Terms of Sale
The Woodshed Gallery LLC Auctioneer: Bruce A. Wood, MA Auctioneer License #03251
By submitting your bid, you agree that:
You have read and agree with the Auction Terms and Conditions stated below and in the case of internet bidding you have read and agree with the Invaluable, Invaluable Live Auctions and Invaluable Timed Auctions Terms of Use Agreement. You agree to pay a buyer's premium of up to 25% and any applicable taxes and shipping.
1. Terms of Sale
A. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, fitness, nor of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and all of the property is sold "as is". All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are opinions and should in no way be construed as a guarantee of any kind as to age, condition, authenticity, materials or any other feature of items being sold. The Woodshed Gallery recommends prospective bidders examine all items in which they have an interest.
In the case of online-only auctions, examination of photographs of the objects may be supplemented with verbal descriptions by calling the gallery at 508-533-6277 with questions.
If you require absolute certainty in all areas of authenticity, and the results of your evaluation leaves uncertainty in your mind, we recommend you not bid on the item in question.
We do not give refunds. All sales are final. Any statement, written or verbal, made by the auctioneer or any agent or employee of The Woodshed Gallery shall not be deemed a warranty or assumption of liability by The Woodshed Gallery or by any seller represented by The Woodshed Gallery.
B. Bidding will begin at a price determined by the auctioneer in his sole discretion. The auctioneer reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's sole discretion, no bid of less than one half the low estimates will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery. Some lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the Auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale.
C. Once The Woodshed Gallery declares that an item is sold, The Woodshed Gallery cannot reopen the bidding. The Woodshed Gallery reserves the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the Auctioneer's sole discretion.
2. Payment
Payment must be made by cash, check, money order, wire transfer, credit card (Visa, MasterCard, Discover Card, and American Express) or PayPal, within 5 business days from the sale date. The Woodshed Gallery reserves the right to require bank checks for large purchases. Buyers not known to The Woodshed Gallery, who wish pay by check, must provide a current letter of credit from their bank guaranteeing funds for that account. The Woodshed Gallery reserves the right to not issue a bidder number or to withhold merchandise if appropriate Buyer credit has not been established per the terms of this paragraph. The Woodshed Gallery requires wire transfers or credit cards from international buyers.
3. Shipping Terms
Buyer agrees that packing and shipping is done at the Buyer's risk and that the Buyer will pay in advance all packing expenses, materials, carrier fees and insurance charges. At The Woodshed Gallery's discretion, items will either be packed by an agent (such as a packaging store) or by The Woodshed Gallery.
Please allow two weeks for shipping after payment is received. All items not picked up by Buyer immediately following live auctions, or within five (5) days of internet auctions, will be shipped at Buyer's sole expense and risk of loss. The Woodshed Gallery is happy to provide names of carriers and shippers if a Buyer so requests. The Woodshed Gallery will have no liability for any loss or damage to shipped items.
4. Buyer's Premium
A Buyer's premium of up to 25% will be applied to the purchase price of all items.
5. Sales Tax
All purchases are subject to applicable Massachusetts sales tax unless the Massachusetts Certificate of Resale tax form is completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyer's country. Items shipped out of state are not subject to sales tax.
6. Severability
If any term or provision of this Agreement is found invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Agreement or invalidate or render unenforceable such term in any other jurisdiction.
7. Notices
All notices, consents, claims, demands, waivers and communications hereunder ("Notice") shall be in writing and addressed to the parties at the addresses set forth herein or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (all fees pre-paid), facsimile (with confirmation of transmission) or certified registered mail (return receipt requested, postage prepaid). A Notice is effective only upon receipt of the receiving party, and if the party giving the Notice has complied with the requirements of this Paragraph No. 7.
8. Arbitration
Any and all disputes or controversies arising out of or relating to this Agreement or the breach thereof, shall be settled by way of Arbitration in accordance with the provisions of Massachusetts General Laws Chapter 251 and judgment on the award rendered by the Arbitrator may be entered in any Court having jurisdiction thereof. Arbitration shall be before a single arbitrator sitting in Attleboro, Massachusetts, and any award or decision shall be binding and conclusive upon all parties. As part of the decision, the arbitrator shall assess the costs and expenses of arbitration, including the fees and expenses of the arbitrator and the reasonable fees and expenses of the prevailing party (including reasonable attorneys' fees and expenses) to the non-prevailing party.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its rules of conflict of laws. Buyer submits to the exclusive jurisdiction of the courts of Commonwealth of Massachusetts and of the United States of America located in the Commonwealth of Massachusetts (the "Massachusetts Court's") for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Massachusetts Courts and agrees not to plead or claim in any Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.
Payment
TO BID:
1. Bidders must register with Invaluable.com to place a bid.
2. There are no fees to place a bid.
COMPLETING A SALE:
1. The Winning Bidder will be required to submit a deposit and to pay the item's Buyer's Premium via credit card within 48 hours after the auction ends.
2. The Winning Bidder will receive an email within one (1) hour of the end of the auction with a link and instructions on how to pay for the item's deposit and Buyer's Premium.
a. The Winning Bidder will be required to pay for the item's deposit and Buyer's Premium on the BNO.com website.
b. About the Deposit:
i. The deposit amount varies by item and is disclosed in each respective item's listing information. Deposits range between $50 and $1,000.
ii. The deposit amount will be credited towards the full payment of item won with Seller.
c. About the Buyer's Premium:
i. The Buyer's Premium varies by item and is disclosed on each item's page. The Buyer's Premium will vary between 5% and 8%.
d. The Winning Bidder must pay for the item's deposit and Buyer's Premium within one (1) week of the auction in order to guarantee the sale.
3. Once the Deposit has been received, BNO will email the Winning Bidder a "Winning Bidder Confirmation Certificate," and connect the Winning Bidder with the Seller.
a. The Certificate will provide instructions for contacting the Seller to complete the Sale.
b. The Certificate also acts as a Receipt and shows all previous payments made and balance owed.
c. Completion of Sale requires the Winning Bidder to make full payment of funds due to the Seller, and the Seller to transfer ownership of the item(s) won.
i. Winning Bidders have two (2) weeks to complete the sale with the Seller, unless the Seller and Winning Bidder have agreed to extend this period.
ii. If a Winning Bidder does not complete the sale in the allotted time, they will forfeit their deposit and any Buyer's Premium paid.
AUCTION ITEMS:
1. All items are offered in auction "As Is." Bidders are encouraged to do their due diligence and research on any item prior to bidding.
2. Final balance owed for any item won will equal the Final Hammer Price less the deposit, plus any tax and/or shipping/escrow fees, if required.
