Bastute Auctions | BastuteAuctions.com

All property offered and sold (“Property”) by Bastute Auctions Incorporated (“Auctioneer”) and the sellers of such Property for whom the Auctioneer acts as agent shall be offered and sold on the Terms and Conditions of Sale set form below. By registering to bid and / or by bidding on or buying any Property offered in the auction, whether present in person or by agent, by written bid, telephone, internet or other means, you / the buyer agree to be bound by these Terms and Conditions of Sale.

The terms “Auctioneer”, “we”, “us”, and “our” refer to Bastute Auctions Incorporated, an Illinois corporation. The terms “you” and “your” refer to the auction registrant, your agent, bidder, or buyer of a lot, as applicable.

The Terms and Conditions of Sale include (a) the terms and conditions in this document, (b) if online bidding is available, the terms and conditions published there, i.e., on online platforms such as HiBid or LiveAuctioneers, (c) additional information in the Buyer’s Guide, and any other notices published for this auction, in each case as may be amended prior to or during the auction by salesroom notices published in writing or made by oral announcement. Any post-auction sale of property offered in this auction shall be made subject to these same Terms and Conditions of Sale.

Bidder approval is at the sole discretion of the Auctioneer. Prospective bidders must submit a completed bidder registration form and any other requested information or references.

BIDDING ON ITEMS AUTOMATICALLY CONSTITUTES AGREEMENT WITH THESE TERMS AND CONDITIONS OF SALE.

Online Auctions:A valid credit or debit card is required to register and bid. You must register through HiBid or LiveAuctioneers.

Agents:Every bidder shall be deemed to act as a principal unless, prior to the commencement of the sale, there is written acceptance by the Auctioneer of a bidder registration form completed and signed by the principal which clearly states that the authorized bidding agent is acting on behalf of the named principal. Absent such written acceptance by the Auctioneer, any person placing a bid as agent on behalf of another (whether or not such person has disclosed that fact or the identity of the principal) may be jointly and severally liable with the principal under any contract resulting from the acceptance of a bid.

Privacy:You accept, agree, and understand that the Auctioneer will hold and process your personal information and may share and use it as required by law and as described in the Auctioneer’s Privacy Policy, available online at

Agency | Auction House’s Interest in Property Offered at Auction:

Unless otherwise indicated, the Property will be offered by the Auctioneer as agent for the consignor. If the Auctioneer has an ownership or equivalent economic interest in an item of property, in whole or in part, that interest shall be disclosed.

The Auctioneer reserves the right to modify the Terms and Conditions of Sale and the description of any Property by written or oral modification at any time prior to the fall of the hammer and any such modification shall become part of these Terms and Conditions of Sale. The Auctioneer reserves the right to make verbal corrections and provide additional information from the auction block at the time of sale. (Please review how absentee bids are handled below.)

The buyer acknowledges that they had the right to make a full inspection of all Property prior to sale. Any statements contained in the catalog or any advertisement, bill of sale, announcement, condition report, invoice or elsewhere as to the Property’s period, culture, source, origin, media, measurement / size, quality, repair and / or restoration, rarity, provenance, importance, exhibition and literature of historical relevance, merchantability, fitness for a particular purpose, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS, WARRANTIES, OR ASSUMPTION OF LIABILITY. Therefore, as property is sold “AS-IS”. Neither the Auctioneer nor any consignor makes any warranties, express or implied, with respect to the item(s).

The Auctioneer is acting solely as an auction broker, and unless otherwise stated, does not own the Property offered for sale and has made no independent investigation of the Property.

It is the responsibility of the buyer to obtain all possible information prior to bidding. The buyer is encouraged to request a report of condition prior to the sale. If you are not completely satisfied with an item / lot before you bid, DO NOT BID.

Neither the Auctioneer nor the seller shall be responsible for any error or omission in the catalog description of any property. Bastute Auctions is not responsible for any differences in an item’s appearance in person compared to their catalog photographs. We encourage you to preview items.

No employee or agent of the Auctioneer is authorized to make on our behalf or that of the seller any representation or warranty, oral or written, with respect to any property.

Unless specifically illustrated and noted, frames are not included in the estimate or purchase price. We accept no liability for damage or loss to frames during storage or shipment. (Gesso frames, in particular, may be damaged by transport.)

All weights, lot counts, and measurements are approximate.

If you intend to plug in electrical items, it’s recommended that a licensed professional inspect / service such items. All items are sold for display purpose only and without any warranty for electrical or mechanical components.

