Schwenke Auctioneers
Terms and Conditions of Sale
Bidding on items indicates review of and acceptance of the following:
1. All goods are sold "AS-IS", "WHERE IS", "WITH ALL FAULTS" and all sales are final. Schwenke Auctioneers is not responsible for the correctness of lot lead lines, lot descriptions or statements of condition, and we do not represent or warrant the description, quality, size, importance, genuineness, authenticity, authorship, attribution, provenance, age, period, culture, source, origin or condition of any items and no statement made in our advertisements, in our catalogs either printed or online, at or during the auction, in the bill of sale, or otherwise or elsewhere, regardless of the degree of detail or specificity, shall be deemed such a representation or warranty.
Condition information and/or statements of condition are not always included in auction item descriptions. Any condition information which may be included is for information purposes only and may not be relied upon as the equivalent of a formal Condition Report. Condition Reports must be requested in writing and will be provided in writing. We do not give verbal Condition Reports. No employee or agent is authorized to or will make any statements regarding condition. Condition Reports given in response to bidder requests are issued in good faith, but may not be construed as statements of fact or an expert opinion or a guarantee of condition and may not be relied upon in substitution of or in lieu of physical inspection. All auction items are available for bidder examination prior to the auction. Bidding on an item signifies that you have examined that item, either personally or through an authorized agent, or that you have elected not to examine that item. Any request for additional photos will be responded to when possible and images will be added to the online catalog lot description. Requests for Condition Reports and/or photographs submitted later than 24 hours before the sale will not be responded to, and we do not provide photographs post-auction. It is the responsibility of prospective bidders to examine lots in person or through an authorized agent and decide their level of interest. Neither the auctioneer, nor the consignor, is responsible for the accuracy of any printed or verbal descriptions of any Condition Reports. All weights and measurements are approximate and not guaranteed. All clocks, watches and other mechanical operating items are sold without any guarantee as to operating condition. Buyer relies solely on his/her own expertise and judgment regarding authenticity and condition when bidding on an item. If you require absolute certainty in all areas of authenticity and/or condition and the results of your own evaluation leave uncertainty in your mind, we recommend that you not bid on the item in question. As noted above, all sales are final at the fall of the hammer, and we do not give refunds.
The above notwithstanding, any dispute regarding the age, authenticity, condition, authorship or any other matter of or affecting an item must be made in writing and received by Schwenke Auctioneers within 15 days of the auction sale date. Written and signed testimony/documentation in dispute must accompany the written dispute (and also be received within 15 days of the sale date) and must constitute an unequivocal opinion from at least one generally recognized expert regarding the item in question rendered after a physical examination. Judgment by an expert based on images is not acceptable. Negative judgement must be absolute, not "possibly" or qualified, in order to be acceptable. Any disputed item must be returned to Schwenke Auctioneers in the original condition in which sold and within 21 days of the sale date. Any change, damage or alteration, shipping damage, or any cleaning, however minor, will disqualify an item for consideration of a refund. The decision to rescind the sale is at the sole discretion of Schwenke Auctioneers. If return is accepted and recission agreed, Schwenke Auctioneers will refund to the buyer the purchase price plus sales tax, if applicable. Schwenke Auctioneers will not reimburse for any shipping costs associated with the original shipment or the return of the item. If a dispute is not filed with required documentation within 15 days, and the item returned to Schwenke Auctioneers within 21 days of the sale date, the sale will be final with no recourse. By bidding with Schwenke Auctioneers bidders specifically agree to these terms regarding disputes and returns. In the event of a timely dispute regarding any lot, or in the event of an exception made by Schwenke Auctioneers, the purchaser's sole remedy shall be rescission of the sale and restitution of the original purchase price, paid by such purchaser, and sales tax if applicable. Schwenke Auctioneers shall have no liability for any damages, whether incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. No refunds will be made for any shipping and/or handling fees paid to a third party by the purchaser. No claims will be recognized except by the original purchaser. Schwenke Auctioneers pays its consignors 30 business days after the day of sale. After that date, Schwenke Auctioneers will not entertain any requests for refunds.
