TERMS & CONDITIONS

TERMS & CONDITIONS

 

 

We have been involved in the auction and appraisal business for over 40 years, starting in the jewelry industry in 1977.  We have continued to gain knowledge from having to appraise and sell a wide variety of items.  We pride ourselves on researching items regarding origin, date, condition, rarity,  production, and real-time pricing.  We have handled transactions in excess of $1 million dollars.   In certain cases, we provide a history of the story behind the item which benefits both seller and buyer. 

Because technology advances at a rapid rate, we offer our clients (both buyer and seller)  new ways to conduct transactions rapidly, securely, and with much less liability and expense.  The results of our efforts allows Scott Daniels Auction to maintain a simple, low-cost, premium of just 23% for buyers and 35 % consigners/ sellers. 

 

 The bidding process is handled completely online through the Scott Daniels Auction with secure websites and on most types of devices such as personal computers, laptops, iPhones, iPads, and Android devices.  

 

We will ship within the Continental U.S. via FedEx, UPS, or USPS.

 

We accept Visa, MasterCard, Cash, and Checks from approved accounts for amounts up to $10,000. Electronic, Credit, Debit, and Charge  Transactions over $3,500 are subject to a 2.9% surcharge. Amounts over $10, 000 must be paid by certified funds; bank check, EFT, wire transfer, or other method as approved by Scott Daniels Auction.

 

We are available by phone, email, or chat 7 days a week.

 

Most items are available for viewing upon request, or scheduled preview dates.

 

INFORMATION FOR BUYERS

 

1. INTRODUCTION.

The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our auctions. We will be happy to help you if there is anything you do not fully understand.

2. AGENCY.

As auctioneers, Scott Daniels Auction always contracts as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, if you buy, your primary contract is with the seller.

3. ESTIMATES.

Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium. Estimates are prepared sometime before the sale and may be altered by announcement before the sale. They are in no sense final or definitive of the value of an item.

4. BUYER'S PREMIUM.

The Conditions of Sale oblige buyers to pay a buyer's premium at 23% on the hammer price of each lot purchased.

 

5. ITEM  DESCRIPTIONS 

 Scott Daniels Auction is, primarily, agent for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please carefully note the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor Scott Daniels Auction, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. ALL ITEMS ARE SOLD “  AS IS ‘ .  Under the following limited specified circumstance ; lots wrongly described because they are 'deliberate forgeries may be returned and repayment made. There is a three-week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale.)

 

6. ELECTRICAL GOODS.

These are sold as “ pre-owned, used, vintage, antique “  only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

 

7. EXPORT OF GOODS.

Buyers intending to export goods should ascertain (a) whether an export license is required and (b) whether there is any specific prohibition on importing goods of that character, material, origin or if the item will violate any laws of the destination state or country.  Scott Daniels Auction is not responsible for loss of goods due to import/ export restrictions.

 

8. BIDDING.

Bidders will be required to register with Scott Daniels Auction,  or it’s chosen platform before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.

 

9. COMMISSION BIDDING.

Commission bids ( also known as Left Bids, or  Proxy Bids)  , may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. Bids will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone, or email.

 

10. METHODS OF PAYMENT.

Checks tendered must be cleared before removal of the goods is permitted. Please discuss with our Accounts Office in advance of the sale if you intend to use other methods of payment or require an accommodation.

We accept Visa, MasterCard, Cash, and Checks from approved accounts for amounts up to $10,000. Electronic, Credit, Debit and Charge  Transactions over $3,500 are subject to a 2.9% surcharge. Amounts over $10, 000 must be paid by certified funds ; bank check, EFT, wire transfer or other method as approved by Scott Daniels Auction .

11. COLLECTION AND STORAGE.

Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges or the loss , forfeiture , resale, donation, or disposal of items after 60 days from sale.

11(a) FORFEITURE OF ITEMS : Any items not paid and / or not picked up during the specified pick up time in accordance with the Terms and Conditions  will be forfeited by the Buyer. Scott Daniels Auction  , at their sole discretion, may re-offer the items, resell the items, or donate them to a charity , or dispose of forfeit items as they deem appropriate. Scott Daniels Auction   reserves the right to report unpaid  storage fees on your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your registration with Scott Daniels Auction   will be revoked unless past due invoices and any additional charges are paid in full.

 

12. REAL TIME BIDDING  

Scott Daniels Auction often auctions items at  a rate of +/-  100 lots per hour. On some occasions, auction software or the Internet may not be able to keep up with the pace of the auction. We highly recommend placing a realistic absentee bid online as insurance to avoid disappointment. When bidding via an on-line platform, you agree that Scott Daniels Auction may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances.  Internet bids are not shown to us until we open the lot on the floor, we treat those bids just like real-time floor bids.  In most cases the floor responds before the internet bid is presented to us, due to Internet lag time, so for consistency, we have made it a policy that floor bids are always considered first over internet bids . Please make sure you read the Terms and Conditions before you bid.

 

CONDITIONS OF SALE

Scott Daniels Auction carries on business with bidders, buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Condition and on such other terms, conditions and notices as may be referred to herein.

 

1. DEFINITIONS

In these Conditions:

(a) "auctioneer" means Scott Daniels Auction or its authorized auctioneer, as appropriate;

(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture, or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;

(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;

(d) "terms of consignment" means the stipulated terms and rates of commission on which Scott Daniels Auction accepts instructions from sellers or their agents;

(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, and any additional charges payable by a defaulting buyer under these Conditions;

(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, cleaning, repairs, storage  and any other amounts due to us by the seller in whatever capacity and however arising;

(g) "You", "Your" etc. refer to the buyer as identified in Condition 2.

(h) The singular includes the plural and vice versa as appropriate.

 

2. BIDDING PROCEDURES AND THE BUYER

(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid.

(b) The highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion and may be resolved by re-offering the Lot during the course of the auction or otherwise as deemed fit and just by the auctioneer.  

(c) Bidders shall be deemed to act as principals.

(d) Once made, no bid may be withdrawn.

(e) Successful bidders must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page or pay for shipping. If you have any doubts about your ability to pick-up or pay shipping charges for  your auction winnings  within the designated time frame designated times, DO NOT BID. If after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact  Scott Daniels Auctions within 24 hours prior of the scheduled pick-up date.  The  Seller will determine if alternate arrangements can be made. Arrangements will be at the sole discretion of the Seller and may be subject to additional transport, labor and/or storage fees - payable directly to the Scott Daniels Auctions.

 (f)  Shipping: Any and all shipping costs are to be arranged by the buyer, including but not limited to mutual scheduling, transportation, applicable taxes or duties, insurance, and labor. SDA will be happy to assist in coordinating when needed. 

3. INCREMENTS

Bidding increments shall be at the auctioneer's sole discretion.

 

4. THE PURCHASE PRICE

The buyer shall pay the hammer price, together with a premium thereon of 23% and any  costs associated with retrieval of their item, including  shipping by carrier , freight,  USPS or customer pick -up.

 

5. PAYMENT

(1) Immediately when a Lot is sold  :

(a)   if requested buyer will provide proof of identity, and

(b) pay to Scott Daniels Auctions  the total amount due as billed in cash or in such other way as is agreed by us.

(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.

 

6. TITLE , COLLECTION or SHIPPING  OF PURCHASES

(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.

(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any check used for payment after which you shall be responsible for any removal, storage, and insurance charges.

(3) No purchase can be claimed or removed until it has been paid for.

(4) Shipping: Any and all shipping costs are to be arranged by the buyer, including but not limited to mutual scheduling, transportation, applicable taxes or duties, insurance, and labor. SDA will be happy to assist in coordinating when needed. 

7. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES

(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

(a) to proceed against you for damages for breach of contract;

(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;

(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;

(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;

(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than five working days after the sale;

(f) to retain that or any other Lot sold to you until you pay the total amount due;

(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted.

(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.

(2) Scott Daniels Auction shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.

(3) Failure to Collect any purchase for  60 days past date of sale shall constitute abandonment of your purchase. Any items not picked up during the specified pickup time in accordance with these  Terms of Sale will be forfeited by the Buyer. Scott Daniels Auction and its assigns at their sole discretion, may re-offer the items ,donate them to a charity or dispose of them as they see fit and appropriate depending on the item .

8. THIRD PARTY LIABILITY

All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly, neither the auctioneer nor their employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons  visiting prior to or at a sale.

 

9. COMMISSION BIDS

Prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot. Prospective buyers  shall be assumed to have carefully inspected and satisfied themselves as to its condition. Scott Daniels Auction, will if so, be instructed clearly and in writing to execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure of the commission bid (left bid, proxy bid). Where two or more commission bids at the same level are recorded, we reserve the right in our absolute discretion to prefer the first bid so made.

 

10. WARRANTY OF TITLE AND AVAILABILITY

The seller warrants the auctioneer and the buyer that the seller is the true owner of the property consigned or is properly authorized by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.

 

11. AGENCY

The auctioneer normally acts as an agent only and disclaims any responsibility for default by the seller or buyer.

 

12. TERMS OF SALE

The Seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.

 

13. DESCRIPTIONS AND CONDITION

(1) We seek to describe lots accurately; however, it is impractical to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers bid on the understanding that, inevitably, representations or statements by us as to authorship, authenticity, origin, date, age, provenance, condition, or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held. Subject to the foregoing neither we the auctioneer, nor our employees or agents, nor the seller accept liability for the correctness of such opinions.

   Please see exception for Deliberate Forgeries point 15 below and point  5 in "Information to Buyers".

(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer protection.

 

14. FORGERIES

(1) Deliberate Forgeries as an exception to point 14 above :  

(a) Any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects.

(b) If we are satisfied from the evidence presented that the Lot is a deliberate forgery, we shall refund the money paid by you for the Lot including any buyer's premium provided that (i) the catalog description did not reflect the accepted view of scholars and experts as at the date of sale or (ii) if you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.

 

 15. ENTRY AND PARTICIPATION

 Scott Daniels Auction shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

 

16. COMPENSATION

(1) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.

(2) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.

 

17. NOTIFICATION

Any notice to any buyer, seller, bidder, or viewer may be given by first class mail, Email or other electronic, digital written communication including direct messages and texts, in which case it shall be deemed to have been received by the addressee 48 hours after posting.

 

18. SPECIAL TERMS

Special terms may be used in catalog descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing within the catalog.

 

19. FULL FORCE AND EFFECT

Any indulgence extended to bidders, buyers, or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.

 

20. COMPLIANCE WITH ALL LAWS

Local, State and U.S.  law apply to the interpretation of these Conditions.