Terms and Conditions of Sale
The buyer's premium for each lot purchased on Invaluable:
30% up to and including $100,000
25% above $100,000 up to and including $1,000,000
20% above $1,000,000
Terms of Sale:
- The auctioneer is responsible for determining the highest bidder and resolving any disputes.
- All purchases are subject to (i) state sales tax unless the buyer is a registered reseller and has proof of such exemption (i.e., a valid tax I.D. number) or merchandise is to be shipped out of state, no exceptions, and (ii) a buyer's premium, as noted above. If you are a resident of Illinois, or are picking up your purchase, you are required to pay state sales tax unless exempted by law.
- If paying by cash or check (must be drawn on a U.S. bank), the following are required: (i) verification of identity (by providing a form of government-issued photo identification, such as a passport, identity card, or driver's license); and (ii) confirmation of permanent address.
- If paying by credit card, an additional 2% convenience fee is payable on the total of the hammer price, buyer's premium, tax (if applicable), and shipping cost (if any).
- We accept payment by cash, check (drawn on a U.S. bank), cashier's check, credit card (Visa, MasterCard, or Discover credit cards, with an additional 2% convenience fee noted above), or wire transfer ($25 fee if payment made by wire transfer).
- We reserve the right to exclude credit cards as a permitted method of payment and to require that payment be made by one of the other methods indicated above.
- Once payment has been received and cleared, merchandise purchased may be released.
LATE PAYMENT / DEFAULT:
Any payment not made within 10 days after its due date shall be considered delinquent and shall constitute a default on the part of buyer with respect to its obligations under these Terms & Conditions. In such event, Toomey & Co. Auctioneers shall be entitled at its absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to it by law): (i) to charge interest at such rate as Toomey & Co. Auctioneers shall reasonably decide; (ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (iii) to cancel the sale; (iv) to resell the property publicly or privately on such terms as Toomey & Co. Auctioneers shall deem fit; (v) to set off the outstanding amount remaining unpaid by the buyer against any amounts that Toomey & Co. Auctioneers may owe the buyer in any other transactions; (vi) to reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids; and (vii) to take such other action as Toomey & Co. Auctioneers deems necessary or appropriate.
STORAGE FEES:
Toomey & Co. Auctioneers may impose a storage fee of $5.00 per day per lot beginning on day 31 to be paid by buyer for any lot or item not collected by buyer within 30 days after the sale unless other prior arrangements have been made. Buyer agrees that Toomey & Co. Auctioneers shall have no liability for any damage to property left on its premises after such 30-day period.
CONDITION REPORTS / NOTICES / PREVIEW:
It is solely the buyer's responsibility to be knowledgeable about the condition of a piece/pieces before bidding. Auction items are available for viewing/previewing during the week prior to the auction on the dates/times listed in the front of the catalog or by appointment. We encourage you or a knowledgeable representative to visit and inspect all lots at this time. If this cannot be done, we encourage you to contact us with your condition report requests prior to the sale. Our staff will give you our opinion of condition, answer any questions, and send photos if necessary. Any such opinion is not a professional conservator's evaluation and is not to be relied on as a representation or statement of fact, but is given to the best of our knowledge. It is the buyer's responsibility to be aware of all conditions, addendums, and corrections prior to the sale. Notices amending the catalog description of a lot after the catalog has gone to press are available at the auction house or are announced by the auctioneer. Please take note of them.
PREVIEW:
We will have a preview of the items offered in this sale, at the Toomey & Co. Auctioneers, 818 North Blvd. in Oak Park, on the following dates: Monday, April 2, 2018 10:00 a.m. - 5:00 p.m.; Tuesday, April 3, 2018 10:00 a.m. - 5:00 p.m.; Wednesday, April 4, 2018 10:00 a.m. - 5:00 p.m.; Thursday, April 5, 2018 10:00 a.m. - 7:00 p.m.; Friday, April 6, 2018 10:00 a.m. - 5:00 p.m.; Saturday, April 7, 2018 10:00 a.m. - 5:00 p.m. Also open by appointment when available. We're glad to offer an advance preview, usually for six weeks prior to sale date on most of the items in this sale to benefit those traveling through Chicago or for those who may find it inconvenient to preview at our normal times. Call for an appointment if you wish to arrange special viewing or evening viewing and we will try to accommodate you; contact Toomey & Co. Auctioneers at (708) 383-5234 in Oak Park. We extend this courtesy to all our clients but request an advance phone call to make arrangements.
ESTIMATES:
Our price estimates are purely that, an estimate, reflecting the range in which the price may fall. This should give buyers an idea of what they should bid in order to have a good chance of being successful. In some cases the price range may be wider than others, due to the uniqueness of the individual piece. Some items may have reserves. We implement them to offer items that may not have been available without them.
AUCTION INCREMENTS:
We use the following increment multiples at our auctions. When leaving absentee bids, please make sure your bids fall within the proper increments.
