Standard Terms & Conditions
Terms and Conditions of Sale
Bidding on items indicates acceptance of the following:
1. A Buyer's Premium will be added to the hammer price of each lot and is payable by the purchaser as part of the total purchase price. The Buyer's Premium per lot for purchases in our live auction is 23% of the final bid up to and including $200,000, and 20% for the remaining balance above $200,000.
2. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. Formal "Condition Reports" are not included in online or printed catalogs. Condition information included in Woodbury Auction item descriptions are for information purposes only and may not be relied upon as the equivalent of a formal Condition Report, and while formal Condition Reports given in response to bidder request are issued in good faith, they shall not be construed as expert opinions or guarantees of condition and may not be relied upon in substitution of personal inspection. All auction items are available for bidder examination prior to the auction. Bidding on an item signifies that you have examined that item, either personally or through an authorized agent, or that you have elected not to examine that item. Any additional condition information generated in response to bidder requests will be added to the online catalog lot description. Any request for additional photos will be responded to when possible and images will be added to the online catalog lot description. It is the responsibility of prospective bidders to examine lots in person or through an authorized agent and decide their level of interest. Neither the auctioneer, nor the consignor, is responsible for the accuracy of any printed or verbal descriptions or any Condition Reports. All weights and measurements are approximate and not guaranteed. Buyer relies solely on his/her own expertise and judgment when bidding. If you require absolute certainty in all areas of condition and/or authenticity, and the results of your own evaluation leave uncertainty in your mind, we recommend that you not bid on the item in question. As noted above, all sales are final at the fall of the hammer, and we do not give refunds.
Notwithstanding the above, Woodbury Auction's internet auctions carry a limited guarantee. This guarantee is designed to protect the buyer against major discrepancies (i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions or major fabrications) that would have a major effect upon the value of the item purchased.
Woodbury Auction warrants the authenticity of Authorship of each lot contained in this catalogue on the terms and conditions set forth below. "Authorship" is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the lead line of a lot in this catalogue, but as may specifically be excluded or amended by the full lot description or any oral or written salesroom notices or announcements. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot "as is" and with all faults and errors of description. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by Woodbury Auction. As noted elsewhere, condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) by prospective bidders, and as such, bidders must assume the responsibility for any errors or omissions contained therein.
Woodbury Auction warrants the Authorship of a lot for a period of 15 days from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to our satisfaction that the lead line description was incorrect, the sale will be rescinded provided the lot is returned to us in the same condition as at the time of the sale. It is also our general policy to have the purchaser obtain, at the purchaser's expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to us and the purchaser, before Woodbury Auction will determine whether to rescind a sale under the above warranty.
The purchaser's sole remedy in the event of disputed authenticity of authorship of any lot shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Woodbury Auction shall have no liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Woodbury Auction will not refund any shipping and/or handling fees paid to a third party by the purchaser.
Lead lines in the catalogue which identify a lot specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e. if the name of the artist is included in the lead line without a question mark and without any qualifying phrase such as "attributed to" or "manner of" or "circle of"). Lead lines are to be construed as modified by the accompanying description in the catalog or any other statement in the catalogue, and any statements which attribute the work to a named artist or author shall mean that the work is of a period or school of the artist or author, but is not, with certainty, by the named artist or author. This may also be indicated with a question mark following the name of author.
Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report prior to bidding. If you are an absentee bidder, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify us of any major discrepancies to the lot lead line (unless previously corrected in the Condition Report) within ten days of receipt of the item. Woodbury Auction pays its consignors 30 business days after the day of sale. Once consignors have been paid, Woodbury Auction will not honor any requests for refunds. If a buyer suspects a major discrepancy, and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify us in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded.
Exclusions - Notwithstanding any other provision herein, Woodbury Auction disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate. Woodbury Auction does not guarantee the names or patterns of Oriental rugs. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, sizes, listed are approximate. All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from the auction gallery. Items with mechanical or electric parts such as clocks, mechanical banks, lamps, music boxes, etc. are not guaranteed to be in working condition.
Purchasers of firearms must comply with all state and federal regulations governing the purchase, registration and transportation of these items.
Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at a Woodbury Auction sale, purchasers consent to the exclusive jurisdiction of the courts in the State of Connecticut.
