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Governing - Online
Bidding - Invaluable Bidding
- General
Governing Terms and
Conditions
By choosing the “Accept”
box, you agree to all terms and conditions and other provisions
presented below, as modified or supplemented by other provisions
of: (a) the Catalogue, (b) in written supplements to the catalogue
or other written material prepared by Sloans & Kenyon,
(c) in notices posted by Sloans & Kenyon, and (d) in announcements
made by the auctioneer, prior to or at the time of the sale(collectively
referred to as "Terms and Conditions").
You also agree to accept all of these conditions and provisions
without change. These Terms and Conditions encompass all aspects
of bidding and buying at our sales, regardless of the venue,
that is, in-person, absentee, telephone or Internet. You should
be aware of those provisions that apply to the venue that
you are using.
Online Bidding Terms and Conditions
This section presents the terms and conditions that govern
online bidding with Sloans & Kenyon. Online bidding (also
referred to as “Internet bidding”) is made available
by Sloans & Kenyon Auctioneers and Appraisers (also referred to as “Sloans
& Kenyon”, “we”, “us” or
“our”) as an alternative to telephone or other
absentee bidding to accommodate bidders who choose not to
personally attend auction sales. Sloans & Kenyon will
not be liable for malfunctions, errors or omissions (hardware,
software, electronic, human or otherwise), whether or not
due to Sloans and Kenyon’s fault or negligence, resulting
in the inaccurate transmittal of bids, the failure to execute
bids or any other irregularity.
1. Registration and Personal Identification Numbers
(PIN)
You must register to bid online with Sloans & Kenyon.
To register, you must use your real name, address, telephone
number and e-mail address. You must also truthfully provide
all of the other information requested for registration. Only
those who have made acceptable payment arrangements for purchases,
via approved credit card or other secured method, will be
permitted to register.
When you register on the Sloans & Kenyon site, www.sloansandkenyon.com,
you will receive a PIN number that allows you to perform various
activities, such as placing bids and searching catalogues.
You may also be required to register on other sites to participate
in certain types of online bidding with us. Contact the Sloans
& Kenyon Business Office at (301) 634-2330 for more information.
2. Verification and Credit Information
You hereby authorize Sloans & Kenyon to communicate
registration information to third parties and to obtain information
from third parties to confirm the accuracy of information
that you have supplied. You also authorize Sloans & Kenyon
to obtain credit card, credit and financial information about
you (and your spouse, if you reside in a community property
state), including requests by us for authentication, credit
limits, credit history and other financial information.
3. Changes in Terms and Conditions
Please note that the information in the catalogue may be
changed prior to or during the auction sale, by (i) written
addenda to the catalogue, (ii) postings at the physical site
of the sale, or (iii) auctioneer announcements. Information
on this site may also change in the future and changes will
be effective immediately. Therefore you should review the
information carefully each time you logon for online bidding
by selecting 'Terms and Conditions' from the site navigation
menu. Revised information will become part of the Terms and
Conditions for the auction and will be binding, whether or
not you are aware of changes. It is your responsibility to
ensure that you are bidding with the most current auction
information and terms. By bidding online, you agree to accept
these responsibilities. Please carefully read the Terms and
Conditions and all other information contained in this site.
4. Intellectual Property Rights and Limited License
to Use
Please note that the information in the catalogue may be changed
prior to or during the auction sale, by (i) written addenda
to the catalogue, (ii) postings at the physical site of the
sale, or (iii) auctioneer announcements. Information on this
site may also change in the future and changes will be effective
immediately. Therefore you should review the information carefully
each time you logon for online bidding by selecting 'Terms
and Conditions' from the site navigation menu. Revised information
will become part of the Terms and Conditions for the auction
and will be binding, whether or not you are aware of changes.
It is your responsibility to ensure that you are bidding with
the most current auction information and terms. By bidding
online, you agree to accept these responsibilities. Please
carefully read the Terms and Conditions and all other information
contained in this site.
5. Eligibility for Bidding Online
Only persons who are legally permitted under applicable
law to enter into contracts and participate in online auctions
are allowed to access and use this site. Minors and other
persons prohibited under their state laws to enter into legally
binding contracts or participate in online auctions, may not
bid or use this site.
