By bidding in this auction, prospective bidders (whether present in person, or by agent, by written, telephone, and email or through a live internet connection) agree to be bound by the following terms and conditions. Theses are the complete and only terms and conditions on which all property is offered for sale.
All property offered and sold through Cleveland Auction Company ("Auctioneer", or "Broker", or "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale.
ALL PROPERTY IS SOLD "AS IS" and "WHERE IS". The Consignor, Cleveland Auction Company ("Auctioneer", or "Broker", or the "Company") MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. THE AUCTIONEER IS ACTING SOLEY AS AN AUCTION BROKER AND UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall the Consignor, Cleveland Auction Company, ("Auctioneer", or "Broker", or the "Company") be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance, or condition of the property and no statement by anyone or in the catalog, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumed assumption of liability.
Registration. In order to participate in our auction you must first register with Cleveland Auction Company. Registration requires the following: Full Name-Address-Telephone Number-and credit card number with the expiration date (Visa, Master Card, or AmEx). This is the card we will charge if payment is not received within three days of the sale. This information may be provided in person at the gallery or by Fax 216-631-3234; Phone 216-631-3232; or email
[email protected].
Terms of Sale. The highest bidder for each lot shall be the buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed lot shall be put up again at the last undisputed bid and resold.
TITLE FALLS ON THE AUCTIONEER'S HAMMER to the highest acknowledged bidder subject to Cleveland Auction Company's conditions of sale and such bidder/purchaser assumes full risk and responsibility of the lot of property. Winning bidders are responsible for collecting their purchase(s) from Cleveland Auction Company. Purchased items must be paid the day of the sale and removed from our gallery by the day of the sale or within three (3) days of the auction. Furniture shall not be removed until after the auction has ended.
Buyer's Premium. Successful in-house bidders shall pay the hammer price of each lot, plus 20%, added on buyer's premium. Internet bidders shall pay the hammer price of each lot plus 22% added on buyer's premium, and an additional percentage payable to Artfact. Unless exempt by law, all purchases (including buyer's premium) are subject to local sales or use tax.
Payment. Live Bidders are required to pay for their purchases the day of the sale. No items shall be removed from the gallery unless payment is made in full. Internet bidders are required to pay for their purchases immediately upon receipt of an electronic or paper invoice. Acceptable forms of payment include personal check, bank check, bank transfer, Visa, Master Card, or American Express.
For internet bidders: IF CLEVELAND AUCTION COMPANY HAS NOT RECEIVED PAYMENT FOR WINNING BIDS THREE (3) DAYS AFTER BIDDERS HAVE BEEN NOTIFIED OF THEIR PURCHASES, THE BIDDER AUTHORIZES CLEVELAND AUCTION COMPANY TO CHARGE THEIR PURCHASES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
Catalog Descriptions: All property is sold "AS IS" and neither Cleveland Auction Company nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuiness, attribution, provenance, authenticity, authorship, completeness, condition of the property, or estimate of its value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.
Condition Reports: We at Cleveland Auction Company have attempted to provide you with any major defects on many of our lots listed in our catalog with each lot. However, as will all previously owned or used items, we consider normal wear and scuffing to be part of the normal/expected wear for items of such age. So that which we consider to be minor or normal wear is not listed. You will find these condition reports at the end of each description. It should be understood that Cleveland Auction Company and its employees are pleased to provide you with general condition reports of lots offered at auction. Since we are not professional conservators or restorers, we urge you to inspect the piece yourself or have your agent do this on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statements made by Cleveland Auction Company or its employees are merely a subjective qualified opinion. Prospective bidders are urged to contact Cleveland Auction Company directly for detailed information regarding any lot. If you have questions, please call.
THERE SHALL BE NO RETURNS FOR ANY REASON.
Estimates. Pre-sale estimates of the expected hammer price of each lot are provided for the convenience of prospective bidders. In most cases, they do not represent reserves. Bidders are encouraged to bid what they feel an item is worth.
Internet bidding through Art Fact Live auctions is offered as a service to our customers, and prospective bidders shall not hold Cleveland Auction Company, the auctioneer, or staff responsible for any errors or failures in executing bids, nor shall they hold Cleveland Auction Company, and the auctioneer responsible for any failure due to the loss of the auction applet supplied to Cleveland Auction Company by Art Fact live auctions.
Absentee Bidding: Cleveland Auction Company accepts absentee bids however; absentee bidders must first register with the gallery. Cleveland Auction Company will execute absentee bids in a competitive manner; however Cleveland Auction Company and/or their staff shall not be responsible for any errors or failures in executing bids. Unless otherwise agreed, the credit card placed on file during the registration process shall be billed if the absentee bid is the winning bid. Absentee bidders are subject to the same terms and conditions as Live Bidders and must remove their items from the gallery no later than three (3) days after the auction unless prior arrangements have been agreed to by Cleveland Auction Company.
Phone Bidding: Cleveland Auction Company provides phone bidding as a courtesy to our clients. Phone bidders must first register with the gallery and provide a phone number where they can be reached during the sale. Phone bidders must contact the gallery no later than one (1) day prior to the auction and provide the lot numbers and description of the items that they wish to place bids. In the event that the bidder is not available at the time, Cleveland Auction Company and/or their staff phone the number provided by the bidder, Cleveland Auction Company will not be responsible for failure to contact the buyer. Phone bidding is only available for lots with a low estimate of $200.00 or higher. Phone bidders are subject to the same terms and conditions as Absentee Bidders.
After the Auction
Internet Billing: Cleveland Auction Company will invoice all successful bidders within 72 hours after the close of the auction. Successful bidders are expected to pay for their purchases immediately. IF PAYMENT IS NOT RECEIVED WITHIN THREE (3) DAYS AFTER receipt of an electronic or paper invoice, ABSENTEE BIDDERS AUTHORIZE CLEVELAND AUCTION COMPANY TO CHARGE THEIR PURCHASES TO THEIR CREDIT CARDS LEFT ON FILE WITH THEIR ABSENTEE/INTERNET BID.
Shipping: ALL PACKING, SHIPPING & INSURANCE IS PAYABLE BY THE BUYER! Cleveland Auction Company does not pack, ship, or insure sold property, but will facilitate such arrangements and can suggest local packaging and shipping companies by request. Packing and handling of purchased lots is at the entire risk of the purchaser. We are not responsible for the acts of movers or packers. It is essential that items are paid for and their delivery arranged WITHIN SEVEN (7) days after the auction. Winning bidders must contact Packagers/Shippers to make arrangements for pick-up, payment, and claims. If property is not picked up within 30 calendar days following the sale, whether or not payment has been made, Cleveland Auction Company reserves the right to charge $10 per lot per day. For property that is not picked up after 60 calendar days, title of the property will revert to Cleveland Auction Company.
