TERMS AND CONDITIONS OF SALE
Please read carefully before bidding. By registering for this auction, you are agreeing to the following conditions and terms. Our catalog, as may be amended by posted or oral salesroom announcements, represents the entire agreement with any and all Purchasers of the property listed herein. The following procedures, terms and conditions apply to all such property offered for sale by the Auction as agent for the Owners/Consignors
1. The Auction House reserves the right to withdraw any property before or at the sale.
2. The Auction House reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever.
3. All property will be sold "as is where is" and neither the Auction House nor Consignor make any express or implied warranties or representations with respect to the properties or the correctness of the advertisement, catalog, or any other medium used to announce this sale or any other description of the physical condition, quality, importance, size or authenticity of the property offered. Nothing in the advertisements, catalogs, or the other publications or presentations concerning this sale or the property offered is to be taken as an affirmation of fact. All descriptions of the property are for purposes of identifications only. Any framed artwork has not been examined outside of its frame.
4. LIMITED GUARANTEE: The Auction House makes a consistent effort to correctly describe property to be sold. Catalog descriptions carry a limited guarantee to protect you against major discrepancies that would have a considerable effect upon value of the item. This limited guarantee covers authenticity against fakes, undisclosed reproductions and major restoration or repair not disclosed. If the discrepancy is less than major, no adjustment or refund will be made. We guarantee only what is in print in the catalog and what is announced from the block at the time of the sale. Nothing discussed over the telephone or in person prior to the auction shall be construed as part of the guarantee. Since opinions can differ, particularly in the matter of condition, the Auction House will be the sole judge in the matter of refunds. The very best thing a client can do is to view the lots in person or have an agent examine lots on their behalf. This is not an approval sale. This guarantee is limited to the following time limit: For live bidders it is expected that you have examined the items prior to purchase, and again at the time you take physical possession at check-out. If there is a problem regarding condition, it is expected that you will notify us immediately before leaving the auction facility. If you are an absentee, telephone or Internet bidder, it is your responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is your responsibility to contact us immediately. All guarantees and options for refunds or adjustment become null and void 14 days after receipt of your items, but no longer than 29 days after the auction. We endeavor to pay Consignors on the 30th day, and once we have paid our Consignors we no longer have control for the payment and under no circumstances can we consider any refunds.
5. LIMIT OF RESTITUTION: Under no circumstances will the Auction House be responsible for lost profits or other financial damages. Refunds requested on the grounds of authenticity must be accompanied by at least a supporting written statement from an authority recognized by the Auction House. Auction House will not be responsible for shipping costs, post-auction appraisal fees, testing or any other post-auction costs. If it is agreed that an item may be returned, it is the Purchaser’s responsibility to return it in same condition as received.
6. The Auction House and auctioneer reserve the right to reject any bids. The highest bidder acknowledged by the auctioneer shall be the Purchaser. In the event of any dispute between bidders, the Auction House or auctioneer will have the absolute and final discretion to either determine the successful bidder or to re-offer and resell the property item in dispute. The auctioneer reserves the right to reject small opening bids or nominal bidding increments. Bidding increments are at the sole discretion of the auctioneer.
7. It is unlawful and illegal for bidders to collude, or pool with other bidders to pay less than the fair value for a lot. Bidders in the sale acknowledge that the law provides for substantial penalties for those who violate these provisions.
8. At the fall of the auctioneer’s hammer, title to the offered property item shall pass to the Purchaser acknowledged by the auctioneer and the Purchaser shall, (a) assume full risk and responsibility for the property item and (b) pay the full purchase price.
9. Unless exempted by law, the Purchaser will be required to pay any and all state and local sales taxes or, in the event of deliveries outside the state, any applicable compensating use tax on the total purchase price.
10. BUYER’S PREMIUM: Live, absentee and telephone bidders will be charged an 18% Buyer’s Premium on each lot purchased. Internet bidders will be charged 18% Buyer’s Premium plus a 3% Internet convenience fee.
11. PAYMENT TERMS: We accept cash, check, Visa, MasterCard, Discover, American Express, wire transfers and PayPal (domestic). Checks will be accepted with proper identification and a bank guarantee card. On all checks over $5,000.00, a letter of credit or letter of maximum check limit from your bank must be presented unless you are a regular customer known to us.
12. ALL PURCHASERS (Live, Internet, Absentee, Telephone) must present a valid Visa, MasterCard, Discover or American Express card as a back-up guarantee of payment, regardless of intended payment method, unless you are known to, or prior arrangements have been made with, the Auction House.
