Standard Terms & Conditions
Schwenke Auctioneers/Woodbury Auction LLC
Terms and Conditions of Sale -Invaluable
Bidding on items indicates review of and acceptance of the following:
1. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. Schwenke Auctioneers/ Woodbury Auction is not responsible for the correctness of lot lead lines, lot descriptions or statements of condition, and we do not represent or warrant the description, quality, size, importance, genuineness, authenticity, authorship, attribution, provenance, age, period, culture, source, origin or condition of any items and no statement made in our advertisements, in our catalogs either printed or online, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of detail or specificity, shall be deemed such a representation or warranty.
Condition information and/or statements of condition are not included in auction item descriptions. Any condition information which may be included is for information purposes only and may not be relied upon as the equivalent of a formal Condition Report. Condition Reports must be requested in writing, and will be provided in writing. We do not give verbal Condition Reports. No employee or agent is authorized to or will make any statements regarding condition. Condition Reports given in response to bidder requests are issued in good faith, but may not be construed as statements of fact or an expert opinion or a guarantee of condition and may not be relied upon in substitution of or in lieu of physical 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 request for additional photos will be responded to when possible and images will be added to the online catalog lot description. Requests for Condition Reports and/ or photographs submitted later than 24 hours before the sale will not be responded to, and we do not provide photographs post-auction. 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 regarding authenticity and condition when bidding on an item. If you require absolute certainty in all areas of authenticity and/or condition 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. Any claim regarding condition of a purchased lot must be made within 15 days from the auction date when purchased or within 5 days after receipt of the item by the purchaser, whichever is later in time.
In the event of a dispute regarding any lot, the purchaser's sole remedy shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Schwenke Auctioneers/Woodbury Auction shall have no liability for any damages, whether incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. No refunds will be made for any shipping and/or handling fees paid to a third party by the purchaser. No claims will be recognized if made by anyone other than the original purchaser. Schwenke Auctioneers/Woodbury Auction pays its consignors 30 business days after the day of sale. After that date, Schwenke Auctioneers/Woodbury Auction will not entertain any requests for refunds.
2. 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.
a. In-House: The buyer's premium per lot for "in-house" purchases in our auction (not on any internet platform) is 22% of the final bid up to and including $500,000, and 17% for the remaining balance above $500,000. In-house purchasers who pay their invoices in full in cash or approved check within seven days of the auction will pay a reduced buyer's premium of 20%.
b. Internet: The buyer's premium per lot for purchases in our auction on Live Auctioneers is 27% and on Invaluable is 27%. There are no discounts to the internet buyer's premiums available for early payments or cash payments, and no exceptions can be made.
3. All in-house bidders are required to register in person and give full identification including valid driver's 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. We also reserve the right to require other auction house credit references.
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 Schwenke Auctioneers/Woodbury Auction is conclusive. Although Schwenke Auctioneers/Woodbury Auction will endeavor to execute accurately any absentee/phone bids, including internet absentee 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 Schwenke Auctioneers/Woodbury Auction duly licensed as an auctioneer or otherwise authorized by Schwenke Auctioneers/Woodbury Auction to conduct an auction under the laws of the State of Connecticut.
5. Schwenke Auctioneers/Woodbury Auction offers the internet bidding platform tool as a convenience to our clients.
(a) Approval: Approval to bid on any internet bidding platform is at the discretion of Schwenke Auctioneers/Woodbury Auction and applicants with less than three months recorded bidding history will not be approved to bid in our auction without providing credit information and photo identification together with a valid credit card. Depending on the circumstances, a deposit in the amount of 50% of the low estimate on all lots of interest may be required as a condition of approval to bid.
(b) Bids, Technical Issues: Please be aware that there is no time advantage to absentee bids submitted on the internet. Also, please be advised 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 placed with the house. No bids will be accepted 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 often recognized first by the auctioneer. Our experience suggests that internet bidders should bid their limit, not just the start bid, in order to have the best chance of winning a lot. There are frequently delays in transmission of bids over the internet, and in some cases internet bids may be received after a lot has been sold to another bidder and will therefore not be accepted. Internet bids are not visible to the auctioneer until the lot opens for bidding at the live auction, and even then may only be visible to the internet clerk and may not be accepted by the auctioneer , who is free to accept bids from any source and in any order in the exercise of his/her discretion. Absentee bids left directly with Schwenke Auctioneers/Woodbury Auction are time stamped and in the case of multiple absentee bids are executed competitively with respect to start bids and bid increments.
