Auction Terms & Conditions
CONDITIONS OF SALE:
1. Each lot in this catalog 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 Catalog 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 catalog. Sales Results: Results will be available by on our website no earlier than 10:00 am on the Monday following the auction or as soon as Fontaine's Auction Gallery, Inc. has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter.
2. Buyer's Premium, Purchase Price, Taxes, and Billing Buyer's Premium: All bidding at auction and all purchases will be in U.S. Dollars. A buyer's premium in the amount of 21% for online bidders 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. Valid resale certificates are the only 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 by a licensed shipper with proper Bill of Lading. Billing: All successful bidders will be sent invoices by mail on or before the Wednesday after the auction.
3. Methods of Payment and Fees: Acceptable methods of payment are Cash, Personal Check, Certified Check, Wire Transfers. Payment from absentee and phone bidders is due within 7-10 days 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.
4. Qualifying to Bid: 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. Bidding Increments
0 - 250 = 25,
250 - 1000 = 50,
1000 - 2500 = 100,
2500 - 10,000 = 250,
10000 - 25000 = 500,
25000 - 50000 = 1000,
50000 - 100000 = 2500,
100000 - 500000 = 5000,
500000 - 1000000 = 25000,
1000000 up = 50000.
The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments.
6. 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 $375. 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.
7. 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 Friday 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 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 landlines, 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. 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.
8. 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.
9. Reserves - A reserve is the confidential minimum price established between Fontaine's Auction Gallery and the consignor. Fontaine's may implement the reserve at this auction by bidding on behalf of the consignor up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in.
10. Estimates - The estimates provided in this Catalog are our opinion of the price that a willing buyer would pay for the Property at auction. These estimates are opinion, 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 Catalog 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, except as excluded below. This warranty extends to only the original buyer of record (that is, the registered bidder). Size is approximate. Clocks are not guaranteed to run. If keys are present, they will be provided. The terms "perfect," "mint," and "pristine" indicate that the item(s) are in the same condition that it was at time of manufacture. The term "Completely restored condition" means that the item(s) may have modifications and/or alterations including replacement parts, added embellishments, new hardware, screws & hinges, new finish and re gilding, new structural and cabinet work. Exclusions and Limitations: This Warranty does not cover: a) Wear, 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 catalog, 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. Absence of a full condition report does not mean that an item is in perfect condition, free from damage, repair or wear. Before bidding on an item, we advise you to request a full condition report. If you would like a condition report for items in this sale, please email us at firstname.lastname@example.org