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Conditions of Sale

Conditions of Sale

Whether you are a serious collector or a first time bidder, placing bids at auction requires an understanding and acceptance of the policies herein. Please take some time to review our policies, particularly our conditions of sale as all bidders will be required to accept them prior to submitting bids.

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 the following ”Conditions of Sale” together with the “Procedures for Bidding & Payment” and “Collection, Delivery & Storage” sections in this catalog. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms for this and all future HDH 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 and sign a registration form and provide identification before bidding. We may require bank or other financial references in addition to a deposit or a hold of funds on a registered credit card.

3) When making a bid, the bidder accepts personal liability to pay the purchase price, including Buyer’s Premium and all applicable charges. Exceptions include a bidder acting as an agent on behalf of an identified third party accepted by HDH Wine Co. If such a case should arise, an explicit agreement will be made, in writing, with HDH Wine Co. before the commencement of the sale and HDH Wine Co. will only look to the principal for payment.

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.”

6) 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, 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 charge 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 charges must also be received 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 on the dates due.

7) 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):

i) to cancel the sale;
ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
iii) to resell the property publicly or privately on such terms as we see fit;
iv) to pay the seller an amount up to the net proceeds payable in relation to the amount bid by the defaulting buyer;
v) to use against any amounts which we may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer;
vi) 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;
vii) 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;
viii) 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.
ix) 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 and commissions and premiums, whatever kind 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.

8) HDH Wine Co.’s Shipping Policy is as follows:

i) buyer acknowledges that 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;
ii) buyer acknowledges and agrees to be responsible for all applicable excise, use and sales taxes due to the state related to the purchase of these wines;
iii) HDH always recommends collecting your purchased wines at HDH, 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;
iv) buyer warrants that he/she is at least 21 years of age and is purchasing the wines for personal use;
v) buyer shall be responsible for the receipt of these wines by a person 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, and to withdraw any lot at any time.

10) Unless otherwise indicated, it may be that a reserve or confidential minimum selling price has been established on all lots. 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 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. If, during the auction, the auctioneer considers that any dispute has arisen between any bidders, such dispute will be resolved by the auctioneer. The auctioneer may determine to put up any lot for rebidding at any time during the auction. 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 same.

13) The rights and obligations of all parties shall be governed by the laws of the State of Illinois.

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Procedures for Bidding & Payment

Conditions of Sale
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” as well as the “Conditions of Sale.”

Bidder Registration
Bidders attending the auction will be required to register for a bidding paddle prior to the auction. We strongly encourage new bidders to pre-register with us at least 48 hours prior to the auction. Please go to auction.hdhwine.comto register or contact bids@hdhwine.com to complete the pre-registration process. Credit card verification is for account set up only. Every bidder’s credit card will be debited then immediately credited $1000 in order to verify funds.

A Registration Desk will be staffed at TRU one hour prior to the beginning of the session through the completion of the auction session. Major credit cards and/or a driver’s license will be required as identification. Bidders must be at least 21 years old and may be required to show proof of age. A valid credit card (MasterCard, Visa, Discover or American Express) must be presented with all bids. Bidding will be by paddle only, and all transactions are subject to the Conditions of Sale. HDH reserves the right to charge a deposit to the registered credit card on file. The deposit charged may be up to 25% of a bidder’s total processed bids. The need for a deposit and the amount of said deposit are determined solely at the discretion of HDH.

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, 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 outlined in the Conditions of Sale, 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 at all times taken into consideration. Estimates do not include Buyer’s Premium or sales tax.

In the saleroom, bidding is by registered paddle only. All wine is offered by lot. Bidding increments are provided on the Absentee Bidding Form in the back of the catalog. Consignors and their agents are strictly forbidden from bidding on their own property. All bids and lots are subject to auctioneer’s discretion.

Absentee Bidding
Those who wish to bid but are unable to attend the auction are encouraged to submit absentee bids online. Absentee bids are treated in the strictest of confidence and at all times lots are acquired at the lowest possible price. In the event that duplicate bids are received, the earliest bid takes precedence. Therefore, absentee bidders are urged to bid as early as possible.

Absentee bids are accepted through our website, auction.hdhwine.com, by telephone, fax, or mail. An Absentee Bid Form is provided in the back of the catalog but submitting bids online is recommended. Bids should be submitted in ample time for proper processing. A valid credit card must be submitted along with bids; we will perform a credit card pre-authorization of $1000 or request a portion of the total amount of the bids as a deposit. 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 the bids as a deposit. Absentee bids may be submitted on the day of the auction; however, we cannot guarantee these bids will be executed, though we will use every means available. We recommend absentee bids be submitted prior to 5:00pm CT the day before each auction session.

Bids must be submitted in consecutive numerical order, using the bidding increments listed on the Absentee Bid Form. If bids are received with incorrect bidding increments, we reserve the right to round the bids down to the next appropriate increment.

Phone Bidding
Live telephone bidding is available on a very limited basis, and with advance arrangements only. Bidders who wish to bid live by telephone must submit a list of lots on which they wish to bid 48 hours before the auction. We are unable to accept calls in the saleroom and must be supplied a telephone number where the bidder can be reached on the day of the auction, along with an alternate telephone number. Bidders are encouraged to leave a written bid as well, which would be executed only in the event our agents are unable to make contact by telephone. Although we strive to accommodate all requests for this special service, there are a limited number of telephones and staff members available.

