CONDITIONS OF SALE
William H. Bunch, Auctioneer & Appraiser, LLC will offer the property described in this catalogue, which description may be amended by salesroom notice or announcement, for sale on behalf of various consignors. Unless otherwise indicated in the catalogue, William H. Bunch, Auctioneer & Appraiser, LLC will offer all property as agent for the seller. These CONDITIONS OF SALE and the LIMITED WARRANTY and ABSENCE OF OTHER WARRANTIES set forth below, together with any glossary contained herein, constitute the complete and exclusive statement of the terms and conditions on which all property is offered for sale. William H. Bunch, Auctioneer & Appraiser, LLC reserves the right to vary terms of sale and any such variance shall become a part of these conditions of sale. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer agrees to be bound by these conditions of sale.
1. As used in these conditions of sale, the term “final bid” means the highest bid acknowledged by the auctioneer and the term “purchase price” means the sum of the final bid plus the premium payable by the buyer, as set forth in Condition 4.
2. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between bidders to determine the successful bidder, to continue the bidding or to reoffer and resell the lot in dispute. In the event of any dispute after the sale, William H. Bunch Auctioneer & Appraiser, LLC record of final sale shall be conclusive.
3. William H. Bunch Auctioneer & Appraiser, LLC reserves the right to withdraw any lot before the sale.
4. The purchase price payable by a buyer shall be the sum of the final bid plus a premium of 18% of the final bid. This is discounted to 15% if payment is made by cash or a good check. Internet bidders are required to pay a 23% premium if they purchase items through Live Auctioneers / Invaluable / BidSquare. In addition, buyers are required to pay any sales tax, which may be due, unless exempted by law.
5. Title to the offered lot shall pass to the buyer upon the fall of the auctioneer’s hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other conditions of sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price or such part thereof as the auction house, in its sole discretion, shall require. In addition, the buyer may be required to sign a confirmation of purchase.
6. Payment for all lots purchased must be made within 3 days of the date of the sale. No lot may be removed from William H. Bunch Auctioneer & Appraiser, LLC premises until the buyer has paid in full the purchase price thereof or has satisfied such terms as the auction house, in its sole discretion, shall require. Subject to the foregoing, all lots are to be paid for and removed from Bunch’s premises at the buyer’s expense no later than 4:30 p.m. of the third business day following the sale. The buyer of any lot which remains on Bunch’s premises later than 4:30 p.m. of the third business day following the sale will incur a charge for storage and handling of $10.00 per day for each lot. In addition to other remedies available by law, auction house reserves the right to impose a late charge of 1 ½% per month on the purchase price if the buyer does not make payment in full in accordance with these conditions of sale. Time required to arrange shipping on absentee and internet purchases will be considered, but payment is due in 3 days.
7. Bids which are submitted to William H. Bunch Auctioneer & Appraiser, LLC in writing or are otherwise left with Bunch’s prior to an auction for execution at or below a specified price, as well as telephone bids, shall be entertained and executed by William H. Bunch Auctioneer & Appraiser, LLC for the convenience of bidders not present at auction, but William H. Bunch Auctioneer & Appraiser, LLC shall not be responsible for failing to execute such bids or for errors relating to its execution of such bids.
8. Unless exempted by law, the buyer shall be required to pay any applicable Federal excise tax and state and local sales tax on the purchase price.
9. If the buyer fails to comply with any of these conditions of sale, Bunch’s may in addition to asserting all remedies by law, including the right to hold such defaulting buyer liable for the purchase price, (I) cancel the sale, retaining as liquidated damages any payment made by the buyer, (ii) resell the property without reserve at public auction or privately on seven days notice to the buyer or (iii) take such other action as it deems necessary or appropriate. If William H. Bunch Auctioneer & Appraiser, LLC resells the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including warehousing, the expenses of both sales, reasonable attorneys’ fees, commissions, incidental damages and all other charges due here listed. In the event that such buyer pays a portion of the purchase price for any or all lots purchased, William H. Bunch Auctioneer & Appraiser, LLC shall apply the payment received to such lot or lots that William H. Bunch Auctioneer & Appraiser, LLC in its sole discretion, deems appropriate. Any buyer who fails to comply with these conditions of sale will be deemed to have granted William H. Bunch Auctioneer & Appraiser, LLC a security interest in, and Bunch’s may retain a collateral security for such buyer’s obligations to William H. Bunch Auctioneer & Appraiser, LLC any property in William H. Bunch Auctioneer & Appraiser, LLC possession owned by such buyer. William H. Bunch Auctioneer & Appraiser, LLC shall have the benefit of all rights of a secured party under the Uniform Commercial Code adopted in the state where the auction is held.
