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All property offered and sold (“property”) through Samuel T. Freeman & Co, (“Freeman’s”) shall be offered and sold on the terms and conditions set forth below which
constitutes the complete statement of the terms and conditions on which all property is offered for sale. By bidding at the auction, whether present in person or by agent,
by written bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.
1. Unless otherwise indicated, all Property will be offered by Freeman’s as agent
for the Consignor.
2. Freeman’s reserves the right to vary the terms of sale and any such variance shall
become part of these Conditions of Sale.
3. As a result of the Covid-19 Pandemic, in person inspections of the Property are
available by appointment only and therefore, Freeman’s has also made available to
the Buyer the opportunity to (a) view the lot online at freemansauction. com and
to view the auction’s e-catalogue, (b) submit a request for a condition report either
through the online lot listing or by contacting the specialist directly and (c) have a
virtual consultation with the specialist. Buyer acknowledges that it has had the right
to take advantage of the aforementioned inspections prior to the sale to determine
the condition, size, repair or restoration of any Property. Buyer acknowledges that
it had the right to make a full inspection of all Property prior to sale to determine
the condition, size, repair or restoration of any Property. Therefore, all property is
sold “AS-IS”. Freeman’s is acting solely as an auction broker, and unless otherwise
stated, does not own the Property offered for sale and has made no independent
investigation of the Property. Freeman’s makes no warranty of title, merchantability
or fitness for a particular purpose, or any other warranty or representation regarding
the description, genuineness, attribution, provenance or condition to the Property
of any kind or nature with respect to the Property.
4. Freeman’s in its sole and exclusive discretion, reserves the right to withdraw any
property, at any time, before the fall of the hammer.
5. Unless otherwise announced by the auctioneer at the time of sale, all bids
are per lot as numbered in the printed catalogue. Freeman’s reserves the right
to determine any and all matters regarding the order, precedence or appropriate
increment of bids or the constitution of lots.
6. The highest bidder acknowledged by the auctioneer shall be the buyer. The
auctioneer has the right to reject any bid, to advance the bidding at his absolute
discretion and in the event of any dispute between bidders, the auctioneer shall
have the sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any dispute arises after sale, the Freeman’s
sale record shall be conclusive in all respects.
7. If the auctioneer determines that any opening or later bid or any advance bid is
not commensurate with the value of the Property offered, he may reject the same
and withdraw the Property from sale.
8. Upon the fall of the hammer, title to any offered lot or article will immediately
pass to the highest bidder as determined in the exclusive discretion of the
auctioneer, subject to compliance by the buyer with these Conditions of Sale.
Buyer thereupon assumes full risk and responsibility of the property sold, agrees
to sign any requested confirmation of purchase, and agrees to pay the full price,
plus Buyer’s Premium, therefore or such part, upon such terms as Freeman’s may
require.
9. No lot may be removed from Freeman’s premises until the buyer has paid in
full the purchase price therefor including Buyer’s Premium or has satisfied such
terms that Freeman’s, in its sole discretion, shall require. Subject to the foregoing,
all Property shall be paid for and removed by the buyer at his/her expense within
ten (10) days of sale and, if not so removed, may be sold by Freeman’s, or sent
by Freeman’s to a third-party storage facility, at the sole risk and charge of the
buyer(s), and Freeman’s may prohibit the buyer from participating, directly or
indirectly, as a bidder or buyer in any future sale or sales. In addition to other
remedies available to Freeman’s by law, Freeman’s reserves the right to impose
a late charge of 1.5% per month of the total purchase price on any balance
remaining ten (10) days after the day of sale. If Property is not removed by the
buyer within ten (10) days, a handling charge of 2% of the total purchase price
per month from the tenth day after the sale until removal by the buyer shall be
payable to Freeman’s by the buyer. Freeman’s will not be responsible for any loss,
damage, theft, or otherwise responsible for any goods left in Freeman’s possession
after ten (10) days. If the foregoing conditions or any applicable provisions of law
are not complied with, in addition to other remedies available to Freeman’s and
the Consignor (including without limitation the right to hold the buyer(s) liable
for the bid price) Freeman’s, at its option, may either cancel the sale, retaining
as liquidated damages all payments made by the buyer(s), or resell the property.
In such event, the buyer(s) shall remain liable for any deficiency in the original
purchase price and will also be responsible for all costs, including warehousing,
the expense of the ultimate sale, and Freeman’s commission at its regular rates
together with all related and incidental charges, including legal fees. Payment is
a precondition to removal. Payment shall be by cash, certified check or similar
bank draft, or any other method approved by Freeman’s. Checks will not be
deemed to constitute payment until cleared. Any exceptions must be made upon
Freeman’s written approval of credit prior to sale. In addition, a defaulting buyer
will be deemed to have granted and assigned to Freeman’s, a continuing security
interest of first priority in any property or money of, or owing to such buyer
in Freeman’s possession, and Freeman’s may retain and apply such property or
money as collateral security for the obligations due to Freeman’s. Freeman’s shall
have all of the rights accorded a secured party under the Pennsylvania Uniform
Commercial Code.
