Terms & Conditions
Nest Egg Auctions
Terms of Sale
All bidders are required to read the Terms and Conditions of the Sale before bidding with Nest Egg Auctions LLC collectively referred to below as “NEA”. Those who bid are bound by these Terms and Conditions of the Sale, as amended by any oral announcement, published or posted notices, which together form the contract of the sale between the successful bidder “buyer”, “NEA” and seller “consignor” of the lot.
1. ACCEPTANCE OF TERMS: When bidding on any lot offered by NEA, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds the bidder to agreement of these terms whether or not buyer has read or understood said terms. The terms in writing contained herein are subject to change without notice and bidder agrees that the most recently published Terms of Sale as published or amended on the website at the beginning of the auction shall apply.
2. BIDDER ELIGIBILITY AND REGISTRATION: Buyers warrant that they are at least age 18 and possess a valid photo ID. Buyers are required to provide a verifiable address of residence, phone number, and email in writing at least 48 hours prior to auction date. It is the bidder’s responsibility to take buyers premium, shipping, and insurance costs into consideration when bidding on items. It is the buyers responsibility to personally inspect auction items, or request condition reports and detailed questions prior to bidding.
3. TITLE: Title to all merchandise shall pass to the highest bidder at the fall of the auctioneer’s hammer. The buyer will then assume all risk and full responsibility of the lot purchased once ownership has changed. NEA recommends that buyers arrange insurance for all items immediately upon becoming the highest bidder.
4. BUYER’S PREMIUM: A buyers premium will be added to all successful bids and is payable by the buyer as part of the total purchase cost. Base buyers premium (phone, live in-person and in-house absentee) of 18% applies to phone and direct absentee bidding. A 3% discount is offered for cash, check, wire, and money order payments. Third-party Bidding platforms such as Hibid, Live Auctioneers, Bidsquare, Invaluable charge 23% Buyers Premium. A 3% Discount Applies for Cash or Check Equivalent. Refer to the bidding platform of choice for the final buyer’s premium at the time bids are entered. Buyers premium is non-negotiable. Split payment methods (cash/credit) lose 3% discount.
5. LIMITED GUARANTEE: NEA makes every effort to accurately describe all items offered in its sales. The descriptions and condition reports carry a limited guarantee. It is a guarantee to protect the buyer against select errors in fact and major discrepancies that would have a significant effect upon the value of the item. This limited guarantee covers the following:
a. DESCRIPTIVE FACTS: Size, weight, materials, general age, major restoration, special features, obvious modification, or major discrepancies not disclosed in the description.
b. CONDITION DISCREPANCIES: It is the bidder’s responsibility (present, online, or absentee bidders) to determine by inspection by themselves (or a hired professional) the exact condition of each item prior to bidding on the item. Condition reports are the opinion of NEA and represent the observations of the cataloger.
c. BIDDERS RESPONSIBILITIES: It is the bidder’s responsibility to initiate contact with NEA in request for additional information regarding the items. Submit all questions regarding upcoming auction items at least 48 hours prior to the date of auction. NEA will make every effort to answer all submitted questions in a timely manner. In-Person Bidders must examine all items prior to purchase and again upon receipt. Any discrepancies must be noted prior to leaving the facility. If bidding via absentee or online, then it is the bidders responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is the buyers responsibility to contact us immediately. The limited guarantee is null and void 24 days after the auction date (NOT THE DATE OF RECEIPT). If a buyer pays late and receives items late, through action or inaction on their part, the buyer is disqualified from any guarantee. Under no circumstances will NEA be responsible for lost profits or other financial damages. If it is agreed that an item may be returned, it is the buyer's responsibility to return it in the same state and condition as received. Returned items that are modified, damaged, or mishandled void all guarantees.
