User Terms & Conditions

You must accept the terms and conditions herein for the use of the auction site. Please review and indicate your acceptance/non-acceptance of these terms and conditions by clicking either Accept or Decline at the bottom of this page.

Access, Breach, Indemnity, Termination, Interference, and Lawful Use

Sites Access We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Internet connection speed will determine how rapidly pages with photographs load to your browser. Breach Without limiting other remedies, R.O. Schmitt Fine Arts, LLC (ROSFA) may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to you: (i) if you breach this Agreement or any of the Additional Agreements it incorporates by reference or which you have separately entered into with ROSFA; (ii) if we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause legal liability for you, us, our other users, or other third party business affiliates. Indemnity. You agree to indemnify, defend, and hold ROSFA and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. ROSFA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ROSFA's defense of such claim. Termination of or Change in the Services ROSFA shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. ROSFA reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. ROSFA may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability. No Interference You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or the Services, or any transaction being conducted on or through the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Sites. Fraudulent or Illegal Activity You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.


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Account & Monitoring

Your Account Your Account is identified by the email address you provided and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at sales@roschmitt.com. Confirmation of Account Information To access and use Services. your account must be activated through confirmation by e-mail or cell phone number. You agree to allow R.O. Schmitt Fine Arts, LLC to send confirmation requests by both e-mail and SMS (text message) and you accept that any related charges or fees associated with the use of SMS are the responsibility of the user. Covenant Regarding Your Account You agree that you will not maintain multiple registered accounts with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to sales@roschmitt.com, including your primary User Name and your rationale for having multiple accounts. Equipment You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto. Monitoring You agree that ROSFA has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services. We may investigate any reported violation of our Agreement, Additional Agreements or Sites policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Sites access and/or removing any materials posted on the Sites). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.


Buyer's Premium and Sales Tax

You agree to pay the Buyer's Premium on every item purchased. The Buyer's Premium is a percentage of the hammer price of each item added to the sale total for that item. For our live auctions the Buyer’s Premium is 18% of the hammer price, less a 3.0% for cash or check. For our online-only auctions the Buyers' Premium is 18% on all winning bids with no cash or check discount. There is NO 3.0% discount for cash or check. There is NO sales tax in New Hampshire.


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Condition Reports

Employees do their best to aid and assist the customer, however any statements made by R.O. Schmitt Fine Arts employees, agents or contractors are not considered a definitive record of what is being sold. The final record of what is being sold in a lot under any and all circumstances is the catalog provided by R.O. Schmitt Fine Arts, both printed and online. If there is a discrepancy between employee statements and the catalog, the catalog is the final and ultimate legal record of what is offered in the lot. We do our best to identify restoration, alteration or other condition issues in the condition report. We shall not be held liable for failure to do so. IT IS THE RESPONSIBILTY OF THE BUYER TO CONFIRM CONDITION PRIOR TO BIDDING. If the lot description includes the words “as found” or “as is” the item is sold without any guarantees. All lots containing multiple items are considered in “AS IS” condition and cannot be returned. General maintenance items such as broken suspension springs, broken or missing weight cords, & missing keys are not mentioned. Most clocks and watches will require cleaning and service after purchase. All costs associated with this are the responsibility of the client. Dimensions are approximate.


Credit Card Use

These terms and conditions apply to the User who uses the Services provided for any payment made to R.O. Schmitt Fine Arts (ROSFA). By authorizing a payment to ROSFA through the online payment service ("Service"), it would be deemed acceptance to these terms and conditions. ROSFA reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the User to have read the terms and conditions before using the Service. Payment(s) through this Service may be made with a Credit Card or Debit card. By providing credit card information and using the service the user agrees that ROSFA is authorized to charge the user's credit card account provided for the full amount of any and all items won at auction while using the Service, including any Buyer's Premium charges. ROSFA may also seek to authorize or charge the credit card account provided by the user multiple times for the full or for a lesser amounts each time a user wins an item while using the Service. Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank. We reserve the right to decline the acceptance of an online payment if your account is in default for any reason. The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to ROSFA. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service. ROSFA and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the ROSFA and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service. Security All payment details which are entered through this payment gateway are encrypted when the user, or third party making payment, enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site. The service is provided using a payment gateway service provider through a secure website. ROSFA shall not be liable for any failure by the user or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in the Course of the Online Payment Process. However, neither the payment gateway service provider nor the ROSFA gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. ROSFA does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.


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Default & Litigation

R. O. Schmitt Fine Arts will not be liable for default by either the buyer, consignor or the vendor. No purchase shall be claimed or removed until paid for in full. Schmitt’s reserves the right to refuse to accept bids made by a defaulting buyer at any future auction and to collect all costs and attorney’s fees from the buyer associated with litigation and storage involving default. Registration to bid indicates acceptance by the bidder of these terms enforceable as a New Hampshire contract. All legal disputes arising from this contract shall be disputed, litigated or mediated under New Hampshire law in the State of New Hampshire. All consignors or vendors are represented in our records by either name or a code directly associated with that name and are also a legal party to this contract.


Disclaimer of Warranty

R.O. SCHMITT FINE ARTS (ROSFA) DOES NOT GUARANTEE OR WARRANTY THAT THE SITES OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES ROSFA OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITES, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF ROSFA AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITES, SERVICES, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES. ROSFA DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, ROSFA MAKES NO WARRRANY THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE SITES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE SITES FULL FUNCTIONALITY AND CAPABILITIES.


