Broken Arch Auction Gallery
60 Monticello Rd
Weaverville, NC 28787
NCFL #9399


TERMS OF SALE

TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale ("Terms") constitute a legally binding agreement between Broken Arch Auctions ("Auctioneer") and any person or entity registering to bid or bidding at auction ("Bidder" or "Purchaser"). By registering to bid or placing a bid, Bidder acknowledges and agrees to be bound by these Terms.
1. CONDITION OF PROPERTY
1.1 As-Is, Where-Is. All property is sold "AS IS, WHERE IS, WITH ALL FAULTS," without warranty or representation of any kind, express or implied.

1.2 No Warranties. Auctioneer and consignor expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, authenticity, authorship, provenance, condition, or completeness.

1.3 Inspection. All property is available for inspection prior to bidding. Bidder's act of bidding constitutes acknowledgment that Bidder has inspected the property to their satisfaction or has voluntarily waived inspection.

1.4 Descriptions. All oral and written statements, catalog descriptions, condition reports, photographs, and other representations are statements of opinion only and shall not be deemed warranties or guarantees.

1.5 Finality of Sale. All sales are final. No refunds, returns, or exchanges shall be permitted.

1.6 Withdrawal of Property. Auctioneer reserves the right to withdraw any lot at any time before or during the sale.
2. BIDDING PROCEDURES
2.1 Auctioneer's Discretion. The Auctioneer reserves the right to determine the opening bid; advance bidding increments; reject any bid; resolve bidding disputes; withdraw or reoffer any lot; and bid on behalf of the consignor.

2.2 Employees Bidding. Employees of Broken Arch Auctions may bid at auction on the same terms as the general public.

2.3 Finality of Hammer. Upon the Auctioneer's declaration of "sold," title passes to the highest acknowledged bidder, and the sale shall be final.

2.4 No Cut Bids. Bids below the established increment ("cut bids") will not be accepted.

2.5 Identical Absentee Bids. In the event of identical absentee bids, the bid first received shall prevail.
3. PAYMENT TERMS
3.1 Accepted Forms of Payment. Payment shall be made by cash, approved check, wire transfer, or MasterCard, Visa, Discover, or American Express.

3.2 Certified Funds. Auctioneer reserves the right to require certified funds for any purchase.

3.3 First-Time and International Buyers. First-time buyers and international buyers may be required to remit payment via wire transfer or cashier's check.

3.4 Payment Deadline. Payment is due immediately upon purchase. For absentee, telephone, and internet bidders, payment must be received within five (5) business days.

3.5 Buyer's Premium. A buyer's premium shall be added to the hammer price: 20% for purchases paid by cash, check, or wire transfer via LiveAuctioneers; 23% for purchases paid by credit card via LiveAuctioneers.

3.6 Sales Tax. Applicable North Carolina sales tax shall be added unless a valid resale certificate is provided prior to purchase. International buyers are responsible for all duties and import taxes.

3.7 Default. If Purchaser fails to make timely payment, Auctioneer may cancel the sale, retain deposits, resell the property, and pursue legal remedies.
4. ABSENTEE, TELEPHONE, AND INTERNET BIDDING
4.1 Courtesy Service. Absentee and telephone bidding are offered as a courtesy and at Bidder's risk.

4.2 Deadlines. Telephone bid arrangements must be made by 5:00 PM the day prior to the auction.

4.3 No Liability. Auctioneer shall not be liable for failure to execute absentee bids, missed telephone bids, clerical errors, technical failures, platform malfunctions, or communication delays.

4.4 Online Registration. Online registration approval is at the sole discretion of Auctioneer. First-time online bidders may be subject to bidding limits and/or deposit requirements.
5. SHIPPING AND RISK OF LOSS
5.1 Risk of Loss. Risk of loss transfers to Purchaser immediately upon the Auctioneer's declaration of sale.

