Terms & Conditions
ARRANGEMENT BY LOTS:
The description of the wine is followed by the quantity offered within the lot. There is an Index at the end of the catalogue.
ESTIMATED SALE PRICES:
For the guidance of bidders, estimated prices are printed with each lot. The low end of the estimate is the price at which, in the judgment of MORRELL & COMPANY, the lot would be purchased at a bargain. The top end of the estimate is the highest price anticipated based on recent U.S. auction results. Unusual lots or particularly rare wines may have only an open-ended starting price.
All of the wine is offered at per lot. Consignors may not bid on their own wine.
PAYMENT & TAXES:
Buyers will be invoiced immediately after their successful bid and payment of the final purchase price and all taxes can only be accepted in U. S. currency, with checks drawn on U. S. banks or by Master Card, Visa or American Express Credit Cards. MORRELL & COMPANY is required by law to collect the appropriate state and local taxes from Buyers unless the Buyer can establish to MORRELL & COMPANY's satisfaction that the purchase is non-taxable. MORRELL & COMPANY's determination, in its sole discretion, shall be conclusive as to any issues of taxation. All non-taxable transactions must be fully documented prior to the release of property. It is the Buyer’s responsibility to ensure compliance with applicable tax laws outside of New York State.
Invoices remaining unpaid after ten days will be automatically charged to the bidder's credit card given during registration.
Buyers paying by check should allow five (5) business days prior to release of property. Thereafter, Buyers may arrange to pick up their wines by telephoning MORRELL & COMPANY Fine Wine Auction (212-307-4200) at least 24 hours in advance between 9 a.m. and 5 p.m. Monday through Friday.
MORRELL & COMPANY recommends that Buyers arrange to pick up their wine. Shipping by commercial means, particularly of older wines, can be risky. MORRELL & COMPANY and its agents cannot assume responsibility for deterioration from normal conditions resulting from shipping. All shipments are subject to a 1% insurance charge. We urge you to note that this covers only breakage or loss during shipping.
Delivery Into Buyer's State:
Bidders are reminded that various states impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction by a purchaser from another state without requiring the purchaser, a seller or shipper to possess certain licenses or permits. MORRELL & COMPANY shall not, as a condition to sale, assume any obligation nor bear any responsibility whatsoever for applying for or obtaining any permits or licenses. Therefore, a bidder is strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into its state from New York to comply with all of said state's requirements.
Delivery Within New York State:
MORRELL & COMPANY will deliver wines within Manhattan at a charge of $15 per case or part case, inclusive of insurance for breakage or loss during shipping. For delivery outside of Manhattan, but within New York State, there is a charge of $15 per lot or per case for packing and handling plus $25 per case or part case. All such shipments outside New York City are subject to a 1% insurance charge. A lot can be delivered to only one address. In many instances, special messenger service is recommended and rates are available upon request.
Delivery Outside New York State, but Within the Continental United States:
All wines are sold in NY State and the title passes to the buyer in NY State. We make no representation to the legal rights of anyone to ship or import wines in any state outside of New York State. The buyer is solely responsible for shipment of wines. Vintage Warehouse will provide all necessary packing and arrange expeditious shipping through appropriate freight forwarders. All shipments will be shipped pre-paid at Buyer's expense and a packing and handling fee of $10 per lot or per case will be charged by Vintage Warehouse. Please note that certain modes of shipment require re-packing of wines presently in original wooden cases. In this event, Buyers should specify, when providing shipping instructions, if they wish to receive the original cases in addition to the wines. In this instance, a separate shipping fee of $15 per empty wooden case will be charged. Shipping charges vary based on shipping method, quantity, value and location. For exact charges, please inquire. Please note that all shipments are subject to a 1% insurance charge.
Delivery Outside the United States:
Vintage Warehouse will assist in making arrangements for delivery and insurance of wines purchased to locations outside of the United States. Please inquire for more information.
Complimentary storage for wines purchased in the auction will be available at Vintage Warehouse for 60 days. Any lots remaining at Vintage Warehouse beyond these 60 days will be moved to a long-term storage facility and New York sales tax will be required. Under no circumstance will Morrell & Company Fine Wine Auctions be responsible for wine left in the warehouse past 12 months.
EXAMINATION OF WINES
Prospective buyers are invited by appointment to examine any lots prior to the auction at Vintage Warehouse. Contact the Morrell Auction Department at 212-307-4200 for an appointment.
1. All property is sold ""As Is"" and neither MORRELL & COMPANY nor seller make any express or implied warranties or representations of any kind or nature with respect to the property, and in the event shall they be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, description, genuineness, attribution, provenance or condition concerning the property. No statement in the catalogue or made at the sale or in the bill of sale or the invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability. Neither seller nor MORRELL & COMPANY shall be liable for any incidental or consequential damages arising from the sale of any property.