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 Schwenke Auctioneers/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 Schwenke Auctioneers/Woodbury Auction below which a lot will not be sold. Schwenke Auctioneers/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. Absentee bids are executed in the order received, therefore in the case of identical absentee bids on a lot, the first bid received will be recognized. Schwenke Auctioneers/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 Schwenke Auctioneers/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 at the auction.
10. Payments accepted are cash, approved checks, money orders, cashier's checks, credit cards and wire transfers. We do not accept debit cards or Paypal. Credit card payments are accepted only up to $2000, unless the purchaser is present in the gallery and the card is swiped. Split payments (more than one form of payment on a single invoice) are not accepted. Domestic invoices over $2000 must be paid by cash, check or wire transfer. International invoices over $2000 must be paid by wire transfer. Valid credit card information may be required to register to bid, and a deposit may be taken toward any balance due resulting from successful bids. First time buyers must establish bank credit before the auction in order to have "approved check" status. References from other auctioneers may also be required or may satisfy the credit reference requirement. Purchases paid for with non-approved personal/business checks or international bank checks/money orders may not be released until seven days from receipt of payment or until payment clears. Wire transfers are accepted with a $25.00 additional wire transfer fee added to the invoice price.
PLEASE NOTE THAT SCHWENKE AUCTIONEERS/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 within seven (7) days after the sale. If a buyer fails to make payment within ten (10) days after the sale, the buyer's premium increases by 3% and the account will be delinquent. Any buyer credit card on record will be charged the invoice total plus the additional 3% late fee. If no credit card is available, or if a credit card number supplied is invalid or a credit card charge is rejected, Schwenke Auctioneers/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 Schwenke Auctioneers/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 Schwenke Auctioneers/Woodbury Auction with a valid, fully completed State of Connecticut Department of Revenue Services Sales & Use Tax Resale Certificate. Valid exemption numbers from other states are accepted if accompanied by a fully completed State of Connecticut Department of Revenue Services Sale & Use Tax Resale Certificate and a business card or letterhead.
12. 12. ALL BUYERS ARE ENTIRELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL PACKING AND SHIPPING OF PURCHASED ITEMS. PLEASE DO NOT CONTACT SCHWENKE AUCTIONEERS/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 Schwenke Auctioneers/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 Schwenke Auctioneers/Woodbury Auction before any merchandise can be released. If for any reason a sold lot cannot be delivered to the purchaser in the same condition as at the time of sale, or should any sold lot be stolen, lost or damaged prior to delivery/pick-up from our location, we shall not be liable for any amount in excess of that paid by the purchaser. We are not responsible for the acts or omissions of carriers or packers of sold lots, whether or not recommended by us. Handling of purchased lots by us is at the entire risk of the Purchaser and we will have no liability for any loss or damage to such items, regardless of the reason or cause.
Third Party Shippers:
Business and Shipping Center of Southbury
203-264-2240
customer.service@businessandshipping.com
The UPS Store, 206 Storrs Road, Suite C
Mansfield, CT 06268
860-477-1444
Store6669@theupsstore.com
The Country Postman
845-677-1076
info@countryPostman.com
Scott Cousins
978-491-9353
scottcousins22@aol.com
(furniture and decorations)
Transport Moving & Storage
1-800-495-1114
transportmovingandstorage@gmail.com
(east coast, NYC, and cross country)
Bush Dependable Delivery LLC
(941) 951-2447
bushdelivery@gmail.com
(east coast)
Joe Taves
1-608-509-6420
Sevattransport.com
(Continental USA)
Maas Transport
352- 229-0173
support@maastransport.net
(East Coast)
Skyrocket Services, LLC
347-997-0986
skyrocketservices@gmail.com
(Midwest and East Coast)
Top Quality Delivery Services
860-379-3424
topqualitydelivery@charter.net
(CT, NY, MA) (Large items)
G. Nelson
914-588-0265
NelsonQ1@verizon.net
(Florida to Massachusetts)
Hebert Transportation
586-524-7701
Heberttransportation@yahoo.com
(cross country delivery)
All Around Trucking LLC
516-424-9201
Los730@aol.com
(east coast to Chicago)
Beardsley's Antiques
203-270-0471
(NY and Boston - night and weekend delivery only)
Marie's Movers
(203)264-0488
mariesmovers@yahoo.com
Plycon Van Lines
631-269-7000
(Long distance) (Large items
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. Schwenke Auctioneers/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 item 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. Employees of Schwenke Auctioneers/Woodbury Auction are not prohibited from bidding at the auction. It is possible that through their employment relationship they may have access to information not available to the public.