All mechanical devices (e.g., cigar cutters, clocks, motion signs, slot machines, etc.) are sold without guarantee as to the working condition of each lot. We strive to describe accurately all aspects of each lot’s condition, including that of mechanical devices, but cannot guarantee the strict accuracy of these reports specifically regarding working condition or mechanical function.

If we describe an item as “working”, we mean at the time and place it was tested. There is no guarantee that it will light up or operate correctly after shipment. Bidders are encouraged to personally examine any electrical and / or mechanical lot.

Unless the sale is advertised and announced as “without reserve”, each lot is offered subject to a reserve. The reserve is the confidential minimum hammer price at which such lot will be sold and it does not exceed the low estimate value for the lot.

The reserve of lots in an online auction, if any, is entered into the third-party platform’s system, i.e., HiBid or LiveAuctioneers, and automatically executed.
If a lot is offered subject to a reserve, the Auctioneer may implement such reserves by bidding through its representatives on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the Auctioneer has an interest in an offered lot and the proceeds therefrom other than its commissions, the Auctioneer may bid up to the reserve to protect such interest.
If any opening or subsequent bid is below the reserve for a lot, the Auctioneer (or, for online-only sales, on the close of the lot by the online bidding system) may reject such opening bid or subsequent bid and withdraw the item from sale.
CONSIGNORS / SELLERS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.

The Auctioneer in its sole and exclusive discretion, reserves the right to withdraw any Property, at any time, before the fall of the hammer.

Auctioneer's Discretion:

Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as number in the printed and / or online catalog. The Auctioneer reserves the right to modify the order, precedence or appropriate increment of bids or the constitution of lots. Bidding increments for each auction are posted online and in the printed catalog, if one is published.

If the Auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Property offered, the Auctioneer may reject the same and withdraw the Property from sale.

Auctioneer as Arbiter:

The highest bidder acknowledged by the Auctioneer shall be the buyer. The Auctioneer has the right to reject any bid, to advance the bidding at their absolute discretion. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the Auctioneer’s sale record shall be conclusive in all respects.

The title to any purchased property will not pass until full and final payment has been received by the Auctioneer. Upon the fall of the hammer, the highest bidder as determined in the exclusive discretion of the Auctioneer and the Auctioneer have entered into a contract subject to these Conditions and Terms of Sale. Buyer thereupon assumes full risk and responsibility for the Property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyer’s Premium, therefor or such part, upon such terms as the Auctioneer may require. No transfer will be recognized from one buyer to another.

PAYMENT FOR EACH INVOICE IS DUE IMMEDIATELY UPON RECEIPT OF THE INVOICE. Accounts must be settled in full before Property is released to the buyer. No lot may be removed from the Auctioneer’s premises until the buyer has paid in full the purchase price including Buyer’s Premium. Unless otherwise agreed, payment in good, cleared funds is due and payable within (5) business days following the auction sale. We reserve the right to refuse to accept payment from a source other than the registered bidder or buyer of record.

The purchase price means the aggregate of (a) the hammer price, (b) the buyer’s premium, and (d) any state or local sales tax (or compensating use tax) and other applicable taxes, unless the buyer is exempt by law from the payment thereof.

The “hammer price” means the price at which a lot is successfully knocked down to the buyer (or, for online-only sales, the price acknowledged by the online bidding system).
Payment for purchases must be made in US dollars.

Online bidders must provide a valid credit or debit card in order to register. Purchases will automatically be posted to that card within 72 hours after the auction close, unless other payment arrangements have been made and agreed to in writing prior to the date of sale. If payment is made through HiBid or LiveAuctioneers, their payment policy applies. If a credit card is used for payment, no chargebacks are allowed for any reason.

We accept a debit or credit card issued in the name of the buyer of record. Only one debit or credit card may be used for payment of an account balance.

A Buyer’s Premium, retained by us and payable by the buyer, will be calculated based on the hammer price. The Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be announced at the auction, in the printed and online catalog, and in all published advertisements. The Auctioneer reserves the right to modify the Buyer’s Premium up to and including the day of the auction.

If we are prevented by breakage, fire, theft, any act of God, or other reason whatsoever from delivering any Property to the buyer or a sale otherwise cannot be completed, our liability shall be limited to the sum actually paid therefore by the buyer and shall in no event include any compensatory, incidental or consequential damages.

Removal and Storage:

Payment is a precondition to removal. Payment will not be deemed to constitute a payment until cleared and good funds received.

