Hart Davis Hart Auction Co. [email protected] www.hdhauctions.com tel: 312.482.9996 138 Auction 2509 AUCTION TERMS AND CONDITIONS The following Auction Terms and Conditions (“Auction Terms and Conditions”) govern all Hart Davis Hart Wine Co. (“HDH”) auctions. By registering to bid at an auction, the registered bidder agrees to these Auction Terms and Conditions, as changed or amended from time to time. HDH may change or amend these Auction Terms and Conditions at any time, with- out notice, by posting such changes or the updated Auction Terms and Conditions at bid.hdhauctions.com. Any changes will be eff ective and binding when posted at bid.hdhauctions.com. Defi nitions As used herein, the following words have the meaning set forth below: “Bidder” means any person participating, making, or attempting to make a bid at an auction sale. “Buyer” means a person who makes the highest bid accepted by the auctioneer, except as otherwise provided in the Auctioneer’s Authority section. “Buyer’s Premium” means the commission payable by Buyer to HDH, which is nine- teen and a half percent (19.5%) of the Hammer Price. “Hammer Price” means the highest bid accepted by the auctioneer, except as other- wise provided in the Auctioneer’s Authority section. “Import Duties” means duties, tariff s, permits, rates, schedules, taxes, and pre- liminary statements or require licenses or other charges required by laws, rules, or restrictions governing importation of alcoholic beverages, as those laws, rules, or restrictions may be amended, adjusted, increased, renegotiated, replaced, or restated from time to time. “Purchase Price” mean the sum of the Hammer Price, the Buyer’s Premium, and any applicable sales or use tax. “Property” means an item off ered for sale at an auction. “Lot” means a collection of one of more items off ered for sale at an auction. “Seller” means the consignor of the Property. Bidder/Buyer Representations Bidder and Buyer represent and warrant: - That by bidding at auction Bidder has read and understands all the Auction Terms and Conditions, together with all other policies published by HDH. - He or she is at least twenty-one (21) years of age and is purchasing the Property for personal use or is a licensed reseller. - He or she understands that various jurisdictions may impose limitations on the quantity of wine, spirits, or alcoholic beverage products that Buyer may purchase and bring into their jurisdiction. He or she is aware that that various jurisdictions may require Buyer, a consignor, or shipper of wine, spirits, or alcoholic beverages to possess certain licenses or permits. - That any and all funds used to pay for any Property were not directly or indirectly obtained from any criminal activity. When Buyer is bidding on behalf of another person or entity, Buyer warrants that Buyer has no reason to believe that any funds used to pay for any Property were directly or indirectly obtained from criminal activity. - He or she is not subject to trade sanctions, embargoes, or any other restrictions on trade in the jurisdiction in which Buyer does business or in the United States. When bidding on behalf of another person or entity, Buyer warrants that the other person or entity is not subject to trade sanctions, embargoes, or any other restric- tions on trade in the jurisdiction in which that person or entity does business or in the United States. Refusal of Service HDH reserves the right and discretion to refuse anyone admission to the auction premises, refuse participation in any auction, and to reject any bid. Digital Registration To register for a bidding account, Bidders should go to bid.hdhauctions.com, the Apple App Store, or iTunes to download the HDH mobile app. New bidders should click on the “Sign Up Now” button. HDH strongly encour- ages new Bidders to register at least 48 hours before the start of the auction so as to allow enough time to answer any of Bidder’s questions. Bidders will need to provide an e-mail address to use as a username, a shipping and a billing address, a valid credit card (MasterCard, Visa, Discover, or American Express), and a daytime phone number. Every registered Bidder’s card will have a pre-authorization charge of $1,000 applied and then immediately voided. A pre-authorization charge does not transfer funds from the cardholder’s account but merely confi rms that funds are available. HDH reserves the right to request a deposit, bank references, and a written confi rmation of bids from all registered Bidders. The decision to request a deposit and its ensuing amount and format rests solely with HDH. Description of Property HDH endeavors to describe all Property as accurately as reasonably possible. HDH believes that all Property sold at auction benefi ted from proper storage before being delivered to HDH’s temperature and humidity- controlled cellar. Every bottle in HDH’s auction catalog has been inspected by HDH and described as reasonably as possible. Buyers of older and more fragile wines must make proper allowances for natural variations of ullage and general condi- tion. Wines of less than 30 years of age have been determined by HDH, based on our professional judgment, to be in generally excellent condition unless otherwise indicated. HDH’s policy is to note levels only when HDH believes that signifi cant changes in ullage have taken place since bottling. HDH does not note conditions on back labels, import strips, or tax strips. Any images of labels on HDH’s website, the auction catalog, or HDH’s mobile app are meant merely to be representations of the Property and may or may not be actual pictures of the Property. Neither HDH nor Seller shall be responsible to Buyer for errors or omissions in the catalog or in any communication by HDH. In HDH’s catalogs, wines are typically grouped by cellar and are preceded by a general heading which provides specifi c information about the provenance of the wines. The description of wine is followed by a lot number and the quantity off ered. HDH provides an estimated price range for each Lot with the estimate generally factoring in the recent auction market results for the same or comparable Property. Rarity and condition are also considered. Estimates do not include Buyer’s Premi- um or applicable taxes, Import Duties (e.g., tariff s), or other potentially applicable charges, such as storage fees. Estimates are determined in advance of an auction and therefore are subject to revision by HDH at any time. Bidders and Buyers should not rely on any estimate as a prediction of the actual selling price or value of a Property. Bidders and Buyers should not rely on estimates as a warranty or guar- antee, or as otherwise providing any guidance in determining the origin, physical condition, merchantability, fi tness for a particular purpose, size, quality, condition, rarity, authenticity or genuineness, attribution, value, importance, provenance, or previous storage conditions of any Property sold at auction. Neither HDH nor its af- fi liates, shareholders, directors, offi cers, employees, and agents shall be liable for any diff erence between an estimate for any Property and the actual price achieved at auction or upon resale. HDH has been given permission by several of the world’s leading wine critics to use their tasting notes in our catalogs. Due to space limitations, these notes have been edited. Scores from other critics (when available) may be accessed by viewing the catalog on HDH’s auction website: bid.hdhauctions.com. HDH and Seller Make No Representations or Warranties All Property is sold “AS IS” without any representation or warranty of any kind by HDH or the Seller. Any statement made by HDH, whether oral or written, whether made at an auction, in a catalog, email, tasting note, advertisement, estimate, announcement, or other communication is not a representation of fact but is a statement of opinion only. Buyer agrees that Buyer shall not rely upon any such statement by HDH in any way and that any such statement is not a warranty or representation, including but not limited to a warranty or representation of origin, physical condition, merchantabil- ity, fi tness for a particular purpose, correctness of catalog description, size, quality, condition, rarity, authenticity or genuineness, attribution, value, importance, prov- enance, previous storage conditions, or historical relevance of any Property. Neither HDH nor Seller shall be liable for any statement or description, made orally or in writing, and expressly disclaim any representation or warranty relating to any Property, including but not limited to the correctness of a catalog description including but not limited to vintage, provenance, authenticity, quality, and condition of any Property. HDH further retains the right to amend, at any time and in any manner, any description of any Property. The absence of a statement, opinion, or representation as described herein, does not imply that Property is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the Property will sell or its value for any other pur- pose. EACH PROPERTY HEREIN IS SOLD “AS IS.” BUYERS EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF OR RELATED TO RELIANCE ON HDH, SELLER, OR THE CATALOG. No Returns HDH DOES NOT ACCEPT ANY RETURNS OF ANY PROPERTY. Amending Descriptions and Withdrawing Property or Lots HDH reserves the right to amend the description of any Lot or Property by any means, whether oral or written, including by announcement or notice in the salesroom, HDH’s mobile app, or the HDH website. HDH reserves the right to withdraw any Lot or Property from auction at any time and shall have no liability for doing so. Reserve Bidding and Confi dential Minimum Unless otherwise indicated, a reserve or confi dential minimum selling price may be established on any Property or Lot. Should bidding not meet the reserve price, HDH reserves the right to enforce the reserve by bidding on behalf of Seller. Personal Liability of Bidder When making a bid, Bidder accepts personal liability to pay the Purchase Price and all applicable charges. If bidding on behalf of another person or entity, the registered Bidder assumes all liability to HDH for all purchased Property. By bidding at the auction, Bidders and Buyers agree to be bound by these Auction Terms and Conditions.