6. Termination of Online Bidding
Sloans & Kenyon shall have complete discretion, without
liability, to refuse to accept any online bid or terminate
online bidding for any bidder for any reason and at any time,
prior to or during an auction. In addition, Sloans & Kenyon
shall have the right to investigate the credit of any online
bidder or the use of a credit card or other payment arrangement
by any online bidder, and shall have the right to cancel any
sale or require additional assurance of payment if, in Sloans
& Kenyon’s good faith judgment, there appears to
be reasonable grounds to do so.
7. Fraudulent Conduct
You agree at all times to comply with applicable laws. You
are not permitted to register under a false name, use another
person's name or password, give false information or supply
false credit information. Appropriate law enforcement agencies
may be notified of conduct that is believed to be a violation
of state or federal law. Sloans & Kenyon will cooperate
with law enforcement investigations to ensure that those violating
state or federal laws are prosecuted to the fullest extent
of the law.
8. Privacy Policy
We are committed to protecting your privacy and to giving
you a choice about how the personal information we collect
is used. The types of personal information collected on these
pages include: Name, Address, Email address, Telephone number,
Username, PIN, Credit/Debit Card Information, Notification
Preferences (opt-in email notifications)
9. The Way We Use Information
We use the information you provide when you are placing
a bid, ordering a catalogue, or requesting information or
services to complete your request. We do not share this information
with outside parties except to the extent necessary to complete
those activities. We use return email addresses to notify
you about matters related to your transactions with Sloans
& Kenyon and/or to keep you informed of upcoming events
if you choose. Such addresses are not shared with outside
parties. We use non-identifying and aggregate information
to better design our website and to share with advertisers.
For example, we may tell an advertiser that X number of individuals
visited a certain area on our website, or that Y number of
men and Z number of women filled out our registration form,
but we will not disclose anything that could be used to identify
those individuals.
10. Our Commitment to Data Security
In order to protect and preserve the security of the data
we collect we have established procedures to safeguard the
information collected throughout this website. To protect
your security, we will also take reasonable steps to verify
your identify before granting access or making corrections.
11. How You Can Access or Correct Your Information
On request, Sloans & Kenyon will furnish a copy of all
the information we maintain on you as a registered user. We
will revise the information per your instructions. If you
wish to review your information, please call the Business
Office or email info@sloansandkenyon.com.
12. How to Contact Us
Should you have other questions or concerns about these
privacy policies, please call us at (301) 634-2330 or send
us an email to info@sloansandkenyon.com.
Terms and Conditions for Invaluable Live!
We have augmented our standard Online Bidding Terms and Conditions for bidders using Invaluable. This service allows bidders to enter bids “live,” that is, as property is offered for sale, just as if they were present in the auction gallery. See
www.Invaluable.com
and at www.Invaluable.com/LiveAuctions
for more information.
1. Controlling Conditions
Sloans & Kenyon Terms & Conditions define and control the relationship with our customers, despite the bidding venue or method they employ. In the case of any conflicts between our Terms and Conditions and those of Invaluable Live! or any other online bidding service or venue, our Terms and Conditions control.
2. Registration
Bidders must first register with Invaluable Live! to participate in live bidding with us. Visit
www.Invaluable.com
and at www.Invaluable.com/LiveAuctions
3. Differences with “Core” Invaluable Practice
Certain provisions of “core” Invaluable do not apply
for Sloans & Kenyon online bidding and auctions. Bidders
do not have the right to withdraw a bid after it has been
accepted as the winning bid. Moreover, a bidder does not have
one hour, as elsewhere on Invaluable, to withdraw a bid, whether
unintended, errant or otherwise. Online bidders have the same
limited right of rescission as bidders in any other venue.
See below for more information on rescinding bids.
4. Right of Rescission
Online bidders are assumed to have the same access to information
about items for sale as other bidders, including those who
participate in person. Sloans & Kenyon has no responsibility
to refund your bid or renegotiate bid price after you have
received and inspected the property, unless the specific tests
for bid rescission as defined below are met.
5. Notification of Winning Bidders
Successful online bidders receive an automatic notification
from Invaluable. Sloans & Kenyon will send a confirming e-mail
within 48 hours after the end of the auction (or session)
to the winning bidder confirming the bid price, buyer’s
premium and any relevant information and requesting information
on a payment method or instrument, such as credit card.
6. Packaging and Shipping
Winning bidders are responsible for arranging packaging,
shipping and all associated costs. In our confirming e-mail,
we will provide a list of recommended packers and shippers.