Subject to the foregoing, all Property shall be removed by the buyer at his / her expense within ten (10) days of the date of invoice. Lots shipped in-house will be considered in compliance with this requirement. If third-party shipping is utilized, notification of the carrier selected by the buyer is sufficient. There will be no refunds if the item(s) are not picked up or shipped and subsequently forfeited. All sales are final and negligence to arrange shipping does not imply that any sort of refund is warranted, even if the item invoice has been paid.

Lots not being shipped in-house or by a third-party carrier may be sent by the Auctioneer to a public warehouse, at the sole risk and expense of the buyer(s).

The Auctioneer will not be responsible for any loss, damage, or theft, or otherwise responsible for any goods left in the Auctioneer’s possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Auctioneer and the Consignor (including without limitation the right to hold the buyer(s) liable for the bid price) the Auctioneer, at its discretion, may either cancel the sale, retaining as liquidated damages all payments made by the buyers, or resell the Property. In such event, the buyer(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Auctioneer’s commission at the Auctioneer’s standard rates together with all related and incidental charges, including legal fees.

To the fullest extent permitted by applicable law, the buyer grants the Auctioneer a continuing security interest of first priority in any property, and we may retain as collateral security for the buyer’s obligations to us, any property and all monies held or received by us for the account of the of, or owing to such buyer, in the Auctioneer’s possession. The Auctioneer may retain and apply such property or money as collateral security for the obligations due to the Auctioneer. The Auctioneer shall have all of the rights accorded a secured party under the Illinois Uniform Commercial Code and you agree that we may file financing statements without your signature.

The Auctioneer offers absentee bid options, Absentee and Phone, to qualified bidders who do not wish to bid online or cannot bid in person. A valid credit card and government issued ID is required to participate in absentee bidding or phone bidding.

Absentee and Phone Bids must be submitted to the Auctioneer in a timely manner.
The Auctioneer reserves the right to execute absentee bids in most favorable way for the buyer to ensure a won lot.
Absentee Bids: The Auctioneer shall not be responsible for the failure to execute, or, to execute properly, any pre-sale bid.
Phone Bids: The Auctioneer is not responsible for an inability to call you or missed phone calls in attempt to let you phone bid. The Auctioneer will call you, the phone bidder, up to 2 times to reach you. The Auctioneer takes no responsibility for not reaching you to bid.

The Auctioneer conducts online auction sales using the HiBid and LiveAuctioneers third-party bidding platforms. Pre-sale / “absentee” bids may be placed on each platform as a “Maximum Bid” that will be automatically executed by the third-party platform. Bids are executed in the order received. (Thus, another bidder may win the lot at your Maximum Bid because it was placed earlier.) It is the buyer’s responsibility to verify the accuracy of the Maximum Bid they are placing before doing so. Bids cannot be retracted by the bidder. If you make a mistake, please contact us to retract your bid. It is not feasible to do so as the lot is ending, i.e., retractions must be requested before the closing date and time of the auction.

Neither the Auctioneer nor our employees or agents will be liable for any error or default (whether human or otherwise) retracting a bid or failing to do so. Without limiting the foregoing, the Auctioneers, its agents and employees, shall not be responsible for any problem relating to telephone, online, or other bids submitted remotely through any means, including devices or online platforms, including third-party online platforms, regardless of whether such issues arises with our, your, or such third-party’s technology, equipment, or connection.

Absentee bids will not be executed on lots found to be other than as described in the catalog unless the Auctioneer or one of its representatives has personally conveyed the updated catalog description to the absentee bidder. The bidder will then have the option of confirming, altering, or canceling the original absentee bid.

By participating in an auction online, bidders expressly consent to the recording of their bidding sessions and related communications with the Auctioneer, our agents, and employees and acknowledge their acceptance of these Terms and Conditions of Sale as well as any additional terms and conditions applicable to any such bidding platform or technology.

Unless exempted by law from the payment thereof, the buyer will be required to pay any state and / or local sales taxes (or compensating use taxes). If payment is collected via an online bidding platform, i.e. HiBid or LiveAuctioneers, their tax collection policy applies.

Buyers (or their agent) who personally pick up their purchases are subject to Illinois sales taxes. Lots shipped to an Illinois address are subject to sales tax. If you are an Illinois resident and have a sales tax certificate, please email or mail us a copy [ [email protected] ].

Lots shipped out-of-state by us or by a third-party shipper you select that is a “common carrier”, e.g., United States Postal Service, United Parcel Service, and FedEx, are not subject to Illinois sales tax. However, they may be subject to sales tax in the destination state.

