CONDITIONS OF SALE

Property listed in our online or print catalogues will be sold by The Daguerreian Society as agent for others subject to the following terms and conditions. Clients placing bids at auction agree to pay the full purchase price of any lots for which the client is the winning bidder and further acknowledge and agree to these Conditions of Sale. The Daguerreian Society and its representatives reserve the right to amend these by notice or oral announcement at the sale.

All bids are to be per lot as numbered in the catalogue.

The Daguerreian Society reserves the right to withdraw any property for sale at any time prior to its final sale.

Unless specified, each lot is offered subject to a reserve. The Daguerreian Society does not accept reserves of more than the low estimate nor allow consignors to bid on their own items.

The Daguerreian Society 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 or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in every respect.

The “hammer price” is the price at which a lot is sold or hammered down by the auctioneer. The “purchase price” paid by the winning bidder is the aggregate of (a) the hammer price, (b) the applicable buyer’s premium, (c) applicable New York state and local sales taxes. New York state and local taxes will be collected except where sold to a purchaser outside of New York and shipped to the purchaser or the purchaser has a valid New York resale license and provides such documentation to The Daguerreian Society.

Any and all information provided by The Daguerreian Society, including all employees and representatives of The Daguerreian Society, in its catalogs, other written or oral descriptions, email or elsewhere are qualified statements of opinion. They are not intended to represent warranties or representations of any kind or nature with respect to the property or its value, merchantability, fitness for a particular purpose, or whether the purchaser acquires any copyrights. In no event shall The Daguerreian Society or the consignor be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of value.

CATALOGUES: Catalogues will be available in three formats:

  1) An on-line catalogue on www.daguerre.org.
  2) The same lots on LiveAuctioneers.com in their catalog format.
  3) Printed catalogues available the day of the auction. 

CONDITION REPORTS, for absentee bidders only, are available on request. Contact Greg French at gregfren@comcast.net, or request through LiveAuctioneers.

STARTING BIDS for absentee bidders will be published for each lot on LiveAuctioneers.

BIDDING INCREMENTS:
Up to $100 bids will be in $10 increments.
From $100-$500 bids will be in $25 increments.
From $500-$1000 bids will be in $50 increments.
From $1000-$2500 bids will be in $100 increments.
From $2500-$5000 bids will be in $250 increments.
From $5000-$10,000 bids will be in $500 increments.
From $10,000 up bids will be in $1000 increments. 

We reserve the right to revert to smaller increments during the bidding process. 

BUYER'S PREMIUM: The auction's purpose is to generate revenue for The Daguerreian Society, and its buyer's premiums are below the norm.

• Premium for floor bidders, or absentee bidders not bidding through LiveAuctioneers: 12% of purchase price.
  

• Premium for all LiveAuctioneers bidders: 17% of purchase price. The additional 5% only covers our fees to LiveAuctioneers.

SELLER'S COMMISSION OF 10%. Likewise, this benefits The Daguerreian Society and is below the norm.

BUY-IN FEE OF 5%. This only applies to items auctioned with reserves. The buy-in fee for lots unsold is 5% of the reserve, with a maximum of $200. For example, if a consignor reserves an item for $600 and it is unsold, the fee will be $30. For an unmet reserve of $2000, the fee will be $100. For an unmet reserve of $4000 or more, the fee would be $200 (i.e. the maximum).

BIDDING USING LIVEAUCTIONEERS.COM: On-line, live bidding and absentee bidding will be available through LiveAuctioneers.com. See this page for help registering and bidding in the auction on line.

ABSENTEE BIDDING: As a service to clients unable to attend the Sale in person, we accept absentee bids in advance of the sale. All bids must state the highest bid price the bidder is willing to pay. “Buy” bids are not accepted. The Daguerreian Society accepts no responsibility for failure to execute such bids or any errors contained in submitted bids.

We run these auctions with the utmost integrity. All bids will be competitively bid with total discretion, in increments against other real bids. 

Absentee bids may be placed either by contacting Greg French, or by placing an absentee bid through LiveAuctioneers.com. Absentee bids placed through Greg will be executed the night of the auction. Note that absentee bids placed through LiveAuctioneers are subject to the premium for LiveAuctioneers bidders.

Contact Greg French at 617-522-3610 (until Friday, October 21, 2016, 6:00PM Eastern Daylight Time) or by emailing Greg at gregfren@comcast.net (until the absentee bidding deadline). Email is preferred as it provides a timestamped record of your bids. The deadline for submitting absentee bids to Greg is Sunday, October 16, 2016, 6:00 PM Eastern Daylight Time.

In order to place an absentee bid through LiveAuctioneers you must be approved to bid on line for the auction. You can submit an absentee bid through LiveAuctioneers even during the auction, up to 10 lots ahead of the item currently up for auction. Submitting an absentee bid does not require preregistration for the auction, but does require approval as a bidder before your bid will be accepted. Bids submitted too late for approval will not be accepted or placed -- you are strongly advised to register well ahead of the auction. You can retract an absentee bid submitted through LiveAuctioneers up to two hours before the auction begins. This video gives more details on how to place an absentee bid with LiveAuctioneers and its rules for absentee bidding.

PAYMENT: All items are to be paid for by cash, Visa, PayPal, wire transfer, cashier’s check, personal check with approved credit. The Daguerreian Society reserves the right to hold items paid for by personal check until the check has cleared the bank. Buyer agrees to pay The Daguerreian Society $50 for any returned check. Invoices are due upon receipt. Merchandise is shipped only after full payment has been received. An additional fee of 3% is charged if paying by credit card, and 4% if paying by PayPal.

Purchases that have gone unpaid twenty (10) business days after the sale are subject to any or all of the following: (a) late charge of five percent (5%) of the total purchase price per month; (b) cancellation of the sale; (c) rescindment of bidding privileges at future auctions; (d) Initiation of legal proceedings to collect the entire debt including original purchase price, late charges, and legal fees and costs to the fullest extent permitted by law; and (e) any other action or actions The Daguerreian Society Galleries finds necessary and appropriate.

COLLECTION: Purchases must be removed Saturday evening (the evening of 10/22/2016) after cleared payment, unless shipping instructions are received by The Daguerreian Society. If not removed, property will be held at the sole risk of the purchaser and no responsibility is assumed if such goods are lost, stolen, damaged, or destroyed. The Daguerreian Society reserves the right to store unclaimed purchases at its discretion and assumes no liability for any damages incurred after the sale.

In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred. Each buyer must pay for the whole of his purchases before any lot can be removed.

SHIPPING is available for absentee and LiveAuctioneers buyers ONLY. Such buyers are responsible for all charges to package, ship and insure their purchases. Total shipping costs charged will include a packing fee of $35 for the first item and $5 for each additional item, plus carriage and insurance. 

The Daguerreian Society can arrange shipping and will ship property via USPS, UPS or FedEx. 

The Daguerreian Society assumes no liability for any damages incurred during shipping and will not be responsible for any loss of damage resulting from the shipping in excess of the amount of insurance. Property is shipped only after payment has cleared. 

 If purchased property cannot be delivered in the same condition as at the time of sale, due to fire, theft, loss or any other reason, The Daguerreian Society liability will be limited to the sum actually paid by the purchaser. In no event, will compensatory or other damages be included.

SPECIAL NOTE TO NON-US BUYERS: All customs declarations will reflect the full invoice value. Any resultant duties, tariffs and/or taxes are the sole responsibility of the buyer.

AUCTION COMMITTEE: