CONDITIONS OF SALE

Registration is required of all Bidders. Any bid constitutes acceptance of these terms.

IT IS THE INTENTION OF QUINNS AUCTION GALLERIES TO ACCOMMODATE THE PARTICULAR NEEDS OF ITS CLIENTS, IN SO FAR AS POSSIBLE. DO NOT HESITATE TO CALL WITH ANY PROBLEMS OR QUESTIONS THAT MAY ARISE.

All property listed in this catalog will be sold by Quinn’s Auction Galleries and/or Waverly Auctions (hereinafter QW) subject to the following Conditions of Sale. As auctioneers, QW acts exclusively as agents for the owners of all property listed. These Conditions of Sale may be altered in written and oral public announcements made only by authorized representatives of QW.

ACCURACY OF DESCRIPTIONS AND AUTHENTICITY. QW has made every effort to accurately describe and catalog all property to be sold. Major defects, where evident, have been noted, along with comments regarding overall condition. However, it behooves the serious bidder to examine the property personally during the established exhibition times offered prior to sale. QW assumes no risk, liability, or responsibility for the accuracy of description, identification, weight, count, or measurement, or the verification of authenticity, authorship, or previous ownership, of any property listed in its catalogs, advertisements, lists of sale, or announcements. The descriptions of all property appearing in this catalog and any associated advertising, lists of sale, or announcements, is believed to be accurate. Nevertheless, no information or description of any kind with regard to property listed shall be construed as a warranty, either expressed or implied.  Therefore, all property is sold “as is.”

REMEDY. Not withstanding the foregoing paragraph, if any property listed in this catalog is found to be substantially at odds with the description provided, then the purchaser may seek the remedy of return for the property in question for full refund as follows: For those attending the sale, return must be made the day of the sale. For absentee bidders, return must be made within two weeks (14 calendar days) of receipt of property, providing written notice detailing the specific reason for return is given first within five (5) days of receipt of property, and providing that the property is in the same condition as when sold. All returns must be completed within 30 days of sale date. No property bearing additional descriptive limitations [i.e. sold with all faults, not subject to return] will be eligible for this remedy.  The sale of property described as such is final and no remedy will be extended after the hammer falls.  Furthermore, there is no remedy for bidder remorse. 

AUCTION BY LOT. All bids executed in this sale are by lot as numbered in this catalog. QW reserves the right to withdraw prior to sale any lot listed in this catalog, in whole or in part, and may do so at any time up to the moment of sale and at its sole and final discretion.

BUYER’S PREMIUM AND PURCHASE PRICE.  A buyer’s premium of seventeen percent (17%) will be added to the hammer price of each lot sold. The buyer’s final purchase price per lot is the total of the lot hammer price, the lot buyer’s premium, and any applicable taxes. Additional fees, such as shipping costs, VAT, etc., may also apply. 

ESTIMATES. The low and high dollar amounts listed for each lot are provided as estimates and not intended to represent an anticipated or specific value. Estimates are offered as a rudimentary buyer’s guide and are determined through research and review of comparable properties by QW. Estimates do not include buyer’s premiums or applicable taxes. QW assumes no responsibility or liability regarding estimates provided.

RESERVES. Reserves are minimum prices, established by confidential agreement between QW and its consignors, below which an item will not be sold. Any lot offered at auction by QW may be subject to a reserve. However, no lot will be offered with a reserve price that is greater than the low estimate. The auctioneer may bid on behalf of the consignor up to and including the reserve price. Any lot that fails to meet the reserve price may be “bought in,” and withdrawn from sale. Unless otherwise noted, all lots are subject to a default reserve price of fifty percent [50%] or half the low estimate.

AUCTIONEER’S DETERMINATION AND DISCRETION
The purchaser of any lot shall be the highest bidder acknowledged by the auctioneer, whether the bidder is present, bidding absentee, or by proxy. The auctioneer shall make sole and final determination as to the winning bidder, and shall have sole and final discretion to resolve disputes arising between bidders during and after the sale.  If the auctioneer determines that no bid has been executed that is commensurate with the value of the lot offered, the auctioneer may then reject any existing bid and withdraw the lot from sale. Furthermore, the auctioneer and QW may, at their sole and final discretion, reject bids issued by any bidder considered not in good credit standing with QW, or any bids issued by individuals determined to be acting in contradiction to legitimate and established auction practices and law.

TITLE. Title to any lot sold passes to the purchaser with the fall of the hammer. The purchaser assumes immediate risk and responsibility for the property.

PAYMENT. Payment of purchase price, including hammer price, buyer’s premium of 17%, and applicable taxes, is due in full at time of sale. Payment may be made by cash, credit card (including Visa, MasterCard, and American Express, each subject to a two percent [2%] convenience fee), or approved personal or business check. Checks may be required to clear their issuing financial institutions prior to shipment or removal of purchases. Unless exempt by law, all sales are subject to Virginia Sales Tax, now levied at a rate of five percent [5%]. Purchasers issuing returned checks are subject to a returned check fee [minimum $25.00] including any associated expenses and may be considered in default.

DEFAULT. Any bidder failing to make full payment within 21 calendars days of the sale date is in default. QW retains all rights available by law regarding any purchaser default, including repossession of property sold and in defaulting purchaser’s possession. In addition, QW retains the right to withhold all existing payments made by and property sold to any purchaser in default until complete and satisfactory resolution of default as determined by QW. Property held due to purchaser default may be resold at the sole and final discretion of QW, and the proceeds retained by QW as damages against defaulting purchaser.

RESCISSION. In the event that unforeseen circumstances such as adverse claims of title or rightful possession require the rescission of sale of any property offered and sold, QW, upon it sole and final discretion, retains the right to rescind any sale to any purchaser upon provision of written notice to the purchaser. In the event of rescission, immediate return of property will be required of purchaser, and immediate refund of purchase price, buyer’s premium, and applicable taxes will be made to purchaser by QW.

GOVERNING LAW. The law of the Commonwealth of Virginia shall govern the auction and sale of all property unless otherwise noted.

BIDDING.  Absentee bidding is available to those who cannot attend the sale in person. Telephone bidding is available on a limited, first-come, first-served basis. Internet bidding is available via eBay and the Live Auctioneers service. QW assumes no liability for errors and omissions in the execution of absentee, telephone, or Internet bids. Absentee bidders may leave bids to be executed fairly and confidentially by the auctioneer on their behalf.  Absentee bids may be registered in person, by telephone, by e-mail, or by fax prior to sale. Absentee bidders are encouraged to use the Absentee Bid Form included with this catalog. All absentee bids must be submitted by 3:00 P.M. the day before the sale. All absentee bidders must register with a credit card number and will be charged a preliminary hold of $100.00 upon registering.” Telephone bidders must make confirmed reservations with QW within 24 hours of sale. Telephone lines are limited and this service is extended as a courtesy to serious bidders only. Bidders requesting telephone service may be asked to leave absentee bids in lieu of telephone bidding. All telephone bidders must register with a credit card number and will be charged a preliminary hold of $250.00 upon registering.  As additional advice to those considering telephone bidding, we must advise that landlines are often preferable to cell phones for clarity and consistency in communication with our staff. No additional information, such as condition reports, additional descriptions, or further explanations regarding conditions of sale will be made available during telephone bidding. Lastly, our sales move rapidly and may include numerous floor bidders, absentee bidders, other telephone bidders, and Internet bidders. Consequently, it behooves the telephone bidder to focus their attentions exclusively on the process of sale and the lot under consideration. Individuals attempting to execute telephone bids while driving, during dinner, or in other circumstances ill-suited to orderly conduct of sale, may be refused accommodation for telephone bidding.  Internet bidders may bid via eBay and the Live Auctioneersservice. Internet bidders must register through eBay and the Live Auctioneers service and are further bound by the terms and conditions of those services. Consequently, it behooves Internet bidders to avail themselves of any and all additional terms and conditions that apply to these proxy services. 

REMOVAL. All purchases must be removed from QW premises within five [5] calendar days of sale unless additional arrangements are made. Purchases paid for but not removed within the aforementioned time will incur storage fees. Storage fees are based on the property to be removed and are assessed at the sole and final discretion of QW. Purchases not removed within 30 days become property of QW.

SHIPPING. As stated in the Conditions of Sale, title to any lot sold passes to the purchaser with the fall of the hammer. The purchaser assumes immediate risk and responsibility for the property. Therefore, purchasers assume full responsibility for the packaging, shipping, and insurance of their property. QW makes reasonable efforts to assist purchasers who cannot pick up their property in person in effecting delivery of their purchases through third-party providers.