J. Phil Smith Estate Auction

Terms and Conditions

Bidding on any item indicates the bidder's acceptance of the following terms and conditions:

1. There is a 10% buyers premium for this sale. If you buy online, there is an additional 5% online fee charged.

2. Accepted methods of payment are cash, personal or business check, wire transfer ($15 fee), Visa, American Express and MasterCard accepted through Paypal. There is a handling charge of $35.00 for any returned check. Currency is U.S. Dollars. There is a 3% convenience fee for using a credit card or Paypal.

3. All items that are purchased by online buyers must be paid for within 5 business days of the auction. (August 5, 2016) An invoice will be emailed to all Ebay, AuctionZip and Invaluable winning bidders within 24 hours of the end of the auction. Caswell Prewitt Realty reserves the right to hold all purchases until checks or credit card transactions have cleared to the satisfaction of Caswell Prewitt Realty and its bank. All items that are purchased in the auction must be paid for after auction closes and before being shipped..

4. Sales Tax: Residents of Kentucky will be charged a 6% state sales tax that will be applied to all sales unless a KY tax exemption certificate has been completed and signed prior to the close of the auction. Out of state sales tax exemption ID numbers may be used when completing the KY tax exemption form. Kentucky state sales tax will not apply to items shipped out of state but will apply to items purchased by out of state buyers and picked up in the state of Kentucky.

5. Your bid is a contract. Do not place a bid that you are unwilling or unable to honor. If you are declared the winning bidder, you have entered into a legally binding contract to purchase the property offered. If you have questions about an individual item, please contact the auctioneer before bidding.

6. The high bidder acknowledged by the Auctioneer shall be the purchaser of that lot. The Auctioneer is the sole determinant as to who is the successful bidder. Once an item is declared as "sold", the successful bidder assumes full risk and responsibility for the purchased lot.

7. All property is being sold "AS IS". Inspection opportunities are available to those who wish to preview at the auction site located at the Clarion Hotel, 1950 Newtown Pike, Lexington, KY 40511 on Friday, July 29 from 4:00 pm- 7:00 pm and again on Saturday, July 30, from 8:00 AM until auction starts at 10:00 AM. We strongly suggest that you take advantage of these inspection opportunities. Bidders who take advantage of off-site bidding acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder's sole responsibility to determine whether or not to bid on any item. Caswell Prewitt Realty has endeavored to accurately describe all items being sold but all property being offered is to be sold "AS IS". No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of, or person in the employ of Caswell Prewitt Realty shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that photographs may have had size modifications for display purposes, or have been trimmed to exclude framing, matting, and wide blank margins. Also, variations in color may occur due to digital processing. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Caswell Prewitt Realty shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging.

If you are unable to inspect the auction items and wish to have a generalized report of condition, contact Dave Diederich at [email protected] or call 859 745 2900. Leave a message if no answer and your call will be returned in a timely manner. Please realize that since the items are currently in storage, the first opportunity to inspect an item further will be on Thursday, July 28.

8. The Auctioneer reserves the right to withdraw any lot prior to being offered in the auction and shall have no liability whatsoever for withdrawal of the property.

9. Caswell Prewitt Realty WILL NOT BE HELD RESPONSIBLE FOR INTERNET BIDS THAT ARE NOT SENT, RECEIVED, OR EXECUTED BY THE ADMINISTRATOR.

10. Pick up of items won and to be paid for will be held on Saturday, July 30 and again Sunday, July 31 from 1:00 PM- 5:00 PM at the auction site: Clarion Hotel, 1950 Newtown Pike, Lexington, KY 40511 Please bring your own packaging and additional help if needed for loading items.
For those buyers who wish to have their merchandise sent, shipping arrangements must be made through the buyer's own shipper as Caswell Prewitt Realty does not provide in-house packing or shipping. All packing and shipping of merchandise will be at the risk and expense of the buyer. We do not provide estimates for shipping. You must obtain your own estimate by contacting your choice of shipper. Shippers are independent of Caswell Prewitt Realty and are not endorsed by it; therefore, we are not responsible for problems associated with shipping. Merchandise not picked up by Sunday. July 30 will be removed from auction site and stored at the risk of the purchaser.

11. By registering for this sale and bidding on any item, all bidders are entering into a contract and agree to abide by and accept these terms of sale.

For additional information, contact Dave Diederich (859) 745-2900 or [email protected]

Buyers Premium

There is a 10% buyers premium for this sale. If you buy online, there is an additional 5% online fee charged.

Payments

Accepted methods of payment are cash, personal or business check, wire transfer ($15 fee), Visa, American Express and MasterCard accepted through Paypal or using the automated WePay system on Invaluable. There is a handling charge of $35.00 for any returned check. Currency is U.S. Dollars. There is a 3% convenience fee for using a credit card or Paypal. If an invoice remains unpaid, we will then automatically charge the credit card on file after 4 days of sending the invoice to the winning bidder.

State SalesTax

Sales Tax: Residents of Kentucky will be charged a 6% state sales tax that will be applied to all sales unless a KY tax exemption certificate has been completed and signed prior to the close of the auction. Out of state sales tax exemption ID numbers may be used when completing the KY tax exemption form. Kentucky state sales tax will not apply to items shipped out of state but will apply to items purchased by out of state buyers and picked up in the state of Kentucky.

Shipping Terms

Please contact Boxstop Shipping Centers for your shipping needs. They can do one package or a pallet. Their email is [email protected] or call Ann, Wendy or Stan at 859 271 2393. You also can choose the shipper of your choice but we have used Boxstop and have had success with them. If no alternative shipper is identified by the winning bidder, then Boxstop will pick up items on Sunday and take them to their warehouse for storage until the items are paid for and shipped.

Be advised that if an item is large and you live far from Kentucky, especially on the West Coast, then shipping can be expensive. Contact Boxstop to obtain an estimate prior to bidding so that you know the approximate cost of shipping.