The bidder is free to use any of these firms or to select
another. Sloans & Kenyon assumes no liability for the
bidder’s selection of a shipper or the shipper’s
performance.
7. Bid Increments
Bid increments may be changed at any time at the auctioneer’s
discretion. In some cases, these increments may not reflect
those pre-programmed into the online bidding system. As always,
the auctioneer’s decisions are final.
8. Changes to Online Catalogue
The online catalog may not reflect the actual sequence of
the auction or the lots to be presented. In some cases, the
online catalog cannot be modified to accommodate last minute
changes, such as withdrawal of an item, a revised description
or estimates. Sloans & Kenyon will make every effort to
alert online bidders of such changes at the time the lot is
presented (or not, in the case of withdrawal), but we do not
guarantee that we can do so in every case and assume no liability
if we cannot.
9. Additional Invaluable Live Auctions Buyer’s
Premium
Purchasers using Invaluable Live Auctions are charged an additional premium of 5% of the hammer price.
General Terms and Conditions
This section presents the conditions that apply to all Sloans
& Kenyon auction sales, regardless of type of auction,
venue or sales method.
1. General
Conditions of Sale. The offering and sale of property
by Sloans & Kenyon is subject to the following Conditions
of Sale, as modified or supplemented by other provisions of:
(a) the Catalogue, (b) in written supplements to this catalogue
or other written material prepared by Sloans & Kenyon,
(c) in notices posted by Sloans & Kenyon, and (d) in announcements
made by the auctioneer, prior to or at the time of the sale,
which together comprise the Terms and Conditions.
Agent for Sale of Property. Unless otherwise stated,
Sloans & Kenyon is acting only as an agent for the consignor
of property offered for sale, at auction or otherwise, in
this catalogue (the “Property”). The consignor
may either be the seller of the Property or an agent for the
seller.
Property Sold by Lot. Property is sold by lot and
all bids are per lot as numbered in the catalogue.
Agreement of Bidders and Purchasers. By bidding or
buying at a sale, whether in person, through a representative,
by written bid, online bid, telephone bid or other absentee
bid, all bidders and purchasers agree to be bound by the Terms
and Conditions.
2. Disclaimers Concerning the Property
As-Is. The consignor warrants good title to the
purchaser. Sloans & Kenyon makes no independent warranty
of title. All Property is sold AS-IS, and all warranties,
express or implied, including without limitation, the implied
warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE
SPECIFICALLY DISCLAIMED BY SLOANS & KENYON AND THE CONSIGNOR.
Sloans & Kenyon also disclaims all warranties arising
from course of dealing and usage in the trade.
Descriptive Information. To the greatest extent
permitted by applicable law, neither Sloans & Kenyon nor
the consignor makes any representation or warranty with respect
to the correctness or completeness of information about the
Property, such as but not limited to the characteristics of
age, condition, size, authenticity, genuineness, attribution,
origin, quality, quantity, value, medium, material, period,
culture, rarity, importance, provenance, exhibitions, literature
or historical relevance of the Property. Neither Sloans &
Kenyon nor the consignor shall be liable, for damages or otherwise
with respect to incorrect or incomplete information, except
to the extent provided for in Paragraph 11 below.
Communications Not Intended as Binding. No information
or statement communicated, at any time, to bidders or buyers
by Sloans & Kenyon (or its directors, officers, employees,
agents or representatives), orally or in writing, shall be
deemed a legally binding representation or warranty (or assumption
of liability) with respect to any of the above mentioned characteristics
or other information about the Property, unless a specific
law requires otherwise.
Inspection of Property. The Property is exhibited
for inspection by bidders prior to the sale. It is the bidder’s
sole responsibility to be fully satisfied about the characteristics
and condition of the Property, including matters relating
to any restoration, repair or alteration of the Property.
If a bidder or bidder’s agent (not a Sloans & Kenyon
employee or representative) has not examined the Property,
Sloans & Kenyon recommends that bidder make no bid on
the Property.
Intellectual Property Rights.
No representation, express or implied, is made by Sloans &
Kenyon or the consignor as to whether or not a purchaser will
acquire any reproduction rights, copyrights or other intellectual
property rights in, or with respect to, the Property.
3. Sale to the Highest Bidder and Auctioneer’s
Determinations Final
Highest Bidder. Bidders are competing against other
bidders who may be present in person at an auction or bidding
by telephone, online or by other forms of absentee bids. A
lot will be sold to the highest bidder as determined in the
sole and exclusive judgment of the auctioneer.
