Standard Terms & Conditions
Terms and Conditions of Sale -Invaluable
Bidding on items indicates acceptance of the following:
Caveat
Registration with Invaluable does not automatically entitle you to bid in our auction. If you have less than three months approval history, fewer than twelve auctions, open dispute(s), no positive feedback, or incomplete/incorrect bidder registration information your request to bid will be declined. You will need to contact our office by phone (203-266-0323) or direct email (info@woodburyauction.com) in order to be approved. Special requirements will apply (please see Paragraph 5).
1. 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. The Buyer's Premium per lot for purchases on Invaluable is 25% of the final bid up to and including $500,000, and 20% for the remaining balance above $500,000. The Buyer's Premium on all lots not paid for within ten (10) days after the auction is 28%.
2. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. YOUR ONLY GUARANTEE IS TO PREVIEW AND INSPECT THE ITEMS YOURSELF. Items are described briefly, and Woodbury Auction descriptions are for information purposes only and we are not responsible for any omissions or errors in descriptions. Formal "Condition Reports" are not included in online or printed catalogs. Condition information included in Woodbury Auction item descriptions are for information purposes only and may not be relied upon as the equivalent of a formal Condition Report, and while formal Condition Reports given in response to bidder request are issued in good faith, they shall not be construed as expert opinions or guarantees of condition and may not be relied upon in substitution of personal 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, and in such case you will be bidding on the understanding that the item is NOT IN GOOD CONDITION OR IN THE CASE OF MECHANICAL EQUIPMENT IS NOT IN WORKING ORDER. Any additional condition information generated in response to bidder requests will be added to the online catalog lot description. Any request for additional photos will be responded to when possible and images will be added to the online catalog lot description. Photo requests submitted later than 24 hours before the sale will not be responded to, and we do not provide photos 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. Woodbury Auction does not guarantee the names or patterns of Oriental rugs. All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, sizes, listed are approximate. All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from the auction gallery. Items with mechanical or electric parts such as clocks, mechanical banks, lamps, music boxes, etc. are not guaranteed to be in working condition.
Buyer relies solely on his/her own expertise and judgment when bidding. If you require absolute certainty in all areas of condition and/or authenticity, 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. Woodbury Auction is not responsible for the correctness of descriptions or condition statements, and we do not represent or warrant the description, quality, size, importance, genuineness, authorship, attribution, provenance, age, period, culture, source, origin or condition of the items and no statement made in our catalog, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of specificity, shall be deemed such a representation or warranty.
The purchaser's sole remedy in the event of a dispute regarding any lot and for any reason shall be rescission of the sale and restitution of the original purchase price and in the discretion of Woodbury Auction the premium paid by such purchaser. Woodbury Auction shall have no liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Woodbury Auction will not refund any shipping and/or handling fees paid to a third party by the purchaser. Woodbury Auction pays its consignors 30 business days after the day of sale. Once consignors have been paid, Woodbury Auction will not honor any requests for refunds.
Bidding on any item indicates your acceptance of these terms and all other terms and conditions announced or published before or at the time of sale.
3. All bidders are required to register 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.
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 Woodbury Auction is conclusive. Although Woodbury Auction will endeavor to execute accurately any absentee/phone 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 Woodbury Auction duly licensed as an auctioneer or otherwise authorized by Woodbury Auction to conduct an auction under the laws of the State of Connecticut.
5. 5. Woodbury Auction offers the internet bidding platform tool as a convenience to our clients.
(a) Approval: Approval to bid in any internet bidding platform is at the discretion of 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 which may include photo identification and 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 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 may be submitted 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.
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 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 Woodbury Auction below which a lot will not be sold. 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 must open at the greater of $200 or half the low estimate. 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 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. After the auction, if for any reason Woodbury Auction is unable to deliver possession of, or convey good title to, an invoiced item, that item may be withdrawn from the purchaser's invoice by Woodbury Auction with no liability except for return of the purchase price and buyer's premium, if already paid. In no case will Woodbury Auction have any liability for consequential damages or any other claims. Failure to deliver possession of a lot does not relieve the purchaser from the obligation to pay for other lots purchased in the auction, as each purchase is a separate transaction.
10. Payments accepted are cash, approved checks, money orders, cashier's checks and wire transfers. We do not accept debit cards, credit cards, American Express or Paypal. Split payments (more than one form of payment on a single invoice) are not accepted. Valid credit card information is required to register to bid, and a deposit may be taken to secure bids or to be applied to balances due resulting from successful bids. References from other auctioneers may also be required or may satisfy the credit reference requirement. Purchases paid for with personal/business checks or international bank checks/money orders are released after seven (7) days from receipt of payment or when payment clears. Wire transfers are accepted with a $25.00 additional wire transfer fee added to the invoice price.
