Fine Wines

Skinner, Inc. & Lower Falls Wine Co. Conditions of Sale - Fine Wines 1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Skinner, Inc. 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 Skinner, Inc. 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. 2. All property is sold “as is,” and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. 3. Except as provided in paragraph 1 above, 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. 4. All merchandise purchased must be paid for and removed from the premises the day of the auction. Skinner Inc. may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within thirty-five (35) days of the date of sale. Skinner, Inc. shall have no liability for any damage or loss to property left on its premises for more than three (3) days from the date of sale. If any property has not been removed within three (3) days from the date of sale, at the option of Skinner, Inc. (a) Skinner Inc., may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed within the three days, and/or (b) Skinner Inc. may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser. 5. Skinner accepts cash or check for payment. Personal checks will be acceptable only if credit has been established with Skinner, Inc. or if a bank authorization has been received guaranteeing a personal check. Skinner, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Skinner, Inc. a handling charge of $25.00 for any check dishonored by the drawee. Please contact Accounting for additional payment methods. Skinner does not accept payment by credit card for merchandise purchases. 6. 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, Skinner Inc. 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. 7. In no event will the liability of Skinner, Inc. to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 8. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots. 9. All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Exemption numbers from other states are accepted in Massachusetts if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Massachusetts exemption number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation at 100 Cambridge Street in Boston. 10. Except for property purchased via on-line Live Auctions, a premium equal to 18.5% of the final bid price up to and including $200,000, plus 10% of the final bid over $200,000, will be applied to each lot sold, to be paid by the Buyer as part of the purchase price. The buyers premium on property purchased via on-line Live Auctions will be in the amount equal to 22.5% of the final bid price up to and including $200,000, plus 15% of the final bid over $200,000. 11. Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. 12. Skinner, Inc. and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Skinner, Inc. expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Skinner, Inc. relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Skinner, Inc. and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 13. These conditions of sale shall be governed by the laws of the Commonwealth of Massachusetts (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Skinner in connection with the transactions contemplated by this agreement shall be brought, in the courts of the Commonwealth of Massachusetts or any federal court sitting therein. The bidder/buyer 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.

All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Exemption numbers from other states are accepted in Massachusetts if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Massachusetts exemption number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation at 100 Cambridge Street, Boston, Massachusetts, 02204.

A NAMEAboutAWith over forty years experience, SKINNER is New England's largest auction house and one of the largest in the country. SKINNER has over twenty specialist departments. Over fifty auctions are held in our Boston and Marlborough, Massachusetts galleries each year. For more information on SKINNER and our expert departments, please visit our website. brbr SKINNER's offices are open Monday through Friday 9am-5pm ET, (excluding major holidays). Questions on upcoming sales can be addressed via e-mail to a hrefmailto: liveauctionsupportskinnerinc.comliveauctionsupportskinnerinc.coma or via telephone on 508-970-3000 (Marlborough) or 617-350-5400 (Boston).brbr

Prospective bidders should register uin advanceu of the sale date. Please be sure to include your complete billing information and agree to share this information with LiveAuctioneers. Approval for bidding is at the discretion of the auction house. Skinner, Inc. reserves the right not to accept bids via internet bidding for lots of high value. If you intend on bidding on high value lots, please contact Skinner Boston or email liveauctionsupportskinnerinc.com. Please note registrations may not approved during the course of the sale.

