Conditions of Sale
When you register to bid at Kimballs Auction Gallery, you agree to all terms and conditions below. By agreeing to these terms and conditions, you are entering into a legally binding contract to pay for any items which you have bid on and won during the auction.
Key points to remember:
*All items are sold as is.
*Payment is due within three (3) days of the auction.
*Items must be removed from our gallery within seven (7) days of auction.
*Auctioneer has the right at his discretion to withdraw any lot from any auction at any time and for any reason.
BEFORE THE AUCTION
1. AS IS
All items are sold as is, where is, with all faults, and all sales are final. there are no warranties expressed or implied. Kimballs Auction Gallery is not responsible for the correctness, nor has Kimballs Auction Gallery deemed to have made any representation or warranty on the description, quality, size, importance, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property. All items are described briefly in our catalog, for detailed descriptions please ask. 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. All mechanical items- such as clocks, watches and music boxes are sold as-is, please assume that they are not working.
Kimballs Auction does not guarantee authorship or signatures of paintings. All items are available for your examination prior to bidding. Your registration and participation in bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend that prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. No statement written or oral made by the auctioneer or any employees shall be deemed a warranty or assumption of liability by Kimballs Auction or by any seller represented by Kimballs Auction.
2. CATALOG DESCRIPTIONS
Each lot in the catalog is briefly described and given a low and high estimate. This estimate represents a conservative range which, in the opinion of Kimballs Auction, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenances. Estimates are subject to change prior to an auction. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer's premium.
Glossary of terms for artwork:
Artist name
Example: C. E. Porter - The work is, in our best judgment, by the named artist.
Attribution
Example: Attributed to C. E. Porter - In our opinion, on the basis of style, the work can be ascribed to the named artist but less certainty as to authorship is expressed than in the preceding category.
Studio of
Example: Studio of C. E. Porter - In our opinion, a work by an unknown hand in the studio of the artist, which may or may not have been executed under the artist's direction.
Circle of
Example: Circle of C. E. Porter - In our opinion, a work by an as of yet unidentified but distinct hand closely associated with the named artist but not necessarily his pupil.
Style of / Follower of
Example: Style of or Follower of C. E. Porter - In our opinion, a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
Manner of
Example: Manner of C. E. Porter - In our opinion, a work in the style of the artist and of a later date.
After
Example: After C. E. Porter - In our opinion, a copy of a known work of the artist.
The term 'signed and/or dated and/or inscribed' means that, in our opinion, a signature and/or date and/or inscription are from the hand of the artist.
The term 'bears a signature and/or date and/or an inscription' means that, in our opinion, a signature and/or date and/or inscription have been added by another hand.
All paintings are measured by sight size and all measurements are given with the height preceding the width. Unless otherwise stated in the description, all pictures are framed. All weights and measurements are approximate.
3. CONDITION REPORTS
Condition reports are usually available on request, on lots with a low estimate of $300 and above. Condition reports are answered in the order that they were received. Please understand that regardless of when you request condition information, we will not respond to the request until the week prior to the auction date. Unfortunately, we cannot guarantee that condition reports requested less than 48 hours prior to an auction will be answered.
Any condition statements are given as a courtesy to prospective buyers. Condition reports are only an opinion and should not be treated as a statement of fact.
Kimballs shall have no responsibility for any error or omission.
Any lot that has multiple pieces will not have a detailed condition report given, you may send a representative in for you. We are not responsible for any omissions in descriptions or in any condition reports, your only guarantee is to preview the items yourself, or have an agent preview for you.
DURING THE AUCTION
1. BIDDING
Kimballs Auction Gallery is pleased to offer several options for bidding. Bidding can be done over the telephone, via absentee bidding, and live on one of two live bidding platforms. We only accept telephone and absentee bids from customers who submit them in person.
a. Telephone Bidding:
To register for a telephone bid, complete an Absentee Bid Form and submit this to Kimballs Auction Gallery in person. In order to participate in telephone bidding, you must agree to an automatic minimum opening bid amount. This amount can change for each auction. Please contact our gallery to confirm the minimum opening bid for the auction you would like to telephone bid on. When completing the absentee bid form, you do not need to enter an amount in the bid section of this form. That field is for absentee bids. In order to be sure your bid is received and entered in time, we request that they be submitted at least 24 hours in advance of an auction. By submitting this form, you agree to all of our Conditions of Sale including minimum opening bid, and will be registered for the sale.
