Terms and Conditions of Sale
Our sales are filled with wonderful things, and we offer unique opportunities to explore, learn, and acquire treasured assets. We want your experience to be everything you hope for, and understanding the rules of the salesroom is important. By bidding in our sale, you are deemed to have understood, agreed to, and be bound by these terms of use.
The following Conditions of Sale constitute the entire agreement with the purchaser and any bidders for the property being offered. This agreement may be amended from time to time or by posted notices or announcements made during the sale.
Key points:
Descriptions are made only to the best of our understanding and are not a warranty.
All items are sold as is/where is.
Payment is due within three (3) days of the auction.
Items must be removed from our facility within ten (10) days of the auction, or storage fees may be incurred.
The auctioneer has the right, at their discretion, to withdraw any lot from any auction at any time and for any reason.
We do not guarantee the condition, age, authorship, or the signatures on paintings or other works of art. Any and all descriptions provided are based upon our limited observations; they are simply our opinions, and nothing more should be implied. Evaluate the objects, consult, and resolve any concerns prior to bidding. By bidding at the auction, you agree to be bound by these terms and conditions.
SHIPPING: We do not have our own packing and shipping facility. We cannot quote or estimate the cost of packing and shipping. However, we can assist and provide you with names of independent shippers upon request. If you choose to ship a Purchased Lot from our facility, you are solely responsible for the shipment. We will, at your written direction, release your Purchased Lot to a third-party shipper to pack and ship it to you at your listed address. We will work with any shipper of your choosing. Hopefully, you or your shipper carries appropriate insurance. We are not responsible for any damage or loss that occurs while your objects are in another's custody or care.
Shippers: As a courtesy to you and for your convenience, below is a list of some experienced shippers:
The Country Postman - 845-677-1076, email:
[email protected]
UPS Kingston NY - 845-336-4877, email:
[email protected]
Gravity Boxes, email:
[email protected]
Meticulous Movers - email:
[email protected], Phone: 845-256-7047
White Glove Paul Bzwadka - 413-320-2653
White Glove Andrew Prial - 518-424-2174
Pickup: Pickups from our facility can be arranged after payment has been received and finally cleared. We are generally available for pickup appointments Wednesday through Sunday from 11 AM to 4 PM. You must schedule your pickup in advance and provide authorization if someone is picking up your purchases on your behalf. A government-issued picture ID is required for security.
AS IS: All property is sold "AS IS" without any representations or warranties, express or implied, as to attribution, authenticity, merchantability, or fitness for a particular purpose. The correctness of the catalogue or other description of the physical condition. The description of any item that we offer for sale only represents our opinion and is not a warranty.
Prospective bidders should inspect the property before bidding to determine its condition. Additional photographs can be requested. All lots are available for inspection prior to the auction, and for those who can, we recommend taking advantage of the opportunity to view the items in person. Regarding condition reports, we advise prospective bidders to examine the items, the photographic images, and we encourage bidders to contact us for more information if required. Condition reports shall not be considered as comprehensive. Please examine the photographs carefully to evaluate conditions. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Condition statements, whether appearing in the catalogue, online, or at a person's request, are based on a visual inspection and are for guidance only. Such condition statements should not be relied upon as statements of fact and do not constitute a warranty.
JEWELRY:
(a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or require special care over time.
(b) All types of gemstones may have been improved by some method. You may request a gemological report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction, and you pay the fee for the report.
(c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalogue. Reports from American gemological laboratories describe any improvement or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report.
(d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced.
WATCHES AND CLOCKS:
(a) Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not give a warranty that any individual component part of any watch is authentic. Watchbands described as "associated" are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys.
(b) As collectors' watches often have very fine and complex mechanisms, you are responsible for any general service, change of battery, or further repair work that may be necessary. We do not give a warranty that any watch is in good working order. Certificates are not available unless described in the catalogue.
RESERVES: Some of the lots in this sale are offered subject to a reserve price, which is the confidential minimum price below which the lot will not be sold. A representative of the auction will execute such reserves by bidding on behalf of the consignor.
WITHDRAWAL: The auction gallery reserves the right, in its sole discretion, at any time before bidding commences to withdraw any item.
NOTE: Third-Party Internet Bidding Services. We engage third-party online bidding platforms to collect and facilitate auction bids ("Bidding Platforms"), and their fee for services is included in the standard buyer's premium.
STANDARD BUYER'S PREMIUM: 30 PERCENT
For successful purchasers utilizing any third-party bidding platforms such as Liveauctioneers or Invaluable, the buyer's premium of 30% will be added to the hammer price and is payable by the purchaser as part of the total purchase price. This buyer's premium includes the bidding platform fees that the bidding platform charges for their services.
For successful purchasers who have left bids with our gallery or bid directly with us by phone will pay a buyer premium of 25% added to the hammer price realized.