Decision of Auctioneer Final. The auctioneer will
also have the sole and exclusive power and authority, without
liability, to (a) resolve any disputes between bidders, (b)
determine whether to pass or re-offer any lot for sale, (c)
reject or challenge any bid or advance in the bidding, or
(d) otherwise regulate the bidding and its increments. If
the auctioneer receives more than one bid of the same value,
only the first received will be accepted.
Sloans & Kenyon assumes no liability for the auctioneer’s
discretionary decisions.
“Auctioneer” as used in these Terms and Conditions
means an employee or representative of Sloans & Kenyon
duly licensed as an auctioneer or otherwise authorized by
Sloans & Kenyon to conduct an auction.
4. Buyer’s Premium and Purchase Price
Buyer’s Premium. All bidding at auction and purchases will be in U. S. Dollars. A buyer's premium of 22% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction.
Online Buyer’s Premium. Sloans & Kenyon
reserves the right to charge an additional premium, as a percentage of the hammer price, for online purchases. See "Terms and Conditions for Invaluable Live!," paragraph 9.
Purchase Price and Taxes. Upon the announcement by the auctioneer of the successful bidder, the purchaser will be responsible to pay the amount of the successful bid price, the buyer’s premium, applicable taxes and other charges provided for in the Terms and Conditions. Applicable taxes shall include sales, use, excise, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from certain taxes for U.S. dealers. Foreign dealers should contact Sloans & Kenyon accounting office concerning all tax matters. Sloans & Kenyon will not release purchased lots until all tax requirements are satisfied.
5. Reserves
All lots offered are subject to a reserve, although reserves
may not be set for some lots, at the sole discretion of Sloans
& Kenyon. A reserve is the confidential minimum price
established between Sloans & Kenyon and the consignor.
The reserve is generally set at a percentage of the low estimate
of the lot and will not exceed, in any case, the low estimate
of the lot. Reserves do not include the buyer’s premium,
any applicable taxes or other charges. Sloans & Kenyon
prohibits consignors from bidding on their own property. The
auctioneer may implement the reserve by bidding on behalf
of the consignor at the auction. The auctioneer may open the
bidding on any lot by placing a bid on behalf of the consignor
and may continue bidding for the consignor by placing responsive
or consecutive bids, but only up to the reserve. If bids on
a lot fail to reach the reserve, the lot will be bought-in
and withdrawn from sale. If Sloans & Kenyon has an interest
in the lot, Sloans & Kenyon may bid up to the reserve
to protect that interest.
6. Estimates
Low and high estimates are given for each lot. The estimates
are merely guides for bidders and represent Sloans & Kenyon’s
opinion of the price a lot might bring at auction. Estimates
are based, where possible, on prices that similar items have
sold for in the past. The estimates are determined prior to
the sale and are subject to revision to reflect changing market
conditions. Estimates should not be relied on as a representation
or prediction of the actual price a lot will be sold for.
Actual selling prices could be significantly different from
estimates. Sloans & Kenyon will not be liable if the actual
selling price is different from the estimate. Estimates do
not include the buyer’s premium, any applicable taxes
or other charges.
7. Withdrawal of Property from Sale
Sloans & Kenyon reserves the right to withdraw Property
from sale for any reason and with no liability whatsoever
for such withdrawal. If the auctioneer decides that any opening
bid is below the reserve of the Property offered, the auctioneer
may reject the bid and withdraw the Property from sale.
8. Payment, Collection and Shipping Responsibilities
of Purchaser
Successful Purchaser Obligations. On the fall of
the auctioneer’s hammer or other acknowledgment of a
successful bidder on a lot, title to the Property in that
lot will pass to the successful bidder who thereupon assumes
full risk and responsibility for the purchased Property (including
costs and expenses of handling, shipping, insurance, taxes,
export and otherwise).
9. Methods of Payment and Fees
Acceptable Methods of Payment. A purchaser may use one or more of
the following methods of payment: cash, valid and approved
credit or debit charge cards, wire transfers and personal
checks. Sloans & Kenyon reserves the right to hold
Property purchased by check until the check has cleared. To
ensure that delivery is not delayed, new bidders should supply
Sloans & Kenyon with bank or suitable credit references
before the sale. Sloans & Kenyon will charge a fee of
$35.00 for any dishonored check. Sloans & Kenyon shall not
be liable for damage to lots remaining at Sloans &
Kenyon's facilities after 10 business days following a
sale.
