Terms of Sale
All items in Bidsquare’s Themed Auctions are sold “As-Is, Where-Is.”
Bidsquare is not the seller of any item listed in this catalogue and does not own, possess, or have any right to title (whether by consignment or otherwise) to any of the property listed in this catalogue. Rather, Bidsquare is an agent of the sellers of all such items. The identity of the seller of each item in this catalogue is set forth on the page where the item is published for sale and referenced throughout these Terms of Sale as the “Seller”.
Each lot in this catalogue is offered for sale subject to the terms set forth below. No other communications by the Seller or Bidsquare is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction, the buyer and all bidders agree to be bound by these terms.
Upon the close of the auction the successful bidder becomes the buyer (the “Buyer”) and owner of the property and is responsible for the property and immediate payment (in U.S. Dollars) of the amount of the successful bid, the buyer’s premium, applicable taxes, and all other applicable charges.
The thirty (30) day warranty shall commence on the date of sale and continue to run without any tolling even if the Buyer within that thirty (30) day period 1) fails to inspect or pay, 2) requests delay in shipment, 3) provides incorrect shipping address or information, 4) experiences delay in receipt of shipment due to delay or negligence of a third-party, or 5) is unavailable to receive shipment.
Sales Results: Preliminary results will be available online shortly after each sale at www.bidsquare.com.
The Seller and Bidsquare retain all rights to photographs and other intellectual property contained in this catalogue.
2. Seller’s Determination Final
A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the Seller. The Seller will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments.
3. Buyer’s Premium, Billing, Purchase Price, and Taxes
For purchases made for themed auctions, there will be no buyer’s premium.
Billing: All successful bidders will be sent invoices by email within three (3) business days following the close of the auction.
Purchase Price: The following forms of payment are accepted: Visa, Mastercard, American Express or Paypal. A 2% surcharge will be added to the total hammer price for payment by credit card in addition to any applicable taxes. All payments are due immediately upon receipt of invoice. Sellers reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received within fifteen (15) days of the Buyer’s receipt of invoice, the Seller reserves the right to impose from the date of sale a late charge of 1.5% a month (or the highest permissible rate provided by law) of the total purchase price and deny all future credit.
Taxes: If you are shipping to a New York address or if you pick up the lots you have won, you must pay the New York State 8.875% sales tax. The only exception is for those who hold a valid resale license and file the completed New York State Sales Tax Form (New York State and Local Sales and Use Tax Resale Certificate Form ST-120) at time of payment. No New York sales tax is charged for purchases shipped out of state.4. Payment, Collection, and Shipping Responsibilities of Buyer
Buyer Obligations: On the fall of the auctioneer’s hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the Buyer of the property. The Buyer immediately assumes full risk and responsibility for the purchased property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer’s premium (if any), applicable taxes, and any other associated expenses.
Collection of Property and Storage Charges: The Buyer will pay for the purchased property immediately and remove it, or cause it to be removed, from the premises of the Seller within fourteen (14) days of the sale. Those Buyers who choose to pick up their property from the Seller following the sale must call the Seller at least twenty-four (24) hours in advance to arrange pick-up. If the purchased property is not removed within fourteen (14) days of the sale, the Buyer will thereafter be assessed a $10 per lot storage charge per day. The Seller may, at its discretion, remove the purchased property to public storage at the Buyer’s risk and expense. All associated charges will be added to the total invoice and must be paid in full before the property will be released.
If the Buyer elects to have the property shipped, the Buyer is responsible for the shipment of all purchased property. If you have a shipping preference, please make sure your shipper carries insurance. Neither the Seller nor Bidsquare is responsible for any damage or loss that occurs while your property is in another’s care, regardless of whether a particular carrier was suggested by the Seller or Bidsquare. If you choose a shipping method not recommended by the Seller or Bidsquare, you agree to indemnify, save, defend and hold the Seller and/or Bidsquare harmless from and against any claims or losses suffered by the Seller and/or Bidsquare as a consequence of using such a carrier.
As a convenience to the Buyer, the Seller will, if requested, give your property to a third party shipper that will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by credit card. Shipments are made within a few days after payment has been received.
All international customs, duties, and other tariffs are the sole responsibility of the Buyer. The Seller and all third party shippers will declare the selling price as the value in all cases.
Shipping larger items: Larger items are objects such as furniture, andirons, floor vases, or any other item whose safe packing will exceed the limits of common carriers. The Seller can arrange delivery by freight almost anywhere in the United States, fully insured, for a fee. The delivery of large, heavy, or expensive objects is not an inexpensive proposition and should be fully considered prior to bidding.
