Conditions of Sale 

These Conditions of Sale and the Notices and Explanation of Cataloging Practices contain all of the terms on which Historical Antiques & Collectibles and the seller contract with the buyer. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction, you agree to be bound by these terms.  

1. BEFORE THE SALE 

Except as stated in the Limited Warranty in paragraph 5 below, all property is sold "as is" without any representation or warranty of any kind by Historical Antiques & Collectibles or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry.  

(a) Examination of property 

Prospective buyers are strongly advised to view photographs and description on any property in which they are interested, before the auction takes place. If a bidder would like additional information, they are responsible for obtaining/requesting additional photographs prior to bidding to determine an article's condition, size and any other pertinent information. We strive to be fair and forthright with our descriptions and photographs, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in the description. If you have very particular taste, it is advisable that you study the photos and description as your definition of condition may be more exacting than what we could have time to verify.  

(c) Catalog and other descriptions 

All statements by us in the catalog entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statement of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalog entry or the condition report to damage or restoration are for guidance only. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Except as set forth in paragraph 5 below, neither Historical Antiques & Collectibles nor the seller is responsible in any way for errors and omissions in the catalog or any supplemental material.  

Unless otherwise indicated, lots offered may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalog. 

It is the buyer's responsibility to abide by their local laws, including not bidding on or buying items that are restricted in their local area. We will not release a buyer from purchasing an item restricted in their area and disputes will be filed with BidSpirit for non-paying bidders.    

(f) Registration 

Online bidders must have a credit card on file with the prevailing online auction service. The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auctioneer shall decide the buyer. Some lots are offered subject to reserve, which is a confidential minimum price below which such a lot will not be sold. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.    

(g) Clerking and Internet

 Bid Acceptance Errors During the online bidding portion of the auction, it is possible for the internet clerk to award the winning bid to a bidder that was not recognized by the auctioneer. In these unfortunate cases, the auctioneer's record takes precedence and not the online bidding record. We will petition to have BidSpirit remove the item from your buyer report. The Auctioneer reserves the right to make this determination and this decision is final and binding.    

(h) Personal Information / Privacy Policy 

We do not share our bidder information, addresses, email addresses or other personal information with anyone. We use your information to communicate with bidders regarding purchases and other auction business. By registering for this auction, we may put your email on our email notify list.    

REGISTERING AGREES TO THESE TERMS: Bidding at a Cataloged Auction indicates that you have read and accepted these conditions. 

2. DURING THE SALE 

All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are absentee bids for $600 and $800, the lot will not be sold for less then $650. Bidders are welcome to participate by leaving absentee bids, leaving a bid through our website, bidding live via the internet through any partner auction house that has access to our platform.  Absentee bids will be executed as if the bidder were present at the auction with the earliest bid received having preference in case of a tie between absentee bidders. Absentee bids are handled in a competitive manner in an attempt to buy the object for less than your top bid. You will pay one bid above the next highest bid, but no more than your maximum. Internet bids, phone bids, and absentee bids are all independent operations in an auction. Bids are executed in competition with one another on an alternate basis; therefore, we cannot guarantee which will reach a certain point in the bidding first. That is, an item could sell to another bidder for the same bid amount that you left via an absentee bid or through Live Auctioneers. 

Historical Antiques & Collectibles requires all absentee bids be submitted no later than 7:00pm on the business day prior to the auction. All absentee bidding is handled as though you are in attendance. Historical Antiques & Collectibles will purchase all designated lots for you one bidding increment above where competition stops. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Historical Antiques & Collectibles Auctions is not liable or responsible for any errors or failure to do so. 

Bidding Increments: 

From To Increment 

$0         $49        $5.00 

$50        $249 $10.00 

$250 $999 $25.00 

$1,000 $4,999 $50.00 

$5,000 $9,999 $100.00 

$10,000 $19,999 $200.00 

$20,000 $29,999 $250.00 

$30,000 & above $500.00  

Please check and comply with these increments. In case of failure to comply, we will increase each off-increment bid to the next higher figure. “Plus” bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the auction house wins in the event of a tie, a later bid with an added “plus” bid to the next increment wins the piece. (NOTE: Absentee bids left on Live Auctioneers are sent to the auction house during the actual sale. There is no time advantage to leaving bids in this fashion.) 

Historical Antiques & Collectibles Auctions is able to provide live bidding via other auction houses and platforms such as Live Auctioneers. However, the user of these sites indemnifies and holds Historical Antiques & Collectibles Auctions and its consignors harmless against any claim arising out of or resulting from your use of any or all of these sites, including all losses, damages, liabilities, and all fees (including attorneys fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Historical Antiques & Collectibles Auctions and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, these sites. 

The auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. 

(d) Successful bid and passing of risk 

Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes to the buyer at the expiration of three calendar days from the date of the sale or on collection by the buyer if earlier. 

3. AFTER THE SALE 

Results are available on the website at Historical Antiques & Collectiblesauctions.com. Sales results are available no earlier than 2 p.m. on the first business day following the auction or as soon as the Auction House has audited and verified all sales. 

Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter.  

A buyer's premium of 18% will be added to the successful bid price of each lot that you purchase. Third party bid sites may charge you a fee in addition to the auction houses buyer's premium. Buyer’s premiums are payable by you along with applicable tax which is added to the total cost of your purchase. Buyers will be required to pay the State of New Jersey Sales Tax of 6.25% unless the items are shipped out of the state of New Jersey or the buyer provides Historical Antiques & Collectibles with a valid Tax Exemption Number and fills out an Exemption Certificate (available upon request). This is New Jersey State Law and applies to anyone picking up items, regardless if you live or bid on the items outside the state of New Jersey. 

(c) Payment and passing of title  

All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All property shall be paid for by the purchaser within five (3) business days of the sale. Historical Antiques & Collectibles Auctions accepts cash (in house only), personal checks, business checks, certified checks and money orders. We accept Visa or MasterCard payments for all domestic buyers. All credit card payments must be submitted online via the Historical Antiques & Collectibles online credit card terminal and will incur a 3% surcharge fee. Please note our policy regarding payments from international buyers. The only acceptable method of payment for purchases made outside the U.S. is a bank wire/ bank transfer. For invoices more than $1,000.00, there is no additional fee for this service. For invoices less than $1,000.00, please include an additional $25 wire fee. We will forward our bank wiring information after completion of the auction. We do not accept PayPal. Thank you for your understanding and cooperation. 

(d) Remedies for non-payment  

If the buyer fails to make payment in full in good cleared funds within the time required by paragraph (c) above, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):  

(i) to charge interest at such rate as we shall reasonably decide;  

(ii) to charge the credit card on file, provided by the buyer upon registering for auction; 

(iii) to hold the defaulting buyer liable for the total amount due and to commence legal proceeding for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law; 

(e) Pickups & Shipments

All purchases must be removed on the specified pick up day ater the auction unless a prior arrangement has been made and confirmed by email.   

Historical Antiques & Collectibles does not provide in-house shipping. We can, however, provide a list of reputable shippers upon request. All pickups or shipping arrangements should be made at the time of payment and no later than one day after the date of sale.    We understand the importance of fast and safe shipping processes. We have carefully selected a reliable shipping company in our area (listed below).   

After submitting a payment for your invoice and arranging shipping services, please notify us who will be shipping your item(s). You can do this by signing in on our website. Once you create an account you will be able to select the shipper.   

You can also email us at info@historicalantiques.com. In your email, please include your name, number of invoice or lot number(s) and date of sale.        

UPS Store store4645@theupstore.com (908) 534-7734 531 

Rt 22E Ste 4 Whitehouse Station, NJ 08889 Phone:    

If you have any questions, please do not hesitate to contact us.   

For shipping related questions: info@historicalantiques.com 

To request condition report or additional photographs of the item(s): info@historicalantiques.com   

For invoices and payment related questions: info@historicalantiques.com 

To consign the item(s): dan@historicalantiques.com                                                                        

For general questions: info@historicalantiques.com or call at (908) 801-1300  

Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export license does not affect his or her obligation to make payment immediately upon receipt of an invoice, nor our right to charge interest or storage charges on late payment. If the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer in circumstances where an export license is required.    

4. EXTENT OF HISTORICAL ANTIQUES & COLLECTIBLES'S LIABILITY

 We agree to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 5 below. Apart from that, neither the seller nor we, nor any or our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated in paragraph 5 below, neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. 

5. LIMITED WARRANTY

 Subject to the terms and conditions of this paragraph Historical Antiques & Collectibles warrants for a period of 30 days from the date of the sale that any artwork described in this catalog (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. Within those 30 days, Historical Antiques & Collectibles will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Historical Antiques & Collectibles and the purchaser, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email or a verbal description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer’s full purchase price will be refunded.  Refunds shall not include costs of transportation, insurance or other expenses that may have been incurred by the buyer. It is the buyer’s responsibility to make payment in a timely fashion such that the property can be released and inspected within this 30 day time frame. Should the buyer not do so, or should the buyer reques Historical Antiques & Collectibles to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the 30 day warranty shall still apply.    The term "author" or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the description of the property in this catalog. Historical Antiques & Collectibles's warranty does not apply to supplemental material, which appears below the heading of each lot, and Historical Antiques & Collectibles is not responsible for any errors or omissions in such material. The terms used in the headings are further explained in Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading that is stated to represent a qualified opinion. 

6. COPYRIGHT 

The copyright in all images, illustrations and written material produced by or for Historical Antiques & Collectibles relating to a lot including the contents of this catalog, is and shall remain at all times the property of Historical Antiques & Collectibles and shall not be used by the buyer, nor by anyone else, without our prior written consent. Historical Antiques & Collectibles and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it. 

7. SEVERABILITY

 If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. 

8. LAW AND JURISDICTION

 The rights and obligation of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Historical Antiques & Collectibles, to the exclusive jurisdiction of the courts of that country, state, county, or province, and (if applicable) of the federal courts sitting in such state.