Special Terms
BIDDER'S TERMS AND CONDITIONS OF SALE
1. ALL BIDS ARE FINAL: If you are awarded the final bid, ownership changes
hands at the end of the auction, you are responsible for payment in full. All bids
made during the sale may not be withdrawn for any reason by any bidders.
2. BUYER’S FEE: A buyer's premium of will be charged on all lots sold. If your bid
price is accepted as the winning bid on any lot, you will be charged a buyer's
premium of 10% in addition to the accepted bid price. Online purchases are subject to
a buyer's premium of 13% for purchases. Premium will be added to the purchase price. Paperwork processing, postage, and sales tax, if applicable, will be charged on the final total of purchase price plus premiums, along with a 3% service charge if paying with credit card.
3. TERMS OF PAYMENT: Payment in full is required by 5 pm, Sunday
June 8, 2025. All payments must be in the form of bank wire transfer, cash
or certified funds unless other arrangements have been approved in advance by
the Executive Director. Cash payments of $10,000.00 or higher will be reported
according to U.S. Federal government requirements. Should a bidder default on
payment in any manner, without limiting any recourse the Saratoga Automobile
Museum may have, bidder agrees to pay the Saratoga Automobile Museum all
lost auction fees (which is the maximum published rates for (a.) the seller’s fee, (b.)
the buyer’s premium, and (c.) the entry fee), this amount due and payable
without relief. Bidder agrees to also pay the Saratoga Automobile Museum’s costs
of collection, including attorney’s fees and costs.
4. CONDITIONS OF SALE: Statements printed in catalogs, signs, window
cards, and verbal statements made by auctioneers or auction staff are
representations made by the Consignor and the Saratoga Automobile Museum
has no obligation to verify or authenticate any such claims on items,
whereas, with no representations or warranties, expressed or implied. The
CONSIGNOR AND THE SARATOGA AUTOMOBILE MUSEUM DISCLAIM ALL
WARRANTIES, EXPRESSED OR IMPLIED AS TO CONDITION, ORIGINALITY,
OR AUTHENTICITY, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR
RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL,
OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT
OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OR
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. In no event
shall the Saratoga Automobile Museum, the auctioneer, or any of its employees,
agents, associates or affiliates be responsible or liable in any way for any
warranties, guarantees, histories, or descriptions of any vehicle or article offered
for sale.
5. RISK OR LOSS: The Saratoga Automobile Museum encourages bidders to
self-inspect the lots before bidding to ensure the quality
of the conditions and/or repair/restoration. Once the Auction ends and the winning
bidder number is called, the risk of loss or damages passes on to the winning
bidder.
6. REMOVAL: Items shall be removed from the premise no later
than Sunday, June 8, 2025, and thereafter, the Saratoga Automobile
Museum may charge a reasonable daily storage fee of up to $100 per day,
should any items be left on the premises.
7. TRANSPORTATION OF Items: We may, from time to time in our
discretion, transport or arrange via third parties to transport items belonging to
you at your request and/or deemed necessary or desirable by us. In such cases,
we are not liable for theft, conversion, loss, injuries, damage, claims, expenses
(including legal fees), suits, or demands related to such vehicles (collectively,
transportation claims), howsoever caused and to whomever caused. Such
items are being transported for you and at your request, and you assume all
risks associated with the transportation of your items. You further acknowledge
and agree that your only claim or remedy for transportation claims, if any, shall
be to and against the third-party carrier, its insurer, your own insurer, or the
third-party that caused the alleged damage, and not to, against, or involving the
Saratoga Automobile Museum.
8. ADDITIONAL LOT ITEMS: Buyer acknowledges that the Saratoga
Automobile Museum shall not be responsible for safekeeping or delivery of any
of the provenance, books, build sheets, Protect-O-Plates, window stickers, or other
records, awards or documents regarding the lot, and that the Seller is ultimately
responsible for safekeeping of these items.
9. ADDITIONAL TERMS: In the event either party brings action against the other, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. The law of the state in which the auction is held shall govern the provisions of this bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which Saratoga County, New York is located. You are responsible for all bids made with your bidder number, whether or not made by you and whether or not authorized by you. If your bidder card is lost or stolen, immediately report to the auction office as all bids made with this bidder number will be your responsibility.
