Terms & Conditions
By submitting your bid, you agree that:
You have read and agree with the Auction Terms and Conditions below and the Invaluable Terms of Use Agreement.
You agree to pay a Buyer's premium of a total of 25% (we charge 20% and Invaluable, eBay and AuctionZip charge an additional 5%) plus any applicable taxes, shipping and administration fees. This amount will be included in your invoice issued by Schubertiade after the conclusion of the auction. We accept credit cards for payment for any winning online bidders at all sales. We require credit card information to bid, and may use it for payment if you are the winning bidder.
ANYONE EITHER REGISTERING TO BID OR PLACING A BID ("BIDDER") ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH SCHUBERTIADE MUSIC & ARTS, INC., HEREINAFTER KNOWN AS "SCHUBERTIADE" TOGETHER WITH BIDDER, THE "PARTIES"
The following terms and conditions ("Conditions of Sale") constitute the sole terms and conditions under which Schubertiade will offer for sale and sell the property described in the catalog of items for auction (the "Catalog"). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which the Bidder participates (the "Auction"). By bidding at the Auction, whether in person, through an agent or representative, by telephone, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which Schubertiade agrees to these terms.
This Auction is presented by Schubertiade on the Internet site ("Invaluable.com"). The Auction is conducted under these Conditions of Sale.
The Bidder. Bidder shall mean the original Bidder on the property offered for sale by Schubertiade and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Schubertiade prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of Schubertiade. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.
Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
All Bidders must meet Schubertiade' qualifications to bid. Any Bidder who is not a client in good standing of Schubertiade may be disqualified at Schubertiade' sole option and will not be awarded lots. Such determination may be made by Schubertiade in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Schubertiade reserves the right to exclude any person from the Auction.
If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.
Bidding. Each Bidder's determination of its bid should be based upon its own examination of the item(s) online. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. SCHUBERTIADE IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders online will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and Schubertiade has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made an error.
Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Schubertiade reserves the right to require payment in full before delivering any lot to the successful Bidder.
It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
Bidder grants to Schubertiade or its assigns the right to offset any sums due, or found to be due by Schubertiade, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Schubertiade or from any sums due to Bidder by Schubertiade. Bidder further grants Schubertiade a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Schubertiade such security interest. Bidder agrees that Schubertiade and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Schubertiade, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.
By bidding in this sale, Bidder personally and unconditionally guarantees payment.
In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, Schubertiade agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Premium actually paid, in full and complete satisfaction of all claims, which once tendered by Schubertiade, relieves and releases Schubertiade from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned.
Because invaluble.com acts only as an agent, all bids submitted directly to the house are always given preference in the event of a tie. Absentee bids submitted via internet bidding services (e.g. invaluable.com) are not known to the auctioneer until the lot is opened on the day of the Auction.
In all Auctions, bids on an item must raise the current high bid according to Schubertiade bidding increments specified under Auction Terms, on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of Schubertiade.
Schubertiade will record the paddle number of the Bidder. If Bidder's absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
Schubertiade reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless Schubertiade directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, Schubertiade will have final discretion in the event that any dispute should arise between Bidders. Schubertiade will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Schubertiade will have final discretion to resolve any disputes arising after the online auction. If any dispute arises, Schubertiade' sale record is conclusive.
Schubertiade shall determine opening bids and bidding increments. Schubertiade has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if Schubertiade has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Schubertiade' record of final sale shall be conclusive. Schubertiade also may reject any bid if Schubertiade decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by Schubertiade at the time of sale, no lots may be divided for the purpose of sale.
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.invaluable.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.invaluable.comand register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by Schubertiade. Schubertiade is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the online auction catalog. The auctioneer will accept bids from absentee bidders participating by internet or by written bid left with Schubertiade in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
Schubertiade is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
To maximize Bidder's chance of winning, Schubertiade strongly encourages the use of maximum bids. Schubertiade will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.
Absentee bidding (advance written bids submitted prior to start of the auction) are offered solely as a convenience and permitted only prior to the start of the online auction, with Schubertiade' approval which shall be exercised at Schubertiade' sole discretion. Neither Schubertiade nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for advance bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
Buyer's Premium. The Bidder acknowledges and agrees that a total of a 20% Buyer's premium will be added to the hammer price on all individual lots sold in live Auctions (the "Buyer's Live Premium"). Delivery of purchased items will not be made unless and until full payment has been received by Schubertiade, i.e., Paypal, check or credit card funds have fully cleared. Unless otherwise agreed in writing, signed by Schubertiade, payment in full is due within seven (7) calendar days of the invoice date. All purchases delivered to Massachusetts are subject to applicable Massachusetts sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Schubertiade' Buyer's Premium does not include any fees assessed by third-party internet bidding platforms. Please refer to the internet bidding platform's terms and conditions for any additional premium charged.
