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Conditions of Sale

PROCEDURES FOR BIDDING & PAYMENT

Bidders are strongly encouraged to read the Conditions of Sale contained in this catalog that state the terms governing the purchase of all property sold at auction. By bidding at auction, you agree to be bound by these “Procedures for Bidding & Payment,” the “Conditions of Sale,” and the “Collection, Delivery & Storage Policies” (collectively, “HDH Auction Policies”).

BIDDER REGISTRATION

Bidders attending the auction will be required to register for a digital paddle via our mobile app or website. We strongly encourage new bidders to pre-register with us at least 48 hours before the start of the auction. Please go to auction. hdhwine.com or download our mobile app to register. Bidders must be at least 21 years old and may be required to show proof of age. Credit card verification (MasterCard, Visa, Discover, or American Express) is required for account set up. Every bidder’s credit card will be pre-authorized, and then immediately credited, for $1000 to verify the card’s viability and available funds.

Bidding will be by registered digital paddle number only, and all transactions are subject to the HDH Auction Policies. We reserve the right to require written confirmation and/or bank references for all bids, and may, at our discretion, perform a credit card pre-authorization up to the total amount of your bids or request all or a portion of the total amount of said bids as a deposit.

DESCRIPTION OF WINE

To the best of our knowledge, all wines benefited from proper storage prior to being delivered to our temperature and humidity-controlled cellar. Every bottle in this catalog has been carefully inspected by our experts and described as accurately as possible. Buyers of older and more fragile wines must make proper allowances for natural variations of ullage and general condition.

Wines less than 30 years of age have been determined by HDH Wine Co., based on our professional judgement, to be in generally excellent condition unless otherwise indicated. Our policy is to note levels only when we feel that significant ullage has taken place since bottling. We do not note conditions on back labels, import strips or tax strips. As stated in the Conditions of Sale, the Buyer accepts all purchases “as is” and no returns will be accepted.

FORMAT OF CATALOG / WEBSITE

Wines are typically grouped by cellar and are preceded by a general heading, providing specific information about the provenance of the wines. The description of wine is followed by a lot number and quantity offered. A comprehensive index is provided at the end of the catalog.

Please note: label images on the website and app are meant to be representative of the item only – they do not depict the actual lot for sale.

TASTING NOTES

We have been given permission by several of the world’s leading wine critics to use their tasting notes in our catalogs. Due to space limitations, the notes in the catalog have been edited. The entire note, and notes from other critics (where available) may be accessed by viewing the catalog via our website, auction.hdhwine.com.

AUCTION ESTIMATES

Auction estimates are provided for each lot, with all figures based on the most recent auction market results for the same or comparable wines. Rarity and condition are taken into consideration at all times. Estimates do not include Buyer’s Premium or sales tax.

BIDDING

All bidding is carried out on our mobile app or auction website. The use of traditional paddles for saleroom bidding is no longer available.

Bidding increments are provided pre-defined on the app and auction website. Consignors and their agents are strictly forbidden from bidding on their own property. All bids and lots are subject to the auctioneer’s discretion.

ABSENTEE BIDDING

All bidders are required to register and place bids online at auction.hdhwine.com or on our mobile app. Absentee bids are always treated as confidential and lots are acquired at the lowest possible price. In the event multiple absentee bids for the same lot at the same amount are received, the absentee bid submitted first takes precedence. The relative sequence of said absentee bids is determined by digital time stamp. Therefore, absentee bidders are urged to bid as early as possible.

Either/or bidding enables you to secure a specified number of lots out of a group of lots. Our platform will execute bids on your behalf until the specified number of lots is won. For example, if you bid on lots 12, 56, and 247 but only want to secure one lot, it will bid on lot 12. If it is unsuccessful, it will move forward with your bid on lot 56. If it is then successful on lot 56, it will not execute your bid on lot 247.

For help setting up either/or bids, placing spending limits, and any addition- al bidding questions, please visit our support page at support.hdhwine.com.

Absentee bids are accepted online at auction.hdhwine.com, through our mobile app, and by e-mail (bids@hdhwine.com). All bids submitted online through our website or mobile app are entered into the auction system in real time. You may make changes to your bids up until the auctioneer opens the lot for live bidding.

