Hart Davis Hart Auction Co.
[email protected] www.hdhauctions.com tel: 312.482.9996 Auction 2509 139 Taxation, Duties, and Tariff s Taxation At all times, taxation is determined by point of delivery. HDH is required by law to collect the appropriate state and local taxes from purchasers, unless the purchase is deemed to be non-taxable. All non-taxable transactions must be com- pletely documented prior to release of purchases. Buyer acknowledges and agrees to be solely responsible for all applicable excise, use, and sales tax due to any state in relation to any purchase made pursuant to the terms herein. Duties and Tariff s Property sold by HDH may be subject to Import Duties. Buyer is solely responsible for any and all Import Duties that may apply to any purchase of Property including those Import Duties in eff ect after Buyer purchases the wine and/ or alcoholic beverage but prior to the importation of the wine and/or alcoholic bever- age. Buyer cannot cancel any purchase, seek rescission of any agreement or contract, or fail to make timely payment for any purchase for any reason including but not limit- ed to any applicable Import Duties, the adoption of a new trade policy, or renegotiation or termination of certain existing bilateral or multi-lateral trade agreements. Buyer further agrees that any applicable Import Duties are not considered to be outside of Buyer’s control. Property sold at auction may be subject to laws governing exporta- tion (herein “Export Duties”). HDH makes no representation as to the legal rights of anyone to export alcoholic beverages or other Property into any state or jurisdiction. It shall be Buyer’s sole responsibility to determine – before bidding at auction – whether an export permit or license or any other government approval of any nature is required for Buyer’s purchase and to obtain any such required permit or license. The denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase. All conclusions as to applicable taxes, Import Duties, and Export Duties due and owing will be determined by HDH in its sole discretion. Buyer’s Indemnity Buyer shall indemnify, defend, and hold HDH (and its affi li- ates, shareholders, directors, offi cers, employees, and agents) harmless from any claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and expenses) incurred by reason of: (i) any breach or alleged breach of any representation or warranty herein or breach of any of these Auction Terms and Conditions by Buyer; (ii) any inaccuracy of any certifi cate, in- formation, or document delivered by Buyer pursuant to or in connection with these Auction Terms and Conditions; (iii) Buyer’s violation of applicable laws, rules, or regulations or of the rights of any third party; and (iv) any act or omission of Buyer, its agents or employees, adversely aff ecting Property. Buyer’s representations, warranties, and indemnifi cation will survive completion of the transactions con- templated in these Auction Terms and Conditions. Transfer of Title to Property Subject to fulfi llment of all the Auction Terms and Conditions set forth herein, title to the Property passes at the fall of the auction- eer’s hammer and the announcement by the auctioneer that the Property has been sold. For auctions in Illinois, title passes to Buyer in Illinois. For auctions in Delaware, title passes to Buyer in Delaware. For auctions in Hong Kong, title passes to Buyer in Hong Kong. Bidding and Bidding Errors Bids are processed and executed as a service and con- venience to Bidders. HDH shall not be responsible for any failure to execute such bids or any error relating to a bid including without limitation, errors or failures caused by: (i) a loss of connection to the Internet or to HDH’s mobile app by either HDH or Bidder; (ii) a breakdown or problems with the HDH’s mobile app; or (iii) a breakdown or problems with Bidder’s Internet connection or device. All bidding is carried out via HDH’s mobile app and auction website. In addition to real-time bidding, HDH off ers absentee bidding, either/or bidding, and various bidding tools. Absentee Bidding Absentee bids are accepted online at bid.hdhauctions.com, through HDH’s mobile app, and by e-mail (
[email protected] ). All absentee bids that are input by Bidder through HDH’s mobile app or website are entered in real-time. Bidders can make changes to their absentee bids up until the auctioneer opens the Lot for live bidding. For Bidders who require assistance entering ab- sentee bids, HDH recommends submitting bids to the Bidding Department prior to 5:00pm CT the day before each auction session. Absentee bids may be submitted to HDH’s Bidding Department the day of the auction; however, HDH cannot guarantee that these bids will be executed. Bids sent via e-mail must be submitted as an Excel document with bids listed in consecutive lot number order. In the event of a tie-winning bid, the Bidder who submitted their bid fi rst will take the Lot. The relative order of bids is determined by the time stamp that accompa- nies each submitted bid. Either/or Bidding Either/or bidding allows Bidders to place bids on a group of Lots and win only a set number of them. HDH’s platform will continue to bid on each successive Lot until the total won, if any, matches what Bidder requested. Either/or bids are accepted online at bid.hdhauctions.com, through HDH’s mobile app, and by e-mail (
