Selkirk Conditions of Sale
SELKIRK POLICY
Selkirk Auctioneers & Appraisers (hereafter "Selkirk") is committed to providing thorough and accurate descriptions that reflect our belief in service through honesty, integrity and attention to detail. Selkirk guarantees the authenticity of origin as stated in the first bold line of the catalogue description, with the exception of amendments by any oral or written notices or announcements at the time of the auction. "Origin" is defined as the creator, period, culture, or source, as set forth in the first bold line of a lot in the catalog. exclusions: notwithstanding any other provision of these terms of guarantee, Selkirk does not guarantee the names or patterns of any Oriental rugs. All rug dimensions are approximate. Selkirk does not guarantee the authenticity of any item created before 1500. regarding jewelry: all weights, grades, sizes, and metal content(s) are approximate. regarding colored stones: purchasers are reminded that colored stones and diamonds may be enhanced by using one or more techniques, including but not limited to: clarity enhancements, resins, and heat treatment. Selkirk makes no warranty, express or implied, to the buyer as to whether a natural stone has been enhanced. Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. normal wear will not be listed. Buyers who would like to know the fine points regarding condition should call prior to the auction. We would prefer that you examine the items before you place a bid. All other guarantees of authenticity of authorship, expressed or implied, are hereby disclaimed. there is no other warranty, express or implied. each and every lot is sold "as is".
BUYING FOR OUR ACCOUNT
The owners and employees of Selkirk believe in maintaining a transparent and fair bidding environment. Because our staff has access to sensitive bidding data for all our customers, Selkirk owners and staff will never buy any item at our auction for ourselves.
LIABILITY
Selkirk guarantees the authenticity of origin of a lot for a period of twenty-one days from the date of the auction and only to the original purchaser of record. if it is determined to Selkirk's satisfaction that the first bold line is incorrect, the sale will be rescinded, provided the lot is returned to Selkirk in the same condition in which it was at the time of the auction. it is also Selkirk's 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 Selkirk and the purchaser, before Selkirk determines whether to rescind the sale under the above guarantee. the purchaser's sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Selkirk accepts no liability of any kind for an item after the gavel has fallen.
WITHDRAWN LOTS
Selkirk reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property.
DISPUTED & REJECTED BIDS
The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinant of accepted or rejected bids and successful buyers. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot. The auctioneer reserves the right to reopen the bidding on any disputed lot. the auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item's worth. We make every attempt, for the benefit of both seller and buyer, to create lots that reflect the quality of an international auction company.
ESTIMATES & RESERVES
Presale estimates are intended as guides and may not be reflective of actual gavel price. Some of the items in this auction are subject to a reserve. the reserve is a confidential minimum price agreed upon by the consignor and Selkirk. The reserve will not be higher than the low estimate.
DEFINITIONS OF STATEMENTS
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) "In the manner of" - of the period and having strong association with artist's style and/or body of work.
c) "Circle of" - work of the period closely associated with the artist or from his studio.
d) "School of" - work by a pupil or follower of the artist, in his style.
e) "After" - in our opinion, a copy of the work of the artist.
f) "Signed" - has a signature that in our opinion is the signature of the artist.
g) "Bears signature" - has signature that in our opinion might be the signature of the artist.
PREVIEWS
We encourage our clients to attend published previews and examine the items before each auction. Preview times are listed in the forward of each catalog.
CONDITION REPORTS
Absentee bidders should call prior to bidding for an updated condition report. Condition reports will be published to our website throughout the days preceding the auction. Buyers should not assume that the absence of a condition report indicates that a lot is without flaw. it is every bidder's responsibility to request a condition report on any lot you plan to bid. the condition report supersedes the catalog description. More detailed photographs may also available. Email condition@selkirkauctions.com.
ABSENTEE BIDS
Selkirk accepts absentee bids in person (during preview), by phone, by fax and on selkirkauctions.com. An experienced bidder executes absentee bids competitively, purchasing each lot as inexpensively as possible for the absentee bid. Although our absentee bidding system is 100% honest, it is not foolproof and Selkirk is not responsible for failing to execute any absentee bids. A $50.00 minimum bid is required on all lots. Absentee bids must be submitted using our standard bidding increments. Selkirk also accepts telephone and live auction internet bids.
BIDDING INCREMENTS
Absentee and saleroom bidders should be aware of the following bidding increments,
to which our auctioneers adhere:
BUYERS PREMIUM
A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. the buyer's premium (for bids made in person, or by phone, fax or email) is 20% of the successful bid price of each lot up to and including $250,000, and 12.5% on any amount in excess of
$250,000. note: Buyer's Premium for all bidding through invaluable.com, eBay.com or any other live online bidding service is 25% of the successful bid price of each lot up to and including $250,000, and 17.5% on any amount in excess of $250,000. Should you have any questions about the buyer's premium for each of our bidding options, please contact us prior to auction for clarification.
ONLINE BIDDING
Selkirk offers online bidding for most auctions. information regarding online bidding options, and links to online catalogs, may be found at selkirkauctions.com.
FIREARMS
Selkirk follows all Federal Firearms regulations.
SALES TAX
Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Selkirk before any exemption can be made.
