The Chicago Wine Company
Fine and Rare Wine Merchants Since 1974
835 N. Central Ave - Wood Dale, Illinois 60191 U.S.A.
Office: 630-594-2972 ** Fax: 630-594-2978
Terms and Conditions
bidding at Auctions, please keep in mind that there is No Buyer's Premium
imposed at The Chicago Wine Company. Other companies charge 15% or more.
L E V E L S O F O L D E R W I N E S
As most of you already know, older wines often have some ullage, which is perfectly normal and does not necessarily adversely affect the wine. We always try to describe every wine we sell as precisely as possible. To standardize the descriptions we use (vis a vis ullages), the following guidelines will apply:
1. For any wines from the 1992 vintage and older, if the levels are in the neck or very high-shoulder, no mention will be made, as we believe that very high-shoulder levels for wines 15 years and older are perfectly acceptable.
2. For any wines from 1993 and younger, if the levels are not in the neck we will state the levels specifically.
3. For all wines, where the levels are either high-shoulder, mid-shoulder or low-shoulder, we will state that specifically.
The bottles used for most Burgundy and Rhone wines do not have shoulders as do the bottles used for most Bordeaux and other wines. Accordingly, rather than using the shoulder as a reference point in describing the levels in Burgundy and Rhone bottles, we measure the distance between the bottom of the cork and the level of the wine. The following is a comparative ranking for Burgundy and Rhone wines versus Bordeaux wines:
Burgundy / Rhone
Inches Below The Approximate Comparison To
Bottom Of The Cork Bordeaux Classification
1-1/4" - 1-3/4" Very high-shoulder
2" - 2-1/4" High-shoulder
2-1/2" - 2-3/4" Mid-shoulder
3" - 3-1/2" Low-shoulder
1. For any Burgundy or Rhone wines from the 1992 vintage and older, if the distance between the bottom of the cork and the wine is 1-3/4" or less, no mention will be made, as we believe that these levels for wines 15 years and older are perfectly acceptable.
2. For any wines from 1993 and younger, any unusual ullage will be stated specifically.
3. For all wines, when the distance between the bottom of the cork and the wine is more than 1-3/4", we will state that specifically.
T E R M S A N D C O N D I T I O N S O F S A L E
The wines and related items listed, as may be amended by sale room notice or announcement, are being offered for sale by The Chicago Wine Company ("TCWC"), either as principal for its own account or as agent for various owners or other consignors ("Sellers". These Terms and Conditions of Sale constitute the complete terms and conditions on which all of the wines and related items will be offered for sale.
1. Live Bidding Registration. Everyone who plans to bid in person at the Auction must register prior to the Auction. All bidding at the Auction will be done by paddles only. Registration facilities will be available prior the Auction. You must be 21 years old or older to purchase wines from TCWC.
2. Absentee Bids. Bids will be accepted in advance of the Auction by mail, e-mail, telephone or fax. Bids which are submitted to TCWC in writing or are otherwise left with TCWC prior to an Auction for execution at or below a specified price, are entertained and executed by TCWC for the convenience of bidders, but TCWC shall not be responsible for failing to execute such bids or for errors relating to its execution of such bids.
3. At the absentee bidder's request, TCWC can limit overall expenditures in the Auction to a pre-determined limit communicated to TCWC by the absentee bidder. If such a request is made, TCWC will stop bidding on new lots as soon as the absentee bidder reaches the predetermined limit in successful bids.
4. Bidding Procedure. The highest bidder acknowledged by the Auctioneer shall be the buyer. The Auctioneer has the right to reject any bid and to advance the bidding at his absolute discretion and, in the event of any dispute between bidders, to determine the successful bidder or to reoffer and resell the item in dispute. Should there be any dispute after the sale, TCWC's record of final sale shall be conclusive.
The bidding increments in Silent & On-Line Auctions will be $1.00 There is no buyer's premium in The Chicago Wine Company Auctions.
