eleddy
New Member
🗨️ 13
👍🏻 15
October 2021
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Damaged print , by eleddy on May 18, 2023 22:02:39 GMT 1, Looking for advice. I'm not a gallery, just a normal person running out of wall space. I decided to sell a larger print at auction to make room. This is my first time doing anything like this. The auction did well and the auctioneer coordinated the shipping. It was large and already framed so it was shipped in its frame.
In the shipping process at some point apparently the piece slipped it's hinges in the frame and damaged the edges of the print. The buyer rejected the print (as you should) and now the auctioneer has come back to me asking for most of the money back, minus a "restock fee". The money was wired to my account after the shipper signed off.
Am I really liable for this given that their shipper signed off on it? I totally get that nobody is winning here but doesn't insurance cover this stuff? Is this how it works?
Hit me with the hard truth, I'm ready for it.
Looking for advice. I'm not a gallery, just a normal person running out of wall space. I decided to sell a larger print at auction to make room. This is my first time doing anything like this. The auction did well and the auctioneer coordinated the shipping. It was large and already framed so it was shipped in its frame.
In the shipping process at some point apparently the piece slipped it's hinges in the frame and damaged the edges of the print. The buyer rejected the print (as you should) and now the auctioneer has come back to me asking for most of the money back, minus a "restock fee". The money was wired to my account after the shipper signed off.
Am I really liable for this given that their shipper signed off on it? I totally get that nobody is winning here but doesn't insurance cover this stuff? Is this how it works?
Hit me with the hard truth, I'm ready for it.
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Damaged print , by Pete the Post on May 18, 2023 22:13:41 GMT 1, Not your problem. Unless contract states it.
Not your problem. Unless contract states it.
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Gunny
Junior Member
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July 2012
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Damaged print , by Gunny on May 18, 2023 22:16:21 GMT 1, Looking for advice. I'm not a gallery, just a normal person running out of wall space. I decided to sell a larger print at auction to make room. This is my first time doing anything like this. The auction did well and the auctioneer coordinated the shipping. It was large and already framed so it was shipped in its frame. In the shipping process at some point apparently the piece slipped it's hinges in the frame and damaged the edges of the print. The buyer rejected the print (as you should) and now the auctioneer has come back to me asking for most of the money back, minus a "restock fee". The money was wired to my account after the shipper signed off. Am I really liable for this given that their shipper signed off on it? I totally get that nobody is winning here but doesn't insurance cover this stuff? Is this how it works? Hit me with the hard truth, I'm ready for it.
Looking for advice. I'm not a gallery, just a normal person running out of wall space. I decided to sell a larger print at auction to make room. This is my first time doing anything like this. The auction did well and the auctioneer coordinated the shipping. It was large and already framed so it was shipped in its frame. In the shipping process at some point apparently the piece slipped it's hinges in the frame and damaged the edges of the print. The buyer rejected the print (as you should) and now the auctioneer has come back to me asking for most of the money back, minus a "restock fee". The money was wired to my account after the shipper signed off. Am I really liable for this given that their shipper signed off on it? I totally get that nobody is winning here but doesn't insurance cover this stuff? Is this how it works? Hit me with the hard truth, I'm ready for it. absolutely nothing to do with you. The piece was in the possession of the auction house and they should have insurance for this - do not give them the money back. |
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Damaged print , by Black Wolf on May 18, 2023 22:16:34 GMT 1, insurance should cover it, their end
you shouldn't need to worry
insurance should cover it, their end
you shouldn't need to worry
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cemltz
New Member
🗨️ 496
👍🏻 920
October 2022
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Damaged print , by cemltz on May 18, 2023 22:48:24 GMT 1, Very sorry you are in this position. It sucks.
Having been through this situation before, I present the dissenting view from those above claiming this has nothing to do with you. It may. But we don’t have enough information.
Many auction houses are run as brokers - they introduce buyers to sellers and take a cut for that service. They may also provide a clearing for payments. But they absolutely do not take possession of the piece, and are in no way a party to the transaction between the buyer and seller. There is a thread on here about clauses in auction sales that indicate you are buying from a consumer, not from the auction house. This is why.
You say the auction house “arranged” the shipping, but did not say if it was done on their account/in their name or if it was from you. If you are the shipper and the insured, then you are the shipper and insured. And you need to deal with it. Your comment about “the shipper signing off” indicates it was shipped from you, not the auction house.
The auction houses position (again, with incomplete information): they did their job introducing you to a buyer and brokering the transaction. You did not deliver to goods to the buyer as agreed, so you owe the buyer their money back. Your responsibility to deal with insurance.
If the shipping and insurance is in the auction houses name, they are on the hook.
Think about it: what if you had sent a fake? Would the auction house be responsible?
Very sorry you are in this position. It sucks.
Having been through this situation before, I present the dissenting view from those above claiming this has nothing to do with you. It may. But we don’t have enough information.
Many auction houses are run as brokers - they introduce buyers to sellers and take a cut for that service. They may also provide a clearing for payments. But they absolutely do not take possession of the piece, and are in no way a party to the transaction between the buyer and seller. There is a thread on here about clauses in auction sales that indicate you are buying from a consumer, not from the auction house. This is why.
