The following Conditions of Sale are DuMouchelles (“we,” “us,” or “our”) and constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by DuMouchelles and any consignor of such property for whom DuMouchelles acts as agent. Bidder and buyer (collectively “agent”, “purchaser”, “you” or “your”) agrees to be bound by these terms by registering to bid and/or by bidding in our auction. The Conditions of Sale, the glossary, and all other contents of the catalog are subject to amendment by DuMouchelles by the posting of notices or by oral announcements made during the sale. By participating in this sale, you agree to be bound by these terms and conditions. If live online bidding is available for the auction, additional terms and conditions of sale relating to online bidding will apply.
Please be advised that we are open Tuesday through Saturday. We are closed Sundays, Mondays, and national holidays.
By participating in any sale, the Consignor, Bidder and Buyer agree to be bound by these terms and conditions.
- Condition of Lots. We offer pre-auction viewings that are free of charge. Prospective bidders or their agents should inspect the property before bidding to determine
its condition, size and whether or not it has been repaired or restored. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. We are not responsible for providing you with a description of a lot’s condition in the catalogue or in a condition report. The absence of a condition report does not imply that the lot is free from imperfections or the effects of aging. All statements made in the catalog or in a condition report or made orally or in writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Except as set forth in paragraph 22, DuMouchelles and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog.
- As Is. The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All property is sold “as is” and neither DuMouchelles nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, advertisement or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, authorship, attribution, provenance, period, culture, source, origin, measurements or condition of the property. Any such statements are qualified statements of opinion and not representations, warranties, or assumption of liability. All dimensions given in the catalog are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate. Neither DuMouchelles nor the consignor shall be responsible for any error or omission in the catalog description of any lot. No employee or agent of DuMouchelles is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property
- Bidding Registration. Bidders participating in an auction are required to register either online or in person and are subject to our approval to bid. We encourage you to request approval at least two (2) business days prior to an auction. When you register to bid you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card.
- Documentation. New bidders, bidders who have not purchased from DuMouchelles recently, or bidders who plan to exceed their recent spending history with us must register at least two (2) business days prior to an auction and must provide us with the following:
- Individuals must provide government issued photo identification (driver’s license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement)
- Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company’s name and registered address, together with documentary proof of directors and beneficial owners.
- Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements.
- Additional Information. We reserve the right to request further information, such as the source of funds, in order to complete bidder identification and registration procedures. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller.
- Deposits and References. We may also request financial and other references and /or a deposit before approving the bidder registration. In the event a deposit is submitted and you are not the successful bidder, your deposit will be returned to you. If you are the successful bidder, any such deposit will be credited to offset the appropriate portion of the purchase price.
- Agents. If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.
- Liability. Registered bidders agree to be fully liable for all bids, including the liability to pay in full immediately after the auction for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale.
- Sanctioned Person(s). By participating in the sale, you represent and warrant that:
- The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);
- Where you are acting as agent, your principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and
- The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
- Bidding. DuMouchelles reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the sale record of DuMouchelles shall be conclusive in all respects. You agree that a bid is final once it is placed. You are fully responsible for any errors you make in bidding. Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined in DuMouchelles sole discretion.
- Absentee Bids. As a convenience to bidders who cannot attend a sale in person, DuMouchelles will, if so instructed, execute written bids on their behalf, without additional cost. Absentee bidders should complete the Absentee Bid Form provided in the catalog or online and submit the written bid in advance of the auction. If DuMouchelles receives written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. DuMouchelles is not responsible for errors or failure to execute the written bid or for errors or omissions in connection with the written bid. Lots are bought for absentee bidders at the lowest possible price (which may be below the written bid price) subject to other bids or reserves.
- Phone Bids and Online Bids. If a bidder makes arrangements with DuMouchelles at least two (2) business days prior to commencement of the sale, DuMouchelles will use reasonable efforts to contact them to enable them to participate in the bidding by telephone. We will accept bids by telephone for lots only if our staff is available to take the bids. DuMouchelles is not responsible for failure to contact bidder or for error and omissions in connection with telephone bidding. DuMouchelles will use reasonable efforts to carry out online bids, however DuMouchelles is not responsible for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids.
- Auctioneer’s Discretion. The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the saleroom or online auction; (b) accept or refuse any bid; (c) change the order of the lots in the auction; (d) move the bidding backward or forward; (e) withdraw any lot from the auction; (f) divide any lot or combine any two or more lots; (g) reopen or continue the bidding even after the hammer has fallen; and (h) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot in the event that there is an error or dispute related to bidding or the application of the reserve, whether during or after the auction.
- Successful Bid. On the fall of the auctioneer’s hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as DuMouchelles may require for all lots purchased.