2. A buyer's premium will be added to the hammer price of each lot and is payable by the purchaser as part of the total purchase price.
a. In-House Non-Internet: The buyer's premium per lot for "in-house" purchases in our auction (live, phone or absentee) (not on Hibid or any other internet platform) is 24% up to and including $500,000, and 20% for the remaining balance above $500,000.
b. In-House Internet (Hibid): The buyer's premium per lot for purchases through Hibid is 25%.
c. Third Party Internet: The buyer's premium per lot for purchases in our auction on Live Auctioneers is 29%; on Invaluable is 29%; and on Bidsquare is 29%.
3. All in-house bidders are required to register in person and give full identification including valid driver's license and credit card information prior to the beginning of the auction and are required to use the number issued them when identifying themselves as the successful bidder. We also reserve the right to require other auction house credit references.
4. The auctioneer has the sole and exclusive power and authority, without exception and without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance at the start of the bidding or during the bidding, and (d) otherwise regulate the bidding and its increments. The auctioneer shall further have the right to reject any opening or subsequent bid that, in the auctioneers' sole opinion and discretion, is not commensurate with the value of the lot or is not within the published bid increments. At the auctioneer's discretion, no bid of less than one-half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or live bidding in the gallery. The highest bidder as determined by the auctioneer shall be deemed the purchaser. If the auctioneer receives more than one bid of the same value, only the first acknowledged will be accepted. If any dispute arises after the sale, the sale record maintained by Schwenke Auctioneers is conclusive. Although Schwenke Auctioneers will endeavor to execute accurately any absentee/phone bids, including internet absentee bids, these services are offered only as a convenience and we are not responsible for any errors or omissions which may occur in the exercise of these services, and we do not offer phone bidding for bidders outside the United States.
"Auctioneer" as used in these Conditions of Sale means an employee or representative of Schwenke Auctioneers duly licensed as an auctioneer or otherwise authorized by Schwenke Auctioneers to conduct an auction under the laws of the State of Connecticut.
5. Schwenke Auctioneers offers the internet bidding platform tool as a convenience to our clients.
(a) Approval: Approval to bid on any internet bidding platform is at the discretion of Schwenke Auctioneers and applicants with less than three months recorded bidding history, less than satisfactory bidding history, or any open, unpaid disputes or unpaid item strikes, will not be approved to bid in our auction without providing credit information and photo identification together with a valid credit card, and even then only in the discretion of Schwenke Auctioneers. Depending on the circumstances, a deposit in the amount of $500 or 50% of the low estimate on all lots of interest, whichever is hight, may be required as a condition of approval to bid.
(b) Bids, Technical Issues: Please be aware that there is no time advantage to absentee bids submitted on any internet platform. Also, please be advised that in some cases an absentee bid submitted on the internet before or during the auction may not be received by the auctioneer conducting the sale, or if received may not be accepted. This may occur even when the internet absentee bid was placed earlier than an equivalent absentee bid placed with the house. No bids will be accepted after the auctioneer has closed the lot. The auctioneer has final discretion over which bids to accept, as described elsewhere in this document, and live bidders in the room and/or in-house absentee bids are often recognized first by the auctioneer. Accordingly, an absentee internet bid at the start bid may not be successful and the lot may sell to a competing bidder at the start bid. Our experience suggests that internet bidders should bid their limit, not just the start bid, in order to have the best chance of winning a lot. There are frequently delays in transmission of bids over the internet, and in some cases internet bids may be received after a lot has been sold to another bidder and will therefore not be accepted. Internet bids are not visible to the auctioneer until the lot opens for bidding at the live auction, and even then may only be visible to the internet clerk and may not be accepted by the auctioneer, who is free to accept bids from any source and in any order in the exercise of his/her discretion. In-house absentee bids left directly with Schwenke Auctioneers on our bid forms are time stamped and in the case of multiple in-house absentee bids are executed competitively with respect to start bids and bid increments.
6. Title to each auction lot passes upon the fall of the auctioneer's hammer, and the purchaser assumes full ownership of and responsibility therefore at the fall of the auctioneer's hammer. Thereafter the property is at the sole risk of the Buyer and neither the Seller nor Schwenke Auctioneers shall be responsible for any loss or damage.