Absentee bids may be submitted by email or telephone on the day of the auction; however, we cannot guarantee these bids will be executed, though we will use reasonable efforts to do so. We recommend absentee bids be submit- ted prior to 5:00pm CT the day before each auction session.

Bids submitted via e-mail must be submitted in consecutive lot number order, using the proper bidding increments. When submitting bids via e-mail, please format bids in an Excel document. If bids are received with incorrect bidding increments, we reserve the right to round the bids down to the next appropriate increment.

All absentee bids are subject to credit approval. A valid credit card must be submitted along with bids; we will perform a credit card pre-authorization of $1000 to confirm its validity. We reserve the right to require written confirmation and/or bank references for all bids, and may, at our discretion, perform a credit card pre-authorization up to the total amount of your bids or request a portion of the total amount of said bids as a deposit.

LIVE ONLINE BIDDING

To register for an online bidding account, go to auction.hdhwine.com or down- load the app for your phone or tablet from iTunes.

If you have not bid with us before, select “Sign Up Now.” You will need to provide a valid e-mail address to use as a username. You will also need to pro- vide shipping and billing addresses, a valid credit card, and a daytime phone number. A credit card is required to register but you still have the option to pay by wire, paper or electronic check.

Bidders are requested to register in advance of the auction to avoid any delays in the approval process. If you have already submitted absentee bids for the auction, then you are automatically registered for live bidding; simply log in to your account on the day of the sale and select the “BID LIVE” option in the menu bar of the auction website, or “Join Auction in Progress” on the mobile app.

PLEASE NOTE: We offer bidding services at no charge, with the understanding that any failure to execute bids or any error in doing so shall not be the responsibility of HDH Wine Co. or its staff.

PAYMENT

Invoices are mailed or emailed to successful bidders at the end of the auction, except when the Buyer is a licensee, in which case their invoice will be routed through a properly licensed commercial processor. Payment is due upon receipt of the invoice. Remittance must be received in U.S. dollars; foreign checks are not allowed. We accept wire transfers, checks drawn on U.S. banks, money orders, direct debit via ACH initiation (please contact account- ing@hdhwine.com or 312.573.5592 to set up), as well as MasterCard, Visa, Discover and American Express. Payment by credit card is limited to a total of

$25,000 per Buyer, per auction. When using a credit card to make a payment for a purchase, the Buyer irrevocably waives any chargeback rights they may have under their card holder agreement or otherwise.

Buyers wishing to pay for purchases via wire transfer should direct funds to: Northbrook Bank & Trust Company

1100 Waukegan Road

Northbrook, IL 60062 SWIFT Code: NBBTUS44

Routing Number: 071-926-184

Beneficiary account name: HART DAVIS HART WINE CO Beneficiary account number: 7520004406

 

Please include an invoice number on all wires, ACHs, and checks.

If payment has not been received by the 21st day following the auction, HDH Wine Co. reserves the right to charge the Buyer’s credit card on file for any amount still due as well as any resulting late fees and other costs incurred, including credit card processing fees. Payments received after this 21st day will be subject to a late

fee equal to 3% of the total purchase price. Additional late fees equal to 3% of the total purchase price may be charged every 14 days past the initial 21-day period.

NOTE: Buyers who pay their invoice, in full, via wire, paper, or electronic check by 5pm CT on the Friday following the sale, will receive a discount equal to 1% of their auction invoice that is only available to apply towards purchases in the next auction. The credit does not carry forward beyond the next auction and is not transferable.

BIDDERS WHO ARE LICENSEES

Licensees who intend to bid should provide, well in advance of the auction, a photocopy of their license issued by their state’s liquor authority. Licensees within the state of Illinois should also provide us with their Illinois Business Tax Number. If this information has been supplied to HDH Wine Co. prior to the auction, the licensee’s invoice will be routed through a properly licensed Illinois wholesaler, who will charge the Buyer applicable taxes and gallonage fees. Payment by credit card is prohibited for Licensee invoices.

CONDITIONS OF SALE

The property described in this catalog will be offered at public auction by Hart Davis Hart Wine Co. (HDH Wine Co.) as agent for various consignors (Sellers), under these HDH Auction Policies. They may be amended by posted notices, oral announcements, or announcements on HDH Wine Co.’s website made before or during the sale. By bidding at auction, you agree to be bound by the terms of these HDH Auction Policies, as they may be amended from time to time, for this and all future HDH Wine Co. auctions.