- Estimates. Estimates of a lot account for the condition, rarity, quality, and provenance of the object and are based upon prices realized for similar objects in past auctions or our judgement. Neither you nor anyone else may rely on our estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, any applicable taxes, and any other applicable charges.
- Reserves. Unless otherwise indicated, each lot is offered subject to a confidential reserve. The reserve is the confidential minimum bid price at which such lot will be sold and is set at or below the estimated range. DuMouchelles may implement such reserves by bidding through its representatives on behalf of the Consignor.
- Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog.
- Withdrawal. DuMouchelles reserves the right to withdraw any property before sale and shall have no liability for such withdrawal.
- Buyer’s Premium. For lots purchased directly through DuMouchelles in person, absentee, by phone or through DuMouchelles website, a premium of 24% of the hammer price will be added to all lots and is payable by the buyer as part of the total purchase price. A buyer’s premium of 27% of the successful bid price will be added to all lots purchased through means of third party bidding platforms (e.g. LiveAuctioneers, or Invaluable, or BidSquare) and is payable by the buyer as part of the total purchase price.
- Payment. The buyers are expected to make payment for purchases immediately after the auction for the entire amount due (including hammer price, buyer’s premium and applicable taxes). Payment is due no later than ten (10) days following the date of the auction. Payment must be in U.S. Dollars and may be made by wire transfer, cash, cashier’s check, money order, personal check with approved credit drawn on a U.S. bank or accepted credit card or debit card, subject to the following limitations:
- Personal checks will be acceptable only if credit has been established with DuMouchelles or if a bank authorization has been received guaranteeing a personal check. DuMouchelles reserves the right to hold merchandise purchased by personal check until the check has cleared the bank.
- Buyers outside of the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside of the United States.
- Purchases or invoices exceeding $10,000, must be paid in the form of a wire transfer, cashier’s check, money order, or personal check with approved credit drawn on a U.S. bank unless other arrangements have been approved by DuMouchelles in advance.
- If you pay by credit card on LiveAuctioneers’ bidding platform, a 3% processing fee will be added to your purchase.
- If you have not contacted DuMouchelles to arrange payment within three (3) days of the time that invoice is sent, LiveAuctioneers will charge the credit card you used to register for the auction for the amount of your invoice. Please note, a 3% processing fee is added to your purchase if you pay by credit card through LiveAuctioneers.
- Late Payment and Non-Payment. The buyer grants DuMouchelles a security interest in the property and DuMouchelles may retain as collateral security for the buyer’s obligations to DuMouchelles, any property or monies held or received by DuMouchelles for the account of the buyer. Payment will not be deemed to have been made in full until DuMouchelles has collected funds represented by checks, or, in the case of bank or cashier’s checks, until DuMouchelles has confirmed their authenticity. Buyer agrees that a 1.5% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein. A processing fee of $50 will be assessed on any returned checks.
If the buyer does not make full payment for the purchases within ten (10) days following the date of the auction, DuMouchelles is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to DuMouchelles and the Consignor by law: DuMouchelles is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that DuMouchelles deems appropriate; (d) resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) offset the full purchase price against any amount owed by DuMouchelles to the buyer; (f) not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) take other actions as DuMouchelles find necessary and appropriate. Buyer shall be liable to DuMouchelles for all other charges incurred as a result of buyer’s non-payment, including attorney fees, storage and handling fees, expenses and incidental damages.
- Tax. Unless exempted by law from the payment thereof, the buyer will be required to pay any and all applicable sales, use, luxury or other required taxes. Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of proper documentation. Unless exemption from such taxes is established to the satisfaction of DuMouchelles, any buyer claiming an exemption will be required to pay the tax to DuMouchelles and seek a refund from the governing jurisdiction.
- Removal of Property. The buyer, at buyer’s expense must remove all property from DuMouchelles not later than ten (10) days following the sale. Removal of purchases during the auction is encouraged. Purchases not so removed will be subject to the following charges to cover handling and storage costs: After ten (10) days following the sale, a storage and handling charge of the greater of $25 per day per lot or 1% of the total invoice purchase price per month will be payable by the buyer until the items are removed, with a minimum of the greater of $1,500 or 5% for any property not so removed within sixty (60) days after the sale. Storage fees will begin on the tenth (10th) day following the sale day regardless of payment status. Handling and storage fees will be added to the invoice balance and will require full payment to remove items.
- Packing and Shipping. Shipping arrangements are the buyer’s responsibility and expense. If needed, we have a list of shippers you can evaluate on our website. We encourage you to get an estimate of shipping costs prior to bidding. We also require your approval to release property to any third party. Buyer agrees that packing and handling of purchased lots by DuMouchelles employees are undertaken solely as a courtesy for the convenience of the buyers, and DuMouchelles is not responsible for damage or breakage which may occur during packing and handling and shipping by DuMouchelles or of other carriers or packers of purchased lots, whether or not recommended by DuMouchelles. Packing and handling of purchased lots is at the entire risk of the buyer. In the case of fragile items, DuMouchelles in their sole discretion may decline to pack the items.