The bidding increments in Live Auctions will be as follows:
I N C R E M E N T S
$ 5 - $ 50 $ 5. (e.g. $ 20 - 25 - 30)
$ 50 - $ 200 $ 10. (e.g. $ 50 - 60 - 70)
$ 200 - $ 1,000 $ 20. (e.g. $ 200 - 220 - 240)
$1,000 - $ 2,000 $ 50. (e.g. $ 1,000 - 1,050 - 1,100)
$2,000 - $ 5,000 $100. (e.g. $ 2,000 - 2,100 - 2,200)
$5,000 - $10,000 $200. (e.g. $ 5,000 - 5,200 - 5,400)
Over $10,000 $500. (e.g. $10,000 - 10,500 - 11,000)
IMPORTANT: PLEASE NOTE THAT ANY BIDS RECEIVED THAT ARE NOT AT THE PROPER INCREMENTS WILL BE REDUCED TO THE NEXT
LOWEST INCREMENT. The Auctioneer may change bidding increments at his discretion.
5. Purchase Price. The purchase price for each lot shall be the final bid price. There will be no buyer's premium in our Auctions.
6. Sales Tax. The buyers shall pay any applicable State and local sales tax, and any applicable compensating use tax of another state which TCWC may be required by law to collect, at the time of payment of the purchase price.
7. Federal Excise Tax. This $.18 per 750ml bottle tax may be imposed. Currently, The Chicago Wine Company absorbs this cost.
8. THE MINIMUM TOTAL BIDS THAT WILL BE ACCEPTED IS $250.
9. Lots. A lot is the quantity of wine or related items as described in the catalogue. In some cases a lot is a single bottle and in others it is five cases. Please note the description of each lot before bidding. Bids are for the lot as described in the catalogue or by the sale room notice. TCWC reserves the right to withdraw any lot before or at the Auction.
10. Reserves. As an explanation, a reserve is the minimum price below which the lot will not be sold. The reserves may be implemented by the Auctioneer and/or by our representatives.
11. Payment, Delivery and Storage. No lot may be taken away during the Auction, nor may any lot be taken away or delivered unless the purchase price thereof has first been paid in full. Payment is generally due in full within ten days of receipt of TCWC's invoice confirming the sale. However, TCWC reserves the right to request bank and other references and/or the right to demand immediate partial or full payment of the purchase price from the buyer.
NOTICE TO ALL BUYERS:
Please be advised that most states and the District of Columbia have enacted laws to regulate the shipment into the state of wine and other alcoholic beverages purchased in another state. Some statutes make such shipments a crime unless a permit or license is obtained. Many such laws, however, have various exceptions for wine purchased for personal consumption. Since these laws may affect your purchase from The Chicago Wine Company (TCWC), we urge you to investigate your state's law on this subject before shipping or arranging to ship any wine purchased in Illinois from TCWC. Buyers, and not TCWC, are the owners and shippers of all wine purchased in Illinois from TCWC. Accordingly, if buyers wish to arrange delivery of their wines after purchase, they are responsible and bear all risks thereafter, including selecting a carrier and providing delivery instructions. All sales are made in Illinois and
payment in full is due TCWC upon confirmation of orders. TCWC is unable to assume any responsibility for assuring compliance with applicable laws, obtaining licenses or otherwise advising its valued customers on shipment laws. You must be 21 years old or older to purchase wines from The Chicago Wine Company.
Cancellation Policy: There will be 10% cancellation fee enforced for any order cancelled by the customer within 30 days. After 30 days, cancellations will not be accepted.
While buyers are responsible for selecting a carrier to deliver their wine, TCWC is pleased to follow buyer's instructions in packing of the shipments, in helping arrange the collection of the wine by the carrier selected by the buyers, in collecting shipping and insurance charges from the buyers and transferring those payments to the carriers. However, the buyers, not TCWC, are the owners and shippers of record for their wine shipments. Any claims for damage or loss in shipment are between the buyers and carriers. TCWC is itself not responsible for any damage or loss in shipping.
Please note: Any wines being shipped via U.P.S. may not be insured and will be shipped at the customer's risk. If you wish to have your wines insured during shipment, we ask that you please consider using a recommended air freight company (next day, second day or 3-5 day), a refrigerated truck line (recommended for shipments of 1,000 pounds or more) or some other carrier of your choice. Shipments will be sent pre-paid only if payment is received prior to shipment or a valid Visa or Mastercard is to be used for payment. Due to the large number of Items being offered, it will take two weeks after receipt of payment to process orders. All wines that are picked-up or delivered within the State of Illinois are subject to 8.25% Illinois Sales Tax. Taxes in other states may also apply, please inquire prior to shipping. Sales Tax due must be paid in full before any wines can be released. Packing materials are available at cost.