Per Stripe, Inc.: Economic nexus is created when a business has a certain level of economic activity in a state or jurisdiction, even if it does not have a physical presence there. Economic nexus laws typically set a threshold for sales, transactions, or revenue generated in a state; if that threshold is met or exceeded, the business is required to collect and remit sales tax. Many states have adopted economic nexus laws in recent years in response to the Supreme Court’s decision in South Dakota v. Wayfair, which mandated that businesses must collect and remit sales taxes on transactions in any state where they conduct more than 200 transactions or $100,000 worth of sales per year, even if they don’t have a physical presence in that state.

Because of the Nexus law, we track the destination of all purchases. If you are not a resident of Illinois and have a resale tax number / certificate, please provide that information to us with appropriate documentation, i.e., a current copy of your resale tax certificate. You may:

Email the information to: [email protected] or
Mail it to Bastute Auctions, P.O. Box 20, Winnetka, IL 60093.

When we meet the “threshold” of a state, we will begin collecting sales tax from Buyers in that state unless we have a current tax exemption form on file.

You may also, and should, upload your sales tax exemption certificate to LiveAuctioneers. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Doing so will expedite payment processing. However, we still need a copy for our records.

The Auctioneer offers in-house shipping services for certain purchased property. Items for which in-house shipping is not available will be identified in the lot description. Buyers may pick up those lots or arrange shipping with a third-party shipper. Any shipping services are offered at the buyer’s expense. If an agent or employee of the Auctioneer helps pack, move, or transports items as a courtesy for you, any resulting loss or damage is at your sole risk. The Auctioneer is not responsible for any acts or omissions in packing or shipping of purchased lots by a third-party carrier whether or not such carrier is recommended by the Auctioneer. Packing and handling of purchased lots of purchased lots is at the responsibility of the buyer and is at the entire risk of the buyer.

Due to excessive fraud, purchases can only be shipped to the individual and billing address on the credit card used for payment. If you wish to have your purchases shipped to a different address, please contact our office. The request may or may not be approved.

Limited Right of Recission:

Refunds are given at the sole discretion of the Auctioneer and are limited to lots having major damage or significant restoration / repairs not outlined in the condition report.

Refund requests, including substantiating documentation, must be received by us in writing:

Refunds for an item picked up by the buyer (or their agent) must be requested before the item is removed from our premises;
Refunds for items picked up by the buyer’s representative or a third-party shipper must occur within 25 days from the date of the auction in which the lot was sold;
Refunds for an item shipped by us must occur within 25 days of shipment.

No refund requests will be considered after these deadlines.

Your timeliness and type of payment directly affect the time allowed for consideration of a refund. Property is not released until good funds are received.

Do not return an item until we approve its return. After the refund is approved and the lot returned to the satisfaction of the auctioneer, a full refund of the hammer price, buyer’s premium, and sales tax, if any, will be issued. We do not refund the cost of shipping an item to you or the cost of return shipping. We do not issue partial refunds.

The Auctioneer or its licensors has a copyright interest in the catalog text and the photographs, digital images and illustrations of lots in the catalog. You agree that you will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent. The Auctioneer and the seller make no representation or warranty as to whether the buyer acquires any copyrights on the purchase of an item of Property.

The Auctioneer will not be held liable for any comment / remark by its representative, a buyer, potential buyer, or “spectator” said before, during, or after a live or online auction regarding any lot. Buyer agrees to hold the Auctioneer harmless from any and all action taken as outlined in these terms and conditions. The Auctioneer has no liability for items withdrawn from auction.

The buyer expressly acknowledges and agrees that in no event shall the Auctioneer be liable for any damages including, without limitation, any compensatory, incidental or consequential damages, In no event shall the aggregate liability of the Auctioneer and its seller to a buyer exceed the purchase price actually paid for a disputed item of Property.

Modification and Waiver:

These Terms and Conditions of Sale shall bind the successors and assigns on all bidders and buyers and inure to the benefit of our successors and assigns.

No claimed modification or amendment of their Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to the Agreement. No course of dealing and no delay or omission on the part of the Auctioneer in exercising any right under the Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of the Auctioneer on any future occasion.

If any part of these Term and Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.

These Terms and Conditions of Sale and the Buyer’s, Consignor’s, and Auctioneer’s rights under these Terms and Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the State of Illinois. Consignor and Buyer agree to submit to federal or state courts located in Illinois for the exclusive jurisdiction of any disputes.