  1. HDH Wine Co. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
  2. A potential Buyer must complete a digital registration form prior to bidding, provide an active credit card that can be pre-authorized for $1000, and agree to our Terms and Conditions. HDH may require additional references such as a form of identification, a deposit, or a hold of funds on a registered credit card.
  3. When making a bid, the registered bidder accepts personal liability to pay the purchase price, including Buyer’s Premium and all applicable charges. If acting as a third party, the registered bidder, whose name is on the account, still assumes all liability to pay HDH in full for the entire outstanding balance.
  4. Every attempt has been made to describe all property as accurately as possible. However, HDH Wine Co. and Seller do not warrant or represent, and deny responsibility for, the accuracy of catalog descriptions, encompassing but not limited to vintage, provenance, authenticity, quality, and condition as may be stated in the catalog. Any and all statements made relating to the property in the catalog or salesroom or contained in advertisements or promotional materials are merely statements of opinion and can at no time be construed as warranties or representations of fact or assumptions of any liability on the part of HDH Wine Co. or Seller.
  5. The Buyer accepts all purchases “as is.” No returns will be accepted.
  6. HDH Wine Co. does not assume responsibility for shipment to the Buyer. Bidders are cautioned that many states impose restrictions on the transport of alcoholic beverages into their jurisdictions from other states. These restrictions may affect your purchase of wines from HDH Wine Co.; we urge you to investigate the laws in your state regarding this subject before shipping any wine purchased from HDH Wine Co. In some instances, special permits or licenses may be required for the Buyer or shipper. HDH Wine Co. will not assume any obligation or responsibility for applying for or obtaining said permits or licenses. Purchases that cannot be shipped due to shipping restrictions must be collected by the Buyer from HDH Wine Co.’s cellar in Chicago, IL. All applicable Illinois and Cook County sales and use taxes must be paid prior to collection. Bidders accept that all sales are final, “as is,” and cannot be cancelled or refunded for any reason.
  7. The term “final bid” as used herein shall refer to the price at which any lot is knocked down to the Buyer. The purchase price, due from the Buyer, shall be the aggregate of the final bid and a premium of 19.5% of the final bid (“Buyer’s Premium”), together with any applicable sales or use tax. The complete purchase price will be due upon receipt of the invoice. If payment in good cleared funds is not received within 21 days of the purchase, HDH Wine Co. reserves the right to assess a late fee of up to 3% of the total purchase price, in addition to any other rights and remedies available by law to HDH Wine Co., and additional 3% late charges every two weeks following day 21. No property will be released to the Buyer until HDH Wine Co. receives payment in full for all open invoices, including any applicable state and local taxes or compensating use taxes of another state which HDH Wine Co. may be required by law to collect. Any applicable storage or handling fees must also be paid prior to the release of the property. In the event a charge or check is not accepted by the appropriate financial institution, the Buyer remains liable for all amounts owed.
    • If the Buyer fails to make payment in full in good cleared funds within the time required by paragraph 6 above, they will be in default and we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to any other rights or remedies available to us by law):to cancel the sale;
    • to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, to the fullest extent permitted under applicable law;
    • to resell the property publicly or privately on such terms as we see fit;
    • to pay the seller an amount up to the net proceeds payable in relation to the amount bid by the defaulting Buyer;
    • to use against any amounts which we may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer;
    • where several amounts are owed by the Buyer to us, in respect to different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
    • to reject at any future auction bids made by or on behalf of the Buyer, or to obtain a deposit from the Buyer before accepting any bids;
    • to exercise all rights and remedies of a person holding security over any property in our possession owned by the Buyer to the fullest extent permitted to the secured party by the law under the Uniform Commercial Code in the State of Illinois; the defaulting Buyer grants HDH Wine Co. a security interest in all such property held by us and we may file a financing statement with the Illinois Secretary of State to perfect a security interest in such property;
    • to charge any credit card on file for the invoice balance including any late charges;
    • If we resell the property under paragraph (iii) above, the defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due to us 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. If we pay any amount to the seller under paragraph (iv) above, the Buyer acknowledges that HDH Wine Co. shall have all of the rights of the seller, however arising, to pursue the Buyer for such amount. The defaulting Buyer shall be liable for HDH Wine Co.’s legal fees and expenses with respect to any actions taken by it under this paragraph 8.
  8. HDH Wine Co.’s Shipping Policy is as follows:
    • Buyer acknowledges that the title to wines purchased passes to the Buyer at the time of purchase or at the hammer. Further, the Buyer authorizes HDH Wine Co. to choose a common carrier on behalf of the Buyer which will act as the Buyer’s agent;
    • Buyer acknowledges and agrees to be responsible for all applicable excise, use, and sales taxes due to a state related to the purchase of these wines;
    • HDH Wine Co. always recommends collecting your purchased wines at HDH Wine Co., but if Buyers wish to arrange delivery of their wines after purchase, they are responsible and bear all risk, including selecting a carrier and providing delivery instructions (please see “Collection, Delivery & Storage” for details);
    • Buyer warrants that he/she is at least 21 years of age and is purchasing the wines for personal use;
    • Buyer shall be responsible for the receipt of these wines by a per- son at least 21 years of age or over.
  9. HDH Wine Co. reserves the right to amend the description of any lot by means of an announcement or notice in the salesroom, its mobile app, or on its website, and to withdraw any lot at any time.
  10. Unless otherwise indicated, a reserve or confidential minimum selling price may be established on any lot. Should bidding not meet the reserve price, HDH Wine Co. may enforce the reserve by bidding on behalf of the Seller.
  11. The highest bidder accepted by the auctioneer shall be the Buyer, who will assume the full risk and responsibility of the lot upon the fall of the auctioneer’s gavel. 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 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 Wine Co. will be final and binding on all parties.
  12. Bids submitted to HDH Wine Co. are processed and executed as a service and convenience to bidders. Neither HDH Wine Co. nor its staff shall be responsible for any failure to execute such bids or any error relating to the same.
  13. The rights and obligations of all parties shall be governed by the laws of the State of Illinois.
  14. In the event of any inconsistency or conflict in terms between these Conditions of Sale and any other portion of the HDH Auction Policies, the terms of these Conditions of Sale shall control.

