Auction Terms & Conditions Terms and Conditions of Sale Muller Auction Company, 301 West Main Street, Kutztown, PA 19530. By bidding at Muller Auction Company whether it be live, online, onsite, absentee or phone bid, you agree to be bound by Muller Auction Company's Terms & Conditions stated here forth. Addendum statements made day of auction take precedence over previously printed materials. The validity and interpretation of any of the terms and provisions of this agreement or of the rights and duties of the parties under this agreement shall be governed by the laws of the Commonwealth of Pennsylvania and venue of all proceedings shall occur in Montgomery County, PA. Bidding Qualifications Live Bidding Buyers must register for a bidding number by giving name, address, phone number, and identification acceptable to us. Please show your bidder number to the auctioneer after each purchase you make. The highest bidder shall be the buyer, and if any dispute arises between two or more bidders, the auctioneer shall decide the buyer or immediately put the item up for sale again. In the event of a tie between an online bidder and the floor bidder, the successful bidder will be at the Auctioneer's discretion. The auctioneer's decision will be binding and final. Some lots are offered subject to a reserve, which is a confidential minimum price below which such a lot will not be sold. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes. Live and Online Bidding Live and Online Auctions are conducted in front of a live audience. During these events each item presented in the auction is also available for bidding in an online venue hosted by a third-party provider. While the auctioneer is receiving bids from an assembled audience, phone and absentee bidders, the auctioneer is also taking bids from bidders who are bidding through the third-party providers in real time or by advance bidding. Following the auction, the successful bidders are notified, and payment arrangements are made; applicable buyer's premium applies. At its discretion, Muller Auction Company may also accept bids from approved internet bidders. Muller Auction Company or any of its staff shall not be held responsible or liable for any human or technical bidding errors, or internet bidding system shutdowns that may occur. Online Only Bidding Muller Auction Company sometimes uses the services of a third-party auction platform for online bidding. Please refer to third party website for how to register and bid online. Buyer is responsible for all online bidding. Muller Auction Company cannot place bids for the buyer as the buyer must properly register and bid through the third-party platform. At its discretion, Muller Auction Company may also accept bids from approved internet bidders. Muller Auction Company or any of its staff shall not be held responsible or liable for any human or technical bidding errors, or internet bidding system shutdowns that may occur. Live Online Auctions (Online Only Auction with Multiple Bidding Platforms) Auction is open for pre-bidding until the start of the auction at which time pre-bidding will cease and the auction will go live at the auction center (no live audience, just our auctioneer and auction staff). When the auction goes live, lots will be sold one at a time, in numerical order, by a live auctioneer who will be taking bids from multiple online bidding platforms, absentee and phone bids. During pre-bidding you can submit a max (maximum) bid. The bidding platform or our auction staff will bid on your behalf up to the maximum bid that you have entered. Once the auction goes live if you wish to increase your bid you will have to wait until that lot opens for bidding and enter any additional bids manually. Absentee Bidding For those unable to attend the auction, Muller Auction Company offers the absentee bid service as a convenience to our patrons. Muller Auction Company will not be held responsible for error or failure to execute the bid(s). Absentee bids must be in writing and a fifty dollar ($50) minimum bid is required per item. Phone Bidding Phone bids must be in writing. All phone bids are required to open at $250 or half of the published estimate (whichever is greater and no less than $250). We suggest that phone and absentee bids be made 24 hours in advance to allow time for processing. Everyone leaving an absentee/phone bid must be willing to leave their credit card number to assure payment of a successful bid(s) is received by the end of the next day following an auction. Illegible bid(s) will be disregarded. Applicable sales tax will be added to the sales total unless a tax-exempt number is on file in our office by the day of the auction. Applicable Buyer's Premium will be added to each purchase. All successful bid(s) requested to be shipped to the buyer will be sent by an in-house or third-party shipper and billed by the shipper. Buyer is responsible to make shipping arrangements. Bids are executed in competition with the audience on an alternate basis. Due to uncertainties of bidding, a lot may sell to the audience for the same amount authorized by the absentee bid. To avoid this possibility, the absentee bidder may authorize Muller Auction Company to increase their bid by one increment by placing a (+) sign beside the bid price. Merchandise is to be removed from the Auction location during the specific auction's stated pick-up dates and times. Muller Auction Company offers the absentee/phone bid service as a convenience to our patrons who are unable to attend the auction. Muller Auction Company will not be held responsible for error or failure to execute the bid. All items are sold as is without warranty or guarantee. Muller Auction Company shall have the right to accept absentee and phone bids for any items consigned for any auction. Muller Auction Company reserves the right not to execute any absentee bid at its discretion and to have no liability for any inadvertent failure to execute any such bids. Bidding Increments for Live, Online, and Phone Bidding Generally, bidding increments are made as follows although Auctioneer has the discretion and authority to change. Online bidding increments may vary, see each auction for details. Minimum Maximum Bid Increment Dollar Amount Dollar Amount US $0 US $49 US $1 US $50 US $199 US $5 US $200 US $499 US $10 US $500 US $999 US $25 US $1,000 US $1,999 US $50 US $2,000 US $4,999 US $100 US $5,000 US $9,999 US $250 US $10,000 US $19,999 US $1,000 US $20,000 US $49,999 US $2,500 US $50,000 US $99,999 US $5,000 US $100,000 and above at Auctioneer's discretion For Example: When price is at $150, the next bid increment is $155. When price is $250, the next bid increment is $260. When the price is $500, the next accepted bid is $525. 