On the day of auction, a qualified member of our auction team will call you approximately three to five lots before your item is scheduled to be sold. They will confirm with you the item that you are bidding on and the minimum opening bid requirement. The team member will then relay the bidding activity to you and announce your bids to the auctioneer as you request. If you are successful, an invoice will be emailed to you the day after the auction.
b. Absentee Bidding:
There is one way that you may submit an Absentee Bid (Left Bid). You may present a completed Absentee Bid Form to our staff during the auction preview. By submitting an Absentee Bid, you agree to all of our Conditions of Sale and will be registered for the sale.
When completing your Absentee Bid Form be sure that your bid amount is the maximum amount that you are willing to bid and indicate if you would like to overbid by one increment. One of our experienced staff members will bid competitively for you up to that amount.
c. Live Online Bidding:
Kimballs Auction also runs our auctions on two third party online bidding platforms which include LiveAuctioneers and Invaluable. For information on how to bid and buy using these online bidding platforms, please refer to the third-party websites. Any absentee bids placed with one of these online bidding platforms are released to Kimballs during the time the lot is up for sale and not before. Bids placed in advance of the auction have no timed advantage over those made in real time. The buyer's premium for bidding on one of these platforms is 25%. By registering to bid on one of our auctions through LiveAuctioneers or Invaluable, you agree to all of our Conditions of Sale.
2. BIDDING CONTRACT
Your bid is a contract. Kimballs Auction Gallery is not responsible for any bids that were placed in error. Most of these errors can be easily prevented by taking the time to clearly read our terms. If you have any questions or concerns regarding our terms we encourage you to contact us PRIOR to bidding. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. Bidding will begin at a price appropriate at the auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate.
This is a live auction and bids are accepted from the absentee bids, telephone, and the internet. You may place an absentee bid online and still not prevail when the selling price is the same or, in some cases, lower than the winning bid. The auctioneer accepts bids from where he/she sees them first. Internet bids that were placed prior to the auction are transmitted to the auction gallery during live bidding and not before. The auctioneer is the final determination on who the winning bidder is. We are providing you with a service, we are not responsible for missed bids or mis-executed bids. The Auctioneer, at his sole discretion, reserves the right to reject any opening bid, which he feels is unacceptable or too low. The auctioneer also reserves the right to withdraw any property before the sale.
Once the Auctioneer announces 'SOLD', title to the property will immediately pass to the highest bidder acknowledged by the auctioneer. Once title to the property has passed to the highest bidder, such bidder (a) assumes all risks and responsibilities (b) will pay the full purchase price including buyer's premium and applicable sales tax.
AFTER THE AUCTION
INVOICING
Your invoice will be sent via email at the conclusion of the auction. Please respond to the emailed invoice letting us know that it was received and to inform us of payment and pick-up arrangements.
2. BUYER'S PREMIUM & SALES TAX
A Buyer's premium will be added to the hammer price of each lot. The buyer's premium for in-house bidding (this includes phone and absentee) is 23%. Any fees assessed beyond our 23% in house buyer's premium have been assessed by Invaluable. Specialty auctions may have a different buyer's premium. Please ask us if you have any question as to the buyer's premium.
When applicable, Massachusetts sales tax will be added to the hammer price and buyer's premium. Massachusetts sales tax is currently 6.25%.
If you have a resale certificate, you may submit it to LiveAuctioneers or Invaluable if bidding online. You may submit your resale certificate directly to Kimballs Auction ONLY if you are a phone/absentee bidder.
3. PAYMENT
Payment for items purchased is due within three (3) business days of the auction. If you bid online you must pay via LiveAuctioneers or Invaluable. We do not currently accept direct payments from online bidders. If you are a phone or absentee bidder we accept credit/debit, cash, cashier's check, or wire transfer. We do not accept Paypal.
We accept the following payment methods:
Cash (U.S. Dollars only)
Credit Card
We accept MasterCard, Visa, or Discover.
The name on the credit card must match the name of the buyer on the invoice.
The name on the invoice cannot be changed
Credit Cards will not be accepted for invoices over $5,000.