10. Unless the sale is advertised and announced as “without reserve”, each lot is
offered subject to a reserve and Freeman’s may implement such reserves by bidding
through its representatives on behalf of the Consignors. In certain instances, the
Consignor may pay less than the standard commission rate where Freeman’s or
its representative is a successful bidder on behalf of the Consignor. Where the
Consignor is indebted to Freeman’s, Freeman’s may have an interest in the offered
lots and the proceeds therefrom, other than the broker’s Commissions, and all sales
are subject to any such interest.
11. No “buy” bids shall be accepted at any time for any purpose.
12. Any pre-sale bids must be submitted in writing to Freeman’s prior to
commencement of the offer of the first lot of any sale. Freeman’s copy of any
such bid shall conclusively be deemed to be the sole evidence of same, and while
Freeman’s accepts these bids for the convenience of bidders not present at the
auction, Freeman’s shall not be responsible for the failure to execute, or, to execute
properly, any pre-sale bid.
13. A Buyer’s Premium will be added to the successful bid price and is payable by
the buyer as part of the total purchase price. The Buyer’s Premium shall be: 26%
on the first $600,000 of the hammer price of each lot, 20% on the portion from
$600,001 through $3,000,000 and 12% thereafter.
14. Third-Party Internet Bidding Services (a) Third Party Bidding Platforms. We
engage third party online bidding platforms to collect or facilitate auction bids
(“Bidding Platforms”), each of which levy a fee for their services, and have their
own rules on fees and how to bid and buy online using these Bidding Platforms.
Freeman’s has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any Bidding Platforms. Your dealings with Bidding
Platforms are solely between you and such Bidding Platforms. We encourage you
to be aware of, and to read, the terms and conditions and privacy policy of any
Bidding Platforms that you visit. You expressly release Freeman’s from any and all
liability arising from your use of any Bidding Platform or other third-party website
or service. (b) Waiver. Absentee Bids left with Bidding Platforms are released
to Freeman’s when a lot comes up for sale. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE AND OUR
SELLERS BE LIABLE FOR ANY DAMAGES, LOST PROFITS OR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THESE BIDDING PLATFORMS.
15. Unless exempted by law from the payment thereof, the buyer will be required
to pay any and all federal excise tax and any state and/or local sales taxes, including
where deliveries are to be made outside the state where a sale is conducted, which
may be subject to a corresponding or compensating tax in another state.
All purchases made at Freeman’s, therefore, will be subject to the Pennsylvania
State and Local sales tax--currently at a combined rate of 8%, which is applied to
the hammer price plus buyer’s premium--unless the successful buyer submits the
required tax exemption documentation. Those seeking exemption from sales tax
must provide a valid certificate to Freeman’s prior to outgoing shipment.
In accordance with Pennsylvania State law, if Freeman’s or the buyer arranges for
a lot/s to be shipped outside of Pennsylvania through an independent, third-party
shipping company, Freeman’s must collect Pennsylvania sales tax on the lot/s
irrespective of the property’s final destination. If the item is first delivered to any
hired service provider (e.g. restorer, storage facility, etc.) located in Pennsylvania,
Pennsylvania sales tax will still be applicable and invoiced, even if the lot will
ultimately be shipped out-of-state.
16. Freeman’s may, as a service to buyer, arrange to have purchased property
posted and shipped at the buyer’s expense. Freeman’s is not responsible for any
acts or omissions in packing or shipping of purchased lots whether or not such
carrier is recommended by Freeman’s. Packing and handling of purchased lots is at
the responsibility of the buyer and is at the entire risk of the buyer.
17. In no event shall any liability of Freeman’s to the buyer exceed the purchase
price actually paid.
18. No claimed modification or amendment of this Agreement on the part of any
party shall be deemed extant, enforceable or provable unless it is in writing that has
been signed by the parties to this Agreement. No course of dealing and no delay
or omission on the part of Freeman’s in exercising any right under this Agreement
shall operate as a waiver of such right or any other right and waiver on any one or
more occasions shall not be construed as a bar to or waiver of any right or remedy
of Freeman’s on any future occasion.
19. These Conditions of Sale and the buyer’s, the Consignor’s and Freeman’s rights
under these Conditions of Sale shall be governed by, construed and enforced in
accordance with the laws of the Commonwealth of Pennsylvania and Consignor
and Buyer agree to the exclusive jurisdiction of the Philadelphia, Pennsylvania
Court of Common Pleas and the United States District Court for the Eastern
District of Pennsylvania.