7. Some lots may carry reserves or minimum selling prices, which is a figure set by the consignor and Schwenke Auctioneers below which a lot will not be sold. Schwenke Auctioneers will execute the reserve bids on behalf of consignors. The reserve will not exceed the low estimate. Estimates are subject to change at any time prior to the offering of each lot.
8. As noted above in Section 4, absentee and telephone bids are accepted and will be executed when possible, although solely as a convenience to customers. Telephone bids are accepted on any lots, regardless of estimate, but (a) bidders must complete and submit our online phone bid form with all required documentation at least 24 hours prior to the start of the auction, and (b) the opening phone bid required will be the higher of $500 or one-half the low estimate in our posted catalogs and will be treated as an absentee bid for start bid purposes. Absentee bids placed on printed forms directly with our office are executed in the order received, and in the case of identical absentee bids on a lot, the first bid received will be recognized. However, Schwenke Auctioneers will not be held responsible for any errors or omissions, failure to execute phone or absentee bids accurately. Bidders must submit absentee and telephone bid requests 24 hours prior to the auction, and Schwenke Auctioneers reserves the right to decline acceptance of absentee and/or phone bid requests tendered thereafter. Purchases will not be available to absentee buyers for pick-up during the auction.
9. Items may be withdrawn at any time prior to being offered at the auction.
10. Payments accepted are cash, approved checks, money orders, cashier's checks, credit cards and wire transfers. We do not accept debit cards, Paypal or Venmo. Credit card payments are accepted only up to $2000, unless the purchaser is present in the gallery and the card is swiped. Credit card payments not made on our secure internet payment portal or in person swiped are subject to an additional 3% administrative charge which will be reflected as an increase in the buyer's premium. Split payments (more than one form of payment on a single invoice) are not accepted. Domestic invoices over $2000 must be paid by cash, check or wire transfer. International invoices over $500 must be paid by wire transfer. Valid credit card information may be required to register to bid, and a deposit may be taken toward any balance due resulting from successful bids. First-time buyers must establish suitable bank or other credit before the auction in order to have "approved check" status, and first-time buyers may be required to pay by bank/certified check or wire transfer. References from other auctioneers may also be required or may satisfy the credit reference requirement. Purchases paid for with non-approved personal/business checks or international bank checks/money orders are not released until seven days from receipt of payment or until payment clears. Wire transfers are accepted with a $25.00 additional wire transfer fee added to the invoice price. *No credit card payments will be accepted for silver, gold, or jewelry from buyers that have not purchased from our gallery in the past.
PLEASE NOTE THAT SCHWENKE AUCTIONEERS' TERMS AND CONDITIONS TAKE PRECEDENCE OVER ANY TERMS AND CONDITIONS SPECIFIED BY CREDIT/DEBIT CARD ISSUERS IN CONNECTION WITH PURCHASES BY CREDIT/DEBIT CARD. BY BIDDING AT OUR AUCTION YOU SPECIFICALLY ACKNOWLEDGE AWARENESS OF AND AGREEMENT WITH THIS PROVISION OF OUR TERMS AND CONDITIONS.
Payment is due within seven (7) days after the sale. If a buyer fails to make payment within ten (10) days after the sale, the buyer's premium increases by 3% and the account will be delinquent. Any buyer credit card on record will be charged the invoice total plus the additional 3% late fee. If no credit card is available, or if a credit card number supplied is invalid or a credit card charge is rejected, Schwenke Auctioneers shall be entitled to do any or all of the following, in its sole discretion:
a. After 15 Days - Void any or all purchases covered by the invoice and sell the item(s) to an underbidder or other bona fide buyer without liability to the delinquent buyer and without releasing said buyer from responsibility to pay for any remaining purchases or losses/damages incurred due to nonpayment.
b. After 30 Days - File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Schwenke Auctioneers/Woodbury Auction LLC and/or the consignor or pursue other collection avenues to recover any and all losses.
c. After 45 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, the total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s) and any other related fees).
d. Charge interest at a rate of 1% per month throughout the entire frame of non-payment.
e. Reject further bidding or consignments by the buyer at any and all future auctions.