PLEASE NOTE THAT 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 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 to 28% and the account will be delinquent and a dispute will be filed on Live Auctioneers. 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, 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 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 Woodbury Auction with a valid, fully completed resale certificate. Valid exemption numbers from other states are accepted if accompanied by a fully completed resale certificate and a business card or letterhead.
12. The buyer will pay for the purchased property within ten (10) days and remove it from the auction location within fourteen (14) days after the sale. We are not responsible for any damage or loss on property purchased but not removed from premises within fourteen (14) days. If the purchased property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day. We may, at our discretion, remove and transfer the purchased property to public storage at the risk and expense of buyer. All associated charges will be added to the total invoice and must be paid in full before the property will be released. Buyers who choose to pick up their property in person or by agent more than ten (10) days following the sale must call 48 hours in advance to arrange pick-up. Normal pick-up hours for ten (10) days after the sale are Monday-Friday, 9:00 a.m. - 4:00 p.m. Property purchased and left unclaimed at the auction house for 90 days will become the property of Woodbury Auction without further notice.
ALL BUYERS ARE ENTIRELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL PACKING AND SHIPPING OF PURCHASED ITEMS. PLEASE DO NOT CONTACT 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 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 Woodbury Auction before any merchandise can be released.
Business and Shipping Center of Southbury
203-264-2240
bsc06488@aim.com
(smaller items)
The UPS Store, Danbury
203-748-0111
store5413@theupsstore.com
(smaller items)
Scott Cousins
978-491-9353
scottcousins22@aol.com
(furniture and decorations)
Hebert Transportation
586-524-7701
heberttransportation@yahoo.com
(cross country delivery)
G. Nelson
914-588-0265
NelsonQ1@verizon.net
(Florida to Massachusetts)
Beardsley's Antiques
203-270-0471
(NY and Boston - night and weekend delivery only)
Plycon Van Lines
631-269-7000
(Long distance) (Large items)
Sure Express Worldwide
1-877-877-0889
sureexpress@maine.rr.com, www.SureExpressworldwide.com
Top Quality Delivery Services
860-379-3424
(CT, NY, MA) (Large items)
13. All items purchased through Live Auctioneers must be paid for and removed from the premises within fourteen (14) days after the auction. Storage charges will accrue at a rate of $10 per day per item beginning fourteen (14) days after the sale. Goods will NOT BE RELEASED until accrued storage charges and any additional buyer's premiums are satisfied.
14. 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 items 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. In all instances 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
We endeavor to offer complete condition information in an objective and careful manner for all lots offered in our auctions. Condition information for each lot is included in the lot description. We provide in depth written Condition Reports in response to written requests, as part of our services offered to registered bidders. Please keep in mind that any condition statement, whether included in our lot descriptions or provided in a requested Condition Report, is merely an opinion, not a statement of fact, and all lots are sold "as is." We shall have no responsibility for any error or omission and neither Schwenke Auctioneers/Woodbury Auction LLC nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. We suggest that you or an agent personally inspect any lot before bidding. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. YOUR ONLY GUARANTEE IS TO PREVIEW AND INSPECT THE ITEMS YOURSELF. Items are described briefly, and our descriptions are for information purposes only and we are not responsible for any omissions or errors in descriptions. Formal "Condition Reports" are not included in online or printed catalogs. Condition information included in Woodbury Auction item descriptions are for information purposes only and may not be relied upon as the equivalent of a formal Condition Report, and while formal Condition Reports given in response to bidder request are issued in good faith, they shall not be construed as expert opinions or guarantees of condition and may not be relied upon in substitution of personal 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, and in such case you will be bidding on the understanding that the item is NOT IN GOOD CONDITION OR IN THE CASE OF MECHANICAL EQUIPMENT IS NOT IN WORKING ORDER. Any additional condition information generated in response to bidder requests will be added to the online catalog lot description. Any request for additional photos will be responded to when possible and images will be added to the online catalog lot description. Photo requests submitted later than 24 hours before the sale will not be responded to, and we do not provide photos 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 when bidding. If you require absolute certainty in all areas of condition and/or authenticity, 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. Woodbury Auction is not responsible for the correctness of descriptions or condition statements, and we do not represent or warrant the description, quality, size, importance, genuineness, authorship, attribution, provenance, period, age, culture, source, origin or condition of the items and no statement made in our catalog, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of specificity, shall be deemed such a representation or warranty.