Shipping address must match the name and address of registration
Money Order or Bank Check
Wire Transfer
Buyer is responsible for any charges or fees charged by either bank for processing a bank wire transfer.
Personal or Business Check
Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. First time buyer's that have not established credit and are paying with an out of state check will be required to wait ten business days for items to be released. There is a handling charge of $50.00 for dishonored checks. Any nonpayment or bounced checks will be prosecuted to the fullest extent of the law.
4. NON PAYMENT
If we do not receive payment in full, in good cleared funds, within three (3) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate.
Any invoices not paid in full within 7 days will be charged a clerical charge of $10/per week. Any invoices not paid in full within 28 days will be charged an additional $40 clerical fee on top of all other charges.
5. COLLECTION OF PURCHASED PROPERTY
All auction purchases must be removed from our premises within the seven (7) days following an auction. Property not removed within five (5) business days will be subject to a storage fee (see Storage section of this document for more information). Our gallery is open for pick up during our regular business hours, however we recommend that you call us before you plan to arrive to be sure the appropriate staff will be on hand to assist you.
6. SHIPPING
Packing and shipping is offered via our preferred shipper, The Package Store, for all items excluding furniture. Once paid, item(s) will be picked up by The Package Store. You do not need to contact The Package Store, they will reach out to you once your item(s) have been processed. All invoices that are not paid within three (3) days of the sale will not be eligible for shipping via our preferred shipper.
While we do not pack or ship any items, we have provided the list of shippers below as a courtesy. Please understand, you may use any shipper or third party you choose and that Kimballs Auction Gallery takes no responsibility for any acts or omissions of any of the vendors on this list.
Buyers assume full responsibility for the packing and shipping of lots won at auction. We have provided a list of our Shippers to assist you.
When arranging for a shipper, please be aware that all items should be picked up within one week of the auction unless arrangements have been made in advance with our office. Please confirm that they will be able to meet our deadline for pick-up. If your shipper isn't able to pick-up within our allotted time frame, storage charges will accrue.
PREFERRED SHIPPER
Company Phone Email
The Package Store 413-282-0048 [email protected]
LOCAL DELIVERY
Company Phone Email
Kimballs Auction 413-549-8300 [email protected]
LARGE FURNITURE
Company Phone Email
Vintage Trucking 413-212-1252 [email protected]
Transport Consultants Int. 800-752-7002 [email protected]
Ace Exchange 646-546-1075 [email protected]
Sure Express Worldwide 877-877-0889 [email protected]
HIGH VALUE FINE ART
Company Phone Email
Artex 866-407-9660 [email protected]
North South Art Transfer 978-491-9353 [email protected]
U.S. Art 800-472-5784 [email protected]
AirSea 718-937-6800 [email protected]
Please notify us when your arrangements have been made.
If you are the successful bidder you can notify your shipper, be sure to let them know that they will need to package the items themselves. Provide your shipper with your first and last name and either the lot numbers you purchased or your invoice number.
7. STORAGE
Purchased property not picked up from our auction gallery within five (5) business days following the sale, whether or not payment has been made, will be moved to storage and fees will be added to your account. Kimballs Auction Gallery shall have no liability for any damage to property that may take place when property is moved to storage.
Kimballs Auction Gallery will charge a $25 fee, per lot, to move the property to storage. Kimballs is not responsible for any damage that may occur during the moving process. In addition, there will be a $20 per item per week storage fee assessed. These fees will begin on the 8th day following the auction and will need to be paid in full prior to the release of the property.
Kimballs Auction Gallery shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale.
For any property that is not picked up after ninety (90) calendar days without storage charges paid, Kimballs Auction Gallery reserves the right to resell at auction to cover the cost of storage and moving.
Returns
All property is sold AS IS, WHERE IS, with all faults and ALL SALES ARE FINAL. Returns may only be made with written authorization of Kimballs, in Kimballs sole discretion. To request a return, you must provide a written request fully explaining the basis for the return no later than ten (10) days after the date of sale. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking fee of 20% of the full invoice amount may apply. All authorized returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to Buyer at Buyers expense. Any unauthorized returns will be refused. The Buyer is responsible for all shipping costs associated with returns of an item.
