Terms of Sale
Terms of Sale
Trudel’s Auction Gallery & Estate Services is requested to enter bids on the following items up to the price stated. I understand that if my bid is successful, the purchase price payable will be the aggregate of the final bid and a premium of 20% of the final bid. In addition, I shall be responsible for any state or local sales tax or compensating use tax.
I also understand that Trudel’s Auction Gallery provides this service of executing bids on behalf of clients for the clients' convenience and that Trudel’s Auction Gallery will not be held responsible for failing to execute bids or for errors relating to its execution of bids.
All bids shall be treated as offers made on the terms of the Limited Warranty, absence of other warranties and conditions of sale printed in the catalogue.
To ensure that all bids will be accepted and that delivery of items is not delayed, intending buyers should supply bank or other suitable references to Trudel’s. These references should be supplied in good time to be taken up before the sale.
DETAILS OF TERMS AND CONDITIONS FOR BIDDERS:
1. The word “Trudel’s”, wherever used in these conditions of sale, means Trudel’s Auction Gallery.
2. Trudel’s and the consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property sold (that is, the identity of the creator or the period, culture, source of origin, as the case may be) All property is sold “as is” and neither Trudel’s nor the consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, attribution, provenance or condition of the property and no statement made at the sale or in the bill of sale or invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability.
3. Trudel’s reserves the right to withdraw any property at any time before actual sale.
4. If one is unable to attend the sale in person, Trudel’s will execute bids without charge and without responsibility for errors and subject to the Conditions of Sale. Telephone bids are accepted at the sender’s risk and must be confirmed by letter or in person prior to the sale.
5. If an item or items are consigned to our Auction with a reserved bid, if the item does not sell, there will be a 10% fee of the reserved amount . (example: an item has a reserve of $100.00, the fee would be $10.00). Any reserve are on items of $100.00 or more. We do not recommend reserves since people generally will not bid on items that have reserves, so why waste your money.
6. Trudel’s reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and re-sell the article in dispute. If any dispute arises after the sale, Trudel’s sale record shall be conclusive in all respects.
7. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale; and, if having acknowledged an opening bid, he decides that any advance thereafter is not of sufficient amount, he may reject the advance.
8. On the fall of the auctioneer’s hammer, title to the offered lot or article will pass to the highest bidder who, thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore or such part as Trudel’s may require. All property shall be removed from Trudel’s by the purchaser at his/her expense not later than three days following its sale and, if not so removed, may be sent by Trudel’s to a public warehouse for the account, risk and expense of the purchaser. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Trudel’s and the consignor by law, including without limitation the right to hold the purchaser liable for the bid price, Trudel’s, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) re-sell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and Trudel’s commission at its regular rates and all other charges due hereunder and incidental damages.
9. A premium of 20% will be applied to all merchandise sold, to be paid by the buyer as part of the purchase price.
10. Unless exempted by law from the payment thereof, the purchaser will be required to pay the Massachusetts State Sales Tax. The rate of such tax is 6.25%.