Payment. Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as Schubertiade may require.
Payment is due upon presentment of an invoice, following the end of auction. Schubertiade reserves the right to void an invoice if payment in full is not received within seven (7) calendar days of the of the invoice date. In cases of nonpayment, Schubertiade' election to void a sale does not relieve the Bidder from their obligation to pay Schubertiade its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot.
We accept credit cards for payment for any winning online bidders at all sales. We require credit card information to bid, and may use it for payment if you are the winning bidder.
All payments for sales are strictly in U.S. dollars via Paypal, credit cards, personal checks, cashier checks, bank money orders and wire transfers, and are subject to all reporting requirements.
All deliveries are subject to good funds; funds being received in Schubertiade' account before delivery of the Purchases; and all payments are subject to a clearing period. Schubertiade reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank.
In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
If Schubertiade refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by Schubertiade. If Schubertiade assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
Schubertiade shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. Schubertiade is further granted a lien and the right to retain possession of any other property of the Bidder then held by Schubertiade or its affiliates to secure payment of any Auction invoice or any other amounts due Schubertiade or affiliates from the Bidder. With respect to these lien rights, Schubertiade shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against Schubertiade and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes Schubertiade or its affiliates on any account, Schubertiade and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.
All checks, cashiers checks, bank checks, or money orders are payable to "Schubertiade Music & Arts".
Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a third-party shipper.
Withdrawal of Lots and Postponement of Auction. Schubertiade reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. Schubertiade shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Schubertiade reserves the right to refuse to accept bids from anyone.
Schubertiade reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property, unless they pay both a buyer's and seller's commission. Schubertiade may also execute bids on behalf of a consignor or the house account, but never above the low estimate. If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. Schubertiade has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling Schubertiade at 617-308-4019. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).
Consigned Property. Schubertiade offers lots owned by the house as well as consigned items.
Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Schubertiade may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Schubertiade will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Schubertiade for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Schubertiade, in its sole discretion, deems necessary or appropriate to preserve and protect Schubertiade' rights and remedies. Should Schubertiade resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Schubertiade shall apply the payment received to such lot or lots that Schubertiade, in its sole discretion, deems appropriate. If Schubertiade does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Schubertiade a security interest in, and Schubertiade may retain as collateral such security for such Bidder's obligations to Schubertiade, any property in Schubertiade' possession owned by such Bidder. Schubertiade shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of Massachusetts.
Warranties. Schubertiade does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Schubertiade nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Schubertiade nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Schubertiade does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Schubertiade to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Schubertiade urges Bidders to avail themselves accordingly. Bidder is encouraged to examine lots thoroughly online. Bidder may also request condition reports.
All lots sold by Schubertiade are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.
In the event that Schubertiade is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of Schubertiade, the liability, if any, of Schubertiade, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall Schubertiade be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Sale of Firearms. Schubertiade complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Remedies Under no circumstance will Schubertiade incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of Schubertiade, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, Schubertiade shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Schubertiade). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, Schubertiade shall disclose the identity of the Consignor to Bidder and assign to Bidder all of Schubertiade' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Schubertiade with respect to said lot or property shall automatically terminate. Schubertiade shall be entitled to retain the premiums and other amounts paid to Schubertiade - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If Schubertiade agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If Schubertiade does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to Schubertiade of Bidder's contention that the lot was not authentic.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Schubertiade no later than twenty-one (21) calendar days after the Auction Date. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by Schubertiade. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Schubertiade or acting as agent or representative of Schubertiade may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Newton, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Schubertiade prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Massachusetts or the United States District Court for the District of Massachusetts.
Except as provided in Bidder's Remedies, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Schubertiade or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that Schubertiade shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, Schubertiade may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Schubertiade may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Schubertiade prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Schubertiade, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
Under no circumstances is any employee, agent or representative of Schubertiade authorized by Schubertiade to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Schubertiade unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Schubertiade to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a written agreement signed by all parties, are statements of personal opinion only and are not binding on Schubertiade, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Schubertiade.
Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Schubertiade' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Schubertiade reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Schubertiade in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Schubertiade may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Schubertiade presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
