Terms and conditions
Terms and Conditions of Sale
The following provisions constitute the entire agreement by and between Tamarkin Photographica, L.L.C. (Tamarkin), the Consignor, and the Buyer and will govern the sale of all property sold through internet bidding at the Tamarkin auction to be conducted in Woodbridge, Connecticut on October 30, 2011.
1. BUYER'S COMMISSION: 22%
REAL-TIME INTERNET BIDDERS WILL PAY A COMMISSION OF TWENTY TWO PER CENT (22%). THIS COMMISSION IS PAYABLE IN ADDITION TO THE WINNING BID PRICE.
2. CONDITION OF PROPERTY
All property is sold "as is" without warranty or guaranty of any kind whether expressed, implied or statutory including without limitation any warranty or guaranty as to character, fitness for a particular purpose, merchantability, physical condition, or rarity. Prospective buyers must rely solely on their own inspection and knowledge before bidding to determine such issues as age, quality, character, physical condition, mechanical and electrical function and rarity.
There is no return privilege, and all sales are final.
The property being offered at the auction is mostly used and to be sold as collectors' items. Bidders should note that some lots have mechanical problems or optical problems. Buyers should assume that most lots have shutters in need of repair and/or light meters that are in need repairing or adjusting, and that most lenses and other optical items require lubrication and/or cleaning. Most of the cameras and lenses have not been recently used and have been sitting on a shelf in a camera collection. Moreover, the ratings below refer to cosmetic condition and are not meant to describe either mechanical or optical condition.
3. WITHDRAWAL OF PROPERTY
Tamarkin and Consignor reserve, in their unfettered discretion, the right to withdraw any property from auction before sale.
Any disputes between bidders shall be resolved by the Tamarkin who may re offer and resell any property over which there is a dispute.
5. BIDS, REJECTION AND RESERVES
The Buyer shall be the highest bidder. Tamarkin may reject any opening bid he deems too low and withdraw the property from sale.
Likewise in the course of bidding he may reject any advance as being too low. Generally, Tamarkin will require that all bids advance the price by not less than 10%. All items of property will be sold with a reserve which may be confidential. Tamarkin may bid on behalf of the Consignor to effectuate the reserve.
Responsibility for bidding is ultimately the prospective Buyer's and Tamarkin assumes no responsibility or liability with regard to bidding.
6. POSSESSION, TITLE AND RISK OF LOSS
Buyer will receive possession of the property only when payment has been made in full and all funds have cleared. Title and risk of loss will pass to the Buyer when the Buyer has taken possession of the property.
7. TERMS OF PAYMENT AND REMEDIES
Buyer agrees to pay for property within five (5) days of sale. Payment must be made in U.S. Dollars ($) and may be made in any one of the following: cash (In House Only), check, credit card, debit card, bank draft or bank wire transfer. Purchased property will not be released to the Buyer until payment in full has cleared.
In the event Buyer fails to pay for property, Tamarkin may in its sole discretion and in addition and without prejudice to any other right or remedy available to it in law or equity, exercise one or more of the following rights and remedies:
A. bring an action against Buyer seeking damages for breach of contract including court costs and attorneys fees.
B. rescind the sale of the property or any other lot sold to the Buyer.
C. resell the property at auction or private sale and bring an action to recover any deficiency between (i) full amount owed by Buyer plus court costs and attorneys fees and (ii) the net proceeds, after payment of all expenses, received from the resale. If there is a surplus, the surplus will be paid to Consignor.
D. store the property and release it to Buyer only upon payment of the full purchase price plus all direct and indirect costs of storage.
E. to charge interest at 18% per annum commencing immediately after failing to pay on time.
F. to retain any other lot sold to Buyer at auction.
G. to apply any amount owing from Tamarkin to Buyer against the purchase price and all expenses due and owing by Buyer to Tamarkin. Tamarkin is likewise be deemed to have a security interest in any property of the Buyer in Tamarkin's possession to secure payment of the purchase price and all expenses due and owing from Buyer to Tamarkin.
H. to apply any payment made by Buyer to Tamarkin for any purpose and despite any instructions by Buyer as to application, against the purchase price and all expenses due and owing.
8. SALES AND USE TAX
The total purchase price of all property will be subject to all sales or use tax which Tamarkin is obligated by law to collect.
The tax due on deliveries in Connecticut is 6.35%.
Tamarkin is not obligated to collect tax on any item that is delivered outside the state of Connecticut.
9. TERMS OF ADHESION
By bidding at the auction, the Buyer acknowledges and agrees:
A. that the foregoing terms and conditions will represent the entire agreement of the parties, provided that the terms may be altered or amended by Tamarkin prior to or at the time of auction by oral or written announcement or posted notice.
B. that the rights and obligations of the parties will be construed and governed by the law of the State of Connecticut.
C. that jurisdiction for the resolution of any dispute between the parties related to the auction, will be exclusively in the State of Connecticut and consents to the jurisdiction of the Connecticut State Courts and federal court for the District of Connecticut.
10. LIMITATION OF LIABILITY
Tamarkin's and Consignor's liability to a Buyer shall not exceed the purchase price actually paid.
11. TAMARKIN AS AGENT ONLY
Except as otherwise specifically stated in writing, Tamarkin is acting only as an agent for the Consignor. Tamarkin will have no liability for any breach by either a Consignor or Buyer.
Contact Tamarkin Camera for Bank Wire transfer information.