February Edit: Encapsulating Trends

Conditions of Sale


Bidding:

1. Bidders can bid at auction (dependent upon the type of auction) in person, by agent, absentee bid, online bidding, and/or telephone bidding. If the auction is a timed auction, bidding must be online only.

2. Unless otherwise indicated, Consortium is acting as an agent for the seller/consignor.

3. The highest bidder for the lot will be the buyer for that lot. At a live auction, the auctioneer will acknowledge the highest bidder by calling out the winning bidder number and the winning bid amount.

4. The auctioneer has the absolute discretion to withdraw a lot from the auction, advance bidding on a lot, reject any bid, split bidding increments, and resolve a dispute between bidders or reoffer the disputed lot. The auctioneer?s decision is binding. After the sale, Consortium?s sales records shall be conclusive.

5. Ownership of the lot will automatically transfer to the buyer of the lot at the ?hammer? of the winning bid and the buyer assumes full risk and responsibility of that lot. No lot shall be transferred or sold.
6. All new in-person, absentee, and phone bidders must provide a valid ID prior to registration.

Payment and Shipping:

7. The sale price of a lot will include the ?hammer? price (the highest acknowledged price from the auctioneer and a buyer?s premium of 20%. Online platform bidder buyer?s premiums will be 25%. Sales tax will also be applicable unless a valid reseller?s license has been furnished prior to payment.

8. All invoices must be paid within 7 days of the conclusion of the auction. Pick-up and/or shipping arrangements must be made within 14 days of the conclusion of the auction. Live Auctioneers bidders will have payments debited from the card on file within 72 hours of the conclusion of the auction unless Consortium has been contacted with other methods of payment.

9. Lots not picked up within 30 days will incur a $5.00 per lot per day storage fee. Lots not picked up within 60 days will be considered abandoned and Consortium reserves the right to retain any payments made on the lots. Abandoned lots may be resold by Consortium in order to recover storage fees.

10. Consortium accepts as forms of payment: cash, check, cashier?s check, money order, all major credit cards, and wire transfer. Personal/Business checks must clear prior to purchases being collected or shipped.

11. Consortium cannot take credit card information over the phone for any purchases. An invoice via Square or PayPal will be sent to buyer.

12. Consortium can provide in-house shipping for smaller items. A quote should be obtained by the bidder prior to bidding on the lot. Consortium can also provide a list of shippers within the area for larger or more fragile lots.

13. In the event that delivery of a lot cannot be made due to fire, theft, or any other reason, Consortium shall only be liable for the return of any deposits or payments made by the purchaser.



Additional Bidder Responsibilities:

14. All items are sold ?as is?. Consortium, its agents and employees, and the consignor make no warranty or guarantee regarding the description, authenticity, attribution, period, culture, source, origin, provenance, age, size, condition, or merchantability.

15. Any condition reports provided are an opinion only and should not be treated as a statement of fact. Consortium shall not be held responsible for any error or omission. The absence of a condition report does not imply that the lot is free of imperfections, wear and tear, or aging. Bidders should request a condition report prior to bidding on a lot. Bidders or their agents will determine their satisfaction of the condition report provided.

16. Not including the previous conditions, if within 30 days of the date of sale of a lot, the original purchaser gives Consortium notice in writing alleging that the identification of Authorship on such lot is not correct based upon the fair reading of the catalog AND the lot is returned in the same condition as it was released to buyer, Consortium will refund the original purchase price.

17. These conditions of sale will be governed by the State of California and the County of Napa. In the event of a dispute, arbitration, or other legal proceeding, the prevailing party shall be entitled to recover their reasonable attorney?s fees and costs.


Other Conditions:

18. All images, illustrations, or text produced by Consortium is the property of Consortium. Such items will not be reproduced without Consortium?s consent.

19. Some lots may have a reserve at the request of the consignor. If bidding does not reach the reserve, the lot will not be sold. Consortium will protect the reserve on behalf of the seller by either opening the lot at or advancing bidding to reach the reserve. The reserve cannot exceed the low estimate and is confidential information between Consortium and the seller.

**Any fees additionally incurred from auction platforms such as LiveAuctioneers and Bidsquare may be passed on buyers. All items used as is condition unless otherwise stated.