1. Applicable Terms and Conditions Each lot in this catalog will be offered for sale subject to the terms and conditions set forth herein, as amended or supplemented by consistent provisions (a) written in other places in this catalog, (b) in written supplements to this catalog or other written material prepared by us , and (c) as stated by the auctioneer or posted in writing at the time of auction, prior to a bid being accepted for the lot. In offering property for sale, we are acting solely as agent for the consignor, unless otherwise indicated in this catalog or at the time of auction. By bidding at the auction, whether in person, through an agent, by written bid, by telephone bid, or by other means, the buyer and all bidders agree to be bound by these terms and conditions, as changed or supplemented as provided in this paragraph.
The use of "we" , "us" , "our" , "ERI" , "Edward Roberts International" , or "Edward Roberts" in this catalog refers to Edward Roberts International, LLC, an Illinois limited liability company and the use of "buyer" refers to the person or entity buying property through the auction or at a private sale. "Terms and Conditions" refers to these terms and conditions, as changed or supplemented in the ways mentioned in Section 1 above. The "consignor" refers to the seller(s) and any party(ies), acting as agent for the seller(s) in consigning the Property to us for sale. A "lot" refers to the lot in which Property is grouped by us. "Property" refers to each item of property listed for sale through auction or by private sale. The "reserve" refers to the minimum price at which the property is to be sold, and does not include commissions or taxes, if any.
3. Warranty Information, Buyer's Remedies
(a) ALL PROPERTY IS SOLD "AS-IS", AND NEITHER WE NOR THE CONSIGNOR MAKE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS. EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, EXCEPT AS TO WARRANTY OF TITLE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY US AND THE CONSIGNOR
(b) NEITHER WE NOR THE CONSIGNOR MAKE ANY REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE FOLLOWING CHARACTERISTICS OF THE PROPERTY: AGE, AUTHENTICITY, GENUINENESS ATTRIBUTION, PROVENANCE, PHYSICAL CONDITION, IMPORTANCE, SIZE, QUALITY, QUANTITY, PARITY, VALUE, HISTORICAL REFERENCES OR SIGNIFICANCE, MATERIAL, SOURCE OR ORIGIN.
(c) All information in the catalog or elsewhere, concerning the characteristics mentioned in (b) above, is offered to the bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable. This disclaimer of liability on our part applies whether the information is included in the catalog, advertisements , announcements, or communicated through our representatives, bill of sale or elsewhere, and whether written or oral.
(d) Neither we, nor the consignor, shall be responsible for ensuring the correctness or accuracy of descriptions or other information in this catalog or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the Property to its, his or her complete satisfaction prior to any purchase. The bidders and buyers must make an independent judgment about (1) the Property, (2) its value, and (3) descriptions or other information about the property. We may, without in any way diminishing the disclaimers of liability contained in this Paragraph and elsewhere, mention in the description of the lot, significant damage, although this does not include all faults, imperfections and restorations. No such condition report is provided on lots whose low estimate is less than $500.
(e) Neither we nor the consignor make any warranty or representation, express or implied, concerning any rights or copyright or reproductions in, to or of the Property.
(f) The estimates provided in this catalog are merely our opinion of the price that a willing buyer would pay for the Property at auction. The actual price that might realized at auction or upon sale of the Property may be substantially different from these estimates. We shall not be liable in any way for such estimate or differences in the final selling price.
(g) If there is any breach of a warranty of title, buyer's sole remedy shall be to rescind the sale and receive a refund of the purchase price, including the buyer's commission. This means that neither we, nor the consignor, shall have any liability for other damages, such as but not limited to , direct, indirect, special, incidental or consequential damages. No refund will be made until the Property is returned at buyer's expense to the premises of Edward Roberts International, LLC or where the Property was purchased in the same condition as the Property was in at the time of the sale. We act only as a agent for the consignor and make no independent warranty of any kind.
4. The Auction
(a) All persons attending the auction must be at least
21 years of age and must register and obtain a bidder's paddle prior to bidding. The Auctioneer may refuse to recognize any person without a bidder's paddle.
(b) All terms, conditions, notices, descriptions, statements and other matters in the catalog and elsewhere concerning any lot may be changed or added to by the Auctioneer, prior to any bid being accepted for the lot.
(c) A lot shall be sold to the highest bidder determined by the Auctioneer, subject to these Terms and Conditions. Title to the lot shall pass upon the fall of the Auctioneer's hammer. The buyer shall be obligated to pay the purchase price, including the buyer's premium, if any, and applicable taxes, as set forth in these Terms and Conditions. Upon the passing to buyer, buyer assumes all risk and loss and damage to the Property and all responsibility with respect to the Property, such as but not limited to, the obligations, costs and expenses for handling, shipping, insurance, taxes and export of the Property.
(d) The Auctioneer has the right to: (1) reject any bid, (2) refuse to acknowledge any bidder, (3) challenge bids, (4) withdraw a lot from sale or pass the lot, (5) reject any advance in the bidding if the Auctioneer deems it insufficient, and (6) otherwise regulate the bidding and its increments. In the event of a dispute among bidders, the Auctioneer has the absolute right to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, Edward Roberts International, LLC sales records shall be deemed conclusive. We also reserve the right to divide any lot and to combine two or more lots. the discretion of the Auctioneer as described in this Paragraph 4 may be fully exercised in the absolute discretion of either Edward Roberts International or the Auctioneer, without liability of any kind on the part of Edward Roberts International, LLC or the Auctioneer.