2. Notwithstanding any other terms of these Conditions of Sale, if within 21 days after the sale, MORRELL & COMPANY has received from the Buyer of any property notice of a claim in writing alleging that any lot is short or that any statement in the catalogue concerning such lot is not well founded, then MORRELL & COMPANY in its sole and absolute discretion will decide any such claim as between the Seller and the Buyer and may rescind the sale and refund the purchase price received.
3. As used in these Conditions of Sale, the term ""the final bid"" means the price at which a lot is knocked down to the Buyer, and the term ""the purchase price"" means the sum of the final bid and the premium payable by the Buyer. The purchase price payable by a Buyer shall be the sum of the final bid and a premium of 18% of the final bid.
4. MORRELL & COMPANY reserves the right to withdraw any lot before or at the time of sale or to combine two or more lots.
5. Many of the lots in this sale are offered subject to a reserve, which is a confidential minimum price below which the lot will not be sold. MORRELL & COMPANY may implement the reserve by bidding on behalf of the Seller.
6. The highest bid acknowledged by the auctioneer shall be the Buyer. The auctioneer has the right to reject any bid and to advance the bid at his/her absolute discretion and, in the event of any dispute between bidders, to determine the successful bidder or to re-offer and re-sell the property in dispute. Should there be any dispute after the sale, MORRELL & COMPANY's record of final sale shall be conclusive. On the fall of the auctioneer's hammer, the Buyer assumes full risk and responsibility for the lot and may be required to sign a confirmation of purchase, supply his/her name and address, and pay the full purchase price thereof. If the Buyer fails to comply with any such requirement, the lot may, at the auctioneer's discretion, be re-auctioned and sold again.
7. The full purchase price of each lot shall be paid in full at the time of the sale or in such manner as the Buyer has arranged with MORRELL & COMPANY prior to the auction. The sale price shall be exclusive of any storage or delivery charges. Title to the property will not pass until payment has been made.
8. Goods will be released to the Buyer only on presentation of an invoice marked ""Paid"" signed by MORRELL & COMPANY. No delivery will be made until full payment of the purchase price of the property has been made to MORRELL & COMPANY. Not less than an entire lot can be taken or delivered to one address and unless otherwise agreed in writing, all goods shall be removed or instructions given for removal within 14 days after the sale. Free storage is available upon request for 60 days following the sale and full payment.
9. Bids which are submitted to MORRELL & COMPANY in writing or otherwise, prior to the sale, for execution at or below a specified price, are entertained and executed by MORRELL & COMPANY for the convenience of the bidders, but MORRELL & COMPANY shall not be responsible for failing to execute such bids or for errors relating to the execution of such bids.
10. If any applicable conditions herein are not complied with by the Buyer, MORRELL & COMPANY may, in addition to asserting all remedies available by law, including the right to hold the Buyer liable for the purchase price, either cancel the sale, retaining as liquidated damages any payment made by the Buyer, or re-sell the property on seven days' notice to the Buyer. If MORRELL & COMPANY re-sells the property, the Buyer shall be liable for the payment of any deficiency in the purchase price and all costs and incidental damages including, but not limited to, warehousing, the expenses of both sales, reasonable attorney's fees and all other charges due hereunder.
11. Estimated prices are provided solely for the guidance of Buyers and are printed in the text.
12. Although MORRELL & COMPANY will exercise reasonable care in entering and executing absentee and internet bids, any failure to execute bids or error in doing so shall not be the responsibility of MORRELL & COMPANY or its staff. The highest bid acknowledged by the auctioneer shall be the Buyer.
The level of wine in the bottle is an important influence on the quality of the wine. For Bordeaux, Port, California Cabernet Sauvignon, and other wines in bottles with defined shoulders, the designations appearing below have been used:
- Neck levels are the normal fills of young wines.
- Bottom neck levels are acceptable for all wines.
- Neck/shoulder levels are acceptable for most wines.
- High shoulder levels are normal for bottles 15-20 years old.
- High-mid shoulder levels are acceptable in any wine over 20 years old.
- Mid-shoulder levels may carry some risk or weakening of the cork.
- Low shoulder levels are quite risky.
- Bottom shoulder levels are only for rare, interesting, or collectible wines which may be undrinkable
- Burgundy, German, Alsatian, and similar bottles with gently sloping sides are measured and the distance from the wine to the cork is given in inches. Burgundy fills under 1"" may not be mentioned.
- The estimates take exact levels into account.
Appearance designations cover level of wine in the bottle, condition of capsule, label, strip label, and color of the wine. Excellent appearance can be assured if appearance is not specifically mentioned. Every bottle is closely inspected by MORRELL & COMPANY and is assessed as precisely as possible. The notation ""oc"" means original carton, ""owc"" means original wooden case, and ""ocb"" means original cardboard box.