Offsite
Storage Information for Sold Property. Please note that
all lots listed in the beginning of the printed catalog are
subject to Sloans and Kenyon’s new offsite storage policy. For
the convenience of the winning bidder of one or more of these
lots, all purchases remaining in Sloans & Kenyon's possession will be transferred to Navis Pack & Ship, an offsite storage
facility ten (10) business days after the conclusion of the
auction. Please read the Conditions of Sale regarding the
removal of sold lots.
Navis Pack and Ship, Sloans and
Kenyon’s storage and logistics partner, specializes in
packaging, crating and shipping.
As a service to Sloans
& Kenyon clients, Navis provides two days of complimentary
storage at their facility.
1.
Buyers will be expected to pick up all property from Sloans
and Kenyon ten business days after the conclusion of the auction.
2. On the eleventh business day,
all uncollected items listed in Section 9 of the printed catalogue will be
transferred to Navis Pack & Ship located at 1587 Sulphur
Spring Road, Suite 107, Baltimore MD, 21227. SUCH ITEMS SHALL
BE SUBJECT TO THE NAVIS TERMS AND CONDITIONS, WHICH CAN BE
VIEWED AT http://www.navisbwi.com/storage.aspx.
Please call 410- 737-8020 24 hours in advance to arrange pick
up of your property from Navis.
3.
Clients will have two days of free storage to retrieve their
property or to make arrangements with Navis to pack and ship
their property. STORAGE FEES WILL BEGIN TO ACCRUE ON THE
THIRD DAY OF STORAGE. After the third day, Navis charges
$10 a day per lot.
Storage Fee. A storage fee of $10 per day will be charged for each purchased lot remaining in Sloans & Kenyon's possession ten (10) business days after the date of sale. Sloans & Kenyon shall not be liable for damage to lots remaining at Sloans & Kenyon’s facilities after 10 business days following a sale.
Abandoned Property. Purchased Lots for which Sloans & Kenyon has received payment but remain in Sloans & Kenyon's possession 180 days after the conclusion of the auction will revert to the possession of Sloans & Kenyon; the original buyer forfeits all claim to abandoned property.
Credit Cards Accepted. Visa, MasterCard, Discover, American
Express and debit cards are accepted for payment. Sloans &
Kenyon reserves the right to charge a handling fee as a
percentage of the hammer price for purchases made with credit
cards.
Late Payment Charge. In addition to
any other remedies available by law to Sloans & Kenyon and
the consignor, Sloans & Kenyon reserves the right to
impose from the date of sale a late charge of 1-1/2% per month
(or if lower, the highest rate permitted by applicable law) of
the total purchase price if payment is not made in accordance
with the payment provisions of these Terms and Conditions.
SLOANS & KENYON REQUIRES FIRST-TIME PURCHASERS WHO PAY BY CREDIT CARD TO PROVIDE US WITH A COPY OF THEIR DRIVER'S LICENSE OR OTHER GOVERNMENT-ISSUED PHOTO ID. ONCE A PURCHASER HAS PROVIDED SLOANS & KENYON WITH THIS INFORMATION, THIS DOES NOT HAVE TO BE DONE FOR SUBSEQUENT PURCHASES.
10. Purchaser Default
Sloans & Kenyon Remedies upon Purchaser Default.
If the purchaser fails to comply fully with any provisions
of the Terms and Conditions, the purchaser will be in default.
In addition to other remedies available to Sloans & Kenyon
and the consignor by law, including the right to hold the
purchaser liable for the total purchase price, including all
premiums, charges and expenses specified in the Terms and
Conditions, Sloans & Kenyon may, at its option,
(a) cancel the sale of the lot on which the purchaser defaulted,
and of any other lot(s) sold to the defaulting purchaser at
the same or any other auction(s), and retain as liquidated
damages all payments made by the purchaser, (b) resell the
purchased Property, whether at public auction or private sale,
or (c) pursue any combination of 10 (a) and (b). In the event
of any default by purchaser, purchaser will be liable to Sloans
& Kenyon and the consignor for any deficiency, any and
all costs and expenses, including reasonable attorneys’
fees, collection fees and expenses, handling charges, late
charges, expenses of both sales, premiums on both sales at
Sloans & Kenyon regular rates and other damages. Sloans
& Kenyon may, in its sole discretion, apply any proceeds
of sale otherwise due to the purchaser or monies of purchaser
in Sloans & Kenyon’s possession to reduce or satisfy,
if possible, the purchaser’s obligations with respect
to the unpaid lots and other deficiencies and damages. . Furthermore,
bidder grants authorization to Sloans & Kenyon to automatically
charge bidder’s credit card(s) for all amounts due in
the event payment for lot(s) is not made within 15 days of
the sale.
Security Interest. As security for the full payment
to Sloans & Kenyon and the consignor of all amounts due
from purchaser, Sloans & Kenyon retains and purchaser
grants to Sloans & Kenyon a security interest in the Property
purchased at auction and in any other property or money of
purchaser in Sloans & Kenyon’s possession, or coming
into Sloans & Kenyon’s possession, (collectively,
“the collateral”). Sloans & Kenyon shall have
the rights and remedies of a secured creditor as provided
by the Uniform Commercial Code and other applicable law. Such
security interest shall cease as to the Property or other
collateral when it is physically delivered to the purchaser
or purchaser’s agent.
11. Rescission by Purchaser
Limited Right of Rescission. If, within a reasonable
time, not to exceed twenty one (21) calendar days after the
sale, the original purchaser (a) gives written notice to Sloans
& Kenyon by certified mail or facsimile (or in such other
written form deemed acceptable by Sloans & Kenyon in its
absolute discretion) alleging that the description, condition,
weight, size, title, origin, provenance or other characteristics
of a lot as set forth in the catalogue were grossly and materially
inaccurate and misleading and substantially overstated the
value of the Property, and (b) within five calendar days (or
such later time deemed to be reasonable under the circumstances
by Sloans & Kenyon in its absolute discretion) after such
written notice, returns each item of Property in the lot to
Sloans & Kenyon in the same condition it was in at the
time of sale, and (c) proves the truth of such allegations
to Sloans & Kenyon satisfaction, the sale of such lot
will be rescinded. If Sloans & Kenyon has not yet paid
the consignor the amounts due as a result of the sale to the
purchaser, Sloans & Kenyon will refund the full purchase
price to the purchaser. Refunds shall not include costs of
transportation, insurance or other expenses, which may have
been incurred by purchaser.
If Sloans & Kenyon has paid the consignor the amounts
due as a result of the sale, Sloans & Kenyon will (i)
refund to the purchaser the amount of the buyer’s premium
and taxes received from the purchaser, and (ii) make written
demand upon the consignor for the payment of the balance of
the purchase price. If the consignor fails to honor the written
demand for a refund of the balance of the purchase price,
Sloans & Kenyon shall immediately furnish purchaser the
name and address of the consignor, and shall assign to purchaser
all of Sloans & Kenyon rights for the return of the balance
of the purchase price of the affected lot. Upon this disclosure
and assignment, Sloans & Kenyon will have no further liability
to purchaser or responsibility to pursue the purchaser’s
claim. Sloans & Kenyon will extend its reasonable cooperation
to purchaser, provided that such cooperation does not require
out-of-pocket expenditures by Sloans & Kenyon.
Rescission Only by Original Purchaser. This limited
right of rescission is available only to the original purchaser
and may not be relied upon by any heir, agent, transferee,
assign or other third party or assigned to any subsequent
transferee of the Property which gave rise to the claim.
Exclusive Remedy. Purchaser acknowledges and expressly
agrees that the provisions of this Paragraph 11 state the
sole and exclusive remedy available to a purchaser in the
event of a nonconformity in Property purchased. Sloans &
Kenyon will not be liable for damages of any kind, whether
characterized as compensatory, direct, indirect, incidental
or consequential (including damages for loss of profits or
revenue, costs of obtaining alternative property, claims of
customers of purchaser or otherwise), whether or not caused
by Sloans & Kenyon fault or negligence, except as provided
above or to the extent applicable law does not permit Sloans
& Kenyon to exclude such liability.
