Terms & Conditions of Sale
- IMPORTANT NOTE REGARDING ONLINE BIDDING -
Please place a bid only if you are serious about buying the item. IF YOU ARE THE SUCCESSFUL AND WINNING BIDDER, YOU HAVE ENTERED INTO A LEGALLY BINDING CONTRACT TO PURCHASE THE PROPERTY FROM THE SELLER. You should contact Butterscotch Auction Gallery, LLC (914-764-4609, info@butterscotchauction.com) to resolve any questions before bidding.
Bidding Approval: unless a bidder has a long, steady history of successful bidding with other reputable auction houses, we reserve the right to request credit card information as a means of protection against fraudulent bidding.
Absentee bids left online are not the same as bids left with the auction house directly. They are executed from a proxy computer terminal in the room against other internet bidders. Other competitive bids include bidders on the telephone, in the room, and bids left directly with the auctioneer. Online bidding does not provide the ability for auction houses to knowingly incorporate left bids from the web with those left directly with the auction staff.
In the event of a tie bid, the auctioneer has sole discretion to award the lot to a bidder of his or her choice. In such an instance we automatically favor a bidder who is in the room. We therefore highly recommend attending the auction in person if you have a serious, vested interest in purchasing an item at the sale. We do not guarantee the proper execution of bids received online.
The auctioneer (Butterscotch Auction Gallery, LLC) at its discretion reserves the right to refuse participation in this auction by any bidder, whether on premises, participating online, by telephone, or through absentee bid. Butterscotch Auction Gallery, LLC reserves the right not to accept bids via internet bidding for lots of high value. If you intend on bidding on high value lots (those with estimated values above $15,000), please contact us via phone or email. Please note that bidder registrations may not be approved during the course of the sale.
Items left in our storage facility after 30 days from the sale are subject to a 10$ per lot per day storage fee.
- Butterscotch Auction Gallery, LLC | Terms & Conditions -
1. All property is sold 'as is,' and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period culture, source, origin or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
2. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Butterscotch Auction Gallery, LLC below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Butterscotch Auction Gallery, LLC will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
3. Except as provided in paragraph 2 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. Any bidder that plans on spending in excess of $100,000 is advised to make arrangements with the accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate.
4. All merchandise purchase must be paid for and removed from the premises within two weeks of the sale date. Butterscotch Auction Gallery, LLC may impose, and the purchaser agrees to pay, a monthly interest charge of 3% of the purchase price of any lot or item lot not paid for within thirty (30) days of the date of sale.
5. Butterscotch Auction Gallery, LLC may, at their discretion, offer a 3% discount to bidders who pay in cash, certified check, or wire transfer. Personal checks will only be acceptable if credit has been established with Butterscotch Auction Gallery, LLC or if a bank authorization has been received guaranteeing a personal check. Butterscotch Auction Gallery, LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Butterscotch Auction Gallery, LLC a handling charge of $35 for any check dishonored by the drawee.
6. Butterscotch Auction Gallery, LLC may, at their discretion, accept payment via Visa, Master, or Discover credit cards for invoices totaling under $5,000. Butterscotch Auction Gallery, LLC will only accept cards in person with identification, and will not accept credit cards over the phone, via email, facsimile, or from international clients. Butterscotch Auction Gallery, LLC may deny any request to pay via credit card.
6a. Butterscotch Auction Gallery, LLC may require credit card information to be provided by any person wishing to bid via telephone,
absentee, or internet. In the event the purchaser does not provide payment to Butterscotch Auction Gallery, LLC within ten (10) business days from the date of sale, Butterscotch Auction Gallery, LLC may charge the card provided for the full amount owed by the purchaser plus the highest advertised premium.
7. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which is was the highest successful bidder, Butterscotch Auction Gallery, LLC may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser?s breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
8. In no event will the liability of Butterscotch Auction Gallery, LLC to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
9. Shipping is the responsibility of the purchaser. Upon request, our staff will provide a list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing exports from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9a. Unless prior arrangements have been made, any item(s) left with Butterscotch Auction Gallery, LLC for more than thirty (30) calendar days following the date of sale shall be subject to a $10.00 per lot per day storage fee.
9b. Unless prior arrangements have been made, any item(s) left with Butterscotch Auction Gallery, LLC more than ninety (90) calendar days after the auction shall be considered abandoned and will be resold at auction to off-set storage fees. Butterscotch Auction Gallery, LLC is not obligated to notify the winning bidder that the abandoned item(s) will be resold at auction.
10. All purchases made in state are subject to a New York State Sales Tax of 7.375% unless the purchaser possesses a valid NYS tax exemption number. Exemption numbers from other states are acceptable as long as they are accompanied by a business card or letter head. Dealers, museums, and other qualifying parties can apply for a NYS exemption number prior to the auction by contacting the NYS Tax Department, Sales Tax Exempt Organizations Unit, W A Harriman Campus, Albany, NY 12227
11. Except for property purchased online via Liveauctioneers or Invaluable, a premium equal to 23% of the final bid price will be applied to each lot sold, to be paid by the buyer as part of the purchase price. The buyer's premium on property purchased via Liveauctioneers or Invaluable will be in the amount of 26% of the final bid price.
12. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of the sale whether bidding in person, through a representative, by phone, by internet, or other absentee bid.
13. Butterscotch Auction Gallery, LLC and its consignors make no warranty or representation, expressed or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Butterscotch Auction Gallery, LLC expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyrights in all images, illustrations and written material produced by or for Butterscotch Auction Gallery, LLC relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Butterscotch Auction Gallery, LLC and shall not be used by the purchaser, nor by anyone else, without prior written consent.
14. These conditions of sale shall be governed by the laws of the State of New York. The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Butterscotch Auction Gallery, LLC in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of New York or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