Upon receipt of full payment for those lots on which the buyer is the successful bidder, TCWC shall either: (i) Deliver or arrange for delivery of the wines to the buyer or anyone the buyer designates in Illinois; or (ii) Hold the wines in TCWC's temperature-controlled facility pursuant to the terms of TCWC's customary storage agreement until the buyer or someone the buyer designates can arrange to pick them up. Please note that all wines must be paid for in full before being put into storage.
All deferred delivery items are indicated as such in the catalogue by an asterisk (*). Most items will be available for delivery within 3 months of sale. Bordeaux futures will arrive approximately three (3) years after the vintage.
12. Buyer's Default. If any applicable conditions herein are not complied with by the buyer, TCWC may, in addition to asserting all remedies available by law, including the right to hold the buyer liable for the purchase price, either (i) cancel the sale, retaining as liquidated damages any payment made by the buyer, (ii) resell the property at public Auction or privately on seven days' notice to the buyer, or (iii) sell any other wine then stored by buyer with TCWC for buyer's account and application of the proceeds to buyer's obligation to pay such purchase price and pay any balance to buyer. If TCWC resells the property, or sells any wine stored by buyer with TCWC, the buyer shall be liable for the payment of any deficiency in the purchase price in the auction and all costs including warehousing, the expenses of both sales, reasonable attorney's fees and all other charges due here-under and incidental damages.
13. No Warranties. ALL WINE AND OTHER ITEMS ARE SOLD "AS IS" AND NEITHER THE SELLER NOR TCWC MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR THE CORRECTNESS OF, OR BE DEEMED TO HAVE MADE, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS, DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE WINES AND RELATED ITEMS AND NO STATEMENT IN THE CATALOGUE OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY.
IN ALL SALES OF WINE AND OTHER ITEMS NOT OWNED BY TCWC, TCWC ACTS SOLELY AS AGENT FOR THE VARIOUS SELLERS, AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY CONCERNING THE SELLER'S TITLE TO THE PROPERTY OR THE EXISTENCE OF ANY SECURITY INTEREST, LIEN, ENCUMBRANCE OR OTHER INTEREST AFFECTING THE PROPERTY AND NO STATEMENT IN THE CATALOGUE OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE SHALL BE DEEMED SUCH A REPRESENTATION, WARRANTY OR ASSUMPTION OF LIABILITY.
14. Governing Law/Jurisdiction. These Terms and Conditions of Sale as well as the buyer's and TCWC's respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Illinois. By bidding at an Auction, whether present in person or by agent order bid, e-mail, telephone or other means, the buyer shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of Illinois.
Notwithstanding any other provision to the contrary or any disclaimer, TCWC
agrees to refund the purchase price to the purchaser of any wine from TCWC that
is not of the vintage or from the producer as was represented by TCWC, including
but not limited to situations where the wine is counterfeit or has indicia that
it is not authentic sufficient to make the value materially less than if such
indicia were not present, provided that the purchaser directly purchased the
wine from TCWC and returns such wine to TCWC.
Parker's Wine Buyer's Guide - 6th Edition
16. Any quotes in this catalogue indicating R.M.P., Jr. are courtesy of Robert M. Parker, Jr., Author and Publisher of THE WINE ADVOCATE, and are taken from the following publications:
BORDEAUX - THE DEFINITIVE GUIDE FOR THE WINES PRODUCED SINCE 1961
BURGUNDY - A COMPREHENSIVE GUIDE TO THE PRODUCERS, APPELLATIONS, AND WINES
THE WINES OF THE RHONE VALLEY AND PROVENCE
Reprinted by permission of
Simon & Schuster, Incorporated
Copyright (C) 1995, 1999, 2002.
In addition, we have used quotes from several other internationally known wine experts and top wine publications in this catalogue. We have indicated the source after each quote as follows:
THE VINE by Clive Coates, M.W. - C.C.
THE GREAT VINTAGE WINE BOOK by
Michael Broadbent, M.W. - M.B.
Copyright (C) 1991 by Michael Broadbent,
M. Beazley Publishers.
Reprinted by permission of
Alfred A. Knopf, Incorporated
Parker's Wine Buyer's Guide - 6th Edition
Please note that we do not ship unless temperatures are
conducive. For an extended forecast, please visit:
http://www.crh.noaa.gov or click on the banner below: