Selkirk Conditions of Sale
The following terms and conditions constitute the terms by which all property offered and sold through Selkirk Auctioneers & Appraisers (hereafter, "Selkirk", "us", "we"
or "our") is offered for sale. By registering to bid at auction, you agree to these terms and conditions.
I. Selkirk reserves the right to change the terms of sale at any time, as such
any changes shall be made to these Conditions of Sale.
II. All descriptions of lots whether written or oral, inclusive of condition,
creator, material, or period are a matter of opinion and no statement shall be deemed
as a guarantee or implied warranty. All lots are sold "as is". Selkirk makes no warranty
of merchantability or fitness for a particular purpose or desired use. Selkirk assumes
no liability for the failure to identify materials from endangered or protected species
or for incorrectly identifying such materials. Reference to condition written, oral or
within a condition report shall not be regarded as a full account of condition and may
not include all defects, alterations, or restorations. Absence of a condition report does
not imply a lot is flawless or lacking imperfections or damage. Additionally, we shall
not be held liable for variations of color or appearance between the actual lot and the
images depicted online or in print. Selkirk strongly advises personal physical
inspection of any lot prior to bidding. The copyright of all images, illustrations and
written material produced by or for Selkirk pertaining to a lot, including the contents
of our catalogue, is, and shall remain at all times, the property of Selkirk and shall not
be used by the buyer, nor by anyone else, without our prior written consent.
III. Estimates are placed on each lot with a low and high estimate provided
as a guide for potential buyers. These estimates are subject to revision and should not
be relied on as a guarantee of what a lot will sell for. Estimates do not include buyer's
premium.
IV. Selkirk reserves the right in its sole discretion to withdraw any lot at any
time before or during the sale and shall have no liability for this decision.
V. Unless otherwise noted, all lots offered for sale are subject to a reserve,
which is a confidential minimum price below which a lot will not be sold. Reserves are
agreed upon with the consignor of said lot or held at the absolute discretion of Selkirk.
The auctioneer may reject or rescind any acceptance of a bid that does not meet this
reserve and may withdraw the lot from the sale.
VI. Selkirk reserves the right at our discretion to refuse any bid, be it
absentee, phone, live or online. Requests for phone bids will not be accepted after
the auction start time nor for items with a low estimate of $100 or lower.
VII. The auctioneer may at his/her discretion: (a) accept or refuse any bid; (b)
withdraw any lot from the auction; (c) admit a new bidder or remove a bidder from
the auction; (d) reopen or continue the bidding even after the hammer has fallen; (e)
divide or combine lots; (f) alter bidding increments.
VIII. Selkirk partners with third party online bidding platforms which collect
their own fees and have their own rules and regulations for registration and bidding.
Selkirk has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of these bidding platforms. Bidders choosing to bid through a
third-party bidding platform, cannot hold Selkirk liable for any special, incidental, or
consequential damages or loss that results from the use of, or inability to use, these
bidding platforms. Bidders are encouraged to resolve their dealings with third party
bidding platforms directly with such bidding platforms.
IX. Selkirk may videotape and/or audio record the auction proceedings at
any given auction. While we will exercise confidentiality in regard to any personal
information, please be aware of this when choosing to bid with us live in house.
Buyer's Responsibility
X. The highest bidder acknowledged by the auctioneer at the close of any
offered lot assumes ownership and full risk and responsibility for the property sold. A
bidder is agreeing to accept all personal liability to pay the full purchase price inclusive
of buyer's premium and any taxes or associated fees upon the act of placing a bid
with Selkirk. Payment must be made immediately following the auction. No lot may
leave Selkirk's premises until payment has been received in full.
Selkirk accepts payment in the form of cash, check, credit, or bank transfer. Payment
is required within five (5) business days of the auction. Payments by check or credit
card must be accompanied by valid identification. The purchaser agrees to pay Selkirk
a fee of $50 for any returned checks. Credit card payments will be accepted strictly
with a signed credit card authorization form. Selkirk reserves the right to hold any
purchases until payments by check or credit have cleared. Any purchases greater than
$50,000 USD must be paid for by wire or ACH transfer. Payments of this nature are
subject to a $25 additional fee. Please contact our office for bank transfer details.
A buyer's premium will be added to the hammer price and is payable by the buyer
as part of the total purchase price. Buyer's Premium is 20% of the hammer price up
to and including $2.5 million, and 12.5% Buyer's Premium in excess of $2.5 million.
Any bidder bidding through a third-party platform agrees to pay associated fees in
addition to the buyer's premium.