COLLECTION, DELIVERY & STORAGE

LIMITS ON IMPORTATION

HDH Wine Co. does not assume responsibility for shipment to the Buyer. Bidders are cautioned that many states impose restrictions on the trans- port of alcoholic beverages into their jurisdictions from other states. These restrictions may affect your purchase of wines from HDH Wine Co.; we urge you to investigate the laws in your state regarding this subject before

shipping any wine purchased from HDH Wine Co. In some instances, special permits or licenses may be required for the Buyer or shipper. HDH Wine Co. will not assume any obligation or responsibility for applying for or obtaining said permits or licenses. Purchases that cannot be shipped due to shipping restrictions must be collected by the Buyer from HDH Wine Co.’s cellar in Chicago, IL. All applicable Illinois and Cook County sales and use taxes must be paid prior to collection. Bidders accept that all sales are final, “as is,” and cannot be cancelled or refunded for any reason.

SHIPPING

Our shipping policy is based on the following understanding with the Bidder/Buyer:

  1. Bidder/Buyer acknowledges that the title to wines purchased passes to the Bidder/Buyer at time of purchase or at the hammer. The Bidder/Buyer authorizes HDH Wine Co. to choose a common carrier on behalf of the Bidder/ Buyer which will act as the Bidder/Buyer’s agent.
  2. Bidder/Buyer acknowledges and agrees to be responsible for all applicable excise, use and sales taxes due to a state and/or country related to the purchase of these wines.
  3. Bidder/Buyer warrants that he/she is at least 21 years of age and is purchasing the wines for personal use.
  4. Bidder/Buyer shall be responsible for the shipment of these wines being received by a person at least 21 years of age.
  5. Bidder/Buyer will be assessed a return/restocking fee should the shipment be returned to HDH Wine Co. due to but not limited to the following: no person at least 21 years of age at the address; the address provided is not valid; or the shipment is refused.

