TERMS & CONDITIONS
Willamette: The Pinot Noir Auction
August 8, 2024
These Terms and Conditions of Sale (the “Auction Terms”), and the documents identified herein, constitute the entire terms and conditions with respect to the sale and purchase of wines made available during the Willamette Valley Wineries Association (“WVWA”) The Pinot Noir Auction (the “Auction”). No agent, representative, or employee of WVWA shall have the right to waive or modify any of the Auction Terms set forth herein unless such person is an authorized representative of WVWA. By bidding, whether personally or through a proxy, the bidder agrees to be bound by these Auction Terms. WVWA reserves the right to amend these Auction Terms at any time via addendum or via oral announcements by a WVWA authorized representative during the Auction.
Only licensed members of the trade, their guests, and guests of WVWA, each of whom must be registered in advance, will be allowed admission to the Auction or participate in the Auction. All bidders must be licensed members of the wine trade who have registered as a bidder and received a numbered paddle. The WVWA will provide bidder contact information to Zachys Wine Auctions, Inc. which will operate the sale.
All statements of any nature, whether written or oral, by auctioneer, WVWA, or producing winery about any aspect of the auctioned wines are merely statements of opinion and do not in any way constitute a warranty or representation, either express or implied, concerning the quality of the wine or any other aspect of the wine. Such statements are not to be relied upon by bidders as warranties or representations of fact. Prospective bidders, by so bidding, acknowledge that they have inspected the wines to their satisfaction and bid only on the basis of their own inspection, evaluation and opinion of the wine being sold. All wine is sold “as is” and without any warranty whatsoever, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
The highest bidder for each wine when the bidding is closed, as determined by the auctioneer, will be recorded as the purchaser of the wine. WVWA will be the seller and retains sole discretion as to when and how to release the wine for delivery to the purchaser. Purchaser has no right to assign or otherwise transfer the right to take possession of the wine to any other party without first obtaining permission of WVWA, who may grant or withhold permission in its sole discretion.
Bids will be accepted only from registered bidders or a bidder’s designated agent and may only be made by numbered paddle issued by WVWA to that bidder. All bidders shall identify the individual(s) that may bid on behalf of the bidder. Such designation shall be made in writing and must be submitted to WVWA no less than 7 days before the date of the Auction. WVWA may rely on the authority of the designated agent(s) to act on behalf of bidder, and bidder shall hold WVWA harmless from any action taken by the designated bidder.
WVWA and the auctioneer shall have the right to reject any bid at any time prior to the fall of the hammer. No bid shall be valid unless acknowledged by the auctioneer. Should a dispute arise between bidders or should the auctioneer doubt the validity of any bid the auctioneer shall have the sole and absolute right to resolve the dispute, re-offer, or withdraw the lot in question.
At the fall of the hammer, the bidder identified by the auctioneer shall be deemed to have purchased the wine and thereupon assumes full risk and responsibility thereof. WVWA shall have the absolute right to withhold release and delivery of the wine to purchaser until purchaser has paid in full. Purchaser’s sole remedy for non-delivery of the wine shall be limited to obtaining a refund of the purchase price.
Bidders and purchasers agree that the sale and delivery of wines via the Auction shall not affect the rights of the producing winery to sell their own wines to any distributor of their choosing or direct to consumers in bidder’s/purchaser’s state or the right of producing winery to sell wines to any purchaser in said state. Bidder/purchaser agrees to take whatever steps are necessary to protect the rights of the producing winery outlined in this paragraph, including but not limited to the relinquishment of any rights which bidder/purchaser may have under state law.
Any offer or sale, as well as any action or proceeding, related to or in connection with the Auction shall be governed by and interpreted under the laws of the State of Oregon. Any offer or sale of wine related to or in connection with the Auction is subject to the provisions of the Oregon Liquor Control Act and Federal Alcohol Administration Act and are offered and sold subject to the provisions of those laws.
Online Auction:
In the event the Auction is conducted wholly or partially online, the Auction will be held subject to the terms and conditions of the host of the online Auction; provided, however, that these Auction Terms control the relationship between WVWA and bidders in the event of any conflicting term of the online Auction host. By participating in the online Auction, bidders agree to be bound by the terms and conditions and other published policies of the online Auction host.
Proxy Bidding:
WVWA may permit a registered bidder to request that a representative of WVWA bid on bidder’s behalf at the Auction. Such appointment shall be made in writing on a form provided by WVWA, and must be submitted to WVWA no less than 7 days before the date of the Auction.
Payment and Collection:
Purchaser will submit full payment for all purchases directly to WVWA for each wine upon receipt of invoice. Only one payment per lot is permitted. All bidders must submit credit card information to permit WVWA to charge the bidder’s credit card for wine purchased in accordance with these terms and conditions. By bidding, Purchaser agrees that WVWA may charge purchaser’s credit card for the full amount of the wine for which purchaser was the awarded bidder. Lots paid with a credit card will incur a 3.75% processing fee. Any amount not paid within 30 days of invoice will accrue interest at 1.5% per month. Purchaser authorizes WVWA to charge purchasers credit card for any payment not made within 30 days of invoice.
Delivery:
All wine is sold FOB the location of the winery that produced the lot purchased. WVWA is not responsible for shipping wine. Shipping or delivery arrangements, expenses and insurance are the sole responsibility of the purchaser. Any shipment of wines out-of-state is the responsibility of the purchaser, who is solely responsible for compliance with the laws and regulations of said state.
Media Coverage:
As a condition of participating in the Auction, participant permits WVWA to reproduce, adapt, display, publish and distribute, in any and all media whether now known or yet to be developed, any video, photograph, or image taken or recorded of the participant at the Auction, participant’s name, voice, likeness, city or state of residence, and any other information regarding his/her participation in the Auction, and releases WVWA from any liability therefrom.
4819-5383-8655, v. 7