d. LIMITATIONS: The limited guarantee covers major discrepancies in condition reports, such as error in fact, visible repairs or restorations, or major differences materials or size in description. This limited guarantee is only available to the buyer of record. Please refer to POST SALE RETURN POLICY. Except as stated in the limited guarantee above, NEA will not be held responsible for typographical errors or errors of omission. This limited guarantee does NOT cover imperfections, patina, slight damages, handling marks, natural imperfections, undisclosed minor blemishes, originality, origin of object, diamonds or colored gemstones (natural or otherwise), artist signatures, claims of provenance, unverifiable age, and other minor differences that are inherent in the antiques and collectibles offered for sale. NEA will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs.
e. AS-IS: Auction lots and items offered with the designation “AS-IS”, “Poor condition”, or “For parts or restoration” are offered without guarantee, all sales are final and sold without refund or buyer recourse.
6. POST SALE RETURN AND REFUND POLICY: If a major description or condition discrepancy is discovered within 24 calendar days of the auction, a buyer may submit a request in writing for a full refund under the following conditions: The request for refund must be received in writing before the end of the 24th day. The auction lot in question must be received by NEA within 3 days of the request for return and refund. After receipt of the lot in question, NEA will perform an evaluation, and determine the validity of the request. If a return and refund is granted, NEA will notify the buyer within 7 calendar days of receipt. NEA does not offer adjustments or partial refunds. Refunds are only given for the total hammer price plus buyers premium per lot. Accepted refunds are paid only by paper check, and submitted to the buyer 30 days after receipt of items.
7. IN-PERSON PAYMENT AND PICKUP: Pickup and Payment is by appointment only. You will receive pickup instructions by email or text message following the auction. If an agent will be picking up on your behalf, please notify us in writing, prior to making your appointment.
8. SHIPPING: Shipping and transportation costs are the responsibility of the buyer. NEA ships most items in-house. Once your auction invoice is paid, you will be contacted by our shipping department. We use the Shipping Saint Platform to manage the shipping process from start to finish. Shipping is billed separately from auction invoices. Shipping is calculated as follows: Cost of Materials, Labor for packing, cost of shipping label, and required 1% Insurance. Many Items we offer at auction are difficult and time consuming to pack properly. It is the buyers responsibility to obtain quotes prior to the auction, and have items picked up withing 14 days of the auction date. For shipping quotes and questions, please e-mail email@example.com or call 203-630-1400.
a. ADDRESS: NEA is not responsible for incorrect shipping addresses. Buyers must verify the shipping address listed on their invoice prior to shipment. Standard items packed internally by NEA will ship approximately one to fourteen business days after payment.
b. INSURANCE: All lots in transit require insurance at a rate of 1% on the total invoice.
c. OVERSIZE/SPECIAL: Certain auction items exceed standard shipping fees and may require over-sized and heavy shipping surcharges. Every effort is made to note these charges prior to catalog publication, but may be included on a shipping invoice post auction without notice.
d. INTERNATIONAL: NEA welcomes international buyers. NEA does offer limited in-house shipping for international buyers. Please contact us prior to the auction for quotes and more information. It shall be the potential buyer’s sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property and for paying all shipping costs, customs and duties on the items. NEA will not, declare lesser values for any international purchases and all shipments will include the invoice with purchase totals including the buyer’s premium and shipping cost.
