Auction Terms & Conditions
TERMS AND CONDITIONS OF SALE
Condition Reports are provided as a courtesy and are not guaranteed. We have attempted to point out any defects; however, the absence or inclusion of a condition statement does not imply that a lot is free from imperfections. Items are available for inspection at the gallery on Friday, January 18th and Saturday, January 19th, noon to 4 pm each day and by appointment.
All bidding is online or by absentee bid.
Fairfield Auction is an established regional auction house with over $60,000,000 in sales over the past 19 years. We value the trust put in us by both buyers and sellers.
Bids may or may not be accepted by the auctioneer. THE FINAL BID FOR EACH ITEM SHALL BE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. The actual buyer and final bid shall be as recorded by the auctioneer. By registering for this auction bidder agrees that Fairfield Auction shall be held harmless for any and all damages as a result of a clerking error.
1. All condition reports are to the best of our ability BUT ARE NOT GUARANTEED. Buyers are encouraged to inspect the merchandise in person during the auction preview times. THE ABSENCE OF A CONDITION REPORT DOES NOT IMPLY THE LOT IS WITHOUT DEFECTS. Though all description and commentary are believed to be correct, neither Auctioneer nor Consignor makes any warranties or representations of any kind with respect to merchandise with the exception of the catalog description which shall be honored with respect to age and origin and authorship of artworks, and only to the extent that any such errors in the catalog description materially affect the value of such item. Any refunds made based on condition problems will be made when the problem is deemed very significant AND reported within 14 days of sale- NO EXCEPTIONS. ALL REQUESTS FOR IMAGES AND CONDITION REPORTS SHOULD BE MADE AT LEAST 48 HOURS AHEAD OF SALE. We have provided condition reports for the vast majority of lots. If you require further information please make a specific request by email and we will respond by updating the LIVEAUCTIONEERS condition report- so please check there for your response. Requests that are too general won't be answered when a condition report is already online. Requests for "more images" without specific requests won't be honored. We generally provide only overall condition reports on group lots. Framed artworks are not inspected out of the frame unless so indicated. Works on paper may have issues not visible if they haven't been inspected out of frame. We are not able to make page counts on books- condition for books is overall and only based on a quick inspection. We are not qualified to make full condition reports on certain specialized items, such as musical instruments, vehicles or mechanical antiques so those reports will be cursory. Buyer shall not rely on the Auctioneer, employees, or advertisements in any part, and must rely only on the catalog description and his own inspection and opinion of all items. Some items may contain hazardous materials such as mercury (barometers) or lead. CATALOG DESCRIPTIONS MAY BE REVISED UP TO THE TIME OF SALE.
Our description of a lot as EXCELLENT means we found no damage or unusual wear- it does not mean flawless. A description of VERY GOOD indicates showing general normal wear from use- but no major defects. GOOD is something with considerable wear from use, but still presentable. FAIR is a highly worn and used object showing numerous defects. POOR is a "place holder" object that has serious condition issues.
Warranty is limited to AGE, GENERAL ORIGIN, AND AUTHORSHIP OF ARTWORKS. Additional description reflects our best opinion. All sizes and other measurements are approximate. Gemstones have not been lab tested unless stated as such. Any and all claims made to Fairfield Auction or consignor regarding age, authenticity, origin, rarity, provenance, size, or other aspects of description must be made within 10 days of the auction date and in writing. IF ITEM IS BEING SHIPPED, IT IS THE BUYERS RESPONSIBILITY TO ENSURE RECEIPT OF ITEM IN TIME TO ACT ON WARRANTY SHOULD THERE BE AN ISSUE. Our warranty is limited to the selling price and to errors that are substantial to value and not already apparent in images provided. Claims must be made against the final catalog as revised by any addendum or auctioneer announcements. Claims may not be made against advertisements, website descriptions, or the preliminary catalog offered on our website. Items described as "possibly", "probably", "manner of", "style of" or "attributed to" are not guaranteed, but represent our best opinion. No guarantees are made as to condition.
2. The Auctioneer is acting as agent only and is not responsible for acts of its principals. If any dispute arises, the Auctioneer's word is final.
3. Where the Consignor is indebted to or has a monetary guarantee from Fairfield Auction, and in certain other instances, Auctioneer may have an interest in the offered lots and the proceeds there from other than its commissions, and may bid therefore to protect its own interests. Auctioneer reserves the right to withdraw any lots from the sale or cancel a sale at the Auctioneer's discretion at any time until payment is accepted from buyer. BUYER AGREES TO HOLD AUCTIONEER HARMLESS FOR WITHDRAWAL OR CANCELLATION OF SALE. The Auctioneer reserves the right to reject any bid or eject any person from the premises.
5. Loading and packing materials are the responsibility of the buyer. Fairfield Auction may offer assistance, Fairfield Auction and its employees shall not be held liable for any damages or accidents that may result from handling, lifting, moving, loading and packing of purchases.
PAYING IN PERSON:
We accept approved checks or cash. Visa and MasterCard are accepted IN PERSON ONLY with photo id matching card. (NO EXCEPTIONS).
SENDING IN PAYMENT (within the USA):
Payment is due by check and all payment should be mailed to: Fairfield Auction, P.O. Box 783, Newtown, CT 06470. We do not accept credit cards over the phone. We can also provide bank wiring instructions if you would like to expedite shipping.
PAYMENT FOR INTERNATIONAL BUYERS:
Payment is due by bank wire. We will provide you with the bank wiring instructions when your invoice is emailed to you.
Payment must be paid in full within 7 days of the auction, otherwise Auctioneer may resell merchandise at public or private sale and retain 20% deposit as liquidated damages. Auctioneer may, at his discretion, hold purchases until check clears.
7. A buyer' premium of 20% is added to the price knocked down by the Auctioneer. If you are the successful bidder on a lot at $100, your invoice will include a buyer's premium of $20 for a total of $120. Sales tax is applied as directed by the state of Connecticut.
ABSENTEE /ONLINE BIDS
Fairfield Auction shall not be held responsible or liable for bids that are missed or otherwise not executed. Auctioneer accepts bids at his/her discretion.
10. Removal shall be at the expense, liability and risk of the purchaser. All arrangements for removal must be at convenience of Fairfield Auction. We can suggest names and phone numbers of appropriate firms to assist with delivery. If arrangements can't be made within 20 days of sale, items may be removed and stored at the expense and risk of the buyer. After 20 days, a storage fee of $50 per lot plus $5 per day thereafter shall be charged. After 90 days, items shall be deemed abandoned. Auctioneer shall apply any deposit or payment to loss, damages, and expenses incurred in the storage and resale of goods not paid for in full or removed in the time specified and shall retain any balance as liquidated damages. All items sold AS IS, WHERE IS. ALL SALES FINAL.
We may offer shipping on some smaller items, but most items must be shipped by a third party. If we can offer shipping we will include that offer with your invoice.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.