PAYMENT
Selkirk accepts cash, personal and certified checks or viSA® and MasterCard® as payment for items purchased. Current identification (valid driver's license) may be required. Selkirk accepts payment in uSd only; any currency-conversion fees are at the expense of the buyer. Wire transfer information is available by contacting our office. items may not leave the premises until payment is made. Selkirk reserves the right to hold merchandise until a check has cleared. A fee of $50 will be assessed on all returned checks. if payment has not been initiated within 10 days after the auction, Selkirk reserves the right to charge the credit card on file. A fee of 1.5% per month of the total invoice, in addition to storage charges, will
be charged (minimum finance charge $10) on all invoices not paid by the 28th day after the auction.
SHIPPING
Clients are invited to pick-up purchased items at our gallery during regular business hours or arrange for items to be shipped by a company of their choosing. In both cases, prior notification is appreciated. Should you require shipping assistance, please call us for a list of suggested shipping contractors. if you plan to pick-up your items, please let us know as soon as possible, so that we may have items accessible for you. Purchasers utilizing shipping services will be charged by
the company selected for packing, handling, postage and insurance. Selkirk is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. *note: Your winning bid will not be canceled, rescinded, or retracted due to shipping limitations. It is your responsibility to resolve shipping issues prior to bidding in this (or any other) auction.
STORAGE
Due to limited storage space for sold items, Selkirk requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. A notice of 24 hours must be given before items are picked up. Selkirk reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. items not removed after 60 days, may, at the discretion of Selkirk, be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. items are stored at the buyer's risk.
ACCEPTANCE OF TERMS
Bidding on any item indicates the bidder's acceptance of the terms and conditions of Selkirk's policy. We would like to thank you for your interest and participation. Selkirk takes our responsibilities to buyers and sellers very seriously. We appreciate an opportunity to build a relationship with you. Please contact us anytime. Selkirk will assist you by selling one item, a collection or an entire estate.
CONSIGNMENTS
For consignment inquiries and appointments, please contact one of our representatives: Jeff Jeffers, Amelia Jeffers, Shane Hall or Bryan Laughlin or email sell@selkirkauctions.com.
TRUSTS & ESTATES
Selkirk is pleased to work with bankers, trust officers, attorneys and others with the responsibility for dispersing estates. We will work with you and your representative to discuss your estate planning needs.
APPRAISALS
Selkirk provides appraisal services for insurance, estate tax, family division or other purposes.
CHOICE OF LAW
These Conditions of Sale shall be governed and interpreted by the laws of the State of Ohio. Should any portion of these Conditions of Sale be found to be invalid, illegal or unenforceable in a local jurisdiction, that part shall be nullified and the rest of the Conditions of Sale shall continue to be valid to the fullest extent permissible by law.
DISCLAIMER & DISCLOSURE
Legacy Auction Group, dba Selkirk Auctioneers & Appraisers was formed in 2014, when the owners of Garth's Auctioneers & Appraisers of Delaware, Ohio, purchased the name & goodwill of the Selkirk Auction Company in St. Louis, Missouri. From 1830, the Selkirk name has been associated with quality auction & appraisal services making it the second oldest name among American auction houses. We are not associated with or affiliated with Ivey-Selkirk, the Selkirk family or Selkirk family employees.
Shipping Terms
SHIPPING: Buyers are invited to pick-up purchased items at our auction location during regular business hours. Alternatively, buyers may arrange for shipping using a third party. Selkirk will provide a list of third party shippers. Selkirk does not have in-house shipping and thus asks all buyers to make their own shipping arrangements. Client Services is available to assist with shipping arrangements if the need arises. Purchasers utilizing shipping services will be charged by the company selected for packing, handling, postage and insurance. Selkirk is in no way responsible for the acts or omissions of independent contractors, packers or carriers of purchased merchandise. *Note: Regarding the shipment of firearms: please be aware that many restrictions apply to the international shipment of firearms, antique or otherwise. Ivory cannot be shipped outside of the USA. Your winning bid will not be canceled, rescinded, or retracted due to an international shipping limitation. It is your responsibility to resolve shipping issues PRIOR to bidding in this (or any other) auction. If you plan to pick up your items, please let Selkirk know as soon as possible, so that we can have them accessible.
STORAGE: Due to limited storage space for sold items, Selkirk requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. A notice of 24 hours must be given before items are picked up. Selkirk reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 60 days, may at the discretion of Selkirk, be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk.
Selkirk Payment Terms
PAYMENT: Invoices are emailed to the successful bidder within three business days of the auction. Please do not call Selkirk to inquire about your invoice until at least three business days after the auction, as that is the time we require to receive and process auction data from Invaluable. Your payment is due upon receipt of your invoice. The delivery of email is subject to factors outside the control of Selkirk; therefore, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If your payment is not received within ten (10) business days of the auction, Selkirk reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. Selkirk Auctioneers & Appraisers accepts cash (in-house only), personal and certified checks, wire transfer or VISA, MasterCard and DISCOVER as payment for items purchased. Please note: we do not accept PayPal. Items may not leave the premises until payment is made and checks have cleared. A fee of $50 will be assessed on all returned checks. There will be a late fee of one and one half (1 1/2) percent per month with a minimum of $10 on all invoices not paid within 28 days after the auction. You are responsible for paying in US DOLLAR currency. You are responsible for any currency-conversion fees if not paid in US DOLLARS. Selkirk reserves the right to take possession of any items not paid within 28 days, for re-sale, at bidder's expense. You will be responsible for any difference between net selling price and original invoice, including storage fees. Bad debts will be reported to appropriate credit agencies.