10. The respective rights and obligations of the parties with respect to the conditions of sale and the conduct of the auction shall be governed and interpreted by the laws of the state of Pennsylvania. By bidding at an auction, whether present in person or by agent, by absentee bid, telephone or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of the state and Federal courts sitting in the state.
11. William H. Bunch Auctioneer & Appraiser, LLC may, in its discretion and as a service to buyers, arrange to have purchased lots packed, insured and forwarded at the request, expense and risk of the buyer. Bunch’s assumes no responsibility for acts or omissions in such packing or shipping by Bunch’s or other packers or carriers, whether or not recommended by William H. Bunch Auctioneer & Appraiser, LLC.
12. Property Made From or Containing Materials From Endangered or Protected Species
Property that contains any percentage of material made or potentially made from endangered and/or other protected species of wildlife are sold only subject to the following terms. William H. Bunch Auctioneer & Appraiser, LLC does not accept any responsibility or liability for failing to mark such lots. Such material includes, but is not limited to, ivory, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods.
Prospective buyers are advised that several countries completely prohibit importation of property made, all or in part, of proscribed materials. Some countries require special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation as well. Potential buyers intending to import the property into another country should be familiar with the relevant customs laws and regulations prior to bidding on property containing wildlife material. Regulations may vary as the U.S. prohibits importation of articles containing material(s) from species it has designated endangered or threatened if the articles are less than 100 years old.
It shall be the potential buyer's sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. Prospective buyers must also note that the inability or delay in obtaining permits, licenses or other permissions to import or export property containing potentially regulated wildlife material will not constitute a basis for rescission or cancellation of the sale of said property or the delay in payment of purchased items in accordance with the Conditions of Sale.
13. Art & Works on Paper Sold at William H. Bunch Auctioneer & Appraiser, LLC
To the best of our ability, all works of art are described in accordance with industry standard cataloging terms with respect to authorship. Due diligence should be performed prior to bidding, not after. Returns and refund will not be considered unless the request for a return and refund is accompanied by a notarized statement from a generally accepted authority on a particular work. By registering for and participating in this auction, you agree that you have read and will abide by these and all other terms of sale as stated here and elsewhere by the auctioneer.
14. Jewelry Sold at William H. Bunch Auctioneer & Appraiser, LLC
It is the responsibility of the bidder to examine carefully any item(s) of potential interest. For all the jewelry sold at William H. Bunch Auctioneer & Appraiser, LLC the following applies:
All gemstone weights are approximate. Items identified as 14K, 18K, sterling, or other specific assays are stamped as such and are described accordingly. We generally test unmarked metals with 14K acid and those items that test positive are called “unmarked gold”. When we say “tests as high karat” we mean that the metal tested positive with 18 K acid, but no warranty is given as to the actual karat assay of any metal under any circumstance.
We are aware of the many types of treatments and/or enhancements used today on diamonds and colored stones. The purpose is to improve their appearance i.e. color and/or clarity. Techniques like heat treatments, color diffusion, irradiated, HTHP, oiling, resin, bleaching, dying and impregnation are just a few techniques known today. Some treatments combined. Some treatments are not detectable using standard gemological procedures. Not all treatments are permanent. Prospective buyers are therefore reminded that unless otherwise noted in the description(s), it must be assumed that some form of enhancement may have been used.
Regarding laboratories certification: The certifications mentioned in the descriptions only reflect the opinions of the laboratory. From one laboratory to another they do differ on the degrees of grading and/or treatments. And if a stone has a certificate from a laboratory we cannot guarantee this grading.
