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TERMS and CONDITIONS
BIDDERS

SALES TAX and BUYER’s PREMIUM: You agree to pay the Buyer's Premium on every item purchased. The Buyer's Premium is a percentage of the hammer price of each item added to the sale total for that item. For our live auctions the Buyer’s Premium is 18% of the hammer price, less a 3.0% for cash or check. For our online-only auctions the Buyers' Premium is 18% on all winning bids, with no cash or check discount. There is NO sales tax in New Hampshire.

LIVE BIDDING: Although there is NO substitute for attending the auction and bidding yourself,  we now offer our own customized live bidding software at SCHMITT HORAN ONLINE. Our 18% buyers premium rate will apply with no exceptions for cash or check.  You may also bid live at INVALUABLE. High speed internet is necessary.  There is an extra 5% fee charged by Invaluable for internet bidding. The total Buyer’s Premium, which includes the 5% Invaluable fee, on all Invaluable purchases is 25% with no exceptions. On higher value items, you may also register to bid via telephone. It is necessary to contact us at least to 72 hours prior to the auction to arrange for phone bidding. Pre-registration is required for all live bidding formats.

ABSENTEE or LEFT BIDS: We receive advance bids on many of our lots from distant customers. In all cases, a left or absentee bid will be executed for as low a price as possible. We offer PLUS ONE (+1) bidding format to allow our absentee bidders to be more competitive, contact us for details.  We notice that some absentee bids lose by only one bid, a frustration that can be reduced if a live person has authority to bid “one more time”.  Bid forms are available on our webpage or in the rear of the catalog. You may submit your bid by fax, snail mail or e-mail no later than 48 hours prior to the start of the auction to: bids@schmitt-horan.com. Absentee bidding and phone bidding services are provided by Schmitt Horan & Co. as a courtesy to our clients. Schmitt Horan & Co. cannot be held responsible or liable for failure to receive or execute absentee bids.
ONLINE ABSENTEE BIDS: We have a sophisticated online and interactive absentee bidding system; see SCHMITT HORAN ONLINE. It is offered at no additional charge. You may change or cancel your bid amounts or lot numbers until 6pm the day before the auction. 
 
PAYMENT FOR ABSENTEE BIDS: We will normally notify successful bidders within seven days. We use e-mail to notify bidders and postal mail if a client does not have e-mail available. Personal checks in US$ are acceptable. We also accept VISA, Mastercard, Discover, American Express and Paypal, all subject to our standard 18% Buyer’s Premium. Note that shipping charges are extra and will be billed by Schmitt Horan & Co. or a third party at the time of shipment.  Payment is due upon receipt of invoice, and no later than 30 days from the date of the auction. Items not paid for within the 30 days from the date of the auction will be charged a 2% monthly interest rate on the balance due. The buyer’s premium for bidders using Invaluable is 18% for all forms of payment plus the 5% Invaluable fee. Large international transactions may be performed via wire transfer.  Details available upon request.
 
PICK UP IN LIEU OF SHIPPING: Purchases by absentee bidders, phone bidders or online bidders may be picked up no sooner than 6 business days following the sale. If you or your agent would prefer to pick up personally from our office in Windham, NH, an appointment can be arranged. Please plan to settle your account at time of pick up. Items left in our custody for over 30 days from the date of the auction will be charged a storage fee of $25 per item per week, which must be paid before items are released. We shall not be held liable for damage occurring to any item left in our custody after 30 days from the date of the auction.
 
ITEMS & ACCESSORIES: purchased by bidders registered in the auction hall, must be removed by the close of the auction. We cannot hold items nor can we provide packing materials. It is the buyer’s responsibility to verify that he / she has received accessories that may be separate when checking out.  Items purchased by bidders off site are not available for pick up during the sale at the auction hall.
 
BUYER’S AGENT: Some absentee bidders require assistance and flexibility with their bidding. To some, this may be in the form of an independent set of eyes to validate their potential purchase. To others, it may be in the form of executing a fixed budget in pursuit of several clocks. Others are looking for additional services such as careful packing, and flexible delivery options. Should you need such assistance please contact us for a recommendation.
 
SHIPPING: We use outside companies to ship clocks that provides services worldwide: Please see Payment and Shipping for details. We may be able to offer “in-house” shipping on watches.
 
ESTIMATES: After each description, we have indicated a high and low dollar estimate that should be used as a general guide. The final price may vary considerably from these estimates.
 
RESERVES: There are few items in this sale with a reserve, or confidential minimum selling price, established with the consignor or vendor. Items failing to sell will be noted in the results sheet as $0.00.
 
ITEM DESCRIPTIONS & CONDITIONS:  Employees do their best to aid and assist the customer, however any statements made by Schmitt Horan & Co. employees, agents or contractors are not considered a definitive record of what is being sold. The final record of what is being sold in a lot under any and all circumstances is the catalog provided by Schmitt Horan & Co., both printed and online. If there is a discrepancy between employee statements and the catalog, the catalog is the final and ultimate legal record of what is offered in the lot. We do our best to identify restoration, alteration or other condition issues in the condition report.  We shall not be held liable for failure to do so.  IT IS THE RESPONSIBILTY OF THE BUYER TO CONFIRM CONDITION PRIOR TO BIDDING. If the lot description includes the words “as found” or “as is” the item is sold without any guarantees. All lots containing multiple items are considered in “AS IS” condition and cannot be returned. General maintenance items such as broken suspension springs, broken or missing weight cords, & missing keys are not mentioned. Most clocks and watches will require cleaning and service after purchase. All costs associated with this are the responsibility of the client.  Dimensions are approximate.
 
PHOTOGRAPHS: Please note, some items when photographed, particularly watches, may have shadows, reflections or other marks that are a result of the photographic process and are not permanent. Both buyer and seller grant unrestricted use of auction lot photographs and prices realized to both Schmitt Horan & Co., and to Invaluable.com.
 
RETURNS AND REFUNDS: Returns will be considered only for items that do not conform to catalog description. UNDER NO CIRCUMSTANCES WILL RETURNS BE ACCEPTED OR REFUNDS ISSUED LATER THAN 30 DAYS AFTER THE AUCTION. If there is a problem and a refund or adjustment is requested we ask to be notified within one week of the auction and require to be notified ABSOLUTELY no later than 30 days of the auction, no exceptions. Transit damage alone is not sufficient reason to return an item. We will assist in claims against transport companies.
 
DEFAULT and LITIGATION: REGISTRATION TO BID INDICATES ACCEPTANCE BY THE BIDDER OF THESE TERMS ENFORCABLE AS A NEW HAMPSHIRE CONTRACT.  Schmitt Horan & Co. will not be liable for default by either the buyer, consignor or the vendor. No purchase shall be claimed or removed until paid for in full. S H & Co. reserves the right to refuse to accept bids made by a defaulting buyer at any future auction and to collect all costs and attorney’s fees from the buyer associated with litigation and storage involving default. All legal disputes arising from this contract shall be disputed, litigated or mediated under New Hampshire law in the State of New Hampshire. All consignors or vendors are represented in our records by either name or a code directly associated with that name and are also a legal party to this contract.
©Copyright 2019 Schmitt - Horan Co., Windham NH, USA
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