The Elemental Garden

**Pick up and shipping is the responsibility of the buyer. All items must be removed by June 4, 2024. Most items in this sale are located at 259 Main Street South, Woodbury, Connecticut. Email info@newenglandauctions.com for a pick up appointment.**

Terms and Conditions

The following Terms and Conditions of Sale represent an agreement between New England Auctions, representing its consignors, and the bidder regarding any items being sold. Bidding on an item indicates your understanding and acceptance of the following Terms and Conditions.

BIDDING INFORMATION

1) New England Auctions runs live and online auctions, at times concurrently. All purchases represent a contract of sale between the winning bidder and New England Auctions. New England Auctions makes every effort to execute all bids. New England Auctions cannot be held responsible for missed bids or failure to execute your bid. New England Auctions cannot be held responsible for internet issues or outages as it may affect an auction. At New England Auction's discretion, we reserve the right to not accept a bid or to withdraw an item for any reason. The buyer will be the highest bidder as acknowledged by the auctioneer, who has sole discretion. Any dispute over the auction process is decided solely by New England Auctions and will be deemed final and binding. It is the sole responsibility of the bidder, particularly regarding online bidding, to pay careful attention to the process. New England Auctions will not refund or rescind a sale in which the winning bidder claims to have won a bid mistakenly or unintentionally. If you accidentally win a lot, you are still liable for payment as we are liable to the consignor. Non-paying bidders or bidders that do not abide by these terms will not be allowed to bid at future auctions and may jeopardize their ability to participate in Live Auctioneers, Invaluable or Bidsquare auction sites. First-time bidders at our auction may be required to register with us and must present a valid license or form of ID along with a physical address that matches the bidder’s identity. Arrangements can be made to bid on your behalf as an absentee bidder or to execute phone bids. All absentee and telephone bidders are required to sign, agreeing to our terms and provide credit card information. Phone bids are offered on a first-come, first-served basis and must be arranged in advance of the sale days. All telephone bids are subject to a minimum opening bid of $250. for calls within the USA and $500. for international calls. Phone bids must be arranged by 3pm the day prior to an auction. Absentee bids must be in written form and completed two hours prior to an auction. A form for absentee bids can be accessed on newenglandauctions.com.

Non-paying bidders or bidders that do not abide by these terms will not be allowed to bid at future auctions and may jeopardize their ability to participate in Live Auctioneers, Invaluable or Bidsquare auction sites.

GUARANTEES

2) There are no warranties of any kind, including but not limited to representations of age, origin, condition, restoration, dimensions, authenticity, provenance, or authorship. Any condition reports, artist, authorship that are part of an item's description are the opinion only of New England Auctions and do not represent facts or guarantees that may substitute for research and inspection of items by the bidder. New England Auctions makes no guarantees that any item of a mechanical nature, ie. clocks, watches, music boxes, slot machines, wind-up toys, etc., is in working condition when it leaves our premises, regardless of whether it was working prior to the auction. All rugs are strictly sold ‘as is’ with no guarantees to age, origin or condition. There will be absolutely no refund on rugs. Fine jewelry is guaranteed only regarding gold content and authenticity of diamonds. Authenticity and grade of diamonds and all other stones are not guaranteed. New England Auctions makes every effort to describe items being auctioned accurately, however, written and oral descriptions should in no way be considered a guarantee or accurate. There are inherent imperfections in old and antique items. Any estimates listed with auction items are solely based upon an approximation of the range within which an item may sell for, as determined by New England Auctions, and in no way represents the value or selling price of those items. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items, or that you have chosen not to examine them. We encourage in-person inspection as well as questions or requests for additional information or images. New England Auctions will not be held responsible for any errors or omissions pertaining to items listed in the catalog. It is the sole responsibility of the bidder to inspect an item prior to bidding to determine size, condition, authenticity and whether there has been restoration or repair. All items are sold as-is, where-is. We do not accept returns and do not give refunds. All sales are final. 

DISPUTES

3) Any dispute of the authenticity, age, condition, or authorship of an item, after the sale, must be made within 14 consecutive days of the auction sale date. Written and signed testimony in dispute must be presented within 21 consecutive days of the sale date from at least one recognized expert, agreed upon by the auctioneer, of the artist or object in question. Judgment by an expert based on images is not acceptable. Negative judgement must be absolute, not "possibly", before there is any rescinding of the sale of a disputed item. Disputed item must be received at our Branford location in the original condition that it was sold, within 30 consecutive days of the sale date. Any damage or alteration, shipping damage, cleaning, however minor, will disqualify an item for a refund. The agreement to rescind the sale is at the sole discretion of New England Auctions. If agreement is made, New England Auctions will refund the buyer an amount of the purchase price plus sales tax, if applicable. New England Auctions will not reimburse for any shipping or delivery costs associated with the return of the said item. By bidding with New England Auctions the bidder agrees to these terms regarding returns.