(e) The purchase price to buyer for the lot shall be
(i) the amount of the successful bid price, plus (ii) a premium of 19% of the successful bid price. In addition, the buyer shall pay all applicable sales, use, excise and other taxes, whether federal, state or local. Only valid resale certificates will be accepted as proof of exemption for U.S. dealers. All foreign buyers should contact Edward Roberts International, LLC about tax matters. Purchases will not be released to a buyer unless all tax requirements are satisfied. Payment for accommodation services, such as packing, handling, insurance, shipping or other services requested by the buyer shall be made as provided in Paragraph 5 below.
(f) Cash, money order, bank checks, credit cards
(Visa and MasterCard) and personal checks with a valid driver's license are accepted. Lots will not be released until the full amount of all charges has been paid, unless otherwise agreed by us in writing. The following should be noted:
(1) When paying cash, payments should be made to the appropriately designated representative of Edward Roberts International, either during or after a sale;
(2) When paying by check, checks should be made payable to "Edward Roberts Internationalâ€ for the total amount due. If payment is made by mail, please insure that the sale number is written on the check. We reserve the right to withhold delivery of the Property to buyer until funds represented by check have been collected or credited or the authenticity of bank or cashier's check has been determined. Payment will not be deemed to have been made until we have collected funds represented by checks or other instruments. Checks drawn by third parties will not be accepted.
(3) When paying by bank transfer, all transfers must state relevant sale number, lot number, and the buyer's bid number. If converting from a foreign currency, the amount we receive must, after deduction of any bank or other charges, be the full amount due in U.S. Dollars. Please call 847.295.8696 to facilitate bank transfer information.
5. Removal of Property, Late Charges, Work of Others
(a) No purchase may be claimed or removed until it has been fully paid for, unless otherwise agreed by us in writing. Also, unless a different arrangement is confirmed in writing by us, all lots shall be paid for and removed at the purchaser's risk and expense no later than 5 P.M. within two business days after the sale. When full payment is received, the buyer will receive a "Delivery Order." This is buyer's proof of payment and must be presented when collecting purchases.
(b) After 30 days, a storage fee of $5 per day, per lot will be charged on lots not removed by 5 P.M. within two business days after the sale. In addition, an administrative fee of $45 will be charged on each lot not removed within 28 days of the sale. We reserve the right to charge a late payment fee of 1 1/2% per month on the purchase price if payment is not received on time as provided in these Terms and Conditions. We also reserve the right to place Property in public storage, in which case buyer shall be charged the amount of such storage, and other reasonable costs associated with storage of the Property.
(c) Any packing, handling, insurance, shipping or other services, which we agree to provide or arrange for, are recommended or furnished only as a courtesy to buyer. All costs and risks associated with such services shall be fully assumed by the buyer. The costs of such services shall be paid in advance or promptly reimbursed to us, at our discretion. We shall not under any circumstances be liable for acts or omissions of packers, handlers, carriers or others, even if their acts of omissions result in loss or damage to Property.
(d) Bidders considering export of the Property should familiarize themselves with relevant import and export regulations of the countries concerned. It is the buyer's sole responsibility to comply with these laws and to obtain any necessary export or import licenses. Failure to obtain a license or delay in doing so shall not constitute a basis for rescission or cancellation of a purchase or delay in making payment for a purchase. Bidders should be aware of limitations and restrictions imposed by various states regarding importation of alcoholic beverages that have been purchased at auction and brought into that state's jurisdiction from another state. It is the responsibility of the buyer to investigate, apply, obtain, and comply with special permit or license requirements prior to collection or shipment of wines purchased at auction from Edward Roberts International. Edward Roberts International assumes no obligation or responsibility for obtaining permits or licenses on behalf of the purchaser prior to shipment. Bidders are urged to familiarize themselves with their respective states' importation statutes prior to bidding at auction to determine if, when, and how wines may be delivered from the State of Illinois, while remaining in compliance with existing statutes.
6. Buyer's Breach
(a) If buyer fails to comply with any of its obligations, buyer will be in default. In that case, the buyer will be liable for the full purchase price, including fees and charges. In addition at our option, we may (1) cancel the sale of the lot(s) on which buyer is in default and all other lots sold to buyer, and keep all payments made by buyer as liquidated damages, (2) resell the lot(s) at private or public sale, without reserve, and (3) exercise any other rights given by law. In any event, we shall be entitled to recover from the defaulting buyer any amounts that remain due us on the purchase price, together with all fees and charges. We shall also be entitled to recover all damages, including costs of collection incurred in connection with buyer's default. These costs of collection include, but are not limited to, handling charges, normal sales commissions and expenses (on both the sale for which buyer defaulted, and on any resale), and attorneys' fees and expenses.