12. Rescission by Sloans & Kenyon
In the event Sloans & Kenyon receives notice of an adverse
claim with respect to purchased Property, Sloans & Kenyon
shall have the right (but not the obligation), in its sole
and absolute discretion, to rescind the sale to purchaser,
upon written notice to purchaser. Upon such notice, purchaser
will promptly return the purchased Property to Sloans &
Kenyon premises where purchased in the same condition as when
purchased. Sloans & Kenyon will then promptly refund the
purchase price, including the buyer’s premium and applicable
taxes. Purchaser will have no further recourse against Sloans
& Kenyon or the consignor, and Sloans & Kenyon and
the consignor shall not be liable for any damages of any nature
suffered by the purchaser, whether or not resulting from the
fault or negligence of Sloans & Kenyon or the consignor.
13. Governing Law
The law of the state (excluding its conflicts of law rules)
in which the Property is auctioned or sold shall govern, provided
however, that if the Property is auctioned or offered for
sale only through the medium of an online auction, the law
of the State of Maryland (excluding its conflicts of laws
rules) shall govern.
14. Forum for Lawsuits
Consent of Bidders and Purchasers to Jurisdiction.
If there is a lawsuit, each bidder and purchaser hereby consents
to the jurisdiction of the federal court located in, and the
state courts of, the State whose law has been chosen to govern
as provided in the preceding Governing Law Paragraph 13.
Lawsuits by Bidders and Purchasers Only in Certain Courts.
Each bidder and purchaser hereby agrees that any lawsuit that
bidder or purchaser may bring against Sloans & Kenyon
or the consignor will only be brought in the federal courts
located in, or the state courts of, the State whose law has
been chosen to govern as provided in the Governing Law Paragraph
13 above.
15. Limitation of Liability
Sloans & Kenyon acts only as agent for the consignor
and in no event will Sloans & Kenyon be liable for any
breach or default by the consignor. Without diminishing any
exclusion of liability provision applicable to the specific
matters covered in these Terms and Conditions, (a) in no event
will Sloans & Kenyon’s liability for any breach,
or act or omission exceed the purchase price actually paid
by the purchaser, and (b) in no event shall Sloans & Kenyon
have any liability under any circumstances for special, indirect,
incidental or consequential damages (including for loss of
profits or revenues, costs of obtaining alternative property,
claims of customers of purchaser or otherwise), whether in
contract, tort, negligence, strict liability, or otherwise,
arising out of, resulting from or in any way relating to (i)
the Property or its purchase, sale, delivery or non-delivery,
or (ii) the acts or omissions of Sloans & Kenyon or Sloans
& Kenyon agents, representatives, officers, directors,
employees or affiliates.
16. Miscellaneous
Export or Import.
Certain property sold at auction may be
subject to the provisions of the Endangered Species
Act of 1973 and the Marine Mammal Protection
Act of 1972. Lots noted with a * may
be subject to the provisions of the Endangered Species Act of
1973 and the Marine Mammal Protection Act of 1972.
Although licenses can be obtained to export some items which
are the subject of these laws, other items may not
be exported (such as items containing whale bone), and some
property may not be resold in the
United States.
Upon request, Sloans & Kenyon is willing to assist a
purchaser in attempting to obtain appropriate licenses, at
purchaser’s expense. Sloans & Kenyon will charge a minimum
fee of $125 per item for this service, however, there is no
assurance that an export license will be obtained.
Absentee Bids. For bidders who do not choose to
attend a sale in person or for online auctions, Sloans &
Kenyon may accept absentee bids at no cost to bidders. Purchasers
who wish to participate in auction sales as absentee bidders
must complete the applicable forms and shall comply with and
be bound by the additional provisions applicable to such bidding.
Absentee forms are available in our printed catalogues, from
our office by calling 301-634-2330 or online (Absentee Bid
Form).
Severability. If any provision or portion thereof
of the Terms and Conditions shall be void, unlawful or unenforceable
under applicable law, that provision or portion thereof shall
be deemed deleted and severed from the remaining provisions,
and shall not affect the enforceability or validity of any
of the remaining provisions.
Private Sales. These Terms and Conditions shall
apply to both auction and private sales of Property.
No Assignment. Unless Sloans & Kenyon consents
in writing, purchasers may not assign their rights or any
of their obligations relating to an auction or other sale
by Sloans & Kenyon. Any assignment without Sloans &
Kenyon consent will not be effective.
Complete Agreement and Binding Agreement. These
Terms and Conditions contain all of the provisions applicable
to the agreement between Sloans & Kenyon, on the one hand,
and each bidder and purchaser, on the other, with respect
to the subject matter of the Terms and Conditions. The provisions
of the Terms and Conditions supersede and extinguish all other
agreements, representations or understandings, whether prior
or contemporaneous, or oral or written, between the parties
concerning that subject matter. The Terms and Conditions shall
be binding on purchaser’s heirs, beneficiaries, executors,
successors and permitted assigns.