PAYMENT

4) Successful bidders will be notified within two business days of the end of the auction. Most invoices are sent via email on the first business day following an auction. Successful bidders are required to contact New England Auctions to confirm receipt of invoice(s) and to arrange for payment within five business days after the auction. Arrangements for shipping/pickup must be made within ten business days after the auction. A late fee charge of 5% of the invoice total will be charged for payments past due. First time buyers who pick up at the gallery must pay by cash. Credit card payments will include a 3.8% surcharge. A $25 fee will be added to the invoice total for wire transfers. All international bidders must pay by wire transfer. Payments by check must be made out to New England Auctions. and mailed to: New England Auctions, 14 Business Park Drive - Unit 5, Branford, Ct 06405. 

BUYER'S PREMIUM

5) The hammer price, as executed by the auctioneer, is the final sale price. A buyer's premium of 25% is added to all hammer prices of lots purchased through New England Auctions internet platform or in-house absentee, phone bidding or live bidding. A buyer’s premium of 28% will be added to the hammer prices for lots purchased through the Live Auctioneers, Bidsquare and Invaluable internet platforms. Sales tax and credit card fee, if applicable, are added to the hammer price and, along with the buyer's premium, constitute the total final purchase price.

SALES TAX

6) All sales are subject to Connecticut sales tax unless the buyer holds a valid tax exempt/resale certificate (from any state) and submits a signed and dated State of Connecticut Sales & Use Resale Form with their tax-exempt information prior to release of the purchases, even for tax exempt bidders who will be having their items shipped out of state. This form is available at newenglandauctions.com and must be updated every 12 months. We do not collect sales tax on items shipped to other states unless a particular state's sales tax nexus has been met in that state. Sales to out-of-state buyers without a resale certificate, that are picked up by the buyer's representative, will be charged Connecticut sales tax unless the representative is a licensed commercial shipper and provides a Bill of Lading with their DOT # at the time of pick up. 

SHIPPING/PICK UP

7) Arrangement and costs of shipping are the responsibility of the buyer. New England Auctions does not ship or arrange shipping. All shipping is outsourced. All buyers and shippers must come prepared with appropriate packing materials and help for heavy items. New England Auctions will not wrap or box any item going out of our facility. Our staff will not be available to help move heavy items. If payment is made by check, items will be held up to seven business days before an item is released for shipping. Items can be picked up in person or by a shipper at 14 Business Park Drive - Unit 5, Branford, CT - BY CONFIRMED APPOINTMENT ONLY. Please contact the gallery 24 hours in advance to make an appointment. Pickup can be scheduled for Monday through Friday between 10am and 3pm beginning the Monday after the date of the auction. Please note that all first-time buyers that wish to pick items up in person must pay with cash.

A list of local shippers includes: 

The Village Express, Branford, CT 203-481-7426 or (vexpress@comcast.net),    Attn: Kristen

The UPS Store #5105 at 203-772-4445 or (store5105@theupsstore..com), Attn: Manjit.  

The UPS Store #2233, Wallingford, CT at 203-949-0050 or (store2233@theupsstore.com), Attn: Jim or Adam.

Couriers (for licensed transport across state lines):

Outward Bound Courier Logistics, Dalton, MA at 413-854-3676, Attn: Alan or Ben.

GNLE Delivery, Stockton, NJ at 908-256-3947, Attn: Kieran Giannelli

For fine art, furniture, and shippers that crate:

Maquette FAS CT, Branford, CT at 203-640-8453, Attn: Kevin

Plycon Transportation Group 631-269-7000

Codogan Tate 718-689-7969

US ART 718-986-6500

Purchased items that have been paid for but not picked up or shipped from our auction facility within 21 days of the auction will be stored at a rate of $10 per day per lot for furniture and larger items and $5 per day per lot for smaller items. A moving fee of $25 going into storage and $25 going out of storage will be added. Storage fees and late fees must be paid before items are released. There are no exceptions. Items not picked up within 60 days of the auction date will be considered in default and become the property of New England Auctions.

03/2024