159
Property of a Private Colector, McLean, Vriginia:ELDRIDGE AYER BURBANK, 1858-1949 (Four sketch
Currency:USD
Category:Everything Else / Other
Start Price:NA
Estimated At:1,500.00 - 2,500.00 USD
NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Mar 09 @ 09:00UTC-08:00 : PST/AKDT
Property of a Private Colector, McLean, Vriginia:ELDRIDGE AYER BURBANK, 1858-1949 (Four sketches of Native American Chiefs). Each signed E.A. Burbank and identified and dated as follows: "Chief Red Cloud, Souix", and "Standing Soldier, Souix, 1899, Pine Ridge, S.D."; "Chief Deaf Bull, Crow, 1897, Crow Agency, Montana"; "Chief Chief Killer, Southern Cheyanne, dated 1899, Darlington, O.T.", contee crayon on paper, framed. (not examined out of frame, some discoloration to paper) - all: 14 in high x 10 in wide Note: Eldridge Ayer Burbank was born in Harvard, Illinois and trained as an artist from 1874-1876 at the Chicago Academy of Design. He spent most of his life in the American West painting Native Americans. His portraits are in many American Museums today, including the Smithsonian. He died in San Francisco.
Auction Location:
United States
Previewing Details:
Exhibition March 4-8
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
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1. General
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Conditions of Sale. The offering and sale of property by Sloan's Auction Galleries Limited ("Sloan's") is subject to the following conditions of sale, as modified or supplemented by other provisions (a) of the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Sloan's, (c) in notices posted by Sloan's, and (d) in announcements made by the auctioneer, prior to or at the time of the sale (the "Conditions of Sale").
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Highest Bidder. Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer.
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4. Buyer's Premium and Purchase Price
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Buyer's Premium. All bidding at auction and purchases will be in U. S. Dollars. A buyer's premium in the amount of 15% of the successful high bid up to and including $50,000, and 10% of the successful high bid above $50,000 will be added to the amount of the successful bid price for all lots purchased at auction.
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5. Reserves
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All lots marked “l” are offered subject to a reserve. A reserve is the confidential minimum price established between Sloan's and the consignor. The reserve is generally set at a percentage of the low estimate of the lot and will not exceed, in any case, the low estimate of the lot. Reserves do not include the buyer's premium, any applicable taxes or other charges. Sloan's prohibits consignors from bidding on their own property. The auctioneer may implement the reserve by bidding on behalf of the consignor at the auction. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor and may continue bidding for the consignor by placing responsive or consecutive bids, but only up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in and withdrawn from sale. If Sloan's has an interest in the lot, Sloan's may bid up to the reserve to protect that interest.
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A range of estimates is given for each lot, with a low estimate and a high estimate. The estimates are merely guides for bidders and an opinion of Sloan's of the price a lot might bring at auction. Estimates are based, where possible, on prices that similar items have sold for in the past. The estimates are determined prior to the sale and are subject to revision to reflect changing market conditions. Estimates should not be relied on as a representation or prediction of the actual price a lot will be sold for. Actual selling prices could be significantly different from estimates. Sloan's will not be liable if the actual selling price is different from the estimate. Estimates do not include the buyer's premium, any applicable taxes or other charges.
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7. Withdrawal of Property from Sale
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Sloan's reserves the right to withdraw Property from sale for any reason and with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale.
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8. Payment, Collection and Shipping Responsibilities of Purchaser
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Successful Purchaser Obligations. On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass and the successful bidder thereupon (a) assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise) and (b) will immediately pay the full purchase price, plus the buyers premium, applicable taxes and other expenses.
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Collection of Property and Storage Charges. The purchaser will pay for and remove the purchased Property from Sloan's premises at purchaser's risk and expense following the sale. If the purchased Property is not removed from Sloan's premises within ten (10) business days after the sale, the purchaser will thereafter be assessed a $25 per lot storage charge for each month or partial month that the purchased Property is not removed. Sloan's may, at its discretion, remove the purchased Property to public storage at purchaser's risk and expense, and all charges associated therewith will be added to the total invoice of the purchaser. All invoice amounts must be paid in full before the purchased Property will be released to the purchaser.
