Terms and Conditions of Use

By using the Web pages hosted by Martin J. Donnelly Antique Tools and/or its various divisions and subsidiaries (collectively referred to as "Martin J. Donnelly Antique Tools"), you agree to the following terms and conditions:

·         Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Martin J. Donnelly Antique Tools reserves the right at any time after receipt of your order to accept or decline your order for any reason. Martin J. Donnelly Antique Tools reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Purchases from auctions conducted by Live Free or Die Antique Tool Auctions are subject to a Buyer's Premium of 15% of the purchase price of the auction item. The Buyer's Premium is added to the "hammer price" of the auction item. The purchase price of each auction item is the "hammer price", plus the Buyer's Premium. Bidders should take the Buyer's Premium into consideration when determining the amount they bid on an item. In the event that Live Free or Die Antique Tool Auctions has received commission bids on a lot for identical amounts and at auction those bids are the highest bids for that lot, the lot will be knocked down to the person whose commission bid was received first, and their bid will be increased by one increment to clear the other bid.

·         Bids by absentee buyers at auctions conducted by Live Free or Die Antique Tool Auctions will be executed as follows: In the event that there is a single bidder on an item. The auctioneer at the time of the auction will start the bidding at $5.00. If there is no advance from bidders at the auction (the "floor"), the absentee buyer will purchase the item at the starting amount. If bids are received from the "floor" then bidding will proceed until there are no additional bids from the "floor" or the amount bid by the absentee bidder is exceeded; excepting in a case where the absentee bidder is "out" at the point where his high bid is equalled by a "floor" bidder. In this event, and also in the event of a tie between two absentee bidders, the bid will be advanced one increment by the auctioneer on behalf of the absentee bidder.  In cases where there are two identical bids from absentee bidders, the bidder whose bid is received by Live Free or Die Auctions first will be advanced and the later bidder will be "out". When there are two or more absentee bidders, bidding will begin at one bid increment above the point where the high bidder exceeds the next highest bidder. For example, if three bids are received on an item, one in the amount of $1,000.00, another in the amount of $100.00 and a third in the amount of $10.00, bidding will begin at $110.00--one bid beyond the next highest bid. If there is no further advance from the floor, the $1,000.00 bidder will purchase the item for $110.00. If there are bids from the "floor", the auctioneer will take those bids and advance the absentee bid until there are no additional floor bids or the high absentee bid amount is exceeded.

·         You may obtain access to other sites on the Internet through these pages. By providing this service Martin J. Donnelly Antique Tools is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages.

·         MARTIN J. DONNELLY ANTIQUE TOOLS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARTIN J. DONNELLY ANTIQUE TOOLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES. MARTIN J. DONNELLY ANTIQUE TOOLS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. MARTIN J. DONNELLY ANTIQUE TOOLS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE OR CURRENT.

·         All of the products of Martin J. Donnelly Antique Tools are guaranteed against defects for 30 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, MARTIN J. DONNELLY ANTIQUE TOOLS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE MARTIN J. DONNELLY ANTIQUE TOOLS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, MARTIN J. DONNELLY ANTIQUE TOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MARTIN J. DONNELLY ANTIQUE TOOLS ARISING FROM ANY PRODUCT SOLD ON THE MARTIN J. DONNELLY ANTIQUE TOOLS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MARTIN J. DONNELLY ANTIQUE TOOLS, ITS AGENTS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

·         These pages are controlled and operated by Martin J. Donnelly Antique Tools in the United States and are intended for use within the United States. Martin J. Donnelly Antique Tools makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. Any legal action brought against Martin J. Donnelly Antique Tools shall be governed by the laws of the State of New York without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Martin J. Donnelly Antique Tools site shall be in Steuben County Court or New York State Supreme Court in the Village of Bath, New York.

·         Martin J. Donnelly Antique Tools reserves the right to change these Terms and Conditions of Use at any time without notice.

Privacy Information

Martin J. Donnelly Antique Tools recognizes the importance of protecting the information that we collect from customers during the process of registering for a service, product, newsletter,or membership area of a Martin J. Donnelly Antique Tools Company site. It is our policy to use the information we acquire through the registration process or through user postings at our sites for internal business uses only, and we maintain appropriate security measures to keep this information private. Gathering this information helps us develop Web sites and products to match your interests.

You should be aware that personal information--such as your name or e-mail address--that you voluntarily disclose on bulletin boards or in chat areas that are accessible to other users could be collected and disclosed by others. Martin J. Donnelly Antique Tools Company cannot take any responsibility for such collection or disclosure.

If you have any questions about the Martin J. Donnelly Antique Tools privacy statement, contact Martin J. Donnelly, Director of Program Development, at (607) 566-2617.

If you do not agree with these Terms and Conditions of Use, do not use the Web pages hosted by Martin J. Donnelly Antique Tools.

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Copyright ® by Martin J. Donnelly Antique Tools. Last Updated June 11, 2011