Terms and Conditions

TERMS & CONDITIONS

COLLECTION AND SHIPMENT OF WINES

Revised September 18, 2023

1. LIMITATIONS ON IMPORTATION

Bidders at auction (“Bidders”) should be aware of restrictions imposed by various jurisdictions regarding importation of alcoholic beverages. It is the sole responsibility of the buyer (“Buyer”) to investigate, apply, obtain, route, and comply with all special permit or license requirements and other restrictions prior to collection or shipment of wine (“Property”) purchased at or from Acker Merrall & Condit (Singapore) Pte. Limited (“AMCS”). AMCS assumes no obligation or responsibility for obtaining permits or licenses on behalf of Buyer prior to shipment and disclaims all liability for Buyer’s failure to obtain any such permits or licenses. AMCS is not the owner or seller of Property (“Seller”) but is a marketing agent which makes delivery arrangements on Buyer’s behalf. Bidders are urged to familiarize themselves with their jurisdiction’s importation laws prior to bidding at auction to determine if, when, and how Property may be legally delivered to their jurisdiction.

2. COLLECTION OF PROPERTY

Complimentary pick-up is available by appointment only. Please schedule pick-up by contacting AMCS directly at singapore@ackerwines.com. at least one week in advance. Property will not be released until payment in full has been received and funds have cleared.

AFTER PASSAGE OF TITLE, BUYER IS RESPONSIBLE FOR OBTAINING ADEQUATE INSURANCE COVERAGE FOR ALL PURCHASED PROPERTY. AMCS shall bear no liability for any risk of loss for all purchased Lot(s); and in no event will AMCS be liable any risk of loss as well as any special, consequential, or exemplary damages.

AMCS shall also bear no liability or responsibility for the condition including deterioration of any casks, barrels, portion thereof or the liquid held inside the cask or barrel offered for sale at auction; and in no event will AMCS be liable for any risk of loss as well as well as any special, consequential, or exemplary damages related to the purchasing of cask(s). Furthermore, casks(s) listed for sale by AMCS are usually located in Scotland. Therefore, if Buyer chooses to bid for a cask(s), Buyer will be solely responsible for assuming title to the cask(s), storage and bottling of the cask(s).

If the purchased Lot(s) are located at Acker Storage, LLC, in Delaware, United States (“Acker Storage”), Buyer must become a client of Acker Storage, to which Buyer shall be subject to all fees and terms as per the storage service agreement to which Buyer will be bound located at https://www.ackerstorage.com/static-content/StorageAgreement.pdf.

3. MULTIPLE DELIVERIES OR PICKUPS

Any Lot (as such term is defined above in AMCS’s Conditions of Sale) that is split into two or more parts for multiple deliveries or pickups shall be subject to a service charge per split, per Lot in accordance with the processes and procedures of the relevant third party warehouse.

4. STORAGE

Buyer can request shipping seven (7) days after the Auction but no more than five (5) days after payment has been received by contacting singapore@ackerwines.com. with shipping instructions. Buyer will be charged six Singapore dollars (SGD$6) per box per month for storage at a third-party facility if such shipping instructions are not received in time. Any Property for which shipping arrangements have not been made or which has not otherwise been collected within thirty (30) days following the auction date may be removed or maintained at a third-party storage facility and all packaging, handling, shipping, insuring, and third-party storage fees associated with such Property shall be paid in full by Buyer together with any other costs or charges owed by Buyer to AMCS prior to the release of such Property by the third-party warehouse. If any Property is not collected from the third-party warehouse by Buyer for any reason within ninety (90) days following the auction date then, unless otherwise agreed in writing by AMCS and Buyer, AMCS is authorized by Buyer to take any action it deems appropriate with respect to such Property. AMCS may, at its election, deem such Property to have been abandoned by Buyer and/or, in addition to the imposition of the costs and charges set forth above and any other rights AMCS may have at law or equity, AMCS shall have the right, at its sole discretion, to re-sell such Property publicly or privately (including at any one or more AMCS or other auctions or in one or more retail sales) at any location and for a price determined by AMCS, and to deduct from the gross proceeds of any such re-sale its legal fees and expenses and other customary costs, expenses and charges including, without limitation, seller’s fees and buyer’s premium (in the case of auction sales), advertising costs, third party sales commissions, and packaging, handling, shipping, insurance and additional third party storage fees. In no event shall AMCS have any liability to Buyer or any other party for any loss or damage to Property.

5. SHIPPING

Buyer can request shipping seven (7) days after the Auction but no more than five (5) days after payment has been received by contacting singapore@ackerwines.com. with shipping instructions. Buyer will be charged six Singapore dollars (SGD$6) per box per month for storage at a third-party facility if such shipping instructions are not received in time.

Buyer is solely responsible for the shipment of Property and shall assume all obligations for compliance with applicable laws.

Shipping will be at Buyer’s expense and must be prepaid or freight collect. Shipments are also subject to service charges. Shipping arrangements can be made once payment has been received in full and funds have been deposited into AMCS’s account. Buyers should allow five (5) business days when arranging shipment within Singapore, and ten (10) business days for international shipments, which may require customs documentation or special routing attention.

Any loss or damage resulting from shipping Property via any carrier will be the sole responsibility and at the risk of Buyer and/or carrier. AMCS is not responsible for any deterioration, damage or loss to Property occurring while in transit.

6. TAXATION

AMCS is required to collect a Goods and Services Tax (GST) depending upon whether the Property is duty-suspended or is duty- paid. If the Property is duty-suspended, the Buyer will need to pay an eight percent (8%) GST on the Buyer’s Premium only. If the Property is duty-paid, the Buyer will need to pay an eight percent (8%) GST on the hammer price plus the Buyer’s Premium. If the Buyer chooses to move the Property out of bond or outside of Singapore, the Buyer will need to complete any necessary export documents with the third-party warehouse. Please note that effective 1 January 2024, the government will charge GST at nine percent (9%) and effective 1 January 2025, the government will charge GST at ten percent (10%).

7. INDEMNIFICATION

Buyer agrees to indemnify, defend, and hold AMCS harmless from any and all demands, claims, suits, judgments, or other liability (including reasonable attorneys’ fees and expenses incurred by AMCS in connection therewith) arising by reason of Buyer’s breach or Buyer’s failure to pay any applicable taxes therewith). This indemnification shall survive the termination of this Agreement.

Insurance coverage on shipping does not cover confiscation by any government or law enforcement agency as a result of alleged violations of applicable laws by Sellers or Buyers.

8. LANGUAGE

In case of any conflict between the English and Chinese versions of this document, the english verion shall prevail.

All shipping must be prepaid in full.

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    Please note there will be a credit card usage fee of two percent (2%) on the total auction purchase price up to the credit card payment limit of USD$15,000, HKD$150,000, or SGD$20,000 for live auctions, and on the total amount charged on internet auctions (except where prohibited by applicable law).