15. Clocks & Watches Sold at William H. Bunch Auctioneer & Appraiser, LLC
The description of the condition of clocks and watches in this catalogue, including references to defects and repairs, is provided as a service to prospective buyers, but such description is not necessarily complete. While William H. Bunch Auctioneer & Appraiser, LLC will furnish a condition report on any lot to a prospective purchaser upon request, any such report may also be incomplete and may not specify all mechanical replacements or defects. Accordingly, all clocks and watches should be viewed personally by prospective buyers to evaluate the condition of the property offered for sale. All lots are sold “as is,” and the absence of any reference to the condition of a clock or watch does not imply that the lot is in good condition and without defects, repairs or restorations. Virtually all clocks and watches have been repaired in the course of their normal useful lifetime and may now incorporate parts not original to them. Furthermore, William H. Bunch Auctioneer & Appraiser, LLC makes no representation that any clock or watch is in working order.
16. Asian Arts Sold at William H. Bunch Auctioneer & Appraiser, LLC
We are aware of the many types of treatments and/or enhancements used today on jade. The purpose is to improve their appearance, i.e. color and/or clarity. Techniques like bleaching, dying and impregnation are just a few techniques known today. These treatments are not detectable using standard gemological procedures. Not all are permanent. Prospective buyers are therefore reminded that unless otherwise noted in the description(s),* it must be assumed that some form of enhancement may have been used. * Accompanied by a laboratory report stating natural, no evidence of treatment.
17. Buyer’s Premium and Sales Tax
Bidders are reminded that the purchase price to be paid by the highest bidder shall be the sum of the final bid plus 18% of the final bid. This is discounted to 15% if payment is made with cash or a good check. Internet bidders are required to pay a 23% premium if they purchase items through Live Auctioneers and/or Invaluable. In addition, buyers are required to pay any sales tax, which may be due, unless exempted by law.
18. Price Range Estimates
This catalogue may be published with the opinion of William H. Bunch Auctioneer & Appraiser, LLC as to the estimated price range for each lot. These estimates are the approximate prices expected to be realized at auction. They should not be relied upon as a prediction or guarantee of the actual selling price. They are well in advance of the sale and are subject to revision. The estimates printed in the auction catalogue do not include the buyer’s premium.
19. Bidding Generally
The auctioneer will accept bids from bidders present in the salesroom, absentee bidders participating in the auction by telephone or internet and absentee bidders who leave written, or order, bids with William H. Bunch Auctioneer & Appraiser, LLC in advance of the auction. Some lots offered may be subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and William H. Bunch Auctioneer & Appraiser, LLC below which the lot will not be sold. A representative of William H. Bunch Auctioneer & Appraiser, LLC will execute such reserves by bidding for the consignor. Reserves are set at or below the estimated range. Under no circumstances will reserve amounts be disclosed to prospective bidders.
20. Absentee Bids
When bidders are unable to attend the sale, the auction house will be pleased to enter their absentee bids. These bids should always be made or confirmed in writing by fax or internet bid. Such bids will be executed at the lowest price taking into account the reserve price and other bids. If two or more parties have entered matching bids, the first bid received shall take preference. The auctioneer may execute bids for absentee bidders directly from the podium.
21. Telephone Bids
Telephone bids will also be executed for absentee bidders who wish to participate in the auction. Arrangements for telephone bidding must be confirmed in advance with the office, 610-558-1800. The staff will execute telephone bids from designated areas in the salesroom.
22. Condition Report
William H. Bunch Auctioneer & Appraiser, LLC will be pleased to provide a condition report for any lot on request. Nevertheless, prospective buyers are reminded that each lot is sold “as is”, and their attention is drawn to the Important Notice set forth below.
23. Important Notice
All property is sold “as is”, and neither William Bunch Auctions & Appraisals, LLC nor the seller makes any express or implied warranty or representation as to the condition of any lot offered for sale, and no statement made at any time, whether oral or written, shall constitute such warranty or representation. Descriptions or conditions are not warranties. The descriptions of the conditions of articles in this catalogue, including all references to damages or repairs, are provided as a service to interested persons and do not negate this paragraph. Accordingly, all lots should viewed by prospective buyers to evaluate the condition of the property offered for sale.