5. Buyer Default
Remedies: If any of these Terms of Sale are not fully complied with by the Buyer, the Buyer will be in default without need of notice by the Seller. The Buyer shall be liable to the Seller for the total purchase price, including all premiums, charges, and expenses specified in these Terms of Sale. Interest shall accrue at the rate of sixteen percent (16%) per annum commencing with the date of the auction. In addition to other remedies available to the Seller by law, the Seller may, at its sole discretion, a) cancel the sale of the lot(s) on which the Buyer defaulted and of any other lots sold to the defaulting Buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the Buyer, b) resell the purchased property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the Buyer will be responsible to the Seller and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys’ fees, collection fees and expenses, late charges, and other damages. The Seller may, at its discretion, apply any proceeds of sale otherwise due to the Buyer or monies of the Buyer in the Seller’s possession to reduce or satisfy the Buyer’s obligations.
Security Interest: As security for full payment to the Seller and the consignor of all amounts due, the Buyer grants the Seller the right to retain a security interest in the property purchased at auction and in any other property or money of buyer in the Seller’s possession or coming the Seller’s possession (collectively, “Collateral”). The Seller shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the property or other Collateral will cease when the property is physically delivered to the Buyer or the Buyer’s agent.
6. Warranties and Guarantees
All items are sold “As-Is, Where-Is,” except as expressly stated otherwise in the following paragraph:
All information in the catalogue concerning authenticity is guaranteed for a period of thirty (30) days from the date of sale. In that time, prior to payment to the consignor of the work, the Seller will allow the Buyer to submit, at the Buyer’s own expense, an opinion in writing from a recognized expert, pre-approved by the Seller and the Buyer, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the Buyer’s full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the Buyer. It is the Buyer’s responsibility to make payment in a timely fashion such that the property can be released and inspected within this thirty (30) day time frame. Should the Buyer not do so, or should the Buyer request the Seller to delay shipment, should the Buyer give an incorrect shipping address, or be unavailable to receive shipment, the thirty (30) day warranty shall still apply. If the Seller has paid the consignor the amounts due consignor as a result of the sale, the Seller will (i) refund to the Buyer the amount of the Buyer’s premium and applicable taxes received from the Buyer, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, the Seller will furnish the Buyer the name and address of the consignor, and assign to the Buyer all of the Seller’s rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, the Seller will have no further liability to Buyer or responsibility to pursue the Buyer’s claim. The Seller will extend reasonable cooperation to Buyer, provided that such cooperation does not require out-of-pocket expenditures by the Seller. This limited right of rescission is available only to the original Buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the property which gives rise to the claim.
This Warranty does not cover any description that states there is a conflict of specialist opinion; any description that states (or is bracketed in a section described as) “as-is“ or “not guaranteed.”
This Warranty does not cover any typographical errors. This Warranty does not cover wear on furniture. This Warranty does not cover flakes, surface scratches, or manufacturing flaws in glass or ceramics.
The description of clocks and lighting devices, whether in catalogues or condition reports, may be incomplete and not identify every mechanical replacement, repair, or defect. The absence of reference to the condition of a clock or lighting device does not imply it to be in working condition or without defects, repairs, restorations, or replacement parts.
The description of jewelry, whether in catalogues, condition reports, or any other form, is rendered as opinion, including, but not limited to, specialist opinion as to authenticity, the enhancement or treatment of gemstones, the weight of gemstones, the country of origin, the authorship or origin (manufacture) of an item, its period (or c.) or the authenticity of its marks.
No warranty is made that any watch is in working condition or without defects, restorations, or working parts.
Buyers are advised to check watch works prior to auction.
All measurements are approximate.
This disclaimer of liability on our part applies whether the information is included in the catalogue, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
No Warranty of Reproduction: Neither the consignor nor the Seller makes any warranty or representation, express or implied, as to whether a Buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the property.
The Seller makes no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise expressly stated in these Terms of Sale.
Bidsquare makes no representations or warranties whatsoever. Bidsquare explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
7. Qualifying to Bid
As a security measure, all bidders must establish credit. You will be asked to furnish identification and a valid credit card number, credit references and/or additional information.
Bidding Numbers: All bidders must register and receive a bidding number from the Seller prior to bidding at the auction.
$10 until $100 is reached
$20 until $500 is reached
$50 until $500 is reached
$100 until $1,000 is reached
$200 until $5,000 is reached
$500 until $10,000 is reached
$1,000 until $50,000 is reached
$2,500 until $50,000 is reached
$5,000 until $100,000 is reached
$10,000 over $100,000
Timed auctions utilize a staggered closing with a one (1) minute auto-extend, which means that, if there is bidding activity within the last sixty (60) seconds, the auction will continuously auto-extend for one (1) minute intervals until such time as there is no bidding activity during the last sixty (60) seconds.
