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Conditions of Sale

***IMPORTANT: PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS OF AUCTION BEFORE REGISTERING TO BID.***

1. Advance bids in the mail or over the phone must be accompanied by a cashier's check for the full amount of the bids. Any over payments will be refunded by return mail on the week following the sale. 

2. Terms: Cash, Wire or Cashier's check payment. All purchases must be paid for within 48 hours of sale. .*International bidders must pay with wire transfer*-NO EXCEPTIONS * All Jewelry purchases must be paid by cash or wire transfer or cashier's check.

3. While auctioneers have endeavored to catalogue and describe the property correctly, all property is sold "as is" and neither the auctioneer nor its consignor will be responsible for the description, authenticity, genuineness, provenance, or condition of the property. No statement contained in the catalogue or made orally at the sale or elsewhere shall be deemed to be such a warranty or representation or an assumption of liability.  NO REFUNDS WILL BE OFFERED. ALL SALES FINAL.

4. Auctioneer reserves the right to withdraw any item at any time before the sale.

5. The highest bidder observed by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resale the article in dispute. If any dispute arises after the sale, Auctioneers' sale record shall be conclusive as to who was the purchaser, the amount of the highest bid, and in all other respects. 

6. If the Auctioneer, in his sole and final discretion, decides that any original bid is not commensurate with the value of the article offered, or having acknowledged an original bid, that any advance thereafter is not sufficient in amount, he may reject the same. Clements shall act to protect the seller's reserve as Agent of the Seller by bidding through the Auctioneer. The Auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The Auctioneer may continue to bid on behalf of the Seller up to the amount of the Reserve, either by placing the consecutive bids or by placing bids in response to other bidders.  

7. No properties purchased during auction may be removed on day of sale. Unless special arrangements have been made, all Purchases must be removed *by appointment* 30 following the sale. After this period, Auctioneer will not be responsible for lost or damaged merchandise and no refunds will be made if lost or damaged. 

8. SHIPPING -- It is the buyer's responsibility to arrange for and pay for shipping. CLEMENTS does not provide shipping services or shipping quotes. We also do not supply packing materials whatsoever. Local buyers should come prepared to pack and load their purchases to their satisfaction. CLEMENTS shall not be held liable for damage that occurs after an item leaves our dock. We are not affiliated with any shippers. BUYER is solely responsible for coordinating shipping. CLEMENTS will not be held liable for any issues that arise after items leave our dock, including damage, loss, delays, omission of words or description, typos, recommendation of shipper, estimates, your failure to preview or request condition, or pricing. Buyers are expected to preview items to verify condition and age, regardless of CLEMENTS description or representation, and CLEMENTS will not be held liable for any misrepresentation in item description or otherwise. Buyers should discuss insurance directly with the shipper of choice. ALL ITEMS MUST BE PAID FOR AND PICKED UP WITHIN 30 DAYS AFTER THE AUCTION. To avoid moving and storage fees, we strongly recommend paying for your items promptly after the auction. After the 30 day mark these items will be considered abandoned and sold to cover storage cost

9. A 23% Buyers premium (20% in house and 3% live fee) will be added to all goods as part of the purchase price.  All purchases will be subject to an 9.25% Tennessee sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Tennessee by an interstate carrier or (2) if you are a Tennessee resident and you possess a valid tax-exempt number. Clements must have a copy of sales tax certificate for resale purposes or sales tax will be charged. 

