TERMS AND CONDITIONS OF PURCHASE
All wines offered or sold in this catalogue are subject to the following conditions:
1. Auction Napa Valley (herein "seller"), Jarvis Winery and Meadowood Napa Valley reserve the right to refuse admission to or attendance at the Friday Barrel Tasting and Case Auction and E-Auction Day or Saturday Live Auction Day. Persons must be 21 or older to attend any event.
2. The auctioneer is the agent for the seller.
3. These Conditions of Purchase, as amended by addenda or oral announcements during the sale, constitute the entire terms and conditions of seller with respect to the sale and purchase of auction lots listed herein. By bidding, the bidder agrees to be bound by these Conditions of Purchase.
4. Seller does not warrant or represent, expressly denies responsibility for, and in no event shall be liable for, the accuracy of the description of the wines (or other items) offered, or the correctness of the catalogue, including, but not limited to: the origin, rarity, age, genuineness, quantity, aging potential, present and future quality or condition of wines offered. All statements by seller are merely statements of opinion and are not to be relied upon by prospective purchasers as warranties or representations of fact, and prospective bidders, by so bidding, acknowledge that they have inspected the wines to their satisfaction and bid only as a result of their own inspection and opinion. All wine is sold on strictly an "AS IS” basis.
5. All bids are per lot as announced by the auctioneer, listed in the catalogue, displayed at the event, or amended in the addendum. Seller may divide or combine any lot or lots at its sole discretion.
6. Seller may, at any time prior to the close of any auction (or fall of the gavel in a live auction), withdraw the lot from sale.
7. Seller shall have the right to reject any bid at any time prior to the close of any auction (or fall of the gavel in a live auction). Bids will be accepted only from registered bidders.
8. Should a dispute arise between bidders in the Live, Barrel or E- Auctions, or should the auctioneer doubt the validity of any bid, the auctioneer shall have the absolute right to resolve the dispute, re-offer, re-sell, or withdraw the lot in question.
9. For live auctions, no bid shall be valid unless acknowledged by the auctioneer. At the fall of the gavel the highest acknowledged bidder shall be deemed to have purchased the lot and thereupon assumes full risk and responsibility for the lot. Purchaser agrees with the specific intention of being bound that he or she will pay the full purchase price for all lots recorded to his/her paddle/bidder number immediately and in no event later than Sunday, June 3, 2012. Seller's sole responsibility for non-delivery shall be limited to refund of the purchase price.
10. For other auctions (including Barrel Tasting and Case Auction and E-Auction), bids are acknowledged when the bid is posted on the bid board or electronic displays. At the close of auctions the highest acknowledged bidder shall be deemed to have purchased the lot and thereupon assumes full risk and responsibility for the lot. Purchaser warrants that he or she will pay the full purchase price for all lots recorded to his/her paddle/bidder number immediately and in no event later than Sunday, June 3, 2012. Seller's sole responsibility for non-delivery shall be limited to refund of the purchase price.
11. Bids that are submitted to the seller in writing or otherwise left with the seller prior to the sale, for execution at or below a specified price, are entertained and executed by the seller for the convenience of the bidders; but the seller shall not be responsible for failing to execute such bids or for errors relating to the execution of such bids.
12. All wines sold herein are subject to the provisions of the California Alcoholic Beverage Control Act and are offered and sold subject to its provisions. Any offer or sale shall be governed and interpreted by the laws of the State of California.
Collection of California Sales Tax
13. Unless a valid resale permit is presented to seller prior to the sale, purchaser will be required to pay all state and local retail sales taxes applicable on the date of sale. Resale permits will be accepted only for businesses that are reasonably expected to buy and sell wine. Sales tax will be collected on the fair market value of each lot.
Federal Income Tax Information
14. For federal income tax purposes, Auction Napa Valley is classified as a tax-exempt corporation under Internal Revenue Code Section 501(c)(3). Bidders may be entitled to deduct a portion of their payments for Auction lots as a charitable contribution. Each bidder should consult his or her tax advisor regarding deductibility for state and federal income tax purposes.