8. Internet Bids
The Sellers participating in Bidsquare’s Themed Auctions have engaged the services of Bidsquare. By registering with and submitting bids through Bidsquare, the user agrees to indemnify, defend, save and hold harmless the Seller and its consignors from and against any claim arising out of or resulting from the user’s use of Bidsquare, including all losses, damages, liabilities, and all fees (including attorney’s fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Bidsquare or the Seller and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site.
A reserve is the confidential minimum price established by the Seller. The reserve will never exceed the low estimate of the lot. The Seller prohibits consignors from bidding on their own property, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve.
The estimates provided in this catalogue are the Seller’s opinion of the price that a willing buyer would pay for the property at auction, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. Neither Bidsquare nor the Seller shall be liable in any way for such a difference.
11. Withdrawal of Property from Sale
The Seller reserves the right to withdraw property from the sale for any reason and with no liability whatsoever to the Seller or Bidsquare for such withdrawal.
12. Rescission by Buyer
All items are sold “As-Is, Where-Is,” except as expressly stated otherwise in Paragraph 6. Buyer acknowledges and expressly agrees that the provisions of this Paragraph state the sole and exclusive remedy available to a Buyer in the event of non-conformity in property purchased. The Buyer understands and agrees that the exclusive remedy for any breach of the warranty shall be a rescission of the sale and a refund of the original purchase price (bid plus Buyer’s premium, if any), as well as any applicable taxes paid. Neither the Seller, its consignor, nor Bidsquare shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise.
13. Governing Law and Forum for Disputes
The laws of the State of New York shall govern the auctions under these Terms of Sale. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with New York law. Anyone who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of a court of competenent jurisdiction located in the State of New York with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that a Buyer brings an action against Bidsquare, regardless of whether the Buyer asserts claims against a Seller in the same action, the Buyer agrees to bring any such action in a court of competent jurisdiction located in the County of New York, State of New York. In the event that the Seller needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it, the Seller shall be entitled in addition to collect its reasonable attorney’s fees, costs and disbursements.
14. Limitations of Liability
The Seller acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor. Likewise, Bidsquare acts only as the agent for the Seller and in no event will be liable for any breach or default by the Seller or its consignor.
15. Severability and Waiver
If any provision or portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.
16. No Assignment
Unless the Seller consents in writing, Buyers may not assign their rights or any of their obligations related to an auction or other sale by the Seller.
17. No Modifications
These Terms of Sale may not be changed unless the Seller, Buyer and Bidsquare have agreed to do so in a written agreement signed by both parties.
18. Export or Import - Endangered/Threatened/Prohibited Species
Applicable law prohibits the import, sale, purchase, barter, or possession with intent to sell of any ivory, ivory product, rhinoceros horn, or rhinoceros horn product with exceptions that are irrelevant to commercial sale. As used in this act “Ivory” means tooth or tusk from any animal, including, but not limited to an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product. As concerns worked products made of species legal to sell under current Federal guidelines, it is the sole responsibility of Buyers to familiarize themselves with International and U.S. state laws or requirements for import and export; to identify and obtain any necessary export, import, endangered species or other permit prior to bidding; and to abide by International and U.S. laws and requirements. Neither the Seller, its consignor, nor Bidsquare make any representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. a) International: Several countries do not allow the importation of lots containing materials made from endangered species. This includes, but is not limited to coral and tortoiseshell. An export license may be required for the export of certain materials, as well. b) State of California: California Penal Code sections 653o - 653r make it illegal to import into California for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it will be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Should a buyer in California state an intent to sell the certain animal parts named in California Penal Code sections 653o - 653r, the Seller reserves the right to reject bids and refuse to ship.
Brazilian rosewood (Dalbergia nigra) has been listed in in the most restrictive category of endangered species, CITES Appendix I, since June 11, 1992. Brazilian rosewood demonstrably acquired before June 11, 1992, and any product made from such wood, is considered to be pre-Convention under CITES. The United States currently issues a pre-Convention certificate under CITES for international trade. The E.U. includes Brazilian rosewood in Annex A, which means that pre-Convention specimens generally may not be imported into the E.U. for commercial purposes unless accompanied by an import permit proving acquisition before March 1, 1947. Other nations have their own import requirements. As a result, the Seller will sell property made from Brazilian rosewood, in whole or part, only to buyers residing in the United States. The Seller will ship only to addresses in the United States. Inquiries from international buyers prior to sale will be handled on a case-by-case basis. (A list of CITES national contacts can be found at http://www.cites.org/cms/index.php/lang-en/component/cp/.)
19. Paragraph Headings: Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.
20. Conflicts with Other Terms: To the extent that there is any conflict between the meaning of these Terms of Sale and any other terms, conditions or policies set forth on the Bidsquare website, the terms of these Terms of Sale shall control.