bUllage (Level of Wine) Interpretation:biuUllage of wines of vintages fifteen years and younger may be assumed to be of bottom neck or better unless otherwise noted. Similarly, regarding older vintages, lack of notation indicates acceptable and appropriate ullage, clear label and sound cork; bpotential bidders must be prepared for reasonable variations in ullage in all vintages older than 15 years.biu Bidders with specific condition questions should contact the Fine Wines department. Conditions generally not noted on group lots.brbrBordeaux wines are catalogued referencing the 1855 classification. Chateau Petrus cataloguing reflects the practice of granting it 1er Cru Classe and other notable Pomerol Chateaux are designated Cru Classe. All Bordeaux wines may assume to be chateau bottled unless otherwise stated.brbrIt is standard practice for SkinnerLower Falls Wine to open all original wooden cases (owc) for visual inspection. The opening of banded cases will be determined on an individual basis.brbrFor Burgundy, German wines and all other more gradually slope-shouldered bottles, the ullage measurement is taken in centimeters from cork base, e.g. 3cm, 5cm, 7cm.brbrbBottle Sizesbiubrbrbottle (750 ml) jeroboam (4xbt); Burgundy, Champagne half bottle (hbt)brmagnum (2xbt) jeroboam (6xbt); Bordeaux split (14 bottle) Champagnebrmarie jeanne (3xbt) imperiale (8xbt); Bordeauxbrdouble magnum (4xbt) methuselah (8xbt); BurgundybrbrbBuyers' Caution:biu Levels are as when catalogued; ullage may change due to cork deterioration; other bottle conditions may occur during storage and shipment. Risk of ullage variation and cork deterioration andor failure is assumed by the buyer at time of sale and no sale cancellations, price negotiations, or bottle substitutions will be undertaken by either Skinner or Lower Falls Wine. Similarly, no substitutions will be made due to inaccurate descriptions.brbrbFlights of Lots:biu Are of the same type, vintage and bottle count and follow one after another numerically, though ullage and bottle conditions may vary. The auctioneer may exercise discretion to offer, in consecutive lot order and at that same price, the following lots in the flight to the first successful bidder of that flight. Subsequently, those lots not purchased will be offered anew and so on. Absentee bids placed on any lot in a flight will be applied to the next lot in the flight (if unsuccessful) until the flight concludes.brbrbEnvironmental Note:biu It has only been in the last 15-20 years that the wine industry has moved away from using lead capsules to cover the cork and neck of a bottle. When opening an older wine, if you do have a lead capsule, give consideration as to how you dispose of it.

Lower Falls Wine Co. may, in their discretion and at purchaser's request, package and arrange for delivery as directed by the purchaser. In such event, purchaser agrees that (a) all such packaging, handling and delivery is at the sole risk of the purchaser and that Skinner, Inc. and Lower Falls Wine Co. shall have no liability for any loss or damage to such items, and (b) purchaser shall pay in advance, all packaging expenses, including labor, materials, carriers fees and all insurance charges. Please arrange seventy-two (72) hours in advance for collection and delivery.brbrPurchaser shall make itself aware of the limitations and restrictions imposed by various states in regards to the transportation and importation of alcoholic beverages and purchaser has the sole responsibility to research and comply with all permit and licensing requirements. Neither Skinner, Inc. nor Lower Falls Wine Co. shall be responsible for obtaining any permits or licenses on behalf of purchaser and no sale shall be cancelled or refunded for lack of purchaser's noncompliance with permitting and licensing issues.

All bidders and buyers of wine must be at least 21 years of age and shall present satisfying legal documentation of this at auction. In the event the buyer is a partnership or corporate entity, the receiver of the wine shall furnish proof fulfilling this criteria.

Condition requests sent to the department via e-mail will be responded to by adding information or photographs to the lot listing where appropriate. E-mailed requests will not be responded to by return e-mail. You may track the property in which you are interested by using the BidTrack function on the SKINNER website. Please allow ample time for your request to be processed.brbr The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Condition requests can be obtained by telephone at 508-970-3000. Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. SKINNER, Inc. shall have no responsibility for any error or omission. A NAMEPaymentA

Items offered are part of a live auction at SKINNER's Boston gallery. Items are offered in numerical order and are auctioned at a pace of approximately 100 lots per hour.brAbsentee bids left on third-party live auctions platforms ARE NOT the same as bids left with the auction house directly. They are executed from a proxy computer terminal in the room against other Internet bidders. Other competitive bids include bidders on the telephone, in the room, other internet bidders, and left bids with the auctioneer. Tie bids may occur between live auctions absentee bidders and other bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choosing--most often the floor bidder.brbr The auctioneer (SKINNER) at its discretion reserves the right to refuse participation in this auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee bid. Skinner, Inc. reserves the right not to accept bids via internet bidding for lots of high value. If you intend on bidding on high value lots, please contact Skinner Boston or email liveauctionsupportskinnerinc.com. Please note registrations may not approved during the course of the sale.

This auction takes place in our Boston gallery located at 63 Park Plaza, Boston, MA 02116 on November 4, 2009. Preview is by appointment only.brbrCatalogues for this sale are available on our website or by e-mailing a hrefmailto: subscriptionsskinnerinc.com subscriptionsskinnerinc.com.a

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