction sales are strictly for cash, cashier's checks, money orders, bank wire transfers, or personal checks if credit has been previously established with Pook & Pook, Inc., or if we have received a bank authorization guaranteeing personal checks. Pook and Pook, Inc. does not accept credit cards, PayPal, BidPay, or Western Union payments at this time. We reserve the right to hold merchandise purchased by personal check until the check has cleared the bank, if we deem such action necessary to protect our interest. Items paid for via bank wire transfer, cashier’s check, cash or money order will be released immediately. Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party. A $25.00 fee will be added for returned checks.
Pook & Pook, Inc. pays consignors 30 days after the day of sale. If a buyer fails to make payment within 30 days of the day of sale, Pook & Pook, shall be entitled to do any or all of the following:
A. Charge the credit card number provided to Pook & Pook, Inc. by the buyer for the total due plus any applicable fees (storage, interest, etc.) plus a 2% handling charge. If a 25% deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts.
B. File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Pook & Pook, Inc., and/or the consignor.
C. Charge interest at a rate of 1% per month.
D. Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s)) and any other related fees.
E. Reject further bidding or consignments by the buyer at any and all future auctions (negative feedback will be left for all eBay bidders who fail to pay within the specified time frame).
Pook & Pook, Inc. does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items. All purchases must be picked up, or shipping arrangements made, within 15 days from the day of sale. A shipping/pick-up form will be mailed or e-mailed with all unpaid Pook & Pook invoices on the first business day following the auction. All bidders purchasing directly from Pook & Pook must mail or fax (610-269-9274) this form back to Pook & Pook, Inc.'s Accounts Receivable Department before or at the time of payment. eBay invoices are sent directly via email within 24 hours each auction session - shipping forms are not enclosed with eBay invoices. Pick-up times are Monday through Friday between 9AM and 4:30PM . Pook & Pook, Inc. will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, must pack/wrap and load their items. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer. Any items not picked up or arrangements for shipping completed within the
requested 15 day time frame will begin to have a storage fee of $5 per item, per day assessed and added on to the bill if not removed within 30 days from the auction date. Items still remaining 45 days after the auction date will be consigned to a future auction without additional notice to the purchaser.

Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale.