*****IMPORTANT PLEASE READ*****
This agreement binds you to arbitration and by agreeing to the terms herein you are giving up your right to bring a lawsuit against AZP Art Gallery. Bidders Bound by These Terms and Conditions of Sale set forth here are the complete and only terms and conditions on which all property is offered for sale. By registering and/or bidding on the platform or by written absentee or telephone bid, or by any other means, the buyer agrees to be bound by these Conditions of Sale.
1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS, OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of AZP Art Gallery, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials, or any other feature of items being sold. AZP Art Gallery believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. AZP Art Gallery attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from AZP Art Gallery that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and there are no assurances that any of the items being sold have been seized.
2. Neither AZP Art Gallery nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein), or evaluations provided are solely for the convenience of the bidder and AZP Art Gallery makes no warranties of any kind relating to them. Appraisals may include valuations that reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively "Estimate") as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in an AZP auction be grounds for a return, cancellation, or refund. All measurements given are approximate and within industry standards and customs.
3. In no event shall AZP's liability for any breach, or act, or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall AZP have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of AZP Art Gallery.
4. AZP reserves the right to reject any bid at any time and at his sole discretion. AZP additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. AZP reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
5. Hammer Price or Sale Price. The Hammer Price or Sale Price is the price at which a lot is sold or hammered down by the Auctioneer. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon immediately assumes full risk and responsibility and will within 72 hours pay the full Purchase Price. Any items unpaid after 15 days are might be no longer for sale.
6. All buyers must pay tax as charged except those who are exempt as follows:1)Exempt by virtue of being a reseller and Gallery has a Certificate of Resale on file by the time payment is made; 2) Exempt by virtue of being a non-profit or government entity and Gallery has a Certificate of Exemption on file by the time payment is received; 3) Live in one of 5 states that do not charge State Tax, those states being New Hampshire, Oregon, Montana, Alaska or Delaware or 4) Who are buying from outside of the USA.
7. Disputes Between Bidders Bids Delayed/Not Received. If any dispute arises between two or more bidders, the Auctioneer may decide the sale or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the Auctioneer shall be final and absolute. The Auctioneer reserves the right to reject any and all bids. Live Auctioneers bids are executed with and against outside competing telephone and absentee bids. In the case of ties, the auctioneer has sole and final discretion to determine the successful bidder. In the event of any dispute between bidders or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in every respect.
8. Withdraw Lots. Gallery reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The Auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.
9. All Lots Sold AS-IS. Neither the Gallery nor Auctioneer nor Consignor make any express or implied warranties or representations with respect to the property or correctness of the advertisement, catalog, Lot descriptions, and any other medium used to announce this auction or any other description of the physical condition, attribution, provenance, genuineness, description, condition of the property, an estimate of value, quality, importance, size or authenticity of the property offered and described either online or via telephone, text, email or any other communication. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by AZP Art Gallery. In the event that any reserve price of a lot is not exceeded by any bidder's bid, AZP Art Gallery, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of the bidder at any time during an auction and accept the bid made by the bidder. Reserve prices are always the confidential information of AZP and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid, the bidder understands and agrees that the bid, once accepted by AZP Art Gallery, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable, and non-cancellable by the bidder. AZP Art Gallery has final discretion on the sale of a lot. The decisions of AZP Art Gallery are final. In the unlikely event that we lose our internet connection, AZP Art Gallery reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
10. Condition: A condition report may be obtained by viewing the online catalog, or you may contact the Gallery. Notwithstanding any condition reports or catalog descriptions provided, all lots are offered and sold AS IS.
11. Terms for Payments on all Purchases: All payments on lots that are taxed must be made to the AZP Art Gallery. If you are exempt from tax payment, please forward a copy of the certificate to us.
Accepted wire transfer, ACH payment, personal check, Visa, MasterCard. All monies shall be made payable to AZP Art Gallery. Visa/MasterCard has an $800 Max Limit (DO NOT ACCEPT ANY INTERNATIONAL CARD), a 4% card transaction fee added to the total invoice amount. At the Gallery's discretion, payment will not be deemed to be complete until funds represented by checks or credit cards have been processed by Gallery's bank, card will take 1-3 days, a check will need seven business days to clear. Please add a $30 bank service fee for the wire transfer. Wire Details are as follows:
Beneficiary's Name: AZP ART GALLERY CORP
ACCOUNT #: 635631838
Beneficiary's Bank Details Name: JP MORGAN CHASE BANK
ADDRESS: 3131 E Lincoln Dr, Phoenix, AZ 85016
SWIFT CODE: CHASUS33 (International wire only)
ABA: 021000021 (USA wire only)
All international duties and international taxes are the responsibility of the buyer. For items purchased online, you will be emailed an invoice within 48 hours after the auction (if you do not receive it within 48 hours, please check the spam folder). This email provides bank wire transfer information. It is your responsibility to contact AZP Art Gallery at
[email protected] once the transfer has been completed.
If paying by money order, or cashier's check, AZP reserves the right to hold all purchases until the check has cleared to the satisfaction of AZP and its bank.
12. Shipping: The Gallery does not provide in-house packing and shipping. We will provide our shipper list to our customers after we receive the full payment. Items not removed or shipped from our warehouse after 60 days will be subject to a storage charge, each item $5 per day. We will release item(s) to the shipping company generally occurs within ten business days after payment has been received. All items will release out from our east or west warehouse, not our office.
13. Limitation of Rights. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief, or damages beyond return of the property, rescission of the sale, and without limitation, no purchaser shall be entitled to damages of any kind.
14. Full Payment Non-Transferable: In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred. Each buyer must pay for the whole of his purchases before any lot can be removed.
Not Assignable: The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at the time of sale and in the time period specified.
15. The bidder hereby waives, releases, remises, acquits, and forever discharges AZP Art Gallery and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto.
These terms and conditions, the contents of any listing, and the contractual relationship between AZP and any bidder shall be interpreted under and governed by the laws of the State of Arizona.
**IMPORTANT - PLEASE READ**
AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES.
