Updated October 2025

I. INTRODUCTION

a. Governance: These Terms & Conditions of Sale (“Terms”) govern all auctions conducted by Butterscotch Auction Gallery, LLC (“Butterscotch”). By registering to bid or by placing a bid, whether in person, by phone, absentee, online, or through any third-party platform, you agree to be bound by these Terms, as well as any additional terms announced at the time of sale.

b. Entire Agreement: These Terms supersede all prior representations and agreements.

II. DEFINITIONS

a. For Purposes of These Terms & Conditions of Sale:

  i. “Bidder” refers to any person participating in the auction, whether in person, by phone, absentee bid, or online.

ii. “Purchaser” or “Buyer” refers to the successful Bidder recognized by the auctioneer at the fall of the hammer.

  iii. “Consignor” refers to the party on whose behalf property is being offered for sale.

iv. “Butterscotch” or “Auctioneer” refers to Butterscotch Auction Gallery, LLC and its representatives.

III. ALL PROPERTY IS SOLD “AS IS”

a. Final Sale: All property is sold “as is” and all sales are final. Neither the auctioneer nor the consignor makes any warranties or representations of any kind with respect to the property being offered.

b. No Warranties or Representations: In no event shall Butterscotch Auction Gallery, LLC or the consignor be responsible for the correctness of, nor deemed to have made any representation or warranty of, the description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property. No statement made at the sale, in the catalog, in the bill of sale, on an invoice, or elsewhere shall be deemed such a warranty, representation, or assumption of liability.

IV. RESERVES

a. Minimum Prices: Some lots in a sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Butterscotch Auction Gallery, LLC below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. A representative of Butterscotch Auction Gallery, LLC will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.

V. SALE

a. Auctioneer’s Discretion: Except as provided in Section IV above, on the fall of the auctioneer’s gavel or verbal declaration of the same, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, refuse to acknowledge any bidder, nullify bids before or after their execution, rescind any sale, or eject any person from the Auction premises. In the unlikely event of a loss of internet or phone connection we reserve the right to cancel or discontinue the auction.

b. Telephone Bidders: By registering to bid by telephone, the bidder agrees to be available at the telephone number provided during the time the lot is offered. The auction cannot be delayed if the bidder cannot be reached, and Butterscotch Auction Gallery, LLC assumes no liability for missed calls or failure to execute telephone bids.

c. Force Majeure & Technical Issues: Butterscotch Auction Gallery, LLC is not responsible for errors, omissions, or technical failures, including but not limited to internet connectivity issues, telecommunication failures, software malfunctions, acts of God, natural disasters, strikes, or government restrictions that may affect the execution or transmission of bids. In the event of such disruptions, the auctioneer retains full discretion to cancel, suspend, or continue the sale.

VI. BUYER’S PREMIUM

a. In-Person and bid.butterscotchauction.com Bids: A premium of 22% of the final hammer price will be applied to each lot sold for property purchased through the bid.butterscotchauction.com website or who are physically present in the sale room to bid on their lots, to be paid by the buyer as part of the purchase price.

b. Telephone and Absentee Bids: A buyer’s premium of 25% of the final hammer price will be applied to each lot sold for property purchased via telephone or absentee bid, to be paid by the buyer as part of the purchase price. 

c. Third-Party Platforms: A buyer’s premium of 27% of the final hammer price will be applied to each lot sold for property purchased through Liveauctioneers.com or Invaluable.com, to be paid by the buyer as part of the purchase price.