9. GOODS MADE FROM OR CONTAINING MATERIALS FROM PROTECTED SPECIES: NEA does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omission in marking or labeling goods as containing materials from protected species. Such material includes, but is not limited to, ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal, and state laws and regulations promulgated thereunder. Laws include, but are not limited to, the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), the Endangered Species Act (ESA) and the Marine Mammals Protection Act (MMPA). States currently restricting trade of protected species include, but are not limited to, California, New York and New Jersey. Prospective buyers are on notice that several countries completely prohibit importation of property made, all or in part, of protected materials. Some countries require special permits, such as a CITES permit, from the relevant regulating authority in the countries of exportation and importation as well. Potential buyers intending to import the property into another country should be familiar with the relevant customs laws and regulations prior to bidding on goods containing material from protected species. Regulations may vary as the U.S. generally prohibits importation of articles containing material(s) from species it has designated endangered or threatened if the articles are less than 100 years old, subject to certain exceptions. It shall be the potential buyer’s sole responsibility to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. All buyers agree to comply with any and all domestic and international restrictions on the trade of protected species as a condition of the sale. Please note that the ability to obtain an export license or certificate does not ensure the ability to obtain an import license or certificate in another country, and vice versa. It is the buyer’s responsibility to obtain any export or import licenses and/or certificates as well as any other required documentation. NEA is not able to assist the buyer in attempting to obtain the appropriate licenses and/or certificates, and there is no assurance that an export license or certificate can be obtained. The inability or delay in obtaining permits, licenses or other permissions to import or export goods containing material from protected species will not constitute a basis for rescission or cancellation of the sale of said goods or the delay in payment of purchased items in accordance with these Bidder Terms and Conditions.
10. BIDDING TERMS: The auctioneer will determine the highest bidder. The auctioneer alone has the right to reopen the bidding of an item at any time if deemed necessary due to a dispute. If there is a tie bid between the floor and Internet or absentee bid, the floor bid takes precedence. In the event of a tie internet bid, the auctioneer will choose the highest bidder. NEA and its representatives reserve the right to remove those attendees who impede preview and/or the auction. NEA is not responsible for any errors in bids, omissions of bids, or failure to execute bids and shall have no liability to any bidder for any technical or other failure associated with internet, absentee bidding, or telephone bidding. In the event of an on-site utilities or internet services interruption, the auction will be suspended until such a time that the utility can be restored. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor.
a. ABSENTEE BIDDING: NEA will accept absentee bids if pre-authorized by mail, phone, email, online, or in-person. Absentee bidders must use the absentee bid form and clearly mark the lot number, title and maximum bid amount. If there are two (2) identical bids placed on the same item, priority will be given to the first bid received. All bids must be left in increments as published for that particular auction. If a bid is “out of increment,” the auctioneer will automatically round the bid down to the next correct increment. Seller(s) agree to allow the Auctioneer to accept and execute absentee bids in a competitive manner for potential buyers and under the NEA absentee bidding terms and conditions. During the live sale, the auctioneer will execute absentee bids competitively (starting with the lowest possible bid point) up to the maximum amount indicated.
b. ONLINE BIDDING: Online bidding through www.nesteggauctions.com, Live Auctioneers, Invaluable, Hibid, or other bidding platforms may be available. These terms and conditions apply, as well as additional terms and conditions for each third-party platform. These Terms & Conditions will take deference over any posted online terms and agreements. A surcharge may be added for third party online platforms. Refer to the bidding platform of choice for the final buyer’s premium. If there is a tie bid between the internet bidding venues and the floor, the floor bid takes precedence. Due to our fast paced auctions and bids coming from floor bidders, phone bidders, Internet bidders and absentee bids, the auctioneer has the final word on all item(s) sold. The bidder assumes the risk of winning an item online and discovering the item has sold to another bidder. This is due to the final call of the auctioneer and the operator not being able to re-open that lot. Registered Online bidders are fully responsible for accidental bidding as if they bid normally.
c. BID RESULTS: NEA will only contact successful bidders. Please allow up to 48 hours post auction to receive an official invoice directly from NEA. The invoice will include the lot info, hammer price, premium, and any other charges that apply. Please hold phone inquiries regarding bid success until after receiving the invoice. For verifications, NEA cannot provide winning bid information until the second business day after the auction. NEA does not provide bidder information to any outside sources.
d. TELEPHONE BIDDING: Requests for phone lines must be received at least three (3) days prior to the auction date. NEA cannot guarantee phone lines but will make every attempt to accommodate those who wish to participate live via phones. Phone lines are provided to qualified bidders at NEA's preference. Please contact us directly to arrange phone bidding.203-630-1400. Minimum bid requirements may apply.
