FALL ESTATES AUCTION

All property offered and sold through All Country Estate Sales, LLC. ("ACES" "ACES Gallery") shall be offered and sold on the terms and conditions below. By bidding at the auction, whether present in person or by agent, by written bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.

1. ALL ITEMS ARE SOLD "AS IS" - ALL SALES FINAL - and neither the auctioneer nor any consignor makes any warranties or representation 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, authorship, attribution, provenance, period culture, source, origin 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 of representation or an assumption of liability. Descriptions, condition reports, and photographs are statements of opinion only. Buyers are strongly encouraged to inspect property prior to bidding. Failure to inspect shall not constitute grounds for rescission or adjustment.

2. RESERVES - Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and ACES below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of ACES will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.

3. SALE - Except as provided in paragraph 2 above, on the fall of the auctioneer’s gavel or verbal declaration of the same, the highest bidder as determined by the auctioneer shall be the purchaser and good and clear title shall pass to them. Risk of loss passes to the buyer upon title transfer, regardless of whether the property has been collected or shipped. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, refuse to acknowledge any bidder, nullify bids, or eject any person from the Auction premises. In the unlikely event of a loss of internet or phone connection we reserve the right to cancel or discontinue the auction.

4. BUYER'S PREMIUM - A buyer’s premium, calculated on the final bid price, will be applied to each lot sold, to be paid by the buyer as part of the purchase price. 
The buyer’s premium amount is dependent upon the method of bidding AND payment:

WHEN PAYING VIA CASH, CHECK, WIRE TRANSFER, or ZELLE (1) Property purchased via a telephone or absentee bid placed directly with ACES Gallery is subject to a 23% buyer’s premium; (2) Property purchased via Drouot is subject to a 26% buyer’s premium; (3) Property purchased via Live Auctioneers is subject to a 28% buyer’s premium; (4) Property purchased via Invaluable is subject to a 28% buyer’s premium, with minimum surcharges and/or maximum premium discounts applicable on a per-lot basis as per Invaluable’s Terms and Conditions. Premiums advertised on partner websites typically include their charges AND this discount but may not include additional processing fees charged by that site.

WHEN PAYING VIA CREDIT CARD: The above referenced buyer’s premiums reflect a 4% cash discount available to all bidders, regardless of bidding method, for payments made by Cash, Wire, ACH, Zelle, or Check. Payments made directly to ACES Gallery by card are charged 27% (in house bidder) 30% (drouot bidder) and 32% (LiveAuctioneers & Invaluable Bidders)

— YOU MAY BE ABLE TO SAVE UP TO 10% BY BIDDING WITH US DIRECTLY AND PAYING CASH —

5. SALES TAX - All purchases are subject to a Connecticut State sales tax of 6.35% unless (1) the buyer is an out of state resident and lots are being shipped out of Connecticut or (2) the purchaser has a valid tax resale certificate (an actual resale certificate must be presented and on file with ACES Gallery).

6. PAYMENT - ACES Gallery DOES NOT ACCEPT Credit Card Payments for Gemstones, Jewelry, or Precious Metals. ACES Gallery DOES NOT ACCEPT international credit cards, or payment via credit card for goods being shipped internationally. Acceptable payment methods include: Cash (in house only); ACH Transfer; Zelle Transfer; Bank Wire Transfer; Money order; certified check; or approved personal or business check with proper identification. Credit cards may be accepted for invoices totaling $2,000 or less. We reserve the right to hold item(s) until checks are clear. International wire transfer invoices are subject to a $50 bank fee.

Payment in full is due within five (5) business days of the auction close unless otherwise agreed to in writing. Failure to remit payment within this time frame may, at ACES Gallery’s sole discretion, result in cancellation of the sale, forfeiture of the lot(s), resale of the property, and/or suspension of bidding privileges. The buyer shall remain liable for any deficiency between the original hammer price and any subsequent resale price, plus associated fees and costs. The buyer agrees not to initiate any chargeback or payment dispute for any reason inconsistent with these Terms & Conditions. In the event of a chargeback or reversed payment, the buyer remains fully liable for the purchase price, buyer’s premium, taxes, fees, and any associated collection or legal costs incurred by ACES Gallery.