Definitions of statements of authorship:
a. "Attributed to" - work is of the period of the named artist and may be the work of that artist, but not definitely so.
b. "Circle of" - work of the period closely associated with the artist or from his studio.
c. "School of" or "manner of" - work by a pupil or follower of the artist, in the artist's style.
d. "After" - a copy of the work of the artist.
e. "Bears signature" - has signature which might be the signature of the artist.
f. "Signed" - has a signature which in our qualified opinion is the signature of the artist.
Bidding on any item indicates your acceptance of these terms and all other terms and conditions announced or published before or at the time of sale.
3. All bidders are required to register and give full identification including valid drivers license and credit card information prior to the beginning of the auction and are required to use the number issued them when identifying themselves as the successful bidder.
4. The auctioneer has the sole and exclusive power and authority, without exception and without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance at the start of the bidding or during the bidding, and (d) otherwise regulate the bidding and its increments. The auctioneer shall further have the right to reject any opening or subsequent bid that, in the auctioneers' sole opinion and discretion, is not commensurate with the value of the lot or is not within the published bid increments. At the auctioneer's discretion, no bid of less than one-half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or live bidding in the gallery. The highest bidder as determined by the auctioneer shall be deemed the purchaser. If the auctioneer receives more than one bid of the same value, only the first acknowledged will be accepted. If any dispute arises after the sale, the sale record maintained by Woodbury Auction is conclusive. Although Woodbury Auction will endeavor to execute accurately any absentee/phone bids, these services are offered only as a convenience to clients who are not physically present at the auction, and we are not responsible for any errors or omissions which may occur in the exercise of these services.
"Auctioneer" as used in these Conditions of Sale means an employee or representative of Woodbury Auction duly licensed as an auctioneer or otherwise authorized by Woodbury Auction to conduct an auction under the laws of the State of Connecticut.
5. Woodbury Auction offers the internet bidding platform tool as a convenience to our clients. Please be aware that in some cases an absentee bid submitted on the internet before or during the auction may not be received by the auctioneer conducting the sale, or if received may not be accepted. This may occur even when the internet absentee bid was placed earlier than an equivalent absentee bid. No bids may be submitted after the auctioneer has closed the lot. The auctioneer has final discretion over which bids to accept, as described elsewhere in this document, and live bidders in the room are recognized first by the auctioneer.
6. Title to each auction lot passes upon the fall of the auctioneer's hammer, and the purchaser assumes full ownership of and responsibility therefore at the fall of the auctioneer's hammer. Thereafter the property is at the sole risk of the Buyer and neither the Seller nor Woodbury Auction shall be responsible for any loss or damage.
7. Some lots carry reserves or minimum selling prices, which is a figure set by the consignor and Woodbury Auction below which a lot will not be sold. Woodbury Auction will execute the reserve bids on behalf of consignors. The reserve will not exceed the low estimate. Estimates are subject to change at any time prior to the offering of each lot.
8. As noted above in Section 4, absentee and telephone bids are accepted and will be executed when possible, although solely as a convenience to customers. Phone bids are accepted only on lots with a low estimate of $500 or greater, and are opened at one half the posted low estimate. Woodbury Auction will not be held responsible for any errors or omissions, or failure to execute bids accurately. Bidders are encouraged to submit absentee and telephone bid requests 24 hours prior to the auction, and Woodbury Auction reserves the right to decline acceptance of absentee and/or phone bid requests tendered after 5pm on the day prior to the sale. Purchases will not be available to absentee buyers for pick-up during the auction unless arrangements are made prior to the sale.
9. Items may be withdrawn at any time prior to being offered.
10. Payments accepted are cash, approved checks, money orders, cashier's checks, PayPal, Visa, MasterCard, Discover and American Express. First time buyers must establish bank credit before the auction in order to have "approved check" status. Purchases paid for with non-approved personal/business checks or international bank checks/money orders may not be released until ten days from receipt of payment. Wire transfers are accepted with a $25.00 additional wire transfer fee added to the invoice price.
PLEASE NOTE THAT WOODBURY AUCTION TERMS AND CONDITIONS TAKE PRECEDENCE OVER ANY TERMS AND CONDITIONS SPECIFIED BY CREDIT/DEBIT CARD ISSUERS IN CONNECTION WITH PURCHASES BY CREDIT/DEBIT CARD. BY BIDDING AT OUR AUCTION YOU SPECIFICALLY ACKNOWLEDGE AWARENESS OF AND AGREEMENT WITH THIS PROVISION OF OUR TERMS AND CONDITIONS.
Payment is due ten (10) days after the sale. If a buyer fails to make payment within the ten (10) day period, the account will be delinquent.
If payment is not received within 15 days of the sale, any buyer credit card on record will be charged the invoice total plus the applicable 3% handling fee. If no credit card is available, or if a credit card number supplied is invalid or a credit card charge is rejected, Woodbury Auction LLC shall be entitled to do any or all of the following, in its sole discretion:
a. After 15 Days - Void any or all purchases covered by the invoice and sell the item(s) to an underbidder or other bona fide buyer without liability to the delinquent buyer and without releasing said buyer from responsibility to pay for any remaining purchases or losses/damages incurred due to nonpayment.
b. After 30 Days - File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Woodbury Auction LLC and/or the consignor or pursue other collection avenues to recover any and all losses.
c. After 45 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, the total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s) and any other related fees).
d. Charge interest at a rate of 1% per month throughout the entire frame of non-payment.
e. Reject further bidding or consignments by the buyer at any and all future auctions.
11. All purchases are subject to 6.35% Connecticut state sales tax unless the purchaser possesses a Connecticut sales tax exemption number, and provides Woodbury Auction with a valid, fully completed resale certificate. Valid exemption numbers from other states are accepted if accompanied by a fully completed resale certificate and a business card or letterhead.
12. ALL BUYERS ARE ENTIRELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL PACKING AND SHIPPING OF PURCHASED ITEMS. PLEASE DO NOT CONTACT WOODBURY AUCTION FOR PACKING OR SHIPPING QUOTES OR ASSISTANCE, AS WE DO NOT MAINTAIN AN IN-HOUSE SHIPPING DEPARTMENT - ALL SHIPPING IS OUTSOURCED. Please consider any and all shipping costs before you place an absentee bid or bid live. The value of any item may have no bearing on the cost to ship it and shipping costs will not affect your contractual obligations undertaken by registering to bid. While we do not maintain an in-house pack/ship department, as a courtesy and convenience to our customers we have listed below several shippers you may contact to provide packing/shipping estimates, arrange pickup of your items from Woodbury Auction, and arrange for packing/shipping to your location. A release statement with the name and contact information of your shipper must be emailed or enclosed with your payment to Woodbury Auction before any merchandise can be released.
Business and Shipping Center of Southbury
203-264-2240
www.businessandshipping.com
(smaller items)
Beardsley's Antiques and Unique Curios
203-270-0471
(NY and Boston - night and weekend delivery only)
Boxcar NY Transport Services
631-759-0534
Highland Moving
828-230-2922
Mizzentop
717-786-8809
Plycon Van Lines
631-269-7000
(Long distance) (Large items)
Sure Express Worldwide
1-877-877-0889
sureexpress@maine.rr.com, www.SureExpressworldwide.com
Top Quality Delivery Services
860-379-3424
(CT, NY, MA) (Large items)
Transport Moving and Storage
800-495-1114
13. For buyers attending the live auction, all merchandise purchased must be paid for and removed from the premises the day of the auction. Storage charges will accrue at a rate of $10 to $50 per day, depending on the item, beginning fifteen (15) days after the sale.
14. Woodbury Auction adheres to all Federal laws applicable to the sale of items containing materials from endangered or protected animal species, and WILL NOT ACCEPT LIABILITY for the purchase of any item which may include any material including, but not limited to, ivory, rhinoceros horn, tortoise shell, coral, whalebone or endangered woods. In the event an items is found to contain any of these protected products, it is THE SOLE RESPONSIBILITY OF THE BUYER to have conducted their own due diligence and to acknowledge and adhere to the applicable terms and conditions of any laws and regulations which apply to purchasing or the importation or exportation of such materials or items.
15. In all instances Woodbury Auction's or the auctioneer's joint or several interpretation of these conditions is final and binding on all bidders, and by placing a bid all bidders acknowledge having read and agreed to these Terms and Conditions.