- Limited Right of Rescission. If within twenty-one (21) days of the sale of any lot, the buyer gives notice in writing via certified mail to DuMouchelles alleging that the identification of authorship (as defined in the catalog Glossary and set forth in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any written notices or verbal announcements during the sale) is not substantially correct based on a fair reading of the catalog, and (b) if within fourteen days of such notice the buyer returns the lot to DuMouchelles in the same condition as when sold, and (c) establishes the written allegations to DuMouchelles’ satisfaction (including by providing one or more written opinions by recognized experts in the field, as DuMouchelles may reasonably require), then the sale will be rescinded and refund only the purchase price, buyer’s premium and applicable sales tax paid.. No reimbursement shall be made for any shipping costs incurred. If, prior to receiving such notice from the original buyer alleging such defect, DuMouchelles has paid the Consignor monies owed to them in connection with this sale, DuMouchelles agrees to refund only the buyer’s premium and applicable sales taxes paid. Consignor agrees to refund any payments made to Consignor for such property. In the event the Consignor refuses to refund the payments, DuMouchelles may disclose the identity of the Consignor and assign to buyer DuMouchelles’ rights against the Consignor with respect to the lot the sale of which is sought to be rescinded. Upon such disclosure and assignment, any liability of DuMouchelles as Consignor’s agent with respect to the said lot shall automatically terminate. Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by DuMouchelles. Notwithstanding any other provision of these terms, DuMouchelles disclaims all warranties for the following:
- No Guarantee of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate.
- No Guarantee of Authenticity for Chinese, Japanese, Burmese or Korean paintings, ceramics or calligraphy. Current scholarship in the field of Chinese, Japanese, Burmese and Korean paintings and calligraphy does not permit unqualified statements as to authorship or date of execution.
- Items with mechanical parts such as clocks, mechanical banks, music boxes, etc. are not guaranteed to be complete and/or in working condition. Timekeeping accuracy is not guaranteed.
- Jewelry. All types of gemstones may have been improved by some method. We do not obtain a gemological report for every gemstone sold in our auctions. For jewelry sales, estimates are based on the information in any gemological report, if we have such report. If no report is available, assume that the gemstones may have been treated or enhanced. All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery.
- Firearms. All firearm transfers will be in strict accordance with all International, Federal, State and local laws. Buyer is responsible for adhering to all country, state and local laws before bidding. If a bidder is unable to import, purchase, own, or receive a firearm for any reason, they should not bid on these items. If a buyer later determines they cannot legally own a firearm or accept delivery, the bid is still a valid contract, and the buyer is still obligated to remit payment in accordance with payment terms. Buyers may not bid on or pay for modern firearms on behalf of another party. Only the person to whom the bidder number is registered may accept transfer of the firearm(s) at the conclusion of the sale – Federal Law disallows anyone else from accepting the transfer. DuMouchelles does not offer returns, refunds or cancellations on the basis of ineligibility or failure to facilitate transfer.
DuMouchelles makes no warranties or representations whatsoever, and no employee or consultant of DuMouchelles has the authority to make any warranties or representations, concerning any firearms or antique arms, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, as well as any express or implied warranties or representations regarding the operation, condition, reliability, safety to store or transport, or legality to purchase, own, store, transport or resell any firearms or antique arms. Use of any firearms or antique arms purchased at DuMouchelles is entirely at the user’s risk. DuMouchelles recommends that all weapons purchased at auction be examined by a competent gunsmith. DuMouchelles disclaims any liability whatsoever for accident, injury or damage resulting to any person or property from the purchase, sale, transport, storage or use of any firearms or antique arms purchased through DuMouchelles.
- Limitation of Liability. In no event will DuMouchelles be liable for any amount in excess of that paid by the buyer.
- Import/Export. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
- Video or Digital Images. At some auctions a video or digital screen may be used. DuMouchelles is not liable for any errors in the operation or quality of the image presented.
- Copyrights. DuMouchelles and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property. DuMouchelles expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, digital images, illustrations and written material produced by or for DuMouchelles relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of DuMouchelles and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
- Governing Law and Jurisdiction. The Conditions of Sale, as well as the buyer’s, Consignor’s and DuMouchelles’ respective rights and obligations shall be governed, construed and enforced in accordance with the laws of the State of Michigan. All persons participating in any auction sale, whether as bidder or consignor, whether present in person or by agent, or by absentee bid, order bid, telephone, internet or other means, consent to the exclusive jurisdiction of the state courts located in Wayne County, Michigan, and if applicable, of the federal court located in Detroit, Wayne County, Michigan.
- Severability. If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.
Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.