e. BIDDERS PRESENT AND TAKING ITEMS AFTER AUCTION: Since item liability transfers upon a successful bid, items paid for must be packed, transported and/or removed by the buyer at his/ her own risk after the close of the sale. NEA recommends that buyers arrange insurance for all items immediately upon becoming the highest bidder. If any employee or agent of NEA shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the buyer. NEA shall not be held liable for any loss or damage that may be caused by the said agent or employee.
f. RESERVES: The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is at or below low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. The auctioneer will note if a buyer is bidding against the reserve.
11. PAYMENT TERMS: NEA accepts Visa, MasterCard, Discover, American Express, personal checks, certified checks, wire transfers, money orders, and cash. Any invoice totaling more than $25,000 must be paid within three (3) business days of the auction date. All other merchandise must be paid in full within seven (7) days of the date of the invoice. Credit Card Payments are only accepted in-person, or through our secure online portal. We do not accept credit cards over the phone. Upon payment in full, it is the bidder’s responsibility to submit any additional information necessary, to initiate shipping. Invoices over $5,000 may be subject to mandatory check or wire payment. Buyer authorizes NEA to sell, at their standard commission and consignment contract terms, any goods not retrieved after a 90-day period in any manner deemed appropriate by NEA and the proceeds will be applied to any outstanding balance due from the buyer.
a. CREDIT CARDS: Link for online credit card payment will be listed in the buyers invoice. Credit Card payments are subject to maximum buyers premium, but can be discounted by 3% if payment is received by cash, check, money order or wire transfer. Credit Card payments are only accepted from the buyers name listed on the invoice. NEA reserves the right to refuse to ship to a different address than the billing address on the credit card being used. NEA does not allow credit card chargebacks for any reason and any delivered items subject to a chargeback will be considered as stolen merchandise and reported immediately to local authorities. Credit cards information is not stored and payment for invoices is the buyer’s responsibility. We do not use third party billing services and the buyers credit card will not be automatically charged.
b. CHECK: There will be a $40.00 service charge for returned checks. Make checks payable to: Nest Egg Auctions LLC. Checks can be mailed to: Nest Egg Auctions LLC 8 Metals Drive, Plantsville CT 06479. NEA reserves the right to hold items paid for by personal or company check until said check clears (14 days). NEA has the right to hold all checks over $2,000. Customers who have an established successful buying history with NEA may be exempt from this requirement. First time buyers paying by check may be subject to additional requirements such as bank letter of credit.
c. WIRE TRANSFERS: Wire transfers are accepted for invoices totaling more than $5,000 USD. Invoices below $5,000 may be subject to a $30 transaction fee.
d. NON-PAYMENT: In the few situations where a successful bidder does not remit payment when due, NEA will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation.
e. HIGH VALUE TRANSACTIONS: High value, International Transactions, and the purchase of monetary instruments may require additional clearance time regardless of payment method.
f. BULLION, FINE JEWELRY, COINS AND GOLD: High value items such as watches, coins, gold jewelry, silver, or diamonds may be subject to mandatory check ro wire payments. Credit card payments may not be available for items in this category.
g. SALES TAX: NEA is required to collect sales tax where applicable. It is the bidder’s responsibility to know the sales and use tax law in their locality and know what sales and use tax will be due upon their purchase. Lots are subject to all applicable state and local taxes, unless appropriate resale permits are on file with NEA prior to invoicing. Bidder agrees to pay NEA the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an expired, inaccurate, or inappropriate tax certificate or declaration, 2) an incorrect interpretation of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on file and verified by NEA five days prior to Auction, or tax must be paid; only if such form or certificate is received by NEA within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be aggregated for sales tax purposes.
12. WITHDRAWAL OF PROPERTY: NEA reserves the right to withdraw any property from the auction at any time and shall have no liability whatsoever for such withdrawal.