Orders can usually be processed and prepared for shipment within 48 hours of receipt of payment and any applicable taxes or permits. Orders exceeding 250 necks will require additional processing time. HDH Wine Co. will not split

orders or lots; all orders must be shipped in full. If not already contacted, HDH Wine Co. will notify the Buyer when their invoice is paid and available to ship. It is the Buyer’s responsibility to provide HDH Wine Co. with shipping instructions including a valid address where these wines can be received by a person at least 21 years of age. It is recommended that Buyers collect their wines at HDH Wine Co.’s cellar in Chicago whenever feasible, as commercial shipment can be risky, especially in the case of older and more fragile wines. Please see the “Delivery, Collection, & Payment” form for details.

INSURANCE

Due to the fragile nature of vintage wine, HDH Wine Co. strongly recommends that Buyers arrange for collection from HDH Wine Co.’s cellar in Chicago.

For shipments of wine being arranged by Buyer or Buyer’s agents, the wine will only be covered by HDH Wine Co.’s insurance policy until they leave the HDH Wine Co. cellar in Chicago, not while in transit.

For shipments of wine being arranged by HDH Wine Co. (and billed to HDH Wine Co.) on behalf of Buyers, insurance will be provided and will cover only breakage or loss from the time of purchase to the time of delivery. Neither HDH Wine Co. nor its agents assume responsibility for any deterioration resulting from shipment, which includes, but is not limited to: scuffed labels, cracked wax capsules, minor seepage, or temperature damage.

Wines must be inspected by the Buyer upon receipt and any loss or breakage must be noted on the shipping company’s documents at the time of delivery.    If HDH Wine Co. is not notified of any breakage or loss claims within 24 hours   of delivery, the claim will not be considered or honored. If the Buyer or an agent of the Buyer will not be able to receive and inspect the shipment upon delivery, the shipment should be scheduled for another date. If the loss or breakage is not noted on the shipping company’s documents at the time of delivery and if HDH Wine Co. is not notified of a claim of loss or breakage within 24 hours of delivery, the claim will not be considered or honored.

WEATHER WATCH

Transporting wine in extreme weather conditions and temperatures, even by Overnight service, may seriously damage it. We define these as temperature readings or predicted temperatures of greater than 80 degrees or less than 20 degrees Fahrenheit. HDH Wine Co. performs regular weather checks prior to shipment. These checks confirm appropriate temperatures will be held at the point of origin, along the probable route, and at the final destination.

During periods of extreme weather, we strongly advise against transport by any means. During these times we are pleased to provide complimentary short- term storage until better conditions prevail. We refer to this type of hold as a Weather Watch; if your order is placed during a Weather Watch period, it will not be scheduled for shipment until the end of said period. If you wish to ship regardless of weather conditions, we ask that you contact the shipping department to arrange shipment of your purchase and to agree to a Weather Waiver, releasing HDH Wine Co. from any liability from weather related damage. Once we have received your Weather Waiver, your shipment will be sent on the agreed scheduled date, regardless of the weather conditions or temperatures. Should extreme weather occur during a previously scheduled shipment date, HDH Wine Co. will contact you via email to arrange an alternative shipping date.

PACKING

At times, we may be required to re-pack wines which are in their original wooden cases. OWCs, when listed as part of the lot, will automatically be shipped unless you instruct us otherwise. A $10 per OWC fee may be applied to shipping charges which require re-packing into shipping boxes. OWCs may ship separately via Ground Service. When providing shipping instructions, Buyers should specify that they do not want the OWCs if that is their preference.

COLLECTION OF PURCHASES

All wines are stored in our temperature and humidity-controlled cellar in Chica- go. Once full payment has been received, wines may be collected from our dock with 48 hours’ notice. We are located at 1511 W. 38th Street (just east of Ashland) and our hours of operation are Monday-Friday 8:00am to 6:00pm. To schedule collection of your wine, please contact our shipping department at 312.379.8711.

Should a Buyer’s purchases remain in HDH’s cellar for a period longer than 60 days, a holding fee of $16.00 per nine-liters will be charged for every 90 day period in which the purchases remain in HDH’s cellar after the sale. If a buyer’s holding fees remain unpaid for more than two quarters, HDH reserves the right to sell a portion or all of said purchases and apply the proceeds towards the outstanding holding fee balance.