Auction Terms & Conditions
Fontaine's Auction Gallery Terms and Conditions.
Each lot in this catalogue is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot.
By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. Fontaine’s Auction Gallery, Inc. retains all rights to copyright and other intellectual property contained in this catalogue.
2. Buyer’s Premium, Purchase Price, Taxes-Buyer’s Premium:
All bidding at auction and all purchases will be in U.S. Dollars. A buyer’s premium in the amount of 18% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction.
Purchase Price: Upon the announcement by the auctioneer, the successful bidder becomes the purchaser and is responsible for the amount of the successful bid, the buyer’s premium, applicable taxes, and other charges provided for in the Terms of Sale.
Taxes: Applicable taxes shall include Massachusetts sales tax (6.25%), use tax, excise tax, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from Massachusetts’s sales tax by U.S. dealers. No Massachusetts sales tax is charged for purchases shipped out of state.
3. Methods of Payment and Fees-Acceptable methods of payment:
Cash, Check, (Visa, MasterCard you must be in the gallery) and Wire Transfers.
Payment from absentee and phone bidders is due within 72 hours of notification of successful bids. All other payments are due upon receipt of invoice.
We reserve the right to hold all goods paid for by check until payment has cleared. Late Payment Charge: If payment is not received within thirty (30) days of sale, Fontaine’s Auction Gallery, reserves the right to impose from the date of sale a late charge of 1 1/2% a month of the total purchase price and deny all future credit. The purchaser will pay for and remove the purchased Property from the premises of Fontaine’s Auction Gallery within (30) thirty days of the sale.
If the purchased Property is not removed in this time, the purchaser will thereafter be assessed a $10 per lot storage charge per day. If any of the Terms of Sales are not fully complied with by the purchaser, the purchaser will be in default without need of notice by Fontaine Auction Gallery.
The purchaser shall be liable to Fontaine Auction Gallery and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Term of Sales. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction.
4. Qualifying to Bid-New Buyers:
If you are not known to us, you may be asked to furnish identification, a valid credit card number, and, possibly, credit references.
If you are acting as another’s agent or principal, we may request a letter of authorization. If paying by check, you must establish credit at least three (3) business days prior to the auction.
A letter from your bank, presented before the sale, may also be accepted, at our discretion, although we may retain your purchase(s) until the check clears. If you are successful and do not remit payment within thirty (30) days, the balance will be charged to your credit card together with such charges set forth in these terms of sale.
5. Payment, Collection, and Shipping Responsibilities of Purchaser:
On the fall of the auctioneer’s hammer, title to the Property immediately transfers to the successful bidder who, in turn, becomes the purchaser of the Property.
The purchaser 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, applicable taxes, and any other associated expenses.
Collection of Property and Storage Charges: The purchaser will pay for and remove the purchased Property from the premises of Fontaine’s Auction Gallery within thirty (30) days of the sale. If the purchased Property is not removed in this time, the purchaser will thereafter be assessed a $10 per lot storage charge per day. Fontaine’s Auction Gallery may, at its discretion, remove the purchased Property to public storage at the purchaser’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.
6. Bidding Increments:
10 - 250 = 10
250 - 1,000 = 25
1,000 - 2,500 = 50
2,500 - 5,000 = 100
5,000 - 10,000 = 250
10,000 - 25,000 = 500
25,000 - 50,000 = 1,000
50,000 - 100,000 = 2,500
100,000 - 500,000 = 5,000
500,000 - 1,000,000 = 10,000
The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.
7. Absentee Bids:
We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids are requested no later than 6:00 p.m. on the Friday before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance.
We will buy all designated lots for you at the bidding increment just above where competition stops. Please check and comply with these increments.
All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $500-$750, with no reserve, will normally open at $250. If there are two absentee bids for $400 and $600, the lot will sell for $425. "Plus" bids: Because of our structured bidding increments, it is possible that several people will leave identical bids. Since an earlier bid wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece.
All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Fontaine's Auction Gallery is not liable or responsible for any errors or failure to do so.
8. Telephone Bids:
Lines are available on a first-come, first-served basis – please reserve as soon as you are able.
We must hear from you no later than 12 noon on the day before the auction.
Determine the lots on which you most want to bid before reserving the lines. If you need condition reports, please request and review them prior to reserving phone lines. We will call you at one phone number ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer’s behalf, should there be any problems with telephone connections.
Your phone number and lots will be confirmed the day before the auction. Please do not change your phone number after your phone lines have been confirmed; if you do, Fontaine’s Auction Gallery will not be responsible for any breakdown in communications.
