1. Introduction
These Conditions of Sale (“Conditions”) govern all auctions held by Alden’s Auction Inc. (“Alden’s”, “we”, “us”), whether conducted live in our gallery, online, or via third-party platforms.
By registering to bid, the bidder agrees to be bound by these Conditions, the catalogue notices, and any saleroom announcements made by the auctioneer prior to or during the sale.
2. Bidder Eligibility & Registration
All bidders must be at least 18 years of age (or the age of legal majority in their jurisdiction) and complete the bidder registration process at least 24 hours before the sale.
Alden’s reserves the right to refuse registration or admission, to require additional identification or financial references, and to limit bidding amounts at its sole discretion.
All bidders must complete the registration form, provide all requested details, present valid identification to obtain a paddle, and submit a reseller's permit if applicable. If a representative bids for a company or another person, Alden's Auction requires an authorization letter with contact information for the actual bidder.
3. Description of Lots & Estimates
All lots are sold on an “as-is, where-is” basis. Neither Alden’s nor the consignor makes any warranties or representations of any kind regarding the property, its value, description, attribution, provenance, authenticity, authorship, completeness, condition, or estimate of value.
Written and oral descriptions are Alden's Auction opinions and should not be construed as guarantees of authenticity, age, condition, materials, or any other feature. Bidders are strongly encouraged to inspect lots in person during the preview period or to request a detailed condition report.
Estimate ranges are for guidance only and do not include the buyer’s premium, sales tax, or shipping. The actual hammer price may fall above or below the estimate.
All items are available for examination before bidding. By placing a bid in person, by phone, by absentee bid, or online, bidders signify that they have examined the lots as fully as possible or have chosen not to do so. All sales are final and no refunds will be issued.
4. Bidding & Conduct of the Sale
The auctioneer has absolute discretion to refuse any bid, advance bidding in such manner as he or she may decide, withdraw any lot, divide or combine any two or more lots, or re-open bidding in the case of dispute.
All bids are made in U.S. Dollars and shall be deemed irrevocable. The highest bidder acknowledged by the auctioneer shall be the buyer.
In the event of a tie or dispute between bidders, the auctioneer will determine the successful bidder or, at his or her discretion, re-offer the lot.
Unless the sale is advertised and announced as “without reserve,” each lot is offered subject to a reserve. Alden’s may implement reserves by bidding through its representatives on behalf of consignors, and all sales are subject to any interest Alden’s may have in the offered lots or sale proceeds.
Telephone and absentee bids must be submitted at least 24 hours before the auction. Absentee bidding is a free and confidential service; identical absentee bids are prioritized by earliest receipt, and no “buy” or “unlimited” bids are accepted. Telephone and online bidding are conveniences, and Alden’s is not responsible for bids that are not sent, received, or executed.
6. Payment Terms
All property must be paid for by the purchaser at the purchaser’s expense within seven (7) days of the sale. Payment in U.S. Dollars may be made by cash, bank check or cashier’s check drawn on a U.S. bank, or any other method approved by Alden’s.
Payment is a precondition to removal. Checks will not be deemed payment until cleared, and any credit exception must be approved by Alden’s in writing before the sale.
Alden’s may charge interest of 1.5% per month on any balance remaining 30 days after the day of sale. If the conditions are not complied with, Alden’s may cancel the sale, retain payments as liquidated damages, or resell the property; the purchaser remains liable for any deficiency, handling charges, warehousing, sale expenses, commissions, legal fees, and incidental damages.
7. Transfer of Title & Risk
Upon the fall of the hammer, title to any offered lot or article immediately passes to the highest bidder as determined in the auctioneer’s exclusive discretion.
The successful bidder thereupon assumes full risk and responsibility for the property sold and agrees to pay the full purchase price or such part upon such terms as Alden’s may require. Buyers are advised to obtain insurance from the moment of purchase.
8. Collection & Shipping
Purchased property should be paid for and collected promptly. Alden’s will not be responsible for any loss, damage, theft, or other issue involving goods left in Alden’s possession after seven (7) days.
Packing, shipping, and insurance, including reimbursement for damage or loss, are the sole responsibility of the purchaser. Alden’s may assist and recommend suitable third-party carriers, but is not responsible for carrier delays or the outcome of any damage or loss claim.
Certain lots containing protected materials (ivory, tortoiseshell, certain hardwoods, etc.) may be subject to CITES restrictions and cannot be exported across international borders without applicable permits.
9. No Guarantee of Authenticity
No statement, whether oral or written, in the catalogue, at the sale, or elsewhere shall be deemed a warranty, representation, or assumption of responsibility by Alden’s or the consignor.
Alden’s does not guarantee authenticity, authorship, signatures, markings, provenance, condition, value, or any other aspect of a lot. All measurements are approximate.
Alden’s will use best efforts to catalogue each lot correctly and point out defects, but will not be responsible or liable for the correctness of the catalogue or other descriptions of the lot.
10. Limitation of Liability
Except as required by applicable law, no representation, warranty, or guarantee of any kind is made by Alden’s or the seller as to any lot.
In no event shall Alden’s be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits or loss of opportunity.
Total liability of Alden’s under any claim shall not exceed the purchase price actually paid by the buyer for the lot in question.
11. Data Protection & Privacy
Personal information collected during registration and the sale will be processed in accordance with our Privacy Policy.
By bidding, the buyer consents to the collection, use, storage, and transfer of their personal data for the purposes of conducting the sale, processing payment, fulfilling delivery, and complying with anti-money-laundering and other regulatory obligations.
12. Governing Law & Disputes
These Conditions and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, USA.
The parties submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California, save that Alden’s may bring proceedings in any other competent jurisdiction.
Auction Glossary
- Hammer Price
- The winning bid amount accepted by the auctioneer at the fall of the hammer, before buyer’s premium and taxes.
- Reserve
- The confidential minimum price agreed between the consignor and Alden’s, below which the lot will not be sold.
- Buyer’s Premium
- An additional fee added to the hammer price as part of the purchase price.
- Estimate
- A range provided in the catalogue indicating Alden’s opinion of the likely hammer price; not a guarantee.
- Lot
- An individual item or group of items offered for sale at auction.
- Provenance
- The documented history of ownership of a lot.
Need clarification?
Our client services team can walk you through any clause before you register or place a bid.
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