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Packing and Shipping. Sloan's will not normally provide packing or shipping services. As a convenience to a purchaser, Sloan's will provide a purchaser with the names of packing and shipping companies, who are independent contractors. A purchaser should make arrangements directly with the contractor. In the appropriate case and at purchaser's request, Sloan's will request an independent contractor to act on purchaser's behalf in providing packing and/or shipping services, at purchaser's sole risk, cost and expense. Purchaser must arrange for, and pay the cost of insurance. Sloan's accepts no liability, risk or expense in connection with (i) its provision of names or recommendation of independent contractors, (ii) the packing or shipping of purchased Property, or (iii) the services or acts or omissions of third parties with respect to the handling, packing or shipping of Property.
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9. Methods of Payment and Fees
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Acceptable Methods of Payment. A purchaser may use one or more of the following methods of payment: cash, valid and approved credit or debit charge cards, wire transfers and personal checks. Sloan's reserves the right to hold Property purchased by check until the check has cleared. To insure that delivery is not delayed, new bidders should supply Sloan's with bank or suitable credit references before the sale. Sloan's will charge a fee of $25.00 for any dishonored check. Visa, MasterCard, Discover and most other major cards are accepted.
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Fee for Credit Card Users. Purchaser will pay Sloan's a 1.5% service charge, which will be added to purchaser's bill, for all amounts paid by credit card.
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Late Payment Charge. In addition to any other remedies available by law to Sloan's and the consignor, Sloan's reserves the right to impose from the date of sale a late charge of 1 1/2% per month (or if lower, the highest rate permitted by applicable law) of the total purchase price if payment is not made in accordance with the payment provisions of these Conditions of Sale.
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10. Purchaser Default
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Sloan's Remedies Upon Purchaser Default. If any provisions of the Conditions of Sale are not fully complied with by the purchaser, the purchaser will be in default. In addition to other remedies available to Sloan's and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Conditions of Sale, Sloan's may, at its option, (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s), and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of 10 (a) and (b). In the event of any default by purchaser, purchaser will be liable to Sloan’s and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Sloan's regular rates and other damages. Sloan's may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Sloan's possession to reduce or satisfy, if possible, the purchaser's obligations with respect to the unpaid lots and other deficiencies and damages.
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Security Interest. As security for the full payment to Sloan's and the consignor of all amounts due from purchaser, Sloan's retains and purchaser grants to Sloan's a security interest in the Property purchased at auction and in any other property or money of purchaser in Sloan's possession or coming into Sloan's possession (collectively, "the collateral"). Sloan's shall have the rights and remedies of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest shall cease as to the Property or other collateral when it is physically delivered to the purchaser or purchaser's agent.
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11. Rescission by Purchaser
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Limited Right of Rescission. If, within a reasonable time, not to exceed twenty one (21) calendar days after the sale, the original purchaser (a) gives written notice to Sloan's by certified mail alleging that the description, condition, weight, size, title, origin, provenance or other characteristics of a lot as set forth in the catalogue were grossly and materially inaccurate and misleading and substantially overstated the value of the Property, and (b) within five calendar days after such written notice, returns each item of Property in the lot to Sloan's in the same condition it was in at the time of sale, and (c) proves the truth of such allegations to Sloan's satisfaction, the sale of such lot will be rescinded. If Sloan's has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Sloan's will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance or other expenses which may have been incurred by purchaser.
If Sloan's has paid the consignor the amounts due consignor as a result of the sale, Sloan's will (i) refund to the purchaser the amount of the buyer's premium and taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Sloan's shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Sloan's rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Sloan's will have no further liability to purchaser or responsibility to pursue the purchaser's claim. Sloan's will extend its reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Sloan's.
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Rescission Only by Original Purchaser. This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assign or other third party or assigned to any subsequent transferee of the Property which gave rise to the claim.
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Exclusive Remedy. Purchaser acknowledges and expressly agrees that the provisions of this Paragraph 11 state the sole and exclusive remedy available to a purchaser in the event of a nonconformity in Property purchased, and Sloan's will not be liable for damages of any kind, except to the extent provided above, including without limitation, any compensatory, direct, indirect, incidental or consequential damages, whether or not caused by Sloan's fault or negligence, except to the extent applicable law does not permit Sloan's to exclude such liability.
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12. Rescission by Sloan's
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In the event Sloan's receives notice of an adverse claim with respect to purchased Property, Sloan's shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to purchaser, upon written notice to purchaser. Upon such notice, purchaser will promptly return the purchased Property to Sloan's premises where purchased in the same condition as when purchased. Sloan's will then promptly refund the purchase price, including the buyer's premium and applicable taxes. Purchaser will have no further recourse against Sloan's or the consignor, and Sloan's and the consignor shall not be liable for any damages of any nature suffered by the purchaser, whether or not resulting from the fault or negligence of Sloan's or the consignor.
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13. Governing Law
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The law of the state (excluding its conflicts of law rules) in which the Property is auctioned or sold shall govern, provided however, that if the Property is auctioned or offered for sale only through the medium of an online auction, the law of the State of Maryland (excluding its conflicts of laws rules) shall govern.
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14. Forum for Lawsuits
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Consent of Bidders and Purchasers to Jurisdiction. If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the state courts of, the State whose law has been chosen to govern as provided in the preceding "Governing Law" Paragraph 13.
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Lawsuits by Bidders and Purchasers Only in Certain Courts. Each bidder and purchaser hereby agrees that any lawsuit that bidder or purchaser may bring against Sloan's or the consignor will only be brought in the federal courts located in, or the state courts of, the State whose law has been chosen to govern as provided in the " Governing Law" Paragraph 13 above.
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15. Limitation of Liability
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Sloan's acts only as agent for the consignor and in no event will Sloan's be liable for any breach or default of the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Conditions of Sale, (a) in no event will Sloan's liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Sloan's have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Sloan's or Sloan's agents, representatives, officers, directors, employees or affiliates.
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16. Miscellaneous
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Employee bidding. Sloan's employees are not prohibited from bidding at auction sales for their own accounts if they bid by absentee bid at least 24 hours prior to the auction.
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Export or Import. An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of purchasers to familiarize themselves with any required license, and import or export requirements or limitations. Sloan's will have no responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in purchaser's collection or paying for any purchase, (b) a rescission or cancellation of a purchase by purchaser or (c) purchaser not otherwise fully meeting purchaser's obligations to Sloan's.
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Absentee Bids. For bidders who do not choose to attend a sale in person or for online auctions, Sloan's may accept absentee bids at no cost to bidders. Purchasers who wish to participate in auction sales as absentee bidders must complete the applicable forms printed elsewhere in (or along with) this catalogue and shall comply with and be bound by the additional provisions applicable to such bidding.
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Severability. If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
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Private Sales. These Conditions of Sale shall apply to both auction and private sales of Property.
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No Assignment. Unless Sloan's consents in writing, purchasers may not assign their rights or any of their obligations relating to an auction or other sale by Sloan's. Any assignment without Sloan's consent will not be effective.
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Complete Agreement and Binding Agreement. The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions applicable to the agreement between Sloan's, on the one hand, and each bidder and purchaser, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on purchaser's heirs, beneficiaries, executors, successors and permitted assigns.
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Contract Modifications and Waiver. The Terms and Conditions may not be changed, unless Sloan's and the purchaser have agreed to do so in a writing signed by both parties. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by Sloan's shall not be a waiver on any other or future occasion or affect Sloan's right to insist on strict performance of all other provisions.
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Paragraph Headings. Paragraph and subparagraph headings are included in the Terms and Conditions for ease of reference and should not be used to interpret the meaning of the substantive provisions.
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Sloan's Notice on Condition of all Jewelry
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Sloan's customers should note that natural gemstones may be processed by a variety of techniques, including but not limited to, treatments using oil, heat and resins. Sloan's will make available to purchasers any gemological certificates in Sloan's possession. The catalogue descriptions do not necessarily state whether these techniques have been used, and Sloan's makes no representations or warranties, express or implied, as to whether any natural stones have been treated.
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All jewelry and property is sold "As Is", and subject to all other Conditions of Sale. Any questions should be directed to Marin Ganz, Director of the Jewelry Department, Sloan's Washington, DC at 800-649-5066 or Sloan's Miami at 800-660-4524.
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Terms of Absentee Bidding
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If you do not choose to attend a Sloan's catalogue auction in person, and wish to place bids, you may give Sloan's instructions to bid on your behalf. Our representative(s) will then try to purchase the designated lot or lots of your choice for the lowest price possible, and never for more than the top bid price in your instructions. You may also bid online. These services are free and confidential. The Conditions of Sale printed in the catalogue apply to all bidders, whether in person or absentee. By placing a bid in any manner at a Sloan's auction, the bidder acknowledges and agrees to be bound by the Conditions of Sale (including the terms for absentee bidding).
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Please note: Sloan's offers its absentee bidding service as a convenience to our customers who choose not to attend an auction. While we will make every effort to execute your bid(s) pursuant to your instructions, Sloan's is not responsible or liable for error or failure to execute such bids or instructions.
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Bidding Number
To place any bid, including absentee bids, first obtain a bidding number from the Sloan's Business Office at either of Sloan's Auction Galleries or through Sloan's website:
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Washington, DC Gallery: (800) 649–5066
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Miami Gallery: (800) 660–4524
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Sloan's Website: www.sloansauction.com
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If you have previously received a bidding number but do not recall it, contact the Sloan's Business office for your bidding number.
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Placing Absentee Bids
Use the absentee bid form. Be sure to accurately record the lot numbers and descriptions and the top price you are willing to pay for each lot. Do not leave the bid price "open". Buy or unlimited bids will not be accepted. Always indicate a top limit––the high amount you would be willing to bid if you were present at the auction. Always place your bids in the same order as the lot numbers appear in the catalogue. All absentee bid forms for telephone or written bids must be signed.
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Each absentee bid form should contain bids only for one sale. The particular sale should be indicated at the appropriate place on the bid form. Please place your bid as early as possible. In the event of identical bids, the earliest received will take priority.
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Telephone Bids
Bids may be placed by telephone during the sale, but are accepted only at Sloan's discretion and at the caller's risk. You may make arrangements before a sale for a Sloan's telephone bidder to contact you at a telephone number of your designation in order for you to participate in the bidding on particular lot(s). By bidding on the telephone, prospective purchasers consent and agree to the Conditions of Sale and other Terms and Conditions. Telephone bidding is a convenience offered to Sloan's customers and while we make every effort to execute your instructions regarding your telephone bidding, Sloan's is not liable or responsible for any errors or failure to execute such instructions.
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Telephone Absentee Bids
Sloan's recommends that all absentee bids submitted via telephone be confirmed in writing using the absentee bidding form in this catalogue, online or obtainable from the Sloan's Business Office. If absentee bidding instructions are given to Sloan's and its representatives via telephone, but not confirmed in writing, the same instructions as for written absentee bidding shall apply. Further, by offering any absentee bid, whether in writing, online or via telephone, the bidder accepts and agrees to the Conditions of Sale for the auction.
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Procedures for Successful Absentee Bidders
On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the property in that lot will pass and the successful bidder thereupon (a) assumes full risk and responsibility for the purchased property (including costs and expenses of handling, shipping, insurance,taxes, export and otherwise) and (b) will immediately pay the full purchase price, plus the buyer's premium, applicable taxes and other expenses upon receipt of Sloan's invoice detailing your purchase and all amounts due. Upon receipt of your invoice, you should immediately make arrangements with Sloan's for payment and the prompt removal of your purchases as set forth below.
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The purchased property must be collected by the purchasser from Sloan's premises within ten (10) business days after the sale. If the purchased property is not collected within that time period, the purchaser will thereafter be assessed a $25 per lot storage charge for each month or partial month that the property is not removed. Sloan's may, at its discretion, remove the purchased property to public storage at puchaser's risk and expense, and all charges associated therewith will be added to the total invoice of the purchaser. All invoice amounts must be paid in full before the purchased property will be released to the purchaser.
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Sloan's will not normally provide packing or shipping services. As a convenience to a purchaser, Sloan's will provide a purchaser with the names of packing and shipping companies, who are independent contractors. A purchaser should make arrangements directly with the contractor. In the appropriate case and at purchaser's request, Sloan's will request an independent contractor to act on purchaser's behalf in providing packing and/or shipping services, at purchaser's sole risk, cost and expense. Purchaser must arrange for and pay the cost of insurance. Sloan's accepts no liability, risk or expense in connection with (i) its provision of names or recommendations of independent contractors, (ii) the packing or shipping of purchased property, or (iii) the services or acts or omissions of third parties with respect to the handling, packing or shipping of property.