Terms
Condition of Goods - In publishing this catalog, Bartkus Auctioneers 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 Bartkus Auctioneers 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 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. Bartkus Auctioneers 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, in working or functional condition and/or aging. Bartkus Auctioneers does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, electric/model trains, and other mechanical or electric items to be complete or in working condition. Display materials shown in photographs are not included with the lot unless stated in the description. Box lots are only guaranteed to have those items listed in the description and no condition reports or additional photographs will be provided.
Liability - Bartkus Auctioneers is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees, or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, completeness, condition, attribution, authenticity, rarity, importance, medium, provenance, prior ownership history, or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Disputes - The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding.
Title to Goods - Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once title has passed.
Removal of Goods - Delivery and storage shall be available at purchaser's expense and risk. We can recommend several competent shippers and make arrangements for long-term storage or worldwide shipping (please see shipping). Otherwise, all property must be removed from the premises within five (5) days of the sale conclusion of the sale. All merchandise left over 30 days will be subject to a $50.00 storage fee per month. After 60 days merchandise is considered abandoned and will become property of Bartkus Auctioneers.
Shipping - Within 1 day of the auction ending you will receive a text message and email from Shipping Saint to select pick up time and or shipping. We may take up to 15 business days to ship for large auctions. You will be billed separately for shipping when your items are packed & weighed. All shipping fees must be paid directly through the Shipping Saint link. You will receive this link through text and email. Shipping will be via USPS, FedEx or UPS. When shipping invoice is paid shipping will be finalized and you will receive tracking number once your label is printed.
Payment Terms - The Payment Period for all Auctions shall be determined by Bartkus Auctioneers and will be posted in the auction-specific terms. Full payment from the winning bidder in the amount of the auction closing price, applicable Buyer's Premiums and sales tax must be posted to a secure payment account designated by Bartkus Auctioneers within the posted Payment Period. Buyers may pay for their Items online with a valid credit card or send payments via wire transfer or certified bank check. Bartkus Auctioneers reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. Without limiting the foregoing, full payment is due prior to the removal or transportation of purchased Items. If you bid on the wrong item, unintentionally bid on an item, or decide you just don't want the item that is not grounds for refusal to pay and the auction house will not assume the cost of your mistake.
Sales Tax - Pursuant to the laws of the State of Indiana, all sales, including buyer's premiums, are subject to the collection of a 7% sales tax. For online bidders, we must charge sales tax if the buyer lives in Indiana or picks up in Indiana. You may present a valid resale license and complete the necessary Indiana certificate for Sales Tax Exemption. Lots shipped out of state are not subject to IN state sales tax.
Buyer's Premium - There will be a buyer premium added to the sale of the successful high bid if bidding directly at a live auction or on Bartkusauctioneers.com. Buyer's premium is different for different auctions. Go go TERMS for the auction you wish to bid on to see all TERMS for a specific auction! This is regardless of payment method. All bidding at auction and all purchases will be in U.S. Dollars.
Payment - Cash, Check or Credit Card (Visa, Mastercard or Discover), wire/bank transfer. There will be a 4% processing fee added for all credit cards payments.
No Chargeback Policy - Purchasers agree that disputes of any nature may not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Bartkus Auctioneers and/or its credit card merchant. By purchasing at Bartkus Auctioneers, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus all administrative fees, costs, attorney fees, and/or any other charges associated with responding to said chargeback due to the administrative burden or responding to said dispute.
Errors - Bartkus Auctioneers is not responsible for any typographical or any other error or omission in this catalogue or subsequent price key. Bartkus Auctioneers reserves the right to withdraw any property before the sale.
Estimates - Any estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.
Exhibition - Prior to every sale we have an exhibition of the items in the catalogue. Our staff is present to answer questions about items and to offer help with the auction process. Preview will be two hours before sale time on both days, and by appointment.
Absentee / Internet Bidding - As a service to our customers, Bartkus Auctioneers will execute absentee bids if so, authorized in writing under the provisions herein specified. Absentee bids should be made on the Absentee Bid Form provided in each catalogue. This form should be clearly and completely filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. Bartkus Auctioneers cannot accept "buy" bids. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. When two absentee bidders bid on the same amount, the first received will be honored. Successful buyers will be notified within three (3) days of the sale. Professional specialists handle all shipping and delivery, and if you are a successful bidder, we will give you proper information so you can contract directly with the proper company. This service is offered as a convenience and Bartkus Auctioneers will not be responsible for any errors or failures to properly execute absentee bids. Absentee bids will not be guaranteed after 3pm the day of the sale. All associates with Bartkus Auctioneers reserve the right to bid on and buy any items up for auction.
Agreement to Terms - In bidding on any lot here offered, the bidder indicates acceptance of these Terms and Conditions of Sale. The title of each lot passes when the auctioneer says, "Sold". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. If any employee or agent of Bartkus Auctioneers shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Bartkus Auctioneers shall not be liable for any loss or damage that may be caused by such employee or agent.
Bidder Responsibility - The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes". Should the bidder end up with an item he or she did not intend to purchase, that bidder may resell it directly to another person at the end of the auction. Do not concern the auctioneer with this, as no sales will be voided, and no items will be offered for resale. Also, please note that all items and contents in any furniture or articles sold are reserved unless otherwise announced. This includes items in drawers and other areas undiscovered by our presale workers.
Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction, and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in Indiana. If any part of these Conditions of Sale is found by any court to be invalid, illegal, or unenforceable, that part shall be discounted, and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
Acceptance of Bids - The Auctioneer reserves the right to accept or reject bids in any increment which the auctioneer deems to be in the best interest of the client, the seller. POOLS: Pools are associations of dealers or collectors formed with the purpose of keeping down auction prices for the benefits of its members. They are illegal in the United States and England. They have never occurred at our auctions, and under no circumstance will they ever be permitted.
Check Out - In order for items to be removed during the auction the buyer must obtain a copy of their invoice from the clerk and present it at the door. No items will be permitted to leave the gallery without a printed invoice. Payment in full is due at the conclusion of the sale or upon leaving the auction. If a checkout area is set up, no items can be removed until full payment has been made.
Announcements - All announcements from the auction block will take precedence over any printed matter with the exception of "condition," as previously outlined in paragraph 1. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us for specific information not included in the catalogue description: Bartkus Auctioneers 11595 E. State Road 205, Laotto, IN 46763 phones# (260) 437-6555, steve@bartkusauctioneers.com Telephone inquiries may be made between 9am and 5pm EST.
Sales Results - Results will be available no earlier than 5pm on our first business day following the auction, or as soon as Bartkus Auctioneers has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. Sale results will be posted on our website within two weeks after the sale. We thank you for your understanding in this matter. Bartkus Auctioneers retains all rights to copyright and other intellectual property contained in these terms.
Firearms - Know your State/Federal firearms laws BEFORE bidding. We are NOT a licensed FFL Dealer. All federal and state firearm laws govern every aspect of this auction, and any infraction of the law will immediately be reported to local law enforcement and the ATF. You must be 18 to purchase rifles or shotguns and 21 to purchase a handgun. There is no inspection period for your purchase, ALL GUN SALES ARE FINAL. You are responsible for knowing if your state bans a certain type of firearm/ammo/accessory from being shipped to you.
Bartkus Auctioneers is owned and operated by S.J. Bartkus, Inc. of Huntertown, Indiana. Lic # AU11100072