5.2 Packing and Shipping. Packing and shipping are performed solely at Purchaser's risk and expense.

5.3 Processing Time. Please allow up to two (2) weeks after payment for shipping arrangements.

5.4 Large Items. Shipment of large items is the sole responsibility of the Purchaser.

5.5 No Liability. Auctioneer shall not be liable for loss or damage occurring during shipment.
6. STORAGE AND ABANDONED PROPERTY
6.1 Storage Fees. Items not removed within five (5) business days shall incur storage fees of $5.00 per item, per day.

6.2 Resale of Unclaimed Property. Property not removed within thirty (30) calendar days may be resold. Storage fees, related costs, and a 20% commission shall be deducted, subject to a $50 minimum charge.

6.3 Forfeiture. Items paid for but not removed within thirty (30) days may be resold for storage recovery.
7. EXPORT AND REGULATORY COMPLIANCE
7.1 Permits. Purchaser is solely responsible for obtaining any required export, import, firearm, endangered species, or other permits.

7.2 No Representation. Auctioneer makes no representation as to whether any lot is subject to export restrictions or embargo.

7.3 Persian Carpets. International shipment of Persian carpets is prohibited due to embargo regulations.
8. JEWELRY, WATCHES, AND CLOCKS
Auctioneer makes no warranties regarding gemstones, diamonds, metals, watches, clocks, or jewelry of any kind, including whether stones are natural or treated. No guarantee is made that watches or clocks are in working order.
9. LIMITATION OF LIABILITY
In no event shall Broken Arch Auctions or its consignors be liable for any consequential, incidental, or special damages arising from the purchase, use, or resale of property.
10. ACCEPTANCE OF TERMS
By registering and/or bidding, Bidder acknowledges having read and understood these and all associated Terms and agrees to be legally bound hereby.

On-Site Forest City The Collection of Donald Butler We are honored to present The Collection of Donald Butler, an exceptional on-site deceased estate auction in Forest City, North Carolina. This sale features a thoughtfully curated selection of beloved personal possessions from the estate of Donald Baxter "Don" Butler (19382025), whose lifelong appreciation for quality, craftsmanship, and history is reflected throughout this distinguished collection.Please read all information prior to bidding. Please read all information prior to bidding. Payment New customers with invoices exceeding $1,000 must pay by cash or Zelle (ACH) $2.00 surcharge on all Zelle payments. Established clients may pay by cash, approved check, credit card, or debit card.Credit and debit cards on file will be automatically charged within three (3) hours of the auction ending. We do not accept credit card payments over the phone due to chargeback fraud. Important We strongly recommend previewing all items prior to purchase.All mechanical items are sold as-is, where-is, with no warranties or guarantees. Please request additional photos or information before bidding if needed. Pick-Up Information Pick-up dates are March 28 through April 1, from 9:00 AM to 4:00 PM.Items not picked up by April 1 at 4:00 PM will be transported to our facility in Weaverville, NC.If we must transport your item, a surcharge will apply:$30 per standard item $50 per large item (scooters, motorcycles, single-lot bicycles, etc.)If you need a vehicle, tractor, or other large item picked up after April 1, arrangements must be made prior to the auction. We may not be able to accommodate late requests. We not move large group lots. Lots not picked up by April 1st will be considered abandoned. Shipping If you require shipping surcharge will apply for us to bring the items from the On-Site auction to the shipper $30 per standard item $50 per large item (scooters, motorcycles, single-lot bicycles, etc. Not all items are eligible for shipping.Once items are back to our facility Postage Express will handle the shipping. Shipping costs charged by the shipping company are separate and the responsibility of the buyer and collected by postage express. .Group Lots, Any large group lots not picked up by Wednesday, April 1 will be considered abandoned.Abandoned items will be surrendered and no refunds will be issued. Auction address and pick up location' 471 Morrow Motor Rd Forest City NC 28043 Infor@brokenarchgallery.com 828-713-8869 NCFL #9399 NCAL #9739