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Property is offered for sale by Kestenbaum & Company as agent for the Consignor. By bidding at auction, the buyer agrees to be bound by these conditions of sale.
1. Bidding on any item indicates your acceptance of Kestenbaum & Company's terms and all other terms announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
2. All property is sold "as is," and any representation or statement in the auction catalogue or elsewhere as to authorship, attribution, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. All interested parties should exercise their own judgment as to such matters, Kestenbaum & Company shall not bear responsibility for the correctness of such opinions.
3. 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 article in dispute. Should there be any dispute after the sale, the Auctioneer's record of final sale shall be conclusive. On the fall of the Auctioneer's hammer, title to the offered lot shall pass to the buyer, who shall forthwith assume full risk and responsibility for the lot and may be required to sign confirmation of purchase, supply his/her name and address and pay the full purchase price or any part thereof. If the buyer fails to comply with any such requirement, the lot may at the Auctioneer's discretion, be put up again and sold.
4. Kestenbaum & Company reserves the absolute right to withdraw any property at any time before its actual final sale.
5. All lots in this catalogue are subject to a reserve, which is the confidential minimum price acceptable to the Consignor. No reserve will exceed the low presale estimate stated in the catalogue.
6. The purchase price paid by the purchaser shall be the sum of the final bid and a buyer's premium of 23% of the first $150,000 of the final bid on each lot, and 18% of the final bid price above $150,000, plus all applicable sales tax.
7. All purchases are subject to New York City sales tax unless the purchaser possesses a New York sales tax exemption number.
8. All property must be paid for and removed from our premises by the purchaser at his expense not later than ten days following its sale. If not so removed, storage charges may be charged of $5.00 per lot per day. In addition, a late charge of 1.5% per month of the total purchase price may be imposed if payment is not made.
19. Kestenbaum & Company accepts no responsibility for errors relating to the execution of all bids.
10. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Kestenbaum & Company may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchasers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
11. In the event of any potential concern or dispute, please note that all of Kestenbaum & Company's auction-related activities are exclusively governed by the laws of the State of New York.
Important Note Regarding Live Auctions
Items offered are part of a live auction at Kestenbaum & Company's gallery. Items are offered in numerical order and are auctioned at a pace of approximately 80-100 lots per hour.
Absentee bids left on third-party live auctions platforms ARE NOT the same as bids left with the auction house directly. They are executed from a proxy computer terminal in the room against other Internet bidders. Other competitive bids include bidders on the telephone, in the room, other internet bidders, and absentee bids held by the auctioneer. Tie bids may occur between live auctions absentee bidders and other bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choosing--most often the floor bidder.
The auctioneer (Kestenbaum & Company) at its sole discretion, reserves the right to refuse participation in this auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee bid. Kestenbaum & Company reserves the right not to accept bids via internet bidding for lots of high value. If you intend on bidding on any lots with a low estimate of $2,000 and above, you must first contact Kestenbaum & Company no later than 24 hours prior to the auction to be approved for bidding. Please contact Kestenbaum & Company at [email protected]
Prospective bidders should register in advance of the sale date. Please be sure to include your complete billing information and agree to share this information with Artfact. Approval for bidding is at the discretion of the auction house. Please note registrations must be approved no later than 3 hours prior to the commencement of the auction.
All items in the catalog are sold as described and sales are final. Prospective bidders should personally inspect such property to determine its condition and whether it has been repaired or restored. No statement regarding condition, genuineness, attribution, provenance, authenticity, completeness, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by RoGallery.com. If an item is materially different than was described, Buyer shall have 48 hours from the date the property is received to notify us. After the 48 hour period all items are considered "as is", without recourse. No lot is returnable on account of property included but not specifically named and described in such lot. Lots containing three or more items, whether named or unnamed, and/or selling for $200 or less, exclusive of buyer's premium, are sold not subject to return for any reason.
The foregoing guarantee is only valid to the original buyer. The item(s) must be returned in the same condition and packaging as when purchased. No purchaser shall be entitled to any remedy, relief or damages beyond the return of the property, rescission of the sale and refund of the purchase price; and, without limitation, no purchaser shall be entitled to damages of any kind. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser.
15) Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
16) You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site
Methods of Payments: We prefer Bank Wire Transfers, but also accept Visa, Mastercard, Discover, Amex, Money Orders and PAYPAL shipped to confirmed addresses only. Pick-ups and shipments within New York State are required to pay applicable sales tax 8.875%. Wire transfers required for all invoices $2000 and over.
Payment Due: Buyer shall communicate with Seller within three (3) days of the completion of the auction. Complete payment is due upon receipt of notification of a successful bid and shall be received by the Seller no later than 10 days following the auction. Title shall pass to the Buyer once payment in full has been made. All shipping charges will be borne by the Buyer. See point (6) above.
We ship to locations around the World via UPS, Fedex and BAX Global. We do not have practical access to a Post Office and do not ship to P.O. Boxes.
Estimated Shipping/Packing/Insurance: within the US, $30 unframed in a tube, $125 framed & paintings ; To Europe, $145 unframed in a tube -shipping to be determined on paintings and framed artworks. (All costs are Estimated)
Shipping/Packing Costs can vary greatly for flat shipments, special needs, high value and very large items. Overnight is available. We ship by the most secure methods possible. All items are professionally packed in-house and fully insured. Please inquire for specific shipping charges to your location prior to bidding. Combine auctions to save $$ on shipping.
A buyer's premium shall be added to each purchase to reach the total sales price. The buyer's premium for each sale is posted on the Auction detail page.