Guyette and Schmidt, Inc Decoy Auction Firm

GUARANTEE We have attempted to make a consistent effort in cataloging and correctly describing the property to be sold. The catalog descriptions are guaranteed for authenticity, and condition. Should the need arise; the auctioneers reserve the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalog. Since opinions can differ, particularly in the matter of condition, the auctioneers will be sole judge in the matter of refunds.
DURATION OF GUARANTEE Request for refund for items purchased IN PERSON at the auction must be made before those items leave the auction site. If you are an absentee or phone bidder it is your responsibility to examine the lot immediately upon receipt. On items purchased absentee the guarantee will end 24 hours from the time of delivery. Therefore all guarantees on items purchased will become null and void 10 calendar days from the date of shipment. IT IS VERY IMPORTANT TO NOTE THAT IF YOU PAY LATE, YOU MAY NOT BE ELIGIBLE FOR THE GUARANTEE. Payment must be postmarked no later than 35 days after the auction.
PROTESTED BIDS In case of a disputed bid, the Auctioneer is the sole determinant as to who is the successful bidder, and at his discretion may reoffer and resell the article in dispute. If a dispute arises after the sale, the Auctioneer sales record shall be conclusive as to who was the purchaser and the purchase price.
BIDDING- Bidding usually starts below the low estimate and advances in increments of approximately 10% of the opening bid subject to the auctioneer's discretion. The auctioneer reserves the right at his sole discretion to refuse any bids that he deems unreasonable, or below the following minimum bid increment guideline: $500 to $1000 = $25; $10,000 to $20,000 = $500; $20,000 to $100,000 = $1000; $100,000 and above = $2000.
ABSENTEE BIDS Phone or mail bids, at the discretion of the Auctioneer, will be accepted with a 20% deposit. In such case the bookkeeper will execute such bids competitively. Absentee bids are executed by the bookkeeper on behalf of the bidder in accordance with the bid increment policy shown above. Please review the rules governing both absentee and phone bids in the back of the catalog.
TERMS All items are to be paid for in American funds at the day of the auction. No items will be released until they are paid for. Those who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction, by presenting a current letter of reference from their bank or by providing references, which are suitable to the Auctioneer. The Auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank, if the Auctioneer deems such action necessary to protect his interest. Phone and absentee bidders You will be notified immediately after the auction regarding your bill. PAYMENT IS DUE UPON RECEIPT. A late charge will be accessed on all balances not paid at the rate of 12% A.P.R. commencing thirty days after the bill is sent. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds. Also the Auctioneer may retain and/or recover the deposit specified as liquidated damages, and in addition, the property can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Auctioneer by the defaulting buyer, together with all charges, fees, and expenses incurred by such resale or the enforcement of the obligation hereunder. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of sale, including without limitation reasonable attorney fees.
RESERVES A very small percentage of the decoys in this auction carry reserves. A reserve is a confidential minimum price established between the auctioneer and the consignor. The reserve will not exceed the low estimate printed in the catalog. Reserves are executed by the bookkeeper on behalf of the consignor.
PAYMENT FOR PURCHASES MAY BE MADE WITH VISA , MASTERCARD, CASH OR CHECK.
BUYERS PREMIUM- The buyer's premium, assessed on each selling lot, is 15% of the hammer price up to and including $100,000, plus 10% on any amount in excess of $100,000. For payments made using Visa or MasterCard, they buyer's premium is 17% and 12% respectively.
TAX A 5% sales tax must be charged to anyone who cannot present a valid sales tax number from the state of Maryland. (Note: If you are an absentee bidder and your purchases are paid for by mail and shipped to you, no sales tax is applicable).
ACCEPTANCE OF CONDITIONS Bidding on any articles in this catalog indicates your acceptance of all the above items.
BIDDING AGENT RESPONSIBILITY If you are registering for someone or if you execute a bid for someone else under your number, you are responsible for the settlement of that account. You are also responsible for examining the decoy(s) for your client regarding the guarantee.
WITHDRAWAL We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
TITLE Title passes upon the fall of the Auctioneers hammer. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. Removal is at both the buyer's risk and expense, and must be made at the conclusion of the sale unless other arrangements are made with the Guyette & Schmidt staff. Any lots we might make arrangements for moving or storing are solely at the risk of the owner and any damage or loss occurring after the fall of the hammer becomes that of the buyer.
LEGAL DISPUTE Any legal disputes arising from this auction shall be settled in the court system of the Sate of Maine. UNIFORM COMMERCIAL CODE - The Maine Uniform Commercial Code, Title II, Section 2328 applies to this auction.

Absentee and Phone Bidding:

Absentee bids are a service provided to our customers free of charge. Every effort is made to execute all absentee bids, however, in the event of an error of omission, or failure to properly execute absentee bids, the Auctioneer shall not be held liable.
All absentee bids must be accompanied by a 20% deposit, which will be refunded immediately after the auction, if your bid is unsuccessful. If your bid is successful, the 20% deposit will be applied to the purchase price and the balance due upon presentation of your bill. All absentee bidders are notified by mail, whether win or loose.
Visa and Master Card card numbers can be given in place of a 20% deposit, if your bid is submitted by phone. Your card number will not be used to make payments for purchases, it is only used as collateral. Your card number will only be used to make payment for purchases if you default on payment.
To execute an absentee bid, fill out the enclosed form, listing catalog number, description and your top bid price (not including the 15% buyers premium). Send this together with your deposit as soon as possible. If your bids are sent seven days or less prior to the auction, you should call our office three days prior to the auction, to confirm that we have received your bids. If they have not been received at that point in time, we will take your bid over the telephone. We cannot guarantee that bids received after the auction has started will be executed.
If two or more bids are received on the same item from different people, the bidding will open at the next logical raise above the second highest bid. If two absentee bids are received with exact same amount, the first one received will take precedence.
All bids must be in even dollar amounts. Bids in fractions of dollars will be considered the next lower even dollar amount.
Bid increments: The bid increment policy, which also applies to both absentee and phone bidders is listed under "CONDITIONS OF SALE", (item #4) in the front of the catalog.
Open bids or bids with no set top amount, or orders to just simply buy the lot, cannot be accepted. You must have a definite top limit before we can execute your bid. Alternatives to this are as follows:
- To bid over the telephone. This can be done by simply sending a 20% deposit for what you wish to bid on the object. This will bind whatever bid you wish to bid over the telephone. If you decide to bid twice that figure, it is perfectly all right, as long as we have the deposit in hand. (NOTE: There are only 7 phone lines into the auction room and phone bids will be handled on a first come, first serve basis.)
- Some bidders concerned that their lot might just go for one bid above their top limit, leave a top bid plus one bid. This works as follows: The top bid submitted might be $1000, but not wishing to lose the lot for simply $25 more, the party might bid $1000 plus one bid and they definitely dont want to go over a certain price, they would indicate $1000 +1, ($1,025). (NOTE: One possible problem that occasionally arises with absentee bids is when someone in the audience bids exactly the amount which you specify is your limit. In such a case, we would not go one extra bid unless your bid sheet indicates plus one bid.)
If you are a successful bidder, a bill will be sent shortly after the auction. Purchasers should indicate their desired method of shipment, if such is necessary. There is a charge for shipping, labor, materials, and insurance. Shipping is done on a first come, first serve basis and can take up to 4 weeks. Please note that a certified check or any other form of guaranteed funds will expedite shipping. We are now accepting Visa and Master Card as a form of payment
According to U.P.S. regulations, we must now crate all paintings. In addition, for expensive oil paintings and delicate carvings, we need a written statement from the purchaser, assuming the responsibility of pursuing any claims, in the event of damage incurred during shipping. Valuable lots need to be sent 2nd day air UPS due to values. Under no circumstances will we be liable for damage to glass or frames, or fragile decoratives, regardless of cause.
TERMS - Phone and absentee bidders - You will be notified immediately after the auction with your bill. Payment is due Upon receipt. Interest will be charged on all balances not paid at the rate of 12% APR and this will be assessed on any outstanding balances commencing 30 days after the bill is sent. If any accounts become more than 60 days overdue, the consignor will be given the name of the buyer who is responsible for holding up their funds. If an account is 75 days overdue, the items may be returned to the consignor and overdue buyer will pay the buyers premium and commission from the sale if they wish to participate in future Guyette and Schmidt, Inc auctions.
Bidding on any article(s) indicates your acceptance of these terms above. If you have any questions concerning absentee bids, call us.
If you would like any additional information on any of the lots, please contact: Gary Guyette at (410) 745-0485.

Online Bidding:
The same terms and conditions of sale apply for online bidding as stated above, with these additions:

DURATION OF GUARANTEE Request for refund for items purchased IN PERSON at the auction must be made before those items leave the auction site. If you are an absentee, online or phone bidder it is your responsibility to examine the lot immediately upon receipt. If you are bidding online via Ebay Live Auctions it is your responsibility to resolve any questions pertaining to the lot you are interested in prior to bidding. On items purchased absentee or online the guarantee will end 24 hours from the time of delivery. Therefore all guarantees on items purchased will become null and void 10 calendar days from the date of shipment. IT IS VERY IMPORTANT TO NOTE THAT IF YOU PAY LATE, YOU MAY NOT BE ELIGIBLE FOR THE GUARANTEE. Payment must be postmarked no later than 7 days after the auction.
PAYMENT FOR PURCHASES MAY BE MADE WITH VISA, MASTECARD, CASH, CHECK OR PAYPAL.
THE BUYERS' PREMIUM, assessed on each selling lot, is 22% of the hammer price up to and including $100,000, plus 17% on any amount in excess of $100,000. For payments made using cash or check, the buyers' premium is discounted to 20% up to and including $100,000 and 15% on any amount in excess of $100,000.