Unless exempt by law, the buyer will be required to pay all applicable sales or use
tax. A tax exemption form must be provided to Selkirk in advance of payment for
sales tax to be removed from an invoice.
If the buyer fails to make payment within ten (10) business days of the sale, without
prior arrangements, Selkirk reserves the right to charge the credit card on file. Selkirk
may also in our sole discretion exercise one or more other remedies, including but
not limited to: (i) reject future bidding, (ii) charge interest of 2% per day on the total
purchase price on any balance remaining, (iii) with thirty (30) days' notice, resell the
lot, or sell any property belonging to the buyer that remains in Selkirk's possession
and apply the proceeds to the amount owed, with understanding that if the lot sells
at a price lower than that which is owed, the buyer will still be held liable for the
remaining portion, (iv) bring legal proceedings against you to recover the balance
owed in addition to any other loss, interest and legal fees or (v) take any other such
action as we deem to be necessary or appropriate.
Any disputes a buyer may have regarding a purchase must be submitted to Selkirk in
writing within thirty (30) days of the sale date.
XI. Shipment is the full responsibility of the buyer. Selkirk will not be
responsible for any loss, damage, theft, or otherwise responsible for any items left in
Selkirk's possession fifteen (15) days after the sale. If arrangements for shipping have
not been made and communicated within thirty (30) days, Selkirk reserves the right,
at this time, to charge a storage fee of $10 per lot per day for furniture and large
format items and $5 per lot per day for all other items, and within sixty (60) days, at
its own discretion, sell any items left on the premises. Accumulated fees resulting from
storage and insurance cost will be taken out of any proceeds.
Objects that contain materials of endangered or protected species may be subject to
regulations disallowing export and import into other states or countries. It is the
buyer's responsibility to be aware of all applicable laws and regulations and to obtain
any required export or import licenses or certificates and any other
required documentation.
XII. Selkirk reserves the right, but not the obligation, to rescind a sale without
notice to the buyer if there is a reasonable indication of a material breach of the
seller's representations and warranties or an adverse claim is made by a third party. At
such time, a refund will be issued, and the buyer will be required to return the item.
XIII. These Conditions of Sale shall be governed by and construed, interpreted,
applied and enforced in accordance with the domestic laws of the State of Missouri.
No claimed modification or amendment of this Agreement on the part of any party
shall be deemed extant, enforceable or provable unless it is in writing that has been
signed by the parties to this Agreement. No course of dealing and no delay or
omission on the part of Selkirk in exercising any right under this Agreement shall be
considered a waiver of such right or any other right and waiver on any one or more
occasions shall not be construed as a bar to or waiver of any right or remedy of
Selkirk's on any future occasion.
Shipping Terms
Shipment is the full responsibility of the buyer. Selkirk will provide a list of third-party shippers at time of invoice. Selkirk will not be
responsible for any loss, damage, theft, or otherwise responsible for any items left in
Selkirk's possession fifteen (15) days after the sale. If arrangements for shipping have
not been made and communicated within thirty (30) days, Selkirk reserves the right,
at this time, to charge a storage fee of $10 per lot per day for furniture and large
format items and $5 per lot per day for all other items, and within sixty (60) days, at
its own discretion, sell any items left on the premises. Accumulated fees resulting from
storage and insurance cost will be taken out of any proceeds.
Objects that contain materials of endangered or protected species may be subject to
regulations disallowing export and import into other states or countries. It is the
buyer's responsibility to be aware of all applicable laws and regulations and to obtain
any required export or import licenses or certificates and any other
required documentation.
Selkirk Condition Report Policy
All descriptions of lots whether written or oral, inclusive of condition,
creator, material, or period are a matter of opinion and no statement shall be deemed
as a guarantee or implied warranty. All lots are sold "as is". Selkirk makes no warranty
of merchantability or fitness for a particular purpose or desired use. Selkirk assumes
no liability for the failure to identify materials from endangered or protected species
or for incorrectly identifying such materials. Reference to condition written, oral or
within a condition report shall not be regarded as a full account of condition and may
not include all defects, alterations, or restorations. Absence of a condition report does
not imply a lot is flawless or lacking imperfections or damage. Additionally, we shall
not be held liable for variations of color or appearance between the actual lot and the
images depicted online or in print. Selkirk strongly advises personal physical
inspection of any lot prior to bidding. The copyright of all images, illustrations and
written material produced by or for Selkirk pertaining to a lot, including the contents
of our catalogue, is, and shall remain at all times, the property of Selkirk and shall not
be used by the buyer, nor by anyone else, without our prior written consent.