2. Buyer's Premium, Sales Tax and Payment Applicable buyer's premium is applied per auction. The hammer price, buyer's premium, shipping charges (when applicable) and sales tax shall be added together to reach the total purchase price for an item. PA residents pay 6% sales tax unless a Tax-Exempt Form is on file. Please note when bidding on Hi-Bid or Live Auctioneers third-party platforms and are an out-of-state buyer: if you live in a state that Hi-Bid or Live Auctioneers has sales tax nexus in, Live Auctioneers will include sales tax unless you have a valid tax exemption certificate on file with them. Upon a successful online bid, the credit card registered for said online bidding platform whether Muller Auction Company or a 3rd party platform will be billed automatically for all winning bids within the auction. Acceptable forms of payments are Visa, MasterCard, Discover, American Express, PayPal (except for Firearms, Militaria & Sporting Auctions), wire transfer, money order, cash, and check. Payments are due immediately upon purchase and before exiting the facility. Returned checks will be assessed a $35 charge for insufficient funds. Successful online bidders, who bid through a third-party online bidding platform, will be assessed a 5% surcharge. This charge offsets the fee collected by the third-party platform. For more information regarding this charge please see third party website for terms. Shipping and Pick-up Customer Responsibility Check List: " Payment " Pickup or Shipping Scheduling/Arrangements " Vehicle, Helpers, Packing Supplies " Review Terms Muller Auction Company offers in-house shipping, subject to limitations. Shipping, handling, and insurance fees are additional to the total purchase price. YOU ARE RESPONSIBLE FOR MAKING SHIPPING ARRANGEMENTS. Fees must be paid in advance by credit card. If you choose to ship your item, Muller Auction Company never automatically assumes that you want shipping. Please confirm or discuss your needs prior to completion of sale. Third-Party Shipping While we try to provide shipping for most items that our auctions offer, items that are large, heavy, or more fragile in nature will need to be shipped by a third party. It is at the discretion of the shipping department to determine which items can be shipped and which will require third-party shipping. Google search and contact a third-party shipper near Kutztown, PA. Once you arrange shipping, please contact us to authorize product release to your shipper. Muller Auction Company is not responsible for any damage or loss that occurs via a third-party shipper. Fine and Decorative Arts Shipping Due to the oversized, heavy, or fragile nature of Fine Art and Collectors Auction items, most items must be shipped via a third-party shipper. In addition, Muller Auction Company does not have an export license so all international shipments valued at $2,500.00 or higher, including hammer price and buyer's premium, must be shipped by a third-party shipper. Please allow 2 weeks for shipping from receipt of payment. For all other inquiries please contact us. Jewelry Shipping Jewelry purchased with a credit card by first time customers of Muller Auction Company will not be express shipped and may take up to 7 - 14 business days to be released for shipping. This hold on shipping does not apply to payment made with cash, money order, wire transfer, payment through a third-party bidding platform and payment through PayPal provided that the shipping address is validated, and the PayPal transaction matches the shipping address we are provided. International Shipping Muller Auction Company does not provide international shipping. International shipments will need to be handled by a third-party shipper. Please contact us to discuss before bidding. Pick-up If you choose to pick-up your lots at the Auction Center, you must schedule a pickup appointment. Appointments are accepted Monday - Thursday 9:00AM - 4:00PM and Fridays 9:00 AM - 3:00 PM. Packing materials are the responsibility of the purchaser. Holding and Handling Fees | Product Abandonment Due to our increased online business and space limitations, auction items must be picked up in a timely manner within 10 business days of auction close. Thus, we are implementing a Holding and Handling Program effective November 1, 2021. When you are a winning bidder of a Muller Auction Company item (at offsite location) you are required to pick-up your items at that location on given date and scheduled time. If you request to have your lots brought back (at additional cost) from a location to Muller Auction Company (Kutztown) you are required to pick-up items within 10 business days. Following industry standards, after business 10 days you will be assessed a $5.00 per lot, per day, Holding and Handling fee. This fee will be assessed and charged to your credit card upon pickup of your items. Please note that if items are picked up within 10 days, you will not incur a fee. Please note that equipment and vehicle Holding, and Handling fees are $125/month. Please note that unpaid items remaining at our