16. In all instances Schwenke Auctioneers/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.
Condition Statements
Any condition information included in our lot descriptions is not the equivalent of a written condition statement, and the absence of condition information does not imply that the lot is free of defects. Our auction lot descriptions reflect our effort to provide accurate, objective and fair information on all lots for sale, and we encourage bidders to request written condition statements and large file images on any lots of interest by emailing condition@woodburyauction.com. We also strongly advise that you or someone on your behalf inspect the lot personally before bidding. All lots are sold "as is" and "where is" and neither we nor any consignor makes any warranties or representation of any kind or nature with respect to the property. There are no returns and no refunds based on condition. All goods are sold AS-IS, WHERE IS, WITH ALL FAULTS and all sales are final. Schwenke Auctioneers/Woodbury Auction is not responsible for the correctness of lot lead lines, lot descriptions or statements of condition, and we do not represent or warrant the description, quality, size, importance, genuineness, authenticity, authorship, attribution, provenance, age, period, culture, source, origin or condition of any items and no statement made in our advertisements, in our catalogs either printed or online, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of detail or specificity, shall be deemed such a representation or warranty.
Payments Accepted
We offer our complete catalog at www.roschmitt.com.
SALES TAX: There is NO sales tax in New Hampshire.
LIVE BIDDING: Although there is NO substitute for attending the auction and bidding yourself, you may register and bid live at www.invaluable.com. High speed internet is necessary. There is an extra 5% fee charged by Invaluable for internet bidding. The total Buyer's Premium, which includes the 5% Invaluable fee, on all Invaluable purchases is 23% with no exceptions. On higher value items, you may also register to bid via telephone. It is necessary to contact us at least to 72 hours prior to the auction to arrange for phone bidding.
PAYMENT FOR ABSENTEE BIDS: We will normally notify successful bidders within seven days. We 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, all subject to our standard 18% Buyer's Premium. 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. Payment is due on receipt of invoice, and no later than 30 days from the date of the auction. Items not paid for withing the 30 days from the date of the auction will be charged a 2% monthly interest rate on the balance due. The buyer's premium for bidders using Invaluable is 18% for all forms of payment plus the 5% Invaluable fee. Large international transactions may be performed via wire transfer. Details available upon request.
PICK UP IN LIEU OF SHIPPING: Purchases by absentee bidders, phone bidders or internet bidders may be picked up no sooner than 6 business days following the sale. If you or your agent would prefer to pick up personally from our office in Windham, NH, 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. 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.
ITEMS & ACCESSORIES: purchased by bidders registered in the auction hall, must be removed by the close of the auction. We cannot hold items nor can we provide packing materials. It is the buyer's responsibility to verify that he / she has received accessories that may be separate when checking out. Items purchased by bidders off site are not available for pick up during the sale at the auction hall.
BUYER'S AGENT: Some absentee bidders require assistance and flexibility with their bidding. To some, this may be in the form of an independent set of eyes to validate their potential purchase. To others, it may be in the form of executing a fixed budget in pursuit of several clocks. Others are looking for additional services such as careful packing, and flexible delivery options. Should you need such assistance please contact us for a recommendation.
SHIPPING: We use outside companies to ship clocks that provides services worldwide: Please see Shipping Section for details. We are often able to offer "in-house" shipping on watches.
ESTIMATES: After each description, we have indicated a high and low dollar estimate that should be used as a general guide. The final price may vary considerably from these estimates.
RESERVES: There are few items in this sale with a reserve, or confidential minimum selling price, established with the consignor or vendor. Items failing to sell will be noted in the results sheet as $0.00.
CONDITION REPORTS: 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.
PHOTOGRAPHS: Please note, some items when photographed, particularly watches, may have shadows, reflections or other marks that are a result of the photographic process and are not permanent. Both buyer and seller grant unrestricted use of auction lot photographs and prices realized to both R. O. Schmitt Fine Arts, and to Invaluable.com.
RETURNS AND REFUNDS: Returns will be considered only for items that do not conform to catalog description. 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 we ask 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.
DEFAULT and LITIGATION: REGISTRATION TO BID INDICATES ACCEPTANCE BY THE BIDDER OF THESE TERMS ENFORCABLE AS A NEW HAMPSHIRE CONTRACT. 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. 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.
Copyright 2016, R. O. Schmitt Fine Arts
Auctioneer:
R.O. SCHMITT FINE ARTS, LLC
P. O. BOX 162
WINDHAM, NH 03087
Phone: (603) 432-2237
FAX: (603) 432-2271
Website: www.roschmitt.com
Email: absentee@roschmitt.com
NH Lic #2470 & #5060, Life Member NAWCC
Copyright 2015 R. O. Schmitt Fine Arts