BIDDING: The highest bidder acknowledged by the auctioneer shall be the purchaser. The auction gallery reserves the right to reject any bid. The auctioneer shall advance the bid at their sole discretion. The auctioneer has absolute and sole discretion in the case of error or dispute and may re-open bidding, cancel the sale, or re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
In our discretion, we will execute order or absentee bids and may accept telephone bids as a convenience to clients who are not present at auctions. We are not responsible for any errors or omissions regarding left or telephone bids.
All bidders may be required to provide a government-issued identification confirming the bidder's name and principal address of residence or business. In addition, bidders may also be required to provide an additional residential or business address and telephone number, credit card information, and other credit-related information. The auction gallery reserves the right to require a deposit prior to bidding.
LIVE ONLINE BIDDING
We offer our clients the opportunity to bid online or leave bids with us. By participating in a sale via any of these online platforms, you acknowledge that you are bound by these Conditions of Sale as well as the additional terms and conditions for live online bidding.
FALL OF THE HAMMER
Subject to fulfillment of all the conditions set forth in these Conditions of Sale, on the fall of the auctioneer's hammer, the contract between the consignor and the purchaser is concluded, and the winning bidder thereupon will immediately pay the total purchase price, including premiums and taxes due. Title in a purchased lot will not pass until we have received payment in full of the total purchase price in cleared funds. Unless exempted by law, the purchaser will be required to pay applicable New York or any applicable local sales tax and any applicable compensating use tax of another state.
PAYMENT
Collective Hudson, LLC accepts personal and business checks from New York residents, official bank checks from our approved bidders up to a maximum sum of $5,000.00, and cash (US currency not to exceed $10,000 in a single or multiple related payments). All purchases of Jewelry, Watches, Silver, Artworks, Rugs and Carpets, and for purchases cumulatively totaling over $5,000.00, must be made by wire transfer. The purchaser's obligation to pay immediately the full purchase price is absolute and unconditional and is not subject to any defenses, setoffs, or counterclaims of any kind whatsoever. The gallery is not obligated to release a lot to the purchaser until payment has been processed and irrevocably cleared. The purchaser agrees to pay a handling charge of $100.00 for any check dishonored by the drawee and for any legal fees incurred by the gallery to collect for failure to pay or dishonored checks. NOTE: A 3.1% surcharge will be added for payments made by PayPal or credit card.
REMOVAL
Property purchased from our gallery by a successful bidder will not be released to such bidder until the full payment of the total purchase price (including the buyer's premium and online bidding service fee and all applicable sales taxes) has been made. In addition to other remedies available to us by law, we reserve the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with these conditions. Please note that we reserve the right to refuse to accept payment from a source other than the buyer of record.
The purchaser must remove all property from the auction premises at their expense promptly. If the property is not picked up within 10 days of the auction, a charge for storage and handling of $20 per lot per day will be imposed. The auction gallery also reserves the right to send the property to a public warehouse for the account and at the risk and expense of the purchaser, to be released only after payment in full of all removal, storage, handling, insurance, and any other costs incurred, together with payment of all other amounts due to us. It is the purchaser's sole responsibility to arrange to collect or ship the property and to identify and obtain any necessary export or import permit for the lot. Collective Hudson, LLC, and the consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or embargoes.
REMEDIES
If the purchaser fails to fulfill or comply with any of the conditions herein, the purchaser shall be in default and, in addition to all legal remedies available to the gallery and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges, and expenses more fully set forth herein, Collective Hudson, LLC, at its option, may: a) cancel the sale of that or any other lot or lots sold to the defaulting purchaser at the same auction or any other auction and retain all payments made by the purchaser as liquidated damages; b) resell the purchased property, whether at public auction or by private sale, for the account of the purchaser, in which case the purchaser shall be liable to Collective Hudson, LLC for all its costs and damages, including the commissions for both auctions; c) remove the property to a public warehouse for the account and at the risk and expense of the purchaser; d) charge interest at such a rate as we shall reasonably select, or e) effect any combination thereof. In any case, the purchaser will be liable for any deficiency and any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees, and incidental damages. Payment will not be deemed to have been made in full until we have collected good funds. In the event that the purchaser fails to pay any or all of the total purchase price for any lot and we nonetheless elect to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Collective Hudson, LLC shall have all the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these conditions of sale. In addition, the defaulting purchaser will be deemed to have granted and assigned to Collective Hudson, LLC a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, custody, or control, in each case whether at the time of the auction, the default, or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us. We shall have all the rights accorded a secured party under the New York Uniform Commercial Code. The purchaser hereby agrees that we may file financing statements under the New York Uniform Commercial Code without his/her signature.
LIMITATION OF LIABILITY
In no event will our liability to a purchaser with respect to an item of property exceed the purchase price actually paid by such purchaser for such item.
NEW YORK LAW; JURISDICTION
These Conditions of Sale, as well as bidders', purchasers', and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether present in person or by agent, order bid, telephone, online, or other means, all bidders, including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts located in Ulster County or federal courts sitting in Albany, State of New York.