auction center 30 calendar days after the auction date will be considered abandoned and will be consigned to a future auction without additional notice to the purchaser. Warranty and Condition Reports All announcements made on auction day shall take precedence over previously distributed information, print or electronic media. All items are sold "AS-IS, where-is" with no warranty expressed or implied. Descriptions are believed to be accurate but not guaranteed. Please bid accordingly if you are uncertain of the condition or use of an item. Statements by Muller Auction Company regarding the condition of objects are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation or assumption of liability by Muller Auction Company. Photographs may also be used to represent condition of an item. While every effort is made to determine provenance, authenticity, and condition, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding. Provenance and authenticity including attributions are guaranteed by neither the consignor nor Muller Auction Company. Muller Auction Company strongly encourages bidders to personally inspect all lots. The Bidder should also review online descriptions, listings and/or catalogs to obtain necessary information. Bidders may contact Muller Auction Company for a condition report. Muller Auction Company will attempt to furnish one but shall not be liable for failing to do so. All auction inquiries must be received a minimum of 48 hours prior to the start of the auction. Textiles Textiles including rugs, are subject to varying degrees of wear, soiling and damage including pest damage and dry rot. Bidders are responsible to satisfy themselves regarding the condition of the items they are bidding on from the information and photographs provided, by personal inspection at preview or by calling Muller Auction Company prior to preview for a condition report. All items are sold "AS IS." Estimates Item estimates provided in print or electronic media are not a representation or a prediction of the hammer price that will be realized at auction, which may be substantially different from our original estimates. We shall not be liable for any discrepancies between our estimates and a price realized. Any appraisal, estimate or opinion expressed by any principal or employee of Muller Auction Company, consultant to Muller Auction Company, or other person with respect to the anticipated auction price of any item or merchandise is a statement of opinion only and Muller Auction Company makes no guarantee, warranty, or agreement with respect to the sale price of any item. Artwork Authorship & Authenticity General 1. If we say "c." for circa, a certain date, then it was made within 25 years of that date. 2. Measurements are given within 1" of actual size. 3. Measurements are given height before width. 4. WAF means With All Faults 5. Muller Auction Company is not responsible for color variations in print and electronic media. 6. Muller Auction Company is not responsible for typos in print and electronic media. 7. Terms & Conditions may change frequently and without notice. Latest version of Terms & Conditions will always supersede any previous printed or online statements. Authorship 1. Name of Artist- Indicates that the work, in our best judgment, is by the named artist. 2. Attributed to- In our best judgment, the work may be by the artist. 3. Circle of- In our best judgment, a work of the period of the artist and closely related to the artist's style. 4. School of- In our best judgment, a work by a pupil or follower of the artist. 5. After- In our best judgment, a copy of the known work of the artist. 6. In the Manner of- This painting represents the style of the named artist but was painted later; the authorship is unknown. Authenticity Signature- The signature, inscriptions and dates are transcribed in print as they appear and are located as follows: SLL: Signed Lower Left SLR: Signed Lower Right SUL: Signed Upper Left SUR: Signed Upper Right SLC: Signed Lower Center SUC: Signed Upper Center. If we state "signed" in our opinion, the signature is of the named artist. If we state "bears signature" in our opinion, the signature might be that of the artist, but we make no guarantee that the work is by the named artist. Authentication Policy for the sale of US/Foreign Coins, Autographs, Comic Books, Sports Cards, Diamonds and Gemstones. 1. Items offered for sale are described and graded by Muller Auction Company team of specialists, relying on personal knowledge, comparable sales, and research in their respective fields. These items are described for information purposes and are sold "As Is". Buyer(s) shall satisfy themselves through inspection, photos and/or condition reports. 2. ONLY guarantee of authentication is if documentation is provided by a third-party service such as - NGC, PCGS, PSA, SGC, ANACS and GIA. Clocks and Watches Due to the sensitive and mechanical nature of clocks and watches, we do not guarantee them to be in running or working condition. Furniture If we say, "Chippendale Mahogany Chest of Drawers," we represent that the piece was made during that period. If we say, "Chippendale Style Mahogany Chest of Drawers," we represent that the piece looks like the period mentioned, but it was crafted later. Limitations of Liability Muller Auction Company is not liable for any breach or default by the consignor of a Lot. Muller Auction Company may withdraw any item before the sale if there is doubt as to the authenticity, title, or laws restricting the sale of the item or the accuracy of the Consignor's representations. Governing Law Pennsylvania State Law prohibits any owner from bidding on their own merchandise to enhance the value. "Bidding in" or bidding on behalf of the Consignor shall be grounds for discontinuation of the auction and a claim for any resulting damages including, but not limited to, a reasonable amount for lost commissions.