7. AUTOMATIC CHARGE - Buyers with payment information on file may have that payment information auto-charged 72 hours after auction close.

8. COLLECTION - COLLECTION IS “BY APPOINTMENT - Items offered in the auction will be made available for buyers to collect for a period of three (3) weeks following the auction, after which time remaining material will be packed and moved to ACES Gallery’s secure storage facility at the risk and expense of the buyer. Packing and loading are the responsibility of the buyer. While ACES Gallery may help, it shall not be held liable for any damage resulting from such action. ACES Gallery will not be responsible for damage to or loss of items after the sale.

Unless prior arrangements have been made in writing, items not picked up after twenty-one (21) calendar days will be subject to a moving and packing charge, plus a $10 per day, per lot storage fee, commencing on the 22nd day.

Unless prior arrangements have been made in writing, any property remaining in ACES Gallery’s possession for more than ninety (90) days after the auction date shall be deemed abandoned. Abandoned property may, at ACES Gallery’s sole discretion and without further notice to the buyer, be resold, donated, discarded, or otherwise disposed of. Proceeds, if any, may be applied toward outstanding balances, storage fees, or other charges, and any excess shall be forfeited. The buyer waives all rights, title, and interest in such abandoned property.

9. SHIPPING - Shipping is the responsibility of the purchaser. Upon request, our staff will provide a list of shippers who deliver to destinations within the United States and overseas. Buyers must contact the shipping company directly after the auction to arrange shipment and payment for shipping. We require a written emailed release in order to have items ready for pickup.

Some property that is sold at auction can be subject to laws governing exports from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.

10. DAMAGE IN TRANSIT - Any damage that occurred during shipping is the responsibility of the shipper. All items must be signed off on by the shipper before leaving our facilities confirming condition is as stated in the catalog.

11. ACCEPTANCE OF TERMS - Bidding on any item constitutes your acceptance of these Terms & Conditions of Sale and all other terms printed within, posted, and announced at the time of the sale whether bidding in person, through a representative, by phone, by internet, by absentee bid, or by any other means.

12. LIABILITY - In no event will the liability of ACES Gallery to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. The failure of ACES Gallery to enforce any provision of these Terms & Conditions shall not be deemed a waiver of such provision or of the right to enforce it thereafter.

13. BIDDER CONDUCT & AUCTION INTEGRITY - All bidders are required to participate independently and in good faith. Bidders shall not engage in collusion, bid suppression, bid manipulation, fraudulent bidding activity, interference with other bidders, or any other conduct intended to compromise the fairness or integrity of the auction.

ACES Gallery reserves the right, in its reasonable discretion, to reject or disregard any bid, refuse or limit a bidder’s participation, withdraw or reopen a lot, cancel or rescind a sale, cancel an invoice, refuse release of property, or suspend or permanently revoke bidding privileges when ACES Gallery has reasonable grounds to believe that fraud, collusion, manipulation, prohibited bidding conduct, or another material violation of these Terms has occurred.

14. BUYER DEFAULT & REMEDIES - A buyer shall be deemed in default upon failure to comply with these Terms & Conditions, including, without limitation: failure to make timely payment; failure to timely collect purchased property; violation of Section 12 concerning Bidder Conduct & Auction Integrity; providing false or misleading information; unauthorized payment activity; failure to comply with applicable law; or any other material breach of these Terms.

In the event of Buyer Default, ACES Gallery may, to the extent permitted by applicable law and in its reasonable discretion, exercise one or more of the following remedies: cancel or rescind the sale; cancel any invoice; withhold or refuse release of the property; resell the property publicly or privately; apply payments received against amounts lawfully due; recover any resulting deficiency together with reasonable storage, handling, collection, administrative, and legal expenses; and suspend or permanently revoke the buyer’s bidding privileges.

The remedies provided under these Terms are cumulative and the exercise of one remedy shall not preclude ACES Gallery from exercising any other remedy available under these Terms or applicable law.

15. GOVERNING LAW & VENUE - These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut. Any dispute arising from or related to this sale shall be brought exclusively in the state or federal courts located within the State of Connecticut, and the parties hereby consent to such jurisdiction.

16. VALIDITY - No invalidity or partial invalidity or unenforceability of any provision provided herein shall affect or impair the validity or enforceability of any other provision hereof.