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Terms and