Conditions of Sale
CONDITIONS OF SALE
Bidding in any manner at any of our sales indicates that you have read, understood and accepted the following terms and conditions of sale.
1. All items are guaranteed for accuracy and condition for a period of 21 days from the date of sale. This guarantee is given only to the person who bought the lot and not to any third party or subsequent owner. The terms of guarantee for accuracy do not cover adjectival terms or statements of opinion and only apply if the lot's worth is diminished due to the amended description. Prospective bidders should inspect the property carefully before bidding to determine its age, condition and any other factors. Estimates provided in any catalog represent the range which, in our opinion, represents a fair and probable auction value. Actual prices realized can fall below or above this range. Any indications of measurement are approximate.
2. A premium of 25% of the successful bid price of each lot will be added to the actual purchase price and is payable by the purchaser as part of the total purchase price.
3. We reserve the right to withdraw any property from the sale for any reason.
4. Payment is due within 7 days of auction. Pick-up must me within 14 days of auction. At our discretion, items not picked-up within that time frame may be resold for our own account or moved to offsite shed storage, which is neither temperature controlled nor vermin-proof.
5. If the purchaser fails to pay for the property in full and with good funds within that time frame, in addition to other remedies available to us and the Consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price together with costs of collection, including attorneys' fees, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction or by private sale without reserve, and the purchaser will be liable for any deficiency, handling charges, the expenses of both sales, our commission on both sales at our regular rates, all other charges due hereunder, all other costs and expenses, including attorneys' fees and incidental damages. In addition, a purchaser defaulting hereunder will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligation to us, any property in our possession owned by such purchaser. We shall have all of the rights afforded a secured party under the Connecticut Uniform Commercial Code with respect to such purchaser. Unless prior arrangements are made, we reserve the right to hold property purchased at an auction until payment has been made in full. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks.
6. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute or question regarding any bid, the auctioneer will have sole and final discretion to determine the successful bidder or to re-offer the property for sale. If any dispute arises after the sale, our records shall be deemed determinative. At our discretion we may accept order bids or telephone bids, but we are not responsible for any errors or omissions in connection with any such bids.
7. If the auctioneer decides that the amount of the opening bid is less than the value of the property being offered, he may reject the bid and remove the property from sale. If, having accepted an opening bid, the auctioneer decides that an advance is not enough, he may reject the advance.
8. At the auctioneer's indication that an item is sold, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder of all of the conditions set forth herein, and such bidder thereupon (a) assumes full risk and responsibility for the property, and (b) will pay the full purchase price of the property. We reserve the right to require a cash payment at the time of sale on certain items.
9. Unless exempt by law, the purchaser will be required to pay Connecticut sales tax or any applicable compensating tax of another state on the total purchase price.
10. In no event will we be liable to a purchaser for any reason for an amount in excess of the purchase price actually paid.
Payment
Payment: For all auction items, payment is due within 1 (one) week of the auction's close. Invoices will be emailed at the close of the auction and will include the Buyer's Premium of 25%, but not include other fees such as tax, packing and shipping or delivery.
Methods: Acceptable methods of payment include: Cash, Good Check, Money Order/Bank Check, Wire-Transfer, Visa, Mastercard or American Express. and credit card payments will be accepted for a maximum payment of $5000. Any balance or purchase above the $5000 limit must be paid by an alternative method. No merchandise will be released until payment in full has been received.
Checks: Merchandise paid for by personal or business check will be held for a period of approximately 7 business days. LCA also reserves the right to process checks through an automated clearing house (ACH). There is a $30 fee for any returned checks.
Sales Tax: NOTE:
All other purchases picked up at our location or shipped/delivered to an address in Connecticut is subject to 6.35% CT Sales Tax, unless a valid resale number is provided.If you have a resale number, we can provide you with a resale certificate that can be completed for tax exemption.
Pick Up: We will be available for pick up Monday through Friday from 9-5 every day for the week following the auction. If you cannot pick up during that time, please contact us to make an appointment for pick up. Please note the pick up and payment deadlines provided on your invoice, should you be a successful bidder. Pick up address: 425 Bantam Road (Rte. 202), Litchfield, CT 06759
Storage Fees: Items that have not been picked up or had specific pick up arrangements made within two weeks of the auction will be subject to a $10 per lot/per day storage fee.
Shipping Terms
Invoices for Kestenbaum & Company auctions will be sent within 24 hours following the conclusion of the sale. Kestenbaum & Company accepts bank wire transfer or check, drawn on U.S. funds, for payment. Kestenbaum & Company reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. Kestenbaum & Company will also accept payment via Visa and Mastercard.
Please note that KESTENBAUM & COMPANY DOES NOT accept PayPal for purchases.
