PRODUCT REPRESENTATION AND WARRANTIES All items in this auction are sold in “as is” condition. Neither Owls Head Transportation Museum (OHTM) nor the auctioneer(s) make any representation to bidders as to the operational nature, genuineness of original parts, mileage, restoration, provenance or any written or stated material facts pertaining to these items. The seller has provided any information used in the description of the items being sold. Any warranty, if offered, shall be in writing by the seller and shall be between the winning bidder and the seller. All bidders will bid based on their assessment, inspection, knowledge and opinion of the value of the item. OHTM and the auctioneer(s) do not inspect, assess or confirm the descriptions, conditions or representations made by sellers.

EXECUTION OF RESERVES Unless otherwise stated, each item is offered with a reserve set by the seller. Reserve amounts will not be disclosed to bidders until the reserve has been met. The auctioneer reserves the right to bid up to but not exceeding the reserve on behalf of the seller.

RECOGNITION OF WINNING BIDDER The auctioneer shall acknowledge the highest bidder as the purchaser of each item offered, providing that the reserve has been met. In the event of a disputed bid, the auctioneer shall have the sole authority to determine the winning bidder. The auctioneer may accept bids from properly registered live, absentee and phone bidders, as well as refuse to accept any bids deemed inappropriate.

OWNERSHIP AND TITLE Ownership is transferred from the seller to the buyer when the auctioneer accepts the highest bid. Providing that proper payment is made, title, when applicable, may then take place between seller and buyer. In no event shall OHTM or the auctioneer(s) guarantee title.

SALES TAX All items sold in this auction are subject to a 5.5% Maine state sales tax. Sales tax exemptions must be accompanied with current filing of resale status or completion of an affidavit of removal from state.

BUYER’S PREMIUM A buyer’s premium of 10% will be added to the total sale price of all items sold in this auction. Any buyer’s premium collected as a result of the sale of these consignments shall belong to OHTM. Internet sales buyer’s premium will be 15%.

PAYMENT Payment must be guaranteed in full the day of the auction. Payment options include:

     • Cash
     • Cashier’s Check/Bank Check
     • Financing through J.J. Best (approval required)
     • Personal/business check guaranteed by an irrevocable letter of credit
     • Wire transfer held by a personal/business check

If you wish to arrange a different method of payment, you MUST contact the Financial Assistant two weeks prior to the sale. Buyers are prohibited from suspending or deferring payments; any stop payment order on a purchased lot or any account drawn on with insufficient funds shall represent irrefutable proof or intent to commit fraud at the auction.

REMOVAL OF SOLD ITEMS Upon successful payment, all items or vehicles shall be removed from the sale area by purchaser at his/her expense no later than one week following the sale. If not removed by that date, the Museum may relocate the property to a nearby storage facility at the expense of the purchaser unless prior arrangements have been made with OHTM.

INSURANCE AGAINST LOSS OR DAMAGE Insurance against all perils and loss must be provided by the buyer if such protection is desired. In no event does the auctioneer or OHTM assume any liability for a buyer’s vehicle or items.

GENERAL TERMS All terms and conditions in this contract apply to live, phone and/or absentee bidding. Bidding on any article(s) in this auction indicates an acceptance to the terms and conditions of sale stated herein. Any litigation resulting from a dispute as a result of this auction shall be settled in a court within the State of Maine. This auction is conducted in accordance to the State of Maine rules for auctioneers and the Uniform Commercial code 32 M.R.S.A. Title 11, section 2-328. Department of Professional Regulations and Licensing, 35 State House Station, Augusta, ME 04333.

MEDIA Bidders’ participation in NEAA™ is an affirmative consent or “opt-in” to receive future communication from OHTM. Bidders consent to OHTM using bidders’ and guests’ image, voice and likeness in any and all types of media.
 

Auctioneer: John Bottero, ME License #AUC1237