Auction Increments:
0-500 $25. increment
500-1000 $50. increment
1000-3000 $100. increment
3000-5000 $250. increment
5000-10,000 $500. increment
10,000-30,000 $1,000. increment
30,000-50,000 $2500. increment
50,000-100,000 $5000. increment
100,000+ $10,000. increment or auctioneer's discretion
DELIVERY / SHIPPING:
Toomey & Co. Auctioneers offers safe and economical methods for delivery and shipping of most domestic purchases. Domestic shipping estimates (not including the cost of insurance) may be obtained prior to the auction by providing us with a full shipping address and the number(s) of the lot(s) you are interested in purchasing; quote requests must be received no less than three business days prior to the auction date. All delivery and shipping quotes are for delivery to a first floor or front door. Please note that glass is removed from all paintings and prints for shipping, unless otherwise specified. All items are shipped fully insured, unless the buyer provides a signed waiver of such insurance. A buyer making his or her own shipping arrangements is required to provide an authorization/release in writing to Toomey & Co. Auctioneers regarding the release of the item(s) to such third-party shipper. Toomey & Co. Auctioneers is not responsible for any damage to items caused by shippers; all such claims must be settled between the buyer and the shipper. Delivery and shipping fees shall be payable by the buyer and are NOT refundable. Buyers requiring shipping internationally are responsible for obtaining pre-auction estimates for such service(s) and for making shipping arrangements directly with the third-party shipper. Contact the shipping department for a list of recommended shippers.
Shipping Charges are NOT refundable.
JURISDICTION:
Buyer agrees that the state and federal courts in Cook County, Illinois shall have exclusive jurisdiction over all matters arising out of buyer's purchase of items from Toomey & Co. Auctioneers and that service of process in any such proceeding shall be deemed effective if mailed to buyer at buyer's address last provided to Toomey & Co Auctioneers.
We guarantee the authenticity of every item that we sell for 30 days after the auction, except those lots listed as: "in the style of", "attributed to", "the school of", "in the manner of", or "after". We are not responsible for errors or omissions in the catalog, or in written or oral condition reports. All measurements are approximate. We make every effort to accurately describe our merchandise, but in the event that errors occur, we cannot be held responsible. It is the bidder's sole responsibility to be well informed before bidding. We sell clocks, lamps, and all electrical items only for their decorative value. They are not represented to be in working order, but they may be. Bidding in our auctions indicates that you accept these terms and any announced the day of the sale. Shipping costs are non refundable.
If you have any questions regarding the condition, we would be happy to provide an opinion of the condition, but all works are sold as viewed. If a work is in obvious need of repair, or has obvious imperfections, we will attempt to note it in the description. If a painting is excessively dirty, we will attempt to note it in the description; however, we do not feel that the normal darkening of varnish over years is problematic, and it will not be noted in the description. If you would like for us to give our opinion regarding whether or not a work needs to be cleaned, please contact us. We believe it is important for you to know the condition of a work before you bid on it. We strongly recommend that you personally inspect potential purchases before the sale, or have your representative inspect it on your behalf. If this is not possible, we urge you to call us for a detailed verbal or written condition report. This report is not a professional conservator's evaluation, but is given to the best of our opinion.
Payment
- All purchases are subject to (i) state sales tax unless the buyer is a registered reseller and has proof of such exemption (i.e., a valid tax I.D. number) or merchandise is to be shipped out of state, no exceptions, and (ii) a buyer's premium, as noted above. If you are a resident of Illinois, or are picking up your purchase, you are required to pay state sales tax unless exempted by law.
- If paying by cash or check (must be drawn on a U.S. bank), the following are required: (i) verification of identity (by providing a form of government-issued photo identification, such as a passport, identity card, or driver's license); and (ii) confirmation of permanent address.
- If paying by credit card, an additional 2% convenience fee is payable on the total of the hammer price, buyer's premium, tax (if applicable), and shipping cost (if any).
- We accept payment by cash, check (drawn on a U.S. bank), cashier's check, credit card (Visa, MasterCard, or Discover credit cards, with an additional 2% convenience fee noted above), or wire transfer ($25 fee if payment made by wire transfer).
- We reserve the right to exclude credit cards as a permitted method of payment and to require that payment be made by one of the other methods indicated above.
- Once payment has been received and cleared, merchandise purchased may be released.
LATE PAYMENT / DEFAULT:
Any payment not made within 10 days after its due date shall be considered delinquent and shall constitute a default on the part of buyer with respect to its obligations under these Terms & Conditions. In such event, Toomey & Co. Auctioneers shall be entitled at its absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to it by law): (i) to charge interest at such rate as Toomey & Co. Auctioneers shall reasonably decide; (ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (iii) to cancel the sale; (iv) to resell the property publicly or privately on such terms as Toomey & Co. Auctioneers shall deem fit; (v) to set off the outstanding amount remaining unpaid by the buyer against any amounts that Toomey & Co. Auctioneers may owe the buyer in any other transactions; (vi) to reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids; and (vii) to take such other action as Toomey & Co. Auctioneers deems necessary or appropriate.
STORAGE FEES:
Toomey & Co. Auctioneers may impose a storage fee of $5.00 per day per lot beginning on day 31 to be paid by buyer for any lot or item not collected by buyer within 30 days after the sale unless other prior arrangements have been made. Buyer agrees that Toomey & Co. Auctioneers shall have no liability for any damage to property left on its premises after such 30-day period.
Delivery to any location other than auction site carries a transportation charge.
Shipping Charges are NOT refundable.