10. Preview and Pick up will be BY APPOINMENT ONLY.

11 .PHONE BIDDING is available on items with starting bid of $300 or greater. If the start bid of the item is lower than $300 or the bidder is unwilling to start the item with a $300 bid-Please bid online. BUYERS PREMIUM on phone bidding is 25%.  As a convenience to customers, absentee and phone bids will be executed by CLEMENTS personnel in a competitive and confidential manner. Phone bid arrangements must be made 48 hours prior to start of the auction. ALL PHONE BID FORMS MUST INCLUDE THE NAMES OF 3 AUCTION HOUSES IN WHICH WE MAY CALL TO VERIFY GOOD & RECENT BIDDING HISTORY. DUE TO INCREASED FRAUD ATTEMPTS, WE WILL NOT EXECUTE ANY PHONE BIDS WITHOUT THESE REFERRALS. BUYERS PREMIUM FOR PHONE BIDS AND INTERNET BIDS IS THE SAME - 25%. CLEMENTS will not be responsible for failure to execute absentee or phone bids and reserves the right to decline phone bids if in the event of too many phone bidders, the inability to execute that number of phone bids. CLEMENTS also reserves the right to refuse phone bids if qualifications, including credit card deposits, or banking info is not provided if deemed necessary. Phone bid acceptance will be first come, first served, and CLEMENTS reserves the right to refuse a phone or absentee bid for any reason.

Contract information:

Auctioneer reserves the right to withdraw any item at any time before the sale. 

The highest bidder observed by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resale the article in dispute. If any dispute arises after the sale, Auctioneers' sale record shall be conclusive as to who was the purchaser, the amount of the highest bid, and in all other respects. 

If the Auctioneer, in his sole and final discretion, decides that any original bid is not commensurate with the value of the article offered, or having acknowledged an original bid, that any advance thereafter is not sufficient in amount, he may reject the same. Clements shall act to protect the seller's reserve as Agent of the Seller by bidding through the Auctioneer. The Auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The Auctioneer may continue to bid on behalf of the Seller up to the amount of the Reserve, either by placing the consecutive bids or by placing bids in response to other bidders.  

Condition:

While auctioneers have endeavored to catalogue and describe the property correctly, all property is sold "as is" with all faults and neither the auctioneer nor its consignor will be responsible for the description, authenticity, genuineness, provenance, or condition of the property expressed or implied. No statement contained in the catalogue or made orally at the sale or elsewhere shall be deemed to be such a warranty or representation or an assumption of liability  All items are available for your examination prior to bidding and preview is strongly encouraged. Written and oral descriptions are a courtesy to the buyer/bidder and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. CLEMENTS attempts to catalog every lot correctly and will attempt to point out any defects, but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot, including condition, age, or any other word, dimensions, or omission of such. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee, or via the Internet, bidder/buyer signifies he/she has examined the items as fully as desired or that bidder/buyer has chosen not to examine them. If bidder/buyer requires absolute certainty in all areas of authenticity, and the results of his/her evaluation leave uncertainty in his/her mind, we recommend an additional, outside, or third-party expert examine the lot, or do not bid on the item in question. If item(s) are damaged in shipping, buyer must contact the shipper directly to file a claim. If item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify CLEMENTS immediately by phone at (423) 842-4992. Condition reports requested post sale will not be honored—all conditions requests should be submitted prior to sale. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if payment is late, causing item(s) to be delivered late, this does NOT qualify for any special privileges. CLEMENTS DOES NOT OFFER REFUNDS. ALL SALES ARE FINAL By bidding, buyer agrees to these terms and will be reminded of such if any issue arises.

PAYMENT: **INTERNATIONAL BIDDERS MUST PAY BY WIRE TRANSFER--NO EXCEPTIONS**. All items must be paid within 48 hours of sale. No item may be removed for shipping till full payment has been received. All Jewelry must be paid by cash, wire transfer, or cashier's check.3% will be added to all MasterCard, Visa, Discover and American Express credit cards charges and PAYPAL payments as a convenience fee. If paying by check, CLEMENTS reserves the right to hold all purchases until the check has cleared to the satisfaction of CLEMENTS and its bank.

12. Real Estate:10% down payment, non refundable, paid day of sale. Earnest money may be cash, wire transfer, or check accompanied by bank letter of guarantee. Earnest made payable to Clements Real Estate and Auction, LLC. Successful bidder will sign a real estate sales contract and any other forms as required by law. Closing shall take place within 30 days of auction, with purchase price paid in full. All real property sells as-is, where is, with no warranties either written or implied.

TAL #1370 #6223