[email protected] ). Bidding increments are provided as pre-defi ned increments on HDH’s mobile app and auction website. They are provided below for reference. If bids are placed on HDH’s mobile app/website or submitted to HDH’s Bidding Department with incorrect bidding increments, they will be rounded down to the closest correct increment. Bidding Increments up to $500 ..................... $20-50-80 ($220, $250, $280...) $500-1000 ....................$50 ($500, $550, $600...) $1000-2000...................$100 ($1000, $1100, $1200...) $2000-3000...................$200 ($2000, $2200, $2400...) $3000-5000................... $200-500-800 ($3200, $3500, $3800...) $5000-10,000 ................$500 ($5000, $5500, $6000...) $10,000-20,000 .............$1000 ($10,000, $11,000, $12,000...) $20,000-30,000 .............$2000 ($20,000, $22,000, $24,000...) $30,000-50,000 ............. $2000-5000-8000 ($32,000, $35,000, $38,000...) $50,000-100,000 ...........$5000 ($50,000, $55,000, $60,000...) $100,000+ .....................$10,000 ($100,000, $110,000, $120,000...) All increments subject to the discretion of the auctioneer Sellers, consignors, and their agents are strictly forbidden from bidding on their own Property. For help setting up absentee bids, either/or bids, placing spending limits, and with any other bidding questions, please visit HDH’s support page at support.hdhwine.com. PLEASE NOTE: HDH off ers bidding services at no charge, with the under- standing that any failure to execute bids or any error in doing so shall not be the responsibility of HDH or its affi liates, shareholders, directors, offi cers, employees, or agents. Auctioneer’s Authority All bids for any Lot or Property are subject to the auction- eer’s discretion. The auctioneer may refuse any bid and advance the bidding at his or her discretion. The auctioneer may put up any Lot for rebidding at any time (in- cluding after the fall of the hammer) during the auction. If during the auction, the auctioneer considers that a dispute has arisen between any Bidders, such dispute will be resolved by the auctioneer. In the event of any dispute during or after the auction, the records of the auctioneer will be conclusive, and the decision of HDH shall be fi nal and controlling. HDH shall not have any liability whatsoever for any such actions taken by the auctioneer. Payment Terms Invoices are emailed to Buyers at the close of the auction. Payment is due upon receipt of the invoice. Remittance must be made in U.S. dollars. HDH accepts payment via wire transfer, ACH, electronic check, paper check, money order, BitPay, as well as MasterCard, Visa, Discover, American Express, and China UnionPay. Payment by credit card is limited to $25,000 per invoice. Any amount over $25,000, HDH asks to be paid via wire or check. When using a credit card, Buyers irrevocably waive any chargeback rights they may have under their cardholder agreement or otherwise. Buyers who wish to pay via wire transfer should direct funds to: Northbrook Bank & Trust Company 1100 Waukegan Road Northbrook, IL 60062 SWIFT Code: NBBTUS44 Routing Number: 071926184 Benefi ciary account name: HART DAVIS HART WINE CO. Benefi ciary account number: 8701515128 Buyers should include an invoice number on all wires, ACHs, and checks. Buyers who pay their invoice, in full, via wire, paper, or electronic check by 5pm CT the Friday following the sale will receive a discount equal to 1% of the total amount of their invoice, which can be applied towards a purchase at our next sale. This discount can only be applied at HDH’s next successive sale and is non-transferable. If payment has not been received by 21 days after the close of the sale, HDH reserves the right to charge a late fee of 3% of the total Purchase Price. If Buyer’s invoice remains outstanding, additional late fees of 3% will also be charged every 14 days past the initial 21-day period. HDH also reserves the right to charge all credit cards on fi le for any amount still due after 21 days as well as any resulting late fees and other costs incurred, including credit card processing fees. Buyer’s Default and HDH’s Remedies If Buyer fails to make payment in full in good cleared funds within the time required by the Payment Terms section above, Buyer will be in default, and HDH shall be entitled in its sole discretion to exercise one or more of the following rights or remedies (in addition to any other rights or remedies available to HDH by law): - Late fees, as described above in the Payment Terms section. - Cancelling the sale. - Hold Buyer liable for the total amount due and commence legal proceedings for total amount due together with interest to the fullest extent permitted by law. - Resell Property publicly or privately on such terms as HDH sees fi t. The defaulting Buyer shall be liable for payment of any defi ciency between the total amount originally due to HDH and the price obtained upon resale as well as for all costs, expenses, damages, legal fees, commissions, and premiums associated with both sales or otherwise arising from the default.