(b) As security for full payment to us of all amounts due from buyer, Edward Roberts International possession or coming into our possession. We may apply such money or deal with such property as the Uniform Commercial code or other applicable law permits a secured creditor to do. This security interest shall cease upon actual physical delivery of the property to buyer or buyer's agent.
7. Absentee Bids
As a convenience to buyers who cannot attend a sale in person, Edward Roberts International may, if so instructed, execute written absentee bids on a buyer's behalf, without additional cost. Absentee bidders are required to submit bids on the
"Absentee Bid Form", a copy of which is printed in the catalog or otherwise available from Edward Roberts International. The buyer must clearly indicate the maximum amount buyer intends to bid, excluding the buyer's premium. "Buy" bids will not be accepted. For bidders requesting the opportunity to bid by telephone on lots estimated over $500.00, we reserve the right to have a completed telephone bid form on file prior to any such bidding. We also reserve the right to require written confirmation of a successful bid from the telephone bidder, by facsimile or otherwise, immediately after such bid is accepted by the Auctioneer. Telephone bids may be recorded, and by bidding on the telephone, bidder consents to a recording of the conversation. Absentee bids, whether written, executed by telephone, or otherwise, are an accommodation for the buyer, and we will not be liable for errors, omissions or failure to execute bids. Lots are bought for absentee bidders at the lowest price permitted against other bidders and the reserve.
8. Private Sales
These Terms and Conditions shall also apply to any private sale by us of Property.
9. Rescission by Edward Roberts International
If an adverse claim is submitted with respect to Property purchased by a buyer, we shall have the right, but not the obligation, to rescind the sale. Upon notice of or election to rescind the sale, the buyer will promptly return the Property to our warehouse in the same condition as at the time of purchase. We will then refund the purchase price and buyer's commission. The refund shall constitute the sole remedy and recourse of buyer against us and the consignor with respect to such claim.
10. Limitation of Liability
We are acting as agent only in connection with sale of Property. We disclaim any responsibility for a breach or default by the consignor, except as specifically stated above. In no event will our liability for any breach, act or omission (including, but not limited to any breach of a warranty of title) exceed the purchase price actually paid by buyer. BUYER AGREES THAT WE SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY TO (i) THE PROPERTY OR ITS PURCHASE, SALE, DELIVERY OR NON-DELIVERY OR (ii) THE ACTS OR OMISSIONS OF US OR OUR AGENTS, REPRESENTATIVES, AFFILIATED, OFFICERS, DIRECTORS OR EMPLOYEES.
11. Governing Law, Jurisdiction, Venue
The laws of the State of Illinois (excluding conflicts of laws rules) shall be used to interpret the meaning of these Terms and Conditions. By bidding at an auction or otherwise purchasing Property, whether personally or by an agent, and whether physically present at the auction or bidding by way of written, telephone, electronic or other bid means, BUYER CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF ILLINOIS HAVING SITUS IN THE COUNTY OF COOK, BUYER ALSO AGREES THAT ANY LAWSUIT BUYER MAY BRING AGAINST EDWARD ROBERTS INTERNATIONAL WILL ONLY BE BROUGHT IN THE COURTS OF THE STATE OF ILLINOIS HAVING SITUS IN THE COUNTY OF COOK.
Any provision of the Terms and Conditions may be waived by us, provided that such waiver is in writing signed by one of our duly authorized officers. A waiver on one occasion shall not be a waiver on any other occasion, nor shall any waiver of one provision affect our ability to insist on strict performance by buyer of all other provisions.
13. Contact Information
If you need further information or have any questions about these Terms and Conditions, or any other provisions applicable to a sale please call us at 1.847.295.8696. Facsimile number is 1.847.295.8697, electronic mail is firstname.lastname@example.org, our Web Site is www.eriwine.com.
Limitation on Importation
Bidders should be aware of limitations and restrictions imposed by various states regarding the importance of alcoholic beverages that have been purchased at auction and brought into the state's jurisdiction from another state. It is the responsibility of the purchaser to investigate, apply, obtain and comply with special permit or license requirements prior to collection or shipment of wines purchased at auction from Edward Roberts International, LLC. Edward Roberts International, LLC assumes no obligation or responsibility for obtaining permits or licenses on behalf of the purchaser prior to shipment. Bidders are urged to familiarize themselves with their respective states' importation statutes prior to bidding at auction to determine if, when and how wines may be delivered from the State of Illinois, while remaining in compliance with existing statutes.
Collection of Wine
Wine may be picked-up at The Lockup by appointment. Twenty-four hour notice is requested. Wine will not be released until payment has been received and funds have been cleared. The purchase transaction shall be deemed to be consummated upon release of the wine to Buyer. Please contact Edward Roberts International at 847.295.8696 to make an appointment.
Shipping and Taxation
Packing materials will be at the purchaser's expense, and must be prepaid. There is a $12 per lot packing fee. You may make shipping arrangements for your purchase once payment is received and funds have been deposited in our account. Please allow five business days notice when arranging or anticipating shipment in the United States an two weeks for states and territories outside the continental United States, as well as for international shipments. The latter may require customs documentation. Any related fees are the purchaser's sole responsibility. Please contact Edward Roberts International at 847.295.8696 with any questions.