You say the auction house “arranged” the shipping, but did not say if it was done on their account/in their name or if it was from you. If you are the shipper and the insured, then you are the shipper and insured. And you need to deal with it. Your comment about “the shipper signing off” indicates it was shipped from you, not the auction house.
The auction houses position (again, with incomplete information): they did their job introducing you to a buyer and brokering the transaction. You did not deliver to goods to the buyer as agreed, so you owe the buyer their money back. Your responsibility to deal with insurance.
If the shipping and insurance is in the auction houses name, they are on the hook.
Think about it: what if you had sent a fake? Would the auction house be responsible?
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Damaged print , by Pete the Post on May 18, 2023 23:03:46 GMT 1, Very sorry you are in this position. It sucks. Having been through this situation before, I present the dissenting view from those above claiming this has nothing to do with you. It may. But we don’t have enough information. Many auction houses are run as brokers - they introduce buyers to sellers and take a cut for that service. They may also provide a clearing for payments. But they absolutely do not take possession of the piece, and are in no way a party to the transaction between the buyer and seller. There is a thread on here about clauses in auction sales that indicate you are buying from a consumer, not from the auction house. This is why. You say the auction house “arranged” the shipping, but did not say if it was done on their account/in their name or if it was from you. If you are the shipper and the insured, then you are the shipper and insured. And you need to deal with it. Your comment about “the shipper signing off” indicates it was shipped from you, not the auction house. The auction houses position (again, with incomplete information): they did their job introducing you to a buyer and brokering the transaction. You did not deliver to goods to the buyer as agreed, so you owe the buyer their money back. Your responsibility to deal with insurance. If the shipping and insurance is in the auction houses name, they are on the hook. Think about it: what if you had sent a fake? Would the auction house be responsible?
Id still say if not contractually stated, its not on the seller.
Very sorry you are in this position. It sucks. Having been through this situation before, I present the dissenting view from those above claiming this has nothing to do with you. It may. But we don’t have enough information. Many auction houses are run as brokers - they introduce buyers to sellers and take a cut for that service. They may also provide a clearing for payments. But they absolutely do not take possession of the piece, and are in no way a party to the transaction between the buyer and seller. There is a thread on here about clauses in auction sales that indicate you are buying from a consumer, not from the auction house. This is why. You say the auction house “arranged” the shipping, but did not say if it was done on their account/in their name or if it was from you. If you are the shipper and the insured, then you are the shipper and insured. And you need to deal with it. Your comment about “the shipper signing off” indicates it was shipped from you, not the auction house. The auction houses position (again, with incomplete information): they did their job introducing you to a buyer and brokering the transaction. You did not deliver to goods to the buyer as agreed, so you owe the buyer their money back. Your responsibility to deal with insurance. If the shipping and insurance is in the auction houses name, they are on the hook. Think about it: what if you had sent a fake? Would the auction house be responsible? Why would his name be on the shipping from an auction house? Id still say if not contractually stated, its not on the seller. |
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eleddy
New Member
🗨️ 13
👍🏻 15
October 2021
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Damaged print , by eleddy on May 18, 2023 23:07:03 GMT 1, Thanks everyone. I'm *am* being a bit vague in case I decide to be grouchy about it later. I think I need to see the shipping form to understand what I'm dealing with since the contract is very vague. The company did negotiate with the shipper for some insurance payout so maybe something fishy is up.
Super helpful. Thank you.
Thanks everyone. I'm *am* being a bit vague in case I decide to be grouchy about it later. I think I need to see the shipping form to understand what I'm dealing with since the contract is very vague. The company did negotiate with the shipper for some insurance payout so maybe something fishy is up.
Super helpful. Thank you.
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eleddy
New Member
🗨️ 13
👍🏻 15
October 2021
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Damaged print , by eleddy on May 18, 2023 23:17:49 GMT 1, Sorry, to be clearer the piece was picked up from my house, I signed a form to "release" it to them, and they packaged and shipped it. I did not coordinate any of this as it was handled by the broker-maybe-not-a-broker. I'm going to start by getting a copy of this paperwork.
Much thanks, I have a place to start and a much better understanding.
Sorry, to be clearer the piece was picked up from my house, I signed a form to "release" it to them, and they packaged and shipped it. I did not coordinate any of this as it was handled by the broker-maybe-not-a-broker. I'm going to start by getting a copy of this paperwork.
Much thanks, I have a place to start and a much better understanding.
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Damaged print , by Pete the Post on May 18, 2023 23:42:40 GMT 1, Thanks everyone. I'm *am* being a bit vague in case I decide to be grouchy about it later. I think I need to see the shipping form to understand what I'm dealing with since the contract is very vague. The company did negotiate with the shipper for some insurance payout so maybe something fishy is up. Super helpful. Thank you.
Are you going to name? I / most already know its not a top tier house, as the payment was too fast. I think i can guess though.
Thanks everyone. I'm *am* being a bit vague in case I decide to be grouchy about it later. I think I need to see the shipping form to understand what I'm dealing with since the contract is very vague. The company did negotiate with the shipper for some insurance payout so maybe something fishy is up. Super helpful. Thank you. Going to assume if the company have negotiated with the auction house for insurance, then its not in your name, but the auctions. Are you going to name? I / most already know its not a top tier house, as the payment was too fast. I think i can guess though. |
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