Payment must be made prior to removal or shipping of any purchased items by December 28, 2021, unless other arrangements are specifically made with the Eaton Hudson. Buyer's premium: A 23% Buyer's Premium will be added to all sales. Credit Card Fee: An additional 3% fee will be charged if paying by credit card. Note: Everything has been described to the best of our ability with regards to condition and descriptions. Call Auctioneer's office for any questions prior to placing bids. SALE TERMS and CONDITIONS ALL SALES ARE FINAL 1. Buyer (identified below) acknowledges that s/he has conducted a thorough inspection of the merchandise being purchased hereunder. All merchandise is sold in an "AS-IS, WHERE-IS, and AS INSPECTED" condition WITH ANY AND ALL FAULTS. The Seller (identified below) makes no warranties or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies in any printed materials or otherwise. No warranties are made as to the merchantability of any item or its fitness for any purpose. Everything has been described to the best of our ability. 2. Payment must be made by Buyer to Seller prior to any removal of any item purchased hereunder by cash, wire transfer, certified check, to the Seller, Visa, MasterCard or American Express. When paying by credit card, Buyer is waiving any and all rights to initiate a credit card charge-back against the transaction and or the Seller. Credit card transactions will appear on the Buyer's credit card statement as: Eaton Hudson. If paying by wire transfer the buyer has 7 days to complete the transaction. Any wire transfer payment not received within seven (7) days of the sale date constitutes a breach of this contract. 3. Applicable state sales tax of 5% will be added to all purchases if being picked up in person unless a resale certificate is provided. Exempt Buyers must provide a copy of their sales tax-exempt certificate to the Seller at the time of purchase. Seller will retain this copy of the certificate for the sales records. Buyers unable to provide a copy of this tax-exempt certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds through appropriate government agencies. Seller will not provide a tax refund. 4. Seller shall not be responsible for non-delivery to any Buyer of any item other than to refund the sum paid on any item, should Buyer be entitled to said refund due to Seller error. 5. The Seller reserves the right to withdraw any listed item from the sale. 6. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal. Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer's expense and Buyer shall not be entitled to any monies associated with the sale of such merchandise. Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in Boston, MA, without regard to choose of law provisions, and each party irrevocably submits to the jurisdiction of the Massachusetts courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of Massachusetts. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. 7. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THESE TERMS AND CONDITIONS, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. EATON HUDSON will re-market and re-sell this property. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF EATONHUDSON HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 5 DAYS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES EATONHUDSON TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. 8. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified. The terms of this agreement are for the benefit of Seller and Buyer and no third party shall have any rights hereunder. 9. If for any reason whatsoever, Seller is unable to effect delivery of any purchase or clear title to the same, or any necessary documentation required in respect of any purchase, whether before or after delivery of such purchase, Seller's sole liability, if any, shall be the return of any monies paid on such purchase upon its return to Seller. Any purchase the subject of this paragraph shall be returned or surrendered to the Seller forthwith upon demand, such demand to be at the sole option of the Seller. 10. You are signing a written, binding contract signifying that you have read these terms and all posted terms and agree to the terms and conditions of the sale. If you do not agree or understand the terms and conditions of the sale, please return your bid card to registration. The sales invoice identifies the merchandise being sold to Buyer and the date by which such merchandise must be removed. 3% Credit Card Fee If paying by credit card an additional 3% fee will be charged. Payment Terms Payment will be accepted in cash, wire transfer or credit card only. A 3% fee will be charged if paying by credit card. A $15. fee will be charged if paying by wire transfer. Shipping Terms Buyer pays all packing and shipping costs. A 23% Buyers Premium Will Apply A 23% Buyer's Premium will apply on all sales.