We strongly recommend land lines, as, to date, they are more reliable than cellular phones. One of the reasons people bid by phone is to monitor how much they’re spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. Bids are placed on the telephone at the discretion of Fontaine’s Auction Gallery, and at the caller’s risk.
Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Fontaine’s Auction Gallery is not liable or responsible for any errors or failure to do so. All telephone bidders hereby consent to their telephone conversations with Fontaine’s Auction Gallery being monitored and recorded.
9. Auctioneer’s Determination Final:
A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer.
The auctioneer 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, and d) otherwise regulate the bidding and its increments.
The estimates provided in this Catalogue are our 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. We shall not be liable in any way for such a difference.
11. Withdrawal of Property from Sale:
Fontaine’s Auction Gallery reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal.
12. Warranties and Guarantees:
This is a guaranteed auction as expressly stated in this paragraph.
General: All information in the Written Description concerning: age, authenticity, genuineness, quantity, period, culture, source, or origin is warranted for a period of thirty (30) days from the date of sale by Fontaine’s Auction Gallery, inclusive of shipping and handling time periods, except as excluded below.
All items are available for pick up at our gallery once cleared payment has been made & it is the responsibility of the buyer to acquire purchases before the guarantee expires. After 30 days, all sales are as is and there are absolutely no refunds for any reason.
This warranty extends to only the original buyer of record (that is, the registered bidder). Size is approximate. If keys are present, they will be provided with the clock. The terms “perfect,” “mint,” and “pristine” indicate that the lot is in the same condition that it was at time of manufacture.
Exclusions and Limitations: This Warranty does not cover: a) Wear, wear to movements or bushings, minor imperfections or factory flaws b) Any description which states (or is bracketed in a section described as) “as-is” or “not guaranteed”; c) Subsequent owners or assigns of the Property. 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.
13. Condition Reports:
Condition reports are statements of opinion by the staff of Fontaine’s Auction Gallery, and/or independent consultants. It is not a warranty. If you would like condition reports for items in the sale, please call (413) 448-8922 on Monday through Wednesday during preview week to allow ample time for completion of the request and arrangement of subsequent phone/ absentee bids. Otherwise, please fax (413) 442-1550 or mail the condition report form and you will be called prior to 5:30 pm on the Friday before the auction.
Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Fontaine’s Auction Gallery is not liable or responsible for any errors in the condition report or failure to deliver the same.
14. Purchaser Default Remedies:
If any of the Terms of Sale are not fully complied with by the purchaser, the purchaser will be in default without need of notice by Fontaine’s Auction Gallery.
The purchaser shall be liable to Fontaine’s Auction Gallery and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale.
Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to Fontaine’s Auction Gallery by law, Fontaine’s Auction Gallery may, at its option, a) cancel the sale of the lot(s) on which the purchaser defaulted and of any other lots sold to the defaulting purchaser at the same or any other auction(s) and retain as liquidated damages all payments made by the purchaser, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. Purchaser hereby waives any rights it may have regarding Fontaine’s Auction Gallery’s legal obligation to mitigate damages. In event of default, the purchaser will be responsible to Fontaine’s Auction Gallery 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. Fontaine’s Auction Gallery may, at its discretion, apply any proceeds of sale otherwise due to the purchaser or monies of the purchaser in Fontaine’s Auction Gallery’s possession to reduce or satisfy the purchaser’s obligations. Security Interest: As security for full payment to Fontaine’s Auction Gallery, and the consignor of all amounts due, the purchaser grants and Fontaine’s Auction Gallery retains a security interest in the Property purchased at auction and in any other property or money of purchaser in Fontaine’s Auction Gallery possession or coming into Fontaine’s Auction Gallery’s possession (collectively, “collateral”). Fontaine’s Auction Gallery 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 purchaser or the purchaser’s agent.
15. Legal Disputes:
In the event of any legal disputes, the bidder/buyer agrees that the laws of the Commonwealth Of Massachusetts shall govern. Additionally, bidder/buyer agrees to jurisdiction and venue for any legal dispute to be exclusively in the courts located in Pittsfield, Massachusetts. BIDDER/ BUYER HEREBY AGREES TO WAIVE TRIAL BY JURY IN ANY LITIGATION IN ANY COURT, WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OF SALE. Finally, bidder/buyer agrees to be liable for any and all attorney’s fees of Fontaine Auction Gallery in the event of any legal dispute.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.