Conditions of Sale

Bidders anticipating placing bids of $10,000 or more must speak with Clarke Auction for approval to bid.

All bidders registering to bid via Invaluable must provide a valid Visa or MasterCard and a current email address. We may ask you to validate a credit with us as well.

The lots listed in this catalog will be offered by Clarke Auction Gallery, Inc. dba C&C Auctions ("Clarke Auction", "Clarke's", "Clarke") as owner or as agent for consignor(s) subject to the following terms and conditions:
1. Warranties and Guarantees
a. All property is sold as is, where is and without recourse, and neither the consignor(s) nor Clarke Auction makes any representations or warranties, expressed or implied, with respect to size, count, weight, style, authenticity, period material, or manufacturer copyright or reproduction right or any other warranty except as specified below on any lot sold.
b. All measurements and weights are approximate.
c. Clarke is not responsible for typographical errors.
d. All glassware and porcelain are sold as is. Clarke Auction cannot check every piece for chips or losses.
e. Clarke Auction is not responsible for damage to frames or glass covering paintings, drawings, and other works of art, regardless of cause.
f. Clarke does not test or guarantee the functionality of electrical or mechanical item(s).
g. Everything is sold as is. No returns.
h. Clarke Auction will not guarantee the authenticity of any signature unless so stated at the time of auction and will only guarantee the medium in which the particular work is executed.
i. In the event Clarke guarantees authenticity (stated at the time of auction); the Buyer must notify Clarke's within seven (7) calendar days of receiving any information which causes the buyer to question the authorship, and such notice shall be given no later than thirty (30) calendar days from date lot was delivered to buyer/authorized representative.
j. The catalog listings are meant as a descriptive guide only. Buyers are encouraged to use the preview to examine merchandise.
k. Conditions of sale shall be governed by the laws of the State of New York. The purchaser acknowledges that any suit for the enforcement of this agreement shall be brought in the courts of the State of New York. Furthermore, purchaser consents to the non-exclusive jurisdiction of such courts and waive objections.
2. Bidding
a. Clarke Auction reserves the right to withdraw, combine, or divide any lot at its sole discretion prior to the commencement of bidding.
b. The purchase price payable by the buyer shall be the sum of the final bid ("hammer price") plus a buyer's premium and any applicable sales tax. The buyer's premium is 25% when bidding with Clarke or on Invaluable.com and 28% on Liveauctioneers.com.
c. Purchases are subject to 8.375% Westchester County/New York State sales tax. As per NYS Department of Taxation and Finance notice TB-ST-155: "New York State Sales Tax is applied if tangible personal property is delivered to or transferred to the possession of a purchaser's agent, representative, employee or a private or contract carrier hired by the purchaser. The location of transfer determines if sales tax is due regardless of the ultimate destination of the merchandise."
i. We will waive the sales tax on items purchased by registered resellers who provide a Resale Certificate and completed ST-120 to Clarke Auction prior to the time of purchase.
d. A small percentage of lots may have a reserve price, which is the confidential minimum price below which such lot will not to be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon between consignor(s) and Clarke Auction.
e. The Auctioneer may execute bids on behalf of absentee bidders and on behalf of consignor(s) up to a reserve price.
f. Clarke Auction reserves the right to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the Auctioneer will be the purchaser. In the event of a dispute between bidders, the Auctioneer has the final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, Clarke Auction's sale record shall be conclusive.
3. Payment, Removal of Property and Miscellaneous
a. No auction lot may be removed during the sale or any time until the full purchase price has been paid.
b. For purchases made through Invaluable, buyers will be invoiced Invalauble. If you would like to pay us directly, you must notify us via email at [email protected] within 24 hours after the close of the auction to request an invoice. Otherwise, Invoices that meet the credit card minimum as stated in the platform's condition of sale, will be auto-charged approximately 24 hours after being invoiced and processing fees will apply. Please note that any purchases made in the Jewelry or Militaria departments will need to pay us directly.
c. To pay us directly, we accept check, money order, bank transfer or Zelle. If you are paying in-house, we will accept check, cash or credit cards on invoices under $10,000.00. For invoices over $10,000, payment must clear our account before picking up. We do not accept credit card payments over the phone. A 2.5% processing fee will be added to all credit card purchases.
i. Clarke Auction reserves the right to hold purchases until buyer's check clears our Bank. Returned checks are subject to a $50.00 service charge.
d. All lots must be paid and removed at the buyer's expense within (10) business days after the conclusion of the sale.
e. Any lots remaining at Clarke Auction past ten (10) days after the conclusion of the sale will be subject to a storage fee of $10.00 per lot, per day. Should the cost of storage exceed the purchase price, Clarke reserves the right to dispose of the purchased lot.
f. Clarke Auction will not be held responsible for loss or damage to items left on premises over ten (10) business days after the conclusion of the sale.
g. Clarke Auction reserves the right to re-auction, without reserve, items not removed within thirty (30) days after the conclusion of the sale.
h. Clarke Auction is not responsible for shipping. All shipping is to be arranged and paid by successful bidders. Upon request, Clarke Auction will provide buyers with a list of recommended shippers.
i. If for any reason a purchased lot cannot be delivered or picked up in the condition it was in at the time of sale or should any purchased lot be stolen or lost prior to delivery or pick up, Clarke Auction shall not be liable for any amount in excess of that paid by the purchaser.
j. Clarke Auction shall not be held responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us.
k. Employees of Clarke Auction are not prohibited from bidding. It is possible, that through their employment, they may have access to information not available to the public.

Shipping / Payment Policy

Payment:

For invoices up to $5,000, you will be automatically charged through the Invaluable Payment System. Your credit card on file will be charged for the invoice amount plus a surcharge up to 2.90% as allowable by your state.

For invoices over $5,000, we will invoice you directly. For invoices over $10,000, payment must clear our account before picking up.

If you purchase any items in the militaria, jewelry / sterling category you cannot check out through Invaluable. We will send you an invoice through our system, which will carry NYS sales tax of 8.375%. If you have a resale, you will need to complete paperwork with us.

We accept check, wire transfer or Zelle payment only. If you are paying in-house we also accept cash or credit card which carries a 2.5% administration fee for invoices under $10,000.

Clarke Auction does not accept third-party payments from individuals or organizations that are not the winning bidder. Payment from a bank account must match the name as the registered winner. Clarke Auction reserves the right to hold purchases until buyer's check clears our Bank. All returned checks are subject to a $50.00 service charge.

Shipping:

Clarke Auction is not responsible for shipping. All shipping is to be arranged and paid by successful bidders. Here's our recommended shipper list: https://clarkeny.com/how-to-buy-and-sell/buying/pickup-delivery/

If for any reason a purchased lot cannot be delivered or picked up in the condition it was in at the time of sale or should any purchased lot be stolen or lost prior to delivery or pick up, Clarke Auction shall not be liable for any amount in excess of that paid by the purchaser.

Clarke Auction shall not be held responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us.

All lots must be paid and removed at the buyer's expense within (10) business days after the conclusion of the sale. Any lots remaining at Clarke Auction past ten (10) days after the conclusion of the sale will be subject to a storage fee of $10.00 per lot, per day. Should the cost of storage exceed the purchase price, Clarke reserves the right to dispose of the purchased lot.

Clarke Auction will not be held responsible for loss or damage to items left on premises over ten (10) business days after the conclusion of the sale. Clarke Auction reserves the right to re-auction, without reserve, items not removed within thirty (30) days after the conclusion of the sale.

Paying Clarke Directly

NYS Taxes Apply. Purchases are subject to 8.375% Westchester County/New York State sales tax. As per NYS Department of Taxation and Finance notice TB-ST-155: "New York State Sales Tax is applied if tangible personal property is delivered to or transferred to the possession of a purchaser's agent, representative, employee or a private or contract carrier hired by the purchaser. The location of transfer determines if sales tax is due regardless of the ultimate destination of the merchandise."

We will waive the sales tax on items purchased by registered resellers who provide a Resale Certificate and completed ST-120 to Clarke Auction prior to the time of purchase.