15. Seller will accept payment only from the successful bidder.
16. Full payment, in United States dollars, must be made at the conclusion of the Auction on Saturday evening, June 2, or on Sunday, June 3, 2012, and in all cases prior to removal of the wine. All payments must be made by cash, check, MasterCard, VISA, or American Express. Wine (except barrel lots) will be released as set forth below following payment by company or personal check only if seller has received, no later than May 31, 2012, a letter from bidder's bank stating that payment by check is guaranteed up to a specified amount equal to or greater than the bidder's obligation. Where such guarantee is not received, a company or personal check will be accepted, but the wine will not be released until the check has cleared. Proof of identity may be required. Any sums not paid by Sunday, June 3, 2012, are subject to a 10% surcharge. Seller reserves the right to re-sell any lot or lots for which payment has not been made at the conclusion of the Auction.
17. Should any dispute related to this Agreement, including but not limited to these conditions of purchase, arise, the prevailing party shall be entitled to its reasonable attorney's fees and costs. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, and any legal action regarding it or its terms shall be brought in the Superior Court for the State of California for the County of Napa.
Live Lot Pickup
18. All accounts will be paid in full and checks cleared prior to lot release. A copy of the paid invoice must be presented before lots can be released. After payment has been made at Meadowood on either Saturday, June 2, 2012or Sunday, June 3, 2012, Live Auction lots can be picked up at Meadowood on Sunday, June 3, 2012, between 10:00 am and Noon. Title and risk of loss shall be deemed to automatically transfer to purchaser upon full payment of purchaser’s account and upon the earlier to occur of (i) pickup pursuant to the terms of this section, or (ii) Noon. on Sunday, June 3, 2012.
Live Lot Shipment
19. Seller has no obligation to ship or arrange shipping. Shipping arrangements, expenses, and insurance are all the responsibility of the purchaser. Since shipping regulations vary from state to state, out-of-state bidders should be familiar with, are fully charged with knowledge of and are responsible for compliance with the laws of the destination locality. If live auction lots are not picked up by the purchaser by noon on Sunday June 3, 2012, the purchaser specifically authorizes ANV’s designated storage provider to accept the wine lot on behalf of purchaser for storage. The lot will be stored at no charge for thirty (30) days during which time purchaser has the sole responsibility for arranging shipping through the designated storage/shipping provider. If the lot is not shipped or transferred from the facility during the thirty (30) day period, the wine lot will remain at the designated storage provider and purchaser will be solely responsible for payment of storage charges to according to the storage provider’s fee schedule. Seller has no responsibility or obligation to pay storage charges for the account of Purchaser to any storage facility.
Barrel Tasting and Case Auction Lots
20. Wines offered in the Barrel Auction do not include the barrel.. Each Barrel Auction wine lot (one case each) shall be identical to the samples available at the Barrel tasting. The barrel lots, consisting of one case per lot, will be sold as described in the catalogue. When the bidding is closed, the 10 highest bids of record for each lot will be recorded as the purchasers of one case (9 liters) each. The vintner retains sole discretion as to when the wine will be bottled and delivered to the purchaser. The purchaser acquires only the right to take possession of the wine when notified by the winery and has no right of inspection pending notification. Purchaser agrees to take delivery and make shipping arrangements within 60 days of notification. The right to take possession shall not be assigned or otherwise transferred without first obtaining the written permission of the seller. Shipping arrangements and expenses are the responsibility of the purchaser.
21. Purchaser agrees to take delivery and make shipping arrangements with the participating winery within 60 days of notification. The right to take possession shall not be assigned or otherwise transferred without first obtaining the written permission of the seller. Shipping arrangements and expenses are the responsibility of the purchaser.
22. No representative or employee of seller shall have the right to waive or modify any of the terms/conditions set forth herein, except that the seller's authorized representative may do so by general announcement at the Auction.
23. The Auction is a widely publicized event. As a condition of and in consideration for participation in the Auction, participant releases Auction Napa Valley from any liability connected with the reproduction, adaptation, display, publication, and distribution, in any and all media, whether now known or yet to be developed, of any videos, photographs or other images taken of the participant at the Auction, participant’s name, voice, likeness, city of residence, and any other information regarding her/his participation in the Auction.