Terms & Conditions of Sale
Dan Morean, Breweriana.com, Morean Auctions, and any designated auctioneer, if applicable, are collectively referred to as “Auctioneer,” “we,” “us,” or “our” depending on context. By bidding on any lot, bidders (also “you,” “your”) indicate acceptance of the following terms.
Item Descriptions/Condition
While we do our best to assist with descriptions, it is your responsibility to inspect and assess the condition, wear, authenticity, size, date, provenance, rarity and value of auction items. All items are sold “as is,” and neither Auctioneer nor any consignor makes any warranties, express or implied, with respect to the item(s). No statement made at auction or in a statement, invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
If you intend to plug in any electric items, you should first have a licensed professional inspect/service such items. All items are sold for display purpose only and with no warranty for electrical or mechanical components.
Bid Increments
Bid increments are as follows, and may be adjusted at Auctioneer’s discretion:
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0 to $499
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$25
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$500 to $999
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$50
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$1,000 to $1,999
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$100
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$2,000 to $4,999
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$200
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$5,000 to $9,999
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$500
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$10,000 and up
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Auctioneer’s Discretion
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Buyer’s Premium
A) A 17% buyer’s premium will be added to all successful bids and is payable by the winning bidder. If payment by check (must be postmarked w/in 3 business days of aucton close), by Zelle to dan@moreanauctions.com, or by other mutually arranged fee-free wire transfer is made within seven days of auction close, the winning bidder will receive a 3% discount, with a resulting buyer's premium of 14%. Lots won on platforms other than MoreanAuctions.com (such as Bidsquare, Invaluable and LiveAuctioneers) will be subject to such platform's additional buyer's fee (usually 5% but see that platform's terms).
Sales Tax
All lots are subject to any applicable state and local taxes, unless current and accurate resale or other valid documentation is on file with Auctioneer. 6.25% sales tax will be added to your invoice for all items won/picked up at our auction floor in MA. Occasionally we conduct a Special Event auction in another state: that state's sales tax will be added to your invoice for items won/picked up in such state.
Risk of Loss and Damage
Title to and the risk of loss or damage of/to all items shall pass to the highest bidder upon the close of bidding for such items.
Payment
All items won by NABA convention attendees, must be paid in full beginning one hour after the close of the auction. All other items must be paid in full within seven days of the close of auction. Winning bids will be charged to the credit card you submitted during registration/enrollment unless you otherwise notify us in writing in advance of intent to pay another way and you make such other payment within seven days of auction close. We accept Visa, MasterCard, Discover, American Express, personal/certified checks, money orders, wire transfers, and cash. Make/send checks to Morean Auctions, 21 Sturbridge Rd., Brimfield, MA 01010. Items may not be released until checks clear. Add $15 for wire transfers. You will be responsible for all costs of collecting past due amounts, including but not limited to collection fees, attorney's fees, re-selling fees, and interest at an annual rate of 20%.
Packing/Shipping
After paying for your winning lot(s) at a floor event, you are responsible, at your own risk, for packing, transporting, insuring and/or removing such lots. If any employee or agent of ours packs or transports items as a courtesy for you, any resulting loss or damage is at your sole risk.
For items being mailed, you are responsible for and will be invoiced for all shipping, handling and insurance costs. All packages will be shipped with insurance. You may opt not to insure your items by providing written notice of such, and in such event, all risk of loss or damage during packaging and in transit will be yours.
Non-USA Shipments
We will include an invoice with purchase totals including the buyer’s premium and shipping/insurance cost. Non-USA bidders should be aware of and are responsible for paying any applicable customs and duties.
Bidding
Auctioneer has the sole discretion to 1) determine the highest bid, 2) withdraw or re-offer a lot, and 3) refuse any bid. Auctioneer is agent for the owners of the property or goods being sold. Auctioneer may bid and may bid on behalf of absentee bidders. Auctioneer is not responsible for any errors in bids, omissions of bids, or failure to execute bids and shall have no liability to you for any technical or other failure associated with the internet, website, email, or telephone bidding.
Auction with Reserve
In the case of a reserved item, the seller has authorized the Auctioneer to bid on his/her behalf until the reserve price is reached. Any item may be withdrawn at any time prior to the call of “sold,” regardless of any minimum.
Absentee & Internet Bidding
You may register, preview, and place bids online at moreanauctions.com. Upon receiving authorization from Auctioneer, absentee bids may be submitted by mail to Morean Auctions, 21 Sturbridge Rd, Brimfield, MA 01010, by text to 617-448-2300, or by email at dan@moreanauctions.com. Absentee bidders must use the Alternative Bidding Sheet found on moreanauctions.com. In the event of more than one equal alternative bids placed on the same item, priority will be given to the first bid received. Absentee bids submitted out of increment will be rounded up to the next stated increment.
Additional Internet Bidding Terms
The terms of this agreement supersede catalog terms. If a credit card has been provided to an online bidding platform, Auctioneer will charge the credit card unless you have made other payment arrangements in writing in advance.
Telephone Bidding
We will make best efforts to provide access to bidding by phone but we do not guarantee such access. Phone lines are provided on a first-come first-served basis to registered bidders. Call us at 617-448-2300 or submit the Alternative Bidding Sheet to request a call during the auction. We will make best efforts to call you about 5 lots ahead of the lot on which you would like to bid.
Invoicing
We will invoice winning bidders promptly after the auction. The invoice will include lot number, item description, hammer price, buyer’s premium, packing, shipping, insurance, and any other applicable charges. NABA convention attendees may pick up and pay invoices beginning 1 hour after the auction finishes.
Returns
Each auction item has been featured in a printed catalog and/or on MoreanAuctions.com. Typically, multiple photographs and detailed descriptions have been provided to assist you in evaluating items. All sales are final for floor bidders and their agents. In the case of items won by absentee and internet bids, you may request a return for fully on-time paid items mailed to you. Such return requests must be made within three calendar days of delivery of your item(s). In the event we determine there was a material error, omission or inaccuracy in the photographs and/or description, a return will be authorized. The item must be shipped fully insured at your cost and received by us within seven calendar days of the return authorization.
Applicable Law
These terms and conditions shall be governed by the laws of the Commonwealth of Massachusetts. You agree to submit to the federal or state courts located in Massachusetts for the exclusive jurisdiction of any disputes.
Announcements
Any announcements on the day of the auction shall take precedence over these terms and any previously distributed terms, information or advertising. Listen to opening announcements as they are important. Auctioneer may announce additional information or terms during the course of the auction, especially as it/they relate(s) to certain specific items and removal times.
Dan Morean, Esq., MA Auctioneer Lic #03322