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
Whyte & Sons Auctioneers Limited, trading as Whyte's, hereinafter called "the auctioneer" exercises all reasonable care to ensure that all descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated. However, the descriptions are not intended to be, are not and are not to be taken to be, statements of fact or representations of fact in relation to the lot. They are statements of the opinion of the auctioneers, and attention is particularly drawn to clause 5 set out below. Comments and opinions, which may be found in or on lots as labels, notes, lists, catalogue prices, or any other means of expression, do not constitute part of lot descriptions and are not to be taken as such unless they are made or specifically verified by the auctioneers. Clause 1 (a) Each lot is put up subject to any reserve price imposed by the vendor (b) Subject to sub-clause (a) of this clause, the highest bidder for each lot shall be the purchaser thereof (c) If any dispute arises as to the highest bidder the auctioneer shall have absolute discretion to determine the dispute and may put up again and re-sell the lot in respect of which the dispute arises. Clause 2 (a) The bidding and advances shall be regulated by and at the absolute discretion of the auctioneer and he shall have the right to refuse any bid or bids. NOTE: Where an agent bids, even on behalf of a disclosed client, the auctioneer nevertheless has the right at his discretion to refuse any such bid. (b) The purchaser of each lot shall immediately on its sale, if required by the auctioneer, give him the name and address of the purchaser and pay to the auctioneer at his discretion the whole or part of the purchase money. If the purchaser of any lot fails to comply with any such requirement the auctioneer may put up again and re-sell the lot; if upon such re-sale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and expenses of re-sale which shall become a debt due from him. (c) Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the purchase money to the auctioneer and for safe delivery of the lot to the said client. Clause 3 (a) The auctioneer reserves the rights to bid on behalf of clients including vendors, but shall not be liable for errors or omissions in executing instructions to bid. (b) The auctioneer reserves the rights, before or during a sale, to group together lots belonging to the same vendor, to split up and to withdraw any lot or lots at the auctioneer's absolute discretion and without giving any reason in any case. (c) The auctioneer acts as agent only, and therefore shall not be liable for any default of the purchaser or vendor. Clause 4 (a) Each lot shall be at the purchaser's risk from the fall of the hammer and shall be paid for in full before delivery and taken away at his expense within one day of the sale. The buyer will be responsible for all removal, storage and insurance charges in respect of any lot which has not been collected within one day of the date of sale. (b) If any purchaser fails to pay in full for any lot within 21 days of the date of sale such lot may at any time thereafter at the auctioneer's discretion be put up for sale by auction again or sold privately; if upon such re-sale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and the expenses of re-sale which shall become debt due from him. (c) Interest at 2 per cent per month and legal costs (if any) for recovery of monies due shall be payable by the purchaser on any overdue account. Clause 5 (a) All lots are made available for inspection before each sale and each buyer, by making a bid, acknowledges that he has satisfied himself as to the physical condition, age and catalogue description of each lot (including but not restricted to whether the lot is damaged or has been repaired or restored). (b) All lots are sold with all faults and imperfections and errors of description and the Auctioneer and its employees, servants or agents shall not be responsible for any error of description or for the condition or authenticity of any lot, save for Clause 5 (c) below. Written or verbal condition reports may be supplied by the Auctioneer on request but these are merely statements of opinion, and any error or omission in these reports may not be taken as grounds for a cancellation of sale or refund of any part of the purchase price or the cost of any repairs to the lot or lots reported on (c) A purchaser shall be at liberty to reject any lot if he - (i) gives the auctioneer written notice of intention to question the genuineness of the lot within seven days from the date of sale; AND (ii) proves that the lot is a deliberate forgery and (iii) returns to the auctioneer within 20 days from the date of sale the lot in the same condition as it was at the time of sale; provided that the auctioneer may, at his discretion, on receiving a request in writing from the purchaser, extend for a reasonable period the time for return of the lot to enable it to be submitted to expertisation. NOTE: The onus of proving a lot to be a deliberate forgery is on the purchaser. (d) Where a lot has been submitted to expertisation, all costs of such expertisation shall be paid by the person who retains the certificate of expertisation and item or items to which the certificate relates. (e) Where the purchaser of a lot discharges the onus and acts in accordance with sub-clause (b) of this clause, the auctioneer shall rescind the sale and repay to the purchaser the purchase money paid by him in respect of the lot. (f) No lot shall be rejected if, subsequent to the sale, it has been marked by an expert committee or treated by any other process unless the auctioneer's permission to subject the lot to such treatment has first been obtained in writing. (g) Any lot listed as a "collection, range, portfolio etc." or stated to comprise or contain a collection or range of items which are not described shall be put up for sale not subject to rejection and shall be taken by the purchaser with all (if any) faults, lack of genuineness and errors of description and numbers of items in the lot, and the purchaser shall have no right to reject the lot; except that, notwithstanding the foregoing provisions of this sub-clause, where before a sale a person intending to bid at the sale gives notice in writing to, and satisfies the auctioneer that any such lot contains any item or items undescribed in the sale catalogue and that person specifically describes that item or those items in that notice, then that item or those items shall, as between the auctioneer and that person, to be taken to form part of the description of the lot. Clause 6 The respective rights and obligations of the parties shall be governed and interpreted by Irish law, and the buyer hereby submits to the exclusive jurisdiction of the Irish Courts. SPECIAL CONDITIONS (a)The buyer shall pay the Auctioneer a commission at the rate of 24.6% (which includes VAT at the prevailing rate under The Margin Scheme and which is not reclaimable. A further charge of 3% is made by Invaluable for Internet live bidders.
(b) The Auctioneer or its employees, servants or agents may, on request organise packing and shipping of lots purchased or may order on the buyer's behalf third parties to pack or ship purchases. Under no circumstances does the Auctioneer accept any liability whatsoever for any loss or damage howsoever occasioned in the course of such service. (c) The buyer authorises the Auctioneer to use any photographs or illustrations of any lot purchased for any or all purposes as the Auctioneer may require. The placing of a bid will be taken as full agreement to all the above conditions. WHYTE & SONS AUCTIONEERS LIMITED 38 Molesworth Street, Dublin 2