VII. PAYMENT

a. Net Terms: Payment is due within eight (8) days of the date of sale.

b. Late Fees: Butterscotch Auction Gallery, LLC may impose, and the purchaser agrees to pay, a monthly interest charge of 5% of the full invoice price of any lot or item lot not paid for within eight (8) days of the date of sale.

c. High-Value Bidding Arrangements: Any bidder that plans on spending in excess of $100,000 is advised to make arrangements directly with Butterscotch at least five (5) days in advance of the sale as a deposit may be required to participate.

d. Accepted Payment Methods: Butterscotch Auction Gallery, LLC accepts Cash, Zelle (U.S. bank accounts), Certified Checks, Wire Transfers, and Personal Checks.

e. Personal Checks: Butterscotch Auction Gallery, LLC may, at their discretion, if prior credit has been established with Butterscotch Auction Gallery, LLC or if a bank authorization has been received guaranteeing a personal check, accept personal checks. Butterscotch Auction Gallery, LLC reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Butterscotch Auction Gallery, LLC a handling charge of $50 for any check dishonored by the drawee.

f. Wire Transfers: Wire transfers will only be accepted for invoices totaling $1,000 or greater. International invoices over $2,000 must be paid via wire transfer. A $25 Wire Transfer fee will be added to the total invoice.

g. LiveAuctioneers: For purchases made through LiveAuctioneers.com, buyers will receive a separate invoice directly from LiveAuctioneers. Butterscotch Auction Gallery, LLC utilizes the LivePayments system. If the purchaser (1) has a credit card on file with LiveAuctioneers, (2) has an invoice total under $2,000, and (3) has not made alternative payment arrangements directly with Butterscotch Auction Gallery, LLC, purchaser’s credit card will automatically be charged by LiveAuctioneers 72 hours after the close of the auction for the full invoice amount plus a 3.99% processing fee. Purchasers may opt out of LivePayments and pay Butterscotch Auction Gallery, LLC directly by notifying Butterscotch in writing within 72 hours of the close of the auction. Failure to do so will result in purchaser’s credit card being charged through LivePayments.

h. Invaluable: For purchases made through Invaluable.com, buyers will receive a separate invoice directly from Invaluable. Butterscotch Auction Gallery, LLC utilizes the Invaluable Payments system. If the purchaser (1) has a credit card on file with Invaluable, (2) has an invoice total under $2,000, and (3) has not made alternative payment arrangements directly with Butterscotch Auction Gallery, LLC, purchaser’s credit card will automatically be charged by Invaluable 72 hours after the close of the auction for the full invoice amount plus a 2.9% processing fee for US cardholders and a 4.1% processing fee for international cardholders. Purchasers may opt out of Invaluable and pay Butterscotch Auction Gallery, LLC directly by notifying Butterscotch in writing within 72 hours of the close of the auction. Failure to do so will result in purchaser’s credit card being charged through Invaluable Payments.

VIII. COLLECTION, SHIPPING, & STORAGE

a. Collection by Appointment Only. Merchandise may be collected in person, by appointment only, beginning the third (3rd) day following the auction. All pickups, whether by the purchaser or the purchaser’s agent, must be scheduled with Butterscotch Auction Gallery, LLC at least twenty-four (24) hours in advance. Butterscotch Auction Gallery, LLC cannot guarantee availability for merchandise prior to this time.

b. Responsibility for Packing & Loading. Purchasers are solely responsible for providing packing materials, equipment, and labor necessary to remove their purchases. Butterscotch Auction Gallery, LLC staff cannot assist with packing or loading. Butterscotch Auction Gallery, LLC shall not be held responsible for any damage or missing items following release of items.

c. LiveAuctioneers LiveShipping. For purchases made through LiveAuctioneers.com, buyers will have the option to utilize LiveAuctioneers’ LiveShipping service. Buyers will be prompted at checkout with this option. All shipping arrangements through LiveShipping—including carrier selection and delivery timelines—are managed exclusively by LiveAuctioneers and its contracted shippers. Butterscotch Auction Gallery, LLC has no control over, and assumes no responsibility for, the handling, timing, pricing, or performance of shipments arranged through LiveShipping. Any questions or claims related to LiveShipping orders must be directed to LiveAuctioneers.

d. Invaluable Shipping. For purchases made through Invaluable.com, buyers will have the option to utilize Invaluable’s Shipping service. Buyers will be prompted at checkout with this option. All shipping arrangements through Invaluable Shipping—including carrier selection and delivery timelines—are managed exclusively by Invaluable and its contracted shippers. Butterscotch Auction Gallery, LLC has no control over, and assumes no responsibility for, the handling, timing, pricing, or performance of shipments arranged through Invaluable. Any questions or claims related to Invaluable Shipping orders must be directed to Invaluable.

e. Shipping Arrangements. Shipping is the responsibility of the purchaser. Butterscotch Auction Gallery, LLC does not provide in-house shipping. Upon request, our staff will provide a list of independent shippers who deliver domestically and internationally. Property will not be released to any shipper or third party without prior written authorization from the purchaser.

f. Export & Import Compliance. Some property sold at auction may be subject to U.S. export laws (including items containing materials from endangered species) and/or import restrictions from foreign countries. The purchaser is solely responsible for obtaining all necessary licenses or permits. Denial or delay of such licenses or permits shall not constitute cancellation or delay in payment of the total purchase price.

g. Storage Fees. Unless prior arrangements have been made, any item(s) left with Butterscotch Auction Gallery, LLC more than thirty (30) calendar days after the date of sale shall be subject to a storage fee of ten dollars ($10.00) per lot, per day.

h. Abandonment. Unless prior arrangements have been made, any item(s) left more than ninety (90) calendar days after the date of sale shall be considered abandoned and may be resold at auction or otherwise disposed of at the sole discretion of Butterscotch Auction Gallery, LLC. Butterscotch Auction Gallery, LLC is not obligated to notify the purchaser prior to resale or disposal.

IX. BREACH

a. Remedies for Nonpayment: If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Butterscotch Auction Gallery, LLC may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser’s breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.

b. Reporting to Third-Party Platforms: In the event of nonpayment or other breach of these Terms and Conditions, Butterscotch Auction Gallery, LLC reserves the right to report the default to third-party bidding platforms, including but not limited to LiveAuctioneers and Invaluable. Such reports may result in suspension or loss of bidding privileges on those platforms as well as being excluded from bidding in future Butterscotch auctions.

X. LIABILITY

a. In no event will the liability of Butterscotch Auction Gallery, LLC to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.

XI. SALES TAX

a. All purchases made within the state of New York are subject to a Westchester County, NY Sales Tax of 8.375% unless the purchaser possesses a valid NYS tax exemption number. Exemption numbers from other states are acceptable as long as they are accompanied by a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a NYS exemption number prior to the auction by contacting the NYS Tax Department, Sales Tax Exempt Organizations Unit, WA Harriman Campus, Albany, NY 12227.

XII. ACCEPTANCE OF TERMS

a. Bidding on any item constitutes your acceptance of these Terms & Conditions of Sale and all other terms printed within, posted, and announced at the time of the sale whether bidding in person, through a representative, by phone, by internet, by absentee bid, or by any other means.

XIII. COPYRIGHT & REPRODUCTION RIGHTS

a. Butterscotch Auction Gallery, LLC and its consignors make no warranty or representation, expressed or implied that the purchaser will acquire any copyright or reproduction rights to any lot sold. Butterscotch Auction Gallery, LLC expressly reserves the right to reproduce any image of the lots sold in its catalog. The copyrights in all images, illustrations, and written material produced by or for Butterscotch Auction Gallery, LLC relating to a lot, including the contents of this catalog, are, and shall remain at all times, the property of Butterscotch Auction Gallery, LLC and shall not be used by the purchaser, nor by anyone else, without prior written consent.

XIV. JURISDICTION

a. These conditions of sale shall be governed by the laws of the State of New York. The purchaser agrees that any suit for the enforcement of this agreement may be brought, and any action against Butterscotch Auction Gallery, LLC in connection with the transactions contemplated by this agreement shall be brought, in the courts of the State of New York or any federal court sitting therein. The purchaser consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.

 
XV. VALIDITY

a. No invalidity or partial invalidity or unenforceability of any provision provided herein shall affect or impair the validity or enforceability of any other provision hereof.