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General Terms and Conditions

You agree to all terms and conditions listed in this agreement as well as those on the website www.roschmitt.com concerning participation in R.O. Schmitt Fine Arts (ROSFA) auctions. Services This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that apply to the use by you of the Sites, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and ROSFA, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of ROSFA. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES. Amendments We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and ROSFA. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity. Additional Agreements The Services include, among other things, such services as: contacting or placing bids through a live bidding console; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices; registering to receive email alerts about objects offered at upcoming auctions. Additional terms and conditions of use applicable to your use of the Services available at the Sites from time to time are or may be posted in relevant areas within the Sites or may be agreed upon by you and ROSFA in a separate written agreement (all such additional terms and conditions, "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern your use of those Services or any other services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Sites, or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements.


Information You Provide / Privacy Policy

Information You Provide to Us. Your Information The term "Your Information" means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, (ii) any information or materials you provide to other users of the Sites in connection with your use of any Services, or in any public message board or chat room area, (iii) any search terms or other instructions that you transmit to our servers through a web browser. Please note that the information and materials belonging to Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials. Covenant Regarding Your Information You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for ROSFA or cause ROSFA to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, (vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and (vii) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity. Updated Information. If you are a registered user of the Sites, you agree to promptly update your account registration information in order to keep it current, complete, and accurate. We agree not to share any of your information with third parties outside of ROSFA.


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Limitation of Liability

THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ROSFA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL ROSFA OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING OPINIONS OR ADVICE REGARDING THE IDENTIFICATION, VALUATION OR CARE OF ANTIQUES. NEITHER ROSFA NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.00.


Payment & Refunds

Payment R.O. Schmitt Fine Arts, LLC (ROSFA) will normally notify successful bidders within five business days after the completion of an auction. We by default use e-mail to notify bidders and postal mail if a client does not have e-mail available. Personal checks drawn on a U.S. bank are acceptable. We also accept VISA, Mastercard, Discover, American Express and Paypal at https://www.paypal.me/roschmitt, all subject to our standard 18% Buyer’s Premium. Large international transactions may be performed via wire transfer. Details available upon request. Payment is due on receipt of invoice, and no later than 30 days from the date of the auction. Items not paid for within the 30 days from the date of the auction will be charged a 2% monthly interest rate on the balance due. Note that shipping charges are extra and will be billed by R. O. Schmitt Fine Arts, LLC or a third party at the time of shipment. Refunds and Returns UNDER NO CIRCUMSTANCES WILL RETURNS BE ACCEPTED OR REFUNDS ISSUED LATER THAN 30 DAYS AFTER THE AUCTION. If there is a problem and a refund or adjustment is requested ROSFA asks to be notified within one week of the auction and require to be notified ABSOLUTELY no later than 30 days of the auction, no exceptions. Transit damage alone is not sufficient reason to return an item. We will assist in claims against transport companies.


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Shipping & Pickup Terms and Conditions

You agree to pay any and all shipping charges, which may include insurance, for any items bought through R.O. Schmitt Fine Arts, LLC. To receive your items you must fill out and submit an authorized release form available at www.roschmitt.com. This form can be faxed, mailed or e-mailed to RO Schmitt Fine Arts using the contact information provided on the release form. Most watches, coins and jewelry can be shipped in-house. A shipping fee will be included on your invoice if your item can be shipped in-house. In-house shipping is done via Fed Ex Second Day Air unless otherwise requested or specified. For clocks and all other items the list of shipping agents below has been provided for your convenience. You may work with any independent shipper you choose. RO Schmitt assumes no responsibility for error or omission by any third-party agent. We use several companies to ship clocks that provides services worldwide. If you require a quote before bidding on an item, we recommend contacting one of the shippers below at least three days prior to the auction. Parcel Room managed by Jeff Ballantyne, 1465 Woodbury Ave, Portsmouth, NH 03801 (603) 431-4205, email info@ParcelRoom.com The local UPS Store managed by Michael Withrow, phone number (603) 434-9899, e-mail store4686@theupsstore.com Pakmail managed by Joann Godin, 55 Crystal Ave, Unit 7, Derry, NH 03038, (603) 434-1801, email us222@pakmail.org Hand delivery specialists are listed below: These are blanket wrapped hand delivery specialists. Ask for quotation. > Mr. Scott Salzarulo, 200 W. Housatonic, #20, Pittsfield, MA 413-212-1252 > Ms. Wendy Buckus, 64 Hutchins, Concord, NH, 03301, 603-491-5199 nwtransport@aol.com > Mr. Scott Cousins, 22 Nichols St. Merrimac MA 01860, scottcousins22@aol.com, (978) 491-9353 > Sure Express Worldwide, 110 Industrial Way, Portland, ME 04103, (800) 335-9996 sureexpress@maine.rr.com > Bush Dependabled Delivery, 787 Commerce Dr., Suite 15, Venice, FL 34292, bushdelivery@gmail.com, (941) 951-2447 Purchases by absentee bidders, phone bidders or internet bidders may not be picked up by the buyer or their designated shipping agent sooner than 6 business days following the sale. If you or your agent/friend would prefer to pick up personally from our office in Windham, NH purchases, an appointment can be arranged. Please plan to settle your account at time of pick up. Items left in our custody for over 30 days from the date of the auction will be charged a storage fee of $25 per item per week, which must be paid before items are released. If a lot in the auction contains multiple items, each item in the lot is subject to a separate storage fee. We shall not be held liable for damage occurring to any item left in our custody after 30 days from the date of the auction.