1.Unless otherwise indicated, all Property will be offered by Winchester Art Auction Ltd. as agent for Consignor.
2.Winchester Art Auction Ltd. reserves the right to vary the terms of sale, and any such changes shall become part of these Conditions of Sale.
3.Winchester Art Auction Ltd.reserves the right to withdraw any lot prior to sale and shall have no liability whatsoever for such withdrawal.
4.ALL PROPERTIES ARE SOLD AS IS, WHERE IS. Neither Winchester Art Auction Ltd. nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. We do not guarantee authorship, signatures, or markings. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. We recommend the prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, the bidders signify that they have examined the items as fully as possible, or that they have chosen not to examine the items. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by email at winchesterartauction@gmail.com. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. NO REFUNDS! ALL SALES ARE FINAL!
5.The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion, and in the event of any disputes between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute.
6. If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Property offered, he may reject the same and withdraw the Property from sale.
7.Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require.
a. All property shall be paid for and removed by the purchaser at his/her expense within seven (14) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (14) days.
b. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees.
c. Payment is a precondition to removal. Payment shall be by cash, certified check or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared.
8.Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest.
9.All bidders are required to complete the registration form (and re-seller's permit, if applicable), provide all details requested, and present a valid identification card to obtain a paddle. If a representative is bidding on a company's or someone's behalf, an authorization letter with contact information of the actual bidder will also be required. A prospective buyer may opt to bid live on the floor, leave an absentee or telephone bid, or bid through Internet.
10. Telephone bids must be submitted 24 hours prior to auction, and may be limited to the capacity of our staff pool. As telephone and online bids are options of convenience to the buyers, Winchester Art Auction Ltd.maintains that it will not be held responsible for live Internet bids that are not sent, received, or executed by the administrator.
11. Absentee Bids is a free and confidential service. Any absentee bids must be left in writing with the Winchester Art Auction Ltd. 24 hours before the start of auction. In the event identical bids are submitted, the earliest will take precedence. Absentee bids shall be executed in competition with other absentee bids, any applicable reserve, bids from the audience and bids live on-line. No "buy" bids or "unlimited" bids shall be accepted at any time for any purpose. Please note the execution of written bids is offered as an additional service for no extra charge at the bidder's risk and is undertaken subject to Winchester Art Auction Ltd. other commitments at the time of the auction; Winchester Art Auction Ltd. therefore cannot accept liability for error or failure to place such bids, whether through negligence or otherwise.
12. As a convenience to our clients, we furnish pre-sale estimates for all materials included in the auctions. These estimates are only our approximate valuations and should be taken as educated guess based upon comparable auction values, not as "prices." Bidding normally begins at about one-half the low estimate, but the final bid price may well be less than or more than any estimate printed.
13.Winchester Art Auction Ltd. auction house A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 20% of the successful bid price.