Live Online Bidding
Live online bidding is available at auction.hdhwine.com and through our free app for your phone and tablet. Bidders are requested to register in advance of the auction to avoid any delays in the approval process. The registration process will be followed as per the above paragraph under “Bidder Registration.” If you have already submitted absentee bids for the auction, then you are automatically registered for live bidding also; simply log in to your account on the day of the sale and select the BID LIVE option.

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

Invoices are mailed or emailed to successful bidders at the conclusion of the auction, except when the buyer is a licensee, in which case their invoice will be routed through a properly licensed Illinois wholesaler. 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 accounting@hdhwine.com or 312.854.0101 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. All successful bids will be processed through a properly licensed retailer in Illinois. When using a credit card to make a payment for a purchase, the purchaser 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
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 amounts 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 for 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 the license issued by their state’s liquor authority. Licensees within the state of Illinois should also provide us with their Illinois Business Tax Number. Provided this information has been supplied to HDH prior to the auction, within three business days of the auction the successful bids for licensees 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.

At all times, taxation is determined by point of delivery. We are required by law to collect the appropriate state and local taxes from purchasers, unless the purchase is deemed to be non-taxable. All conclusions as to taxation are to be determined by Hart Davis Hart Wine Co. in its sole discretion. All non-taxable transactions must be completely documented prior to release of purchases. Those licensed to sell alcoholic beverages may submit their sales tax number and proceed with being invoiced through our designated Illinois wholesaler.

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Collection, Delivery & Storage

Limits on Importation
Bidders are cautioned that many states impose restrictions on the quantity of alcoholic beverages which may be purchased and brought into its jurisdiction by a buyer from another state. These restrictions may affect your purchase of wines from HDH; we urge you to investigate the laws in your state regarding this subject before shipping any wine purchased from HDH. In some instances, special permits or licenses may be required for the buyer or shipper. Hart Davis Hart Wine Co. will not assume any obligation or responsibility for applying for or obtaining permits or licenses. Shipment of wines must be received by a person at least 21 years of age.

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

1) Bidder/Purchaser acknowledges that title to wines purchased passes to the Bidder/Purchaser at time of purchase or at the hammer. The Bidder/Purchaser authorizes Hart Davis Hart Wine Co. to choose a common carrier on behalf of the Bidder/Purchaser which will act as the Bidder/Purchaser’s agent.

2) Bidder/Purchaser acknowledges and agrees to be responsible for all applicable excise, use and sales taxes due to their state or country related to the purchase of these wines.

3) Bidder/Purchaser warrants that he/she is at least 21 years of age and is purchasing the wines for personal use.

4) Bidder/Purchaser shall be responsible for the shipment of these wines being received by a person at least 21 years of age.

5) Bidder/Purchaser will be assessed a return/restocking fee should the shipment be returned to HDH 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.

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 will notify the Purchaser when their invoice is paid and available to ship. It is the Purchaser’s responsibility to provide HDH 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 Purchasers collect their wines whenever feasible, as commercial shipment can be risky, especially in the case of older and more fragile wines. Please see “Delivery, Collection, & Payment” form for details.

Insurance will be provided for all shipments arranged by and billed to HDH. This insurance will solely cover breakage or loss from time of purchase to time of delivery.

Neither Hart Davis Hart 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 or minor seepage.

The insurance provided by HDH will only cover shipments billed to HDH. Wines being shipped on Purchaser’s or agents of Purchaser’s accounts will only be covered by HDH’s insurance policy until they leave the HDH warehouse, not while in transit. Due to the fragile nature of vintage wine, HDH strongly recommends that Purchasers arrange for collection from HDH. All shipments arranged by HDH are made on the buyer’s behalf.

Wines must be inspected by the Purchaser upon receipt and any loss or breakage must be noted on the Shipper’s documents at the time of delivery. If HDH is not notified of any breakage or loss claims within 24 hours of delivery, the claim will not be 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 Shipper’s documents and if HDH is not notified of a claim of loss or breakage within 24 hours of delivery, the claim will not be honored.

Should this insurance coverage not be desired, a written waiver of insurance and any subsequent claims must be received prior to the shipment of the wines. Without insurance, loss or damage due to any cause will be at the Purchaser’s risk.

Weather Watch
Transporting wine in extreme weather conditions and temperatures, even by Overnight service, may seriously damage wines. We define these as temperature readings or predicted temperatures of greater than 80 degrees or less than 20 degrees Fahrenheit. HDH 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 the moratorium. If you wish to ship regardless of weather conditions, we ask that you contact the shipping department to arrange shipment of your purchase and that you agree to a Weather Waiver, releasing HDH 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 a Weather Watch moratorium arise during a previously scheduled shipment date, HDH will contact you via email to arrange an alternative shipping date.

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 Chicago. Once full payment has been received, wines may be collected from our dock with 48 hours advance notice. We are located at 1511 W. 38th Street (just east of Ashland) and our hours of operation are Monday-Friday 9:00am to 7pm. To schedule collection of your wine please contact our shipping department at 312.379.8711.

We offer complimentary storage in our temperature and humidity-controlled facilities for 60 days after the date of auction. Should a Buyer’s wine remain in HDH’s cellar for a period longer than 60 days, a holding fee of $12.00 per nine-liter equivalent per quarter year will be charged. The 60-day complimentary storage does not include weather watch days, but will not exceed one year.

If you’re interested in opening a long term storage account, please contact us at storage@hdhwine.com.