13. Packing and shipping costs are the sole responsibility of the Purchaser. Items may be picked up in person at the auction site until noon on Sunday after the auction. If purchased items are not picked up by noon Sunday, or other arrangements with the Auction House have not been made by this time, your items will be removed from the facility. Packing, handling, shipping, insurance and other fees will apply and will be billed directly by the Shipper. Auction Company reserves the right to delay shipment on items paid for by check until that check clears the bank. Auction Company will hold all purchased lots in the Santa Fe warehouse for 30 days without penalty. If shipping arrangements on purchased lots are not consummated within 30 days of the sale, storage fees will begin accruing at a rate of $5 per day, per lot. If shipping arrangements on purchased lots are not consummated within 60 days of the sale, the lots shall be considered abandoned and become The Auction House's property.
14. On any accounts past due, The Auction House reserves the right to extend credit and impose periodic charges. If the Purchaser’s invoice is not paid in full when due, the unpaid balance will earn interest at the rate of 1 1⁄2% per month until paid. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. If full payment has not been made within 90 days, the Auction House reserves the right to resell the merchandise or have an affiliated or related company do so. Purchaser agrees to pay all reasonable attorneys’ fees, court costs, storage fees and collection costs incurred by the Auction House.
15. Some items of property may be offered subject to a "reserve" or confidential minimum price below which the item will not be sold. In such instances the Auction House may implement the reserve by bidding on behalf of the consignor, house, owner or designated bidder. In most cases the reserve will not exceed 75% of low estimate.
16. The Auction House does not make any representations whatsoever that the Purchaser of a work of art will acquire any reproduction rights thereto.
17. These conditions of sale and any other applicable conditions, as well as the Purchaser’s and Auction House’s rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the State in which the auction is held. If these conditions are not complied with by Purchaser, the Auction House may, in addition to other remedies available by law, including without limitation the right to hold the property; a) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser or; b) resell the property privately or at public auction on three days’ notice to the Purchaser for payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the expense of both sales, the commissions, reasonable attorney’s fees, any and all other charges due and incidental damages.
18. If the Auction House is prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, its liability shall be limited to the sum actually paid therefore by the Purchaser.
19. All sales of firearms will be in accordance with Federal and State guidelines. All post-1898 firearms are subject to applicable ordinances and laws and must be purchased in compliance with Federal and State law.
20. The Auction House, owners and/or representatives of the Auction House are not responsible for typographical errors.
21. ABSENTEE BIDS: As a convenience to our clients who are unable to attend the sale, an absentee bid service will be offered upon execution of a confidential Absentee Bid Form. "Buy" bids will not be accepted; all absentee bids must state the highest bid price the bidder is willing to pay. In the event identical absentee bids are submitted, the earlier received will take precedence. Absentee bids shall be executed in competition with all other bids and any applicable reserve. Unsuccessful absentee bids will not be acknowledged.
22. PHONE BIDDING: Phone bidding is offered upon execution of a confidential Phone Bid Form. An Auction House representative will contact you via phone just prior to the sale of lots you wish to bid on, and will then bid live on your behalf on the sales floor. All Absentee and Phone Bid Forms must be received prior to noon on the Friday preceding the live Auction. Forms are available on our website or by contacting our office. The Auction House shall not be responsible for any errors or omissions or failure to execute such bids. Phone bidders must be willing to bid a minimum of 75% of the low estimate, otherwise please submit an absentee bid. Absentee bids must be a minimum of 60% of the low estimate, otherwise we recommend you bid in person or online. Absentee and Phone Bidders agree to provide a valid credit card number at registration, and further agree that said credit card may be charged for the purchase, including the buyer’s premium, for any amount up to, or including, the total amount due, unless other arrangements have been made for another form of payment within 10 days of conclusion of the auction.
23. INTERNET BIDDING: Internet bidding, including the use of our mobile app, may be offered for bidders not able to attend the auction and a separate Internet charge will be added to all successful bids, exclusive of the buyer’s premium (See #10). Internet bidders agree to provide a valid credit card number at registration, and further agree that said credit card may be charged for the purchase, including the buyer’s premium, for any amount up to, or including, the total amount due, unless other arrangements have been made for another form of payment within 10 days of conclusion of the auction. It is the responsibility of the internet bidder to ensure that all contact information and ship-to address is current and up-to-date within the bidding platform and app.
24. ESTIMATED PRICES: As a convenience to our clients, we furnish pre-sale estimates for all materials included in the auction. These estimates are only our approximate valuations and should be taken as educated guesses based upon comparable auction values and recent sales, not as "prices". Bidding normally begins at about one-third to one-half the estimate but the final bid price may well be less than or more than any estimate printed.
25. SALES TAX AND USE TAX: All sales are subject to State, County and all other Special District taxes. Anyone wishing to purchase using a bona fide and appropriate Resale License will be required to show proof upon purchase.