The conditions set forth below constitute the terms and conditions on which all property is offered for sale. Bidding at auction, whether present or by absentee bid, the buyer agrees to be bound by these terms.
Bidders are required to register with proper identification prior to the sale and must use the number issued to them when they are the successful bidder.
All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid; to advance the bidding at his discretion; and, in the event of a dispute between two bidders, determine the successful bidder or to re-offer and resell the lot in dispute. Should there be any dispute after sale, the record of final sale shall be conclusive. All sales are final.
Absentee bids will be executed as a convenience to the customer; however, the auction house will not be responsible for any errors or failure to execute bids. All auction sales and telephone bidding are recorded. Prospective absentee bidders should consult the bid increment scale to ensure their bids conform to our printed bidding increments. Items that do not carry an estimate (box lot items), require a minimum bid of $25.00 on each absentee bid. In the event a left bid is higher than competing bids in the auction hall, the left bid will win the item at the next bidding increment, not necessarily the full amount of the bid. The auctioneer reserves the right to withdraw any lot before or at the sale. Some items offered may be subject to a reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding on behalf of the Consignor. Absentee & Phone bidders must leave/open the bid at half of the low estimate; telephone bids must have a minimum opening bid of $100.
A buyer's premium will be added to the hammer price of each lot sold (18-28% depending on method of bid; 18% in-house bidders; absentee & telephone bids 21%; international telephone bidders 25%; Live Auctioneers 25%; Invaluable 28%). Buyers are required to pay sales tax on the total sales price, including the buyer's premium. All purchases are subject to the New York State Sales Tax of 8 1/8% (8.125) unless the purchaser possesses a Tax Exemption Number or an out of state tax number. Request NYS form ST-120 must be completed and kept on file.
The purchaser is legally responsible for payment. Payment must be made on day of purchase unless prior arrangements have been made with the auction house. Payments accepted are cash (in house only), Cashier's check, Traveler's check, Wire Transfers ($30.00 Bank Service Charge), major credit cards. Only pre-approved, certified or cashiers checks are accepted, please check with gallery. First time buyers must pay by cash, guaranteed funds or credit card. There is a floor limit of $5,000.00 on credit card and PayPal payments (NO EXCEPTIONS). Payment must be made within five (5) days of the sale date. Purchases over $5000.00 must be paid by certified funds or bank wire transfer.
A service charge of 1.5% will be added each month to unpaid balances beginning thirty (30) days after the sale date. Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in no-issuance of a bidding number in the future. A $30 fee will be added for returned checks. If a check fails to clear after the second deposit, the purchaser will be held responsible for any and all fees incurred during the collection process, i.e., legal and bank fees.
Detailed condition reports are not included in this catalogue. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the gallery to determine their level of interest. Requests for condition reports with additional photographs can be made by emailing through the link on this page. Contact the gallery for verbal reports at 845-469-9095, ext. 24 or email firstname.lastname@example.org. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All counts, weights and measurements are approximate. The Auction House shall bear no responsibility for any error or omission. Unless otherwise stated, all artwork sold by William J. Jenack Auctioneers is assumed to be "after", "school of", "manner of" or "circle of" and will carry no warranties or guarantees as to authorship or authenticity weather stated or implied by other parts of this agreement. Ignorance of terms by buyer (s) is no excuse to bring action against the auction house or consignor.
All property must be removed from our premises by the purchaser at their expense no later than fourteen (14) business days following its sale and, if it not removed, William Jenack Auctioneers reserves the right to charge a minimum storage fee of $25.00 per lot per week or to deliver said property to a public warehouse for storage at the purchaser's expense. William Jenack Auctioneers shall have not liability for any damage to property left on its premises for more than five days following the sale.
We do not offer in house shipping. Buyer must arrange all phases of receipt of lots won. Returns will NOT be accepted as a result of packing/shipping costs. We will not be held responsible for choosing a shipper in the event of any act and/or omissions in packing. We do not assume responsibility for damages. Regardless of shipping method, auction house must have received cleared funds to release property. Successful bidders are responsible for the collection/shipment of their purchase and must be removed from the gallery no later than fourteen (14) days after the close of the auction. Failure to do so will incur a storage fee of $25.00 per week per item, NO EXCEPTIONS. IF PAID PROPERTY IS NOT REMOVED WITHIN FORTY FIVE (45) DAYS AFTER THE CLOSE OF THE AUCTION DATE WILL BE CONSIGNED TO A FUTURE AUCTION WITHOUT ADDITIONAL NOTICE TO THE PURCHASER, PROPERTY WILL BE CONSIDERED ABANDONED AND OWNERSHIP SHALL REVERT TO GALLERY. ***SHIPPING CHARGES ARE NON-REFUNDABLE.*** As stated in our terms and conditions of sale we do not ship. For all shipping related issues please contact email@example.com or call 845-469-9095 ext. 25.
For shipping options buyer should contact one of the following shipping agents: PlyCon 888-655-2664, Brian UPS Store, 718-802-0900, firstname.lastname@example.org; Colleen, UPS Store #1747, email@example.com, 367 Windsor Hwy., New Windsor , NY 12553, 845-565-2300, fax 845-565-4300; Dusk2Dawn Courier Services â€“ firstname.lastname@example.org, 484-860-0604 or 484-202-0805; Ace Exchange â€“ email@example.com, 646-546-1075; 3 Little Men Moving Co. â€“ firstname.lastname@example.org, 917-525-5595. All shipping arrangements and payments for shipping and any other related fees must be made directly with the shipper. Buyer must provide gallery with signed authorization for release of the property that states your name, sale date, lot number and choice of carrier. (Fax information -845-469-8445).
The seller shall assume NO RESPONSIBILITY for damage or loss by the shipper, i.e. UPS, USPS, FEDEX, DHL, etcetera. If a loss or damage should occur during shipment, it is incumbent upon the buyer to file for recovery of any losses incurred. Under no circumstances can the claim exceed the hammer price (not including the buyer’s premium). PLEASE NOTE: Shippers refuse to acknowledge the buyer’s premium as a requisite part of the sale amount.
Returns are generally not accepted, as stated “all sales final”. Under special circumstances returns may be accepted, if it is determined the auctioneers have erred in their catalogue description within fourteen (14) days of point of sale. (UNDER NO CIRCUMSTANCE WILL THIS TIME PERIOD BE EXTENDED UNLESS ARRANGEMENTS HAVE BEEN MADE WITHIN THE TWO (2) WEEK PERIOD.) The decision is that of the gallery and final, unless special arrangements have been made for an extension. However, if the auctioneer should make verbal additions, correction or modifications to the catalogue at the point of sale, this disclosure formally amends the printed catalogue description. All sales are audio/video taped to validate any changes made by the auctioneer to the catalogue description. Any returns must be accompanied by a written statement from a mutually agreed upon arms length third party with the necessary credentials to verify the discrepancy and/or lot in question. These terms do not apply to any items identified in the catalogue as “In the Manner of, Style of Circle of, After, or Attributed to.” Auctioneers do not warranty any verbal accounts of integrity or condition offered for telephone/absentee clients. Note: SHIPPING CHARGES AND BUYER’S PREMIUM WILL NOT BE REFUNDED ON ANY RETURN.