Conditions of Sale

Terms and Conditions

Bidding on any item indicates the bidder's acceptance of the following terms and conditions: It is the responsibility of the buyer to check federal, state and local laws governing the purchase, possession and transportation of all items. Our offer for sale is void where prohibited by law.

1. There is a 15% buyers premium for this sale and we do not charge a fee for using a credit card for payment.
As this is a timed online auction, Lot 1 will begin to close at 6:00 PM EDT on Sunday, September 8, 2024. Each successive lot will start to close 30 seconds after the next. These will be soft closes so any bid received within 5 minutes of the end closing time will extend the bidding for another 5 minutes so everyone can have the opportunity to bid. Important: Please sync your computer or laptop clock with the correct time as an inaccurate time can be confusing when the lot closes.

2. Accepted methods of payment are cash, check, wire transfer, or major credit cards accepted through the AuctionZip/Invaluable websites (Stripe). To use the credit card option, just pay the invoice you receive from us by hitting the "submit secure payment" button on the online invoice and that will charge the card you have used to register with the auction. If you have not paid your invoice in 5 days after the close of the auction (by September 14th) then we will automatically charge the credit card you used to register unless we hear from you to do otherwise.
We reserve the right to ask for payment in a wire transfer based on buyer's geographic location, amount owed, and past buying history on the Invaluable/AuctionZip systems. If not known to our auction house and you have purchased gold, silver or coins, then we will ask for your payment by check, cash or wire transfer.

Please note that Stripe, which is a credit card processor of the Invaluable/AuctionZiip platform does not allow payment to be made on vehicles and some other items such as guns, knives and other weapons. Therefore, if such items are featured in the auction will need to be paid for by cash, cashiers check, wire transfer or you can still use your credit card by calling Pam Murphy at 859 274 6605. We have indicated on the description of the item if this applies to the lot.

There is a handling charge of $35.00 for any returned check. Currency is U.S. Dollars.

3. All items that are purchased must be paid for and picked up by September 14, 2024. We strongly encourage all winning bidders to communicate with us ASAP as to your intentions of payment and pickup/ shipping. An invoice will be emailed to all winning bidders on Sunday night after the close 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 the auction closes and before being picked up. Any lots won and not paid for within 6 calendar days may be sold to the backup or another bidder. This is especially true when we do not hear from the successful bidder on their plans to pay their invoice.

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 payment and pickup of items. 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 via Common Carrier (USPS, UPS, Fedex, etc.) 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. 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.

6. We will have three previews for this auction. They are Sunday, September 1 from 1-3 pm, Friday, September 6 from 4-6 pm and again on Saturday, September 7 from 10am- Noon. The venue is located at 30 E. High St., Mt. Sterling, Ky. 40353. We also have the large shop tools that David Brumagen used that are still in Morehead as we could not display them in our auction building. You can preview these on Thursday, September 5, 6:00 - 7:00 pm at 700 Big Woods Rd., Morehead, Ky. 40351
If you cannot make any of these days and times, then please call Dave Diederich at 859 745 2900 or Bruce Wise at 859 321 1230 to schedule a mutually convenient time.

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. Inspection is the responsibility of the buyer.

7. 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.

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

9. Pickup of items won will be appointment only. We will start taking appointments on Monday, September 9 and will continue all week ending on Saturday, September 14. Call Dave Diederich at 859 745 2900 to make your appointment. We have items coming into the building starting September 15 so it is important that you help us by a timely pickup of your items.
If you have not paid online, then payment can be made at pickup. Please bring your own packaging and additional help if needed for loading items. All removals must be completed in a professional and tidy manner. Not responsible for accidents.

For those buyers who wish to have their merchandise sent or who are out of the area and will not pick the items up, shipping arrangements can 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. A list of shippers that have been used by past customers is below: It is the buyer's responsibility to contact the shipper and then contact Pam Murphy to communicate which shipper you are using so we can coordinate getting it into their hands. Pam's number is (859) 274-6605.

UPS Store, Winchester, Ky. 859 745 4422, [email protected]
The Mailroom, Lexington, Ky.: 859 268 0206, [email protected]

Shippers are independent of Caswell Prewitt Realty and are not endorsed by it; therefore, we are not responsible for problems associated with shipping. Merchandise is stored at the risk of the purchaser.

10. 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 and conditions and hereby agree to remove all items purchased form the auction premises within thirty days. If you do not do so, you hereby authorize Caswell Prewitt Realty, Inc. to sell any items not so removed at any sale it so chooses in its sole discretion and agree to receipt of the net sales proceeds therefrom, less sales commission, as determined by Caswell Prewitt Realty, Inc., in its sole discretion. By your acceptance hereof, you hereby fully and forever release, indemnify and hold harmless Caswell Prewitt Realty, Inc., its agents, officers, employees, directors, shareholders, contractors, affiliates, predecessors, successors and assigns from any and all claims, liability, damages and causes of action of any nature whatsoever, whether pertaining to your purchase and/or removal of items purchased at auction or otherwise.

If you need additional information, contact Dave Diederich at (859) 745-2900, or email [email protected]

Inspection and Preview

We will have three previews for this auction. They are Sunday, September 1 from 1-3 pm, Friday, September 6 from 4-6 pm and again on Saturday, September 7 from 10am- Noon. The venue is located at 30 E. High St., Mt. Sterling, Ky. 40353. We also have the large shop tools that David Brumagen used that are still in Morehead as we could not display them in our auction building. You can preview these on Thursday, September 5, 6:00 - 7:00 pm at 700 Big Woods Rd., Morehead, Ky. 40351
If you cannot make any of these days and times, then please call Dave Diederich at 859 745 2900 or Bruce Wise at 859 321 1230 to schedule a mutually convenient time.

Buyers Premium and Sales Tax

There is a 15% buyers premium for this sale and we do not charge a fee for using a credit card for payment.
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 payment and pickup of items. 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 via Common Carrier (USPS, UPS, Fedex, etc.) but WILL apply to items purchased by out of state buyers and picked up in the state of Kentucky.

Shipping Terms and Pick-up

Pickup of items won will be appointment only. We will start taking appointments on Monday, September 9 and will continue all week ending on Saturday, September 14. Call Dave Diederich at 859 745 2900 to make your appointment. We have items coming into the building starting September 15 so it is important that you help us by a timely pickup of your items.
If you have not paid online, then payment can be made at pickup. Please bring your own packaging and additional help if needed for loading items. All removals must be completed in a professional and tidy manner. Not responsible for accidents.

For those buyers who wish to have their merchandise sent or who are out of the area and will not pick the items up, shipping arrangements can 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. A list of shippers that have been used by past customers is below: It is the buyer's responsibility to contact the shipper and then contact Pam Murphy to communicate which shipper you are using so we can coordinate getting it into their hands. Pam's number is (859) 274-6605.


The Mailroom, Lexington, Ky - 859 268 0206, [email protected]
UPS - Winchester - 859-745-4422, [email protected]

Shippers are independent of Caswell Prewitt Realty and are not endorsed by it; therefore, we are not responsible for problems associated with shipping. Merchandise is stored at the risk of the purchaser.