Buyer's Premium
A Buyer's premium will be added to the hammer price of each lot. The buyer's premium for in-house bidding (this includes phone and absentee) is 23%. Any additional charges beyond our 23% buyer's premium have been assessed by Invaluable. Specialty auctions may have a different buyer's premium. Please ask us if you have any question as to the buyer's premium.
Condition Reports
Condition reports are usually available on request, on lots with a low estimate of $300 and above. Condition reports are answered in the order that they were received. Please understand that regardless of when you request condition information, we will not respond to the request until the week prior to the auction date. Unfortunately, we cannot guarantee that condition reports requested less than 48 hours prior to an auction will be answered.
Any condition statements are given as a courtesy to prospective buyers. Condition reports are only an opinion and should not be treated as a statement of fact.
Kimballs shall have no responsibility for any error or omission.
Any lot that has multiple pieces will not have a detailed condition report given, you may send a representative in for you. We are not responsible for any omissions in descriptions or in any condition reports, your only guarantee is to preview the items yourself, or have an agent preview for you.
Payment
Payment for items purchased is due within three (3) business days of the auction. If you bid online you must pay via LiveAuctioneers or Invaluable. We do not currently accept direct payments from online bidders. If you are a phone or absentee bidder we accept credit/debit, cash, cashier's check, or wire transfer. We do not accept Paypal.
Four (4) business days after the auction any unpaid invoices will be automatically charged to the card on file.
We accept the following payment methods:
Cash (U.S. Dollars only)
Credit Card
We accept MasterCard, Visa, or Discover.
The name on the credit card must match the name of the buyer on the invoice.
The name on the invoice cannot be changed
Credit Cards will not be accepted for invoices over $5,000.
Shipping address must match the name and address of registration
Money Order or Bank Check
Wire Transfer
Buyer is responsible for any charges or fees charged by either bank for processing a bank wire transfer.
Personal or Business Check
Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. First time buyer's that have not established credit and are paying with an out of state check will be required to wait ten business days for items to be released. There is a handling charge of $50.00 for dishonored checks. Any nonpayment or bounced checks will be prosecuted to the fullest extent of the law.
4. NON PAYMENT
If we do not receive payment in full, in good cleared funds, within three (3) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law:
a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price
b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law
c.) to cancel the sale
d.) to resell the property publicly or privately with such terms as we find appropriate.
Any invoices not paid in full within 7 days will be charged a clerical charge of $10/per week. Any invoices not paid in full within 28 days will be charged an additional $40 clerical fee on top of all other charges.
Shipping
Packing and shipping is offered via our preferred shipper, The Package Store, for all items excluding furniture. Once paid, item(s) will be picked up by The Package Store. You do not need to contact The Package Store, they will reach out to you once your item(s) have been processed. All invoices that are not paid within three (3) days of the sale will not be eligible for shipping via our preferred shipper.
Buyers assume full responsibility for the packing and shipping of lots won at auction. We have provided a list of Shippers to assist you. When arranging for a shipper, please be aware that all items should be picked up within one week of the auction unless arrangements have been made in advance with our office. Please confirm that they will be able to meet our deadline for pick-up. If your shipper isn't able to pick-up within our allotted time frame, storage charges will accrue.
PREFERRED SHIPPER Company Phone Email
The Package Store 413-282-0048 [email protected]
LOCAL DELIVERY Company Phone Email
Kimballs Auction 413-549-8300 [email protected]
LARGE FURNITURE Company Phone Email
Vintage Trucking 413-212-1252 [email protected]
Transport Consultants Int. 800-752-7002 [email protected]
Ace Exchange 646-546-1075 [email protected]
Sure Express Worldwide 877-877-0889 [email protected]
HIGH VALUE FINE ART Company Phone Email
Artex 866-407-9660 [email protected]
North South Art Transfer 978-491-9353 [email protected]
U.S. Art 800-472-5784 [email protected]
AirSea 718-937-6800 [email protected]
Sales Tax
When applicable, Massachusetts sales tax will be added to the hammer price and buyer's premium. Massachusetts sales tax is currently 6.25%.
If you have a resale certificate, you may submit it to LiveAuctioneers or Invaluable if bidding online. You may submit your resale certificate directly to Kimballs Auction ONLY if you are a phone/absentee bidder.