Contract Modifications and Waiver. These Terms and
Conditions may not be changed, unless Sloans & Kenyon
and the purchaser have agreed to do so in a writing signed
by both parties. No waiver shall be effective unless in writing
and signed by the party alleged to have given the waiver.
A waiver on one occasion by Sloans & Kenyon shall not
be a waiver on any other or future occasion or affect Sloans
& Kenyon right to insist on strict performance of all
other provisions.
Paragraph Headings. Paragraph and subparagraph headings
are included in these Terms and Conditions for ease of reference
and should not be used to interpret the meaning of the substantive
provisions.
Terms of Absentee Bidding
If you choose not to attend a Sloans & Kenyon catalogue
auction in person, and wish to place bids, you may give Sloans
& Kenyon instructions to bid on your behalf. Our representative(s)
will then try to purchase the designated lot or lots of your
choice for the lowest price possible, and never for more than
the top bid price in your instructions. This service is free
and confidential. The Terms and Conditions printed in the
catalogue and online apply to all bidders, whether in person
or absentee. By placing a bid in any manner at a Sloans &
Kenyon catalogue auction, the bidder acknowledges and agrees
to be bound by the Terms and Conditions. All absentee bidders
also agree to be bound by these terms of absentee bidding.
Please note Sloans & Kenyon offers its absentee bidding
service as a convenience to our customers who are unable to
attend an auction. While we will make every effort to execute
your bid(s) pursuant to your instructions, Sloans & Kenyon
is not responsible or liable for error or failure to execute
such bids or instructions.
Bidding Number
Like all bidders, absentee bidders must register and receive
a Sloans & Kenyon bidding number prior to bidding at the
auction. To obtain a bidding number, contact the Sloans &
Kenyon Business Office at: (301) 634-2330 or bidder@sloansandkenyon.com.
First-time bidders may obtain a bid number by registering
on this site. If you have not previously done business with
Sloans & Kenyon, you will be expected to furnish identification
and possibly credit references in order to receive a bidding
number. If you are acting as another’s agent for bidding
purposes, you should provide a letter or other authorization
from the principal.
Placing Absentee Bids
Absentee bids must be submitted in writing using the official
Sloans & Kenyon form. This form is available in our auction
catalogue, online (absentee bid form) or from the Sloans &
Kenyon Business Office. Fax the completed form to us at (301)
656-7074. Be sure to accurately record the lot numbers and
descriptions and the top price you are willing to pay for
each lot. Do not leave the bid price open. Buy or unlimited
bids will not be accepted. Always indicate a top limit –
the highest prices you would be willing to bid if you were
present at the auction.
Absentee Bids are subject to credit verification. All absentee
bidders need to include credit card information on the form,
or call our business office at (301) 634-2330 to provide this
information to have on file. Successful bidders may select
a payment method after the auction.
Always place your bids in the same order as the lot numbers
appear in the catalogue.
Each absentee bid form should contain bids only for one sale.
The particular sale should be indicated at the appropriate
place on the bid form. Please place your bid as early as possible.
In the event of identical bids, the earliest received will
take priority.
Telephone Bids
Bids may be placed by telephone during the sale, but are
accepted only at Sloans & Kenyon discretion and at the
caller’s risk. You may make arrangements before a sale
for a Sloans & Kenyon telephone bidder to contact you
at a telephone number of your designation in order for you
to participate in the bidding on particular lot(s).
By bidding on the telephone, prospective purchasers consent
and agree to the Terms and Conditions. Telephone bidding is
a convenience offered to Sloans & Kenyon customers and
while we make every effort to execute your instructions regarding
your telephone bidding, Sloans & Kenyon is not liable
or responsible for any errors or failure to execute such instructions.
Telephone Absentee Bids
All absentee bids submitted via telephone must be confirmed
in writing or by fax using the absentee bidding form. If absentee
bidding instructions are given to Sloans & Kenyon and
its representatives via telephone, but not confirmed in writing,
the same instructions as for written absentee bidding shall
apply. Further, by offering any absentee bid, whether in writing
or via telephone, the bidder accepts and agrees to the Terms
and Conditions of the auction as printed in the catalogue
for that auction.
Revised 22 June 2018
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