11. All purchases are subject to 6.35% Connecticut state sales tax unless the purchaser possesses a Connecticut sales tax exemption number, and provides Schwenke Auctioneers with a valid, fully completed State of Connecticut Department of Revenue Services Sales & Use Tax Resale Certificate. Valid exemption numbers from other states are accepted if accompanied by a fully completed State of Connecticut Department of Revenue Services Sale & Use Tax Resale Certificate and a business card or letterhead.
12. ALL BUYERS ARE ENTIRELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL PACKING AND SHIPPING OF PURCHASED ITEMS. PLEASE DO NOT CONTACT SCHWENKE AUCTIONEERS FOR PACKING OR SHIPPING QUOTES OR ASSISTANCE, AS WE DO NOT MAINTAIN AN IN-HOUSE SHIPPING DEPARTMENT - ALL SHIPPING IS OUTSOURCED. Please consider any and all shipping costs before you place an absentee bid or bid live. The value of any item may have no bearing on the cost to ship it and shipping costs will not affect your contractual obligations undertaken by registering to bid. While we do not maintain an in-house pack/ship department, as a courtesy and convenience to our customers we have listed below several shippers you may contact to provide packing/shipping estimates, arrange pickup of your items from Schwenke Auctioneers, and arrange for packing/shipping to your location. A release statement with the name and contact information of your shipper must be emailed or enclosed with your payment to Schwenke Auctioneers before any merchandise can be released. Handling of purchased lots by us is at the entire risk of the Purchaser and we will have no liability for any loss or damage to such items, regardless of the reason or cause.
Schwenke Auctioneers List of Third Party Shippers
Business and Shipping Center of Southbury
203-264-2240
[email protected]
The UPS Store - Mansfield, CT
860-477-1444
[email protected]
Carters Antiquities Procurement Services
for quote: 860-671-8903
Scott Cousins
978-491-9353
[email protected]
(furniture and decorations)
ConBush Dependable Delivery LLC
(941) 951-2447
[email protected]
(east coast)
Crossland NYC
(212) 675-1400
[email protected]
(East Coast, Midwest,)
3 Little Men
(917) 525-5595
[email protected]
((East Coast to Chicago)
Capitol City Moving
(512) 767-0275
[email protected]
(East Coast, West Coast across 110)
U.S. & Beyond Shipping
347-638-6247
[email protected]
(cross country)
Art Delivery Service
(505) 982-6155
[email protected]
(cross country art specialists)
North Wind Transport
Wendy Buckus
[email protected]
(603) 491-5199
(West Coast)
Flash Logistics
(973) 204-3048
[email protected]
(USA)
Top Quality Delivery Services
860-379-3424
[email protected]
(CT, NY, MA) (Large items)
Plycon Van Lines
631-269-7000
(long distance -large items)
13. All merchandise purchased must be paid for within seven days and removed from the premises within fifteen days after the auction. See Section 10 regarding payments. Storage charges will accrue at a rate of $10 to $50 per day, depending on the item, beginning fifteen (15) days after the sale. Items left unclaimed for over thirty (30) days will be deemed abandoned.
14. Schwenke Auctioneers adheres to all Federal laws applicable to the sale of items containing materials from endangered or protected animal species, and WILL NOT ACCEPT LIABILITY for the purchase of any item which may include any material including, but not limited to ivory, rhinoceros horn, tortoise shell, coral, whalebone or endangered woods. In the event an item is found to contain any of these protected products, it is THE SOLE RESPONSIBILITY OF THE BUYER to have conducted their own due diligence and to acknowledge and adhere to the applicable terms and conditions of any laws and regulations which apply to purchasing or the importation or exportation of such materials or items.
15. Employees of Schwenke Auctioneers are not prohibited from bidding at the auction. It is possible that through their employment relationship they may have access to information not available to the public.
16. In all instances Schwenke Auctioneers' or the auctioneer's joint or several interpretations of these conditions is final and binding on all bidders, and by placing a bid all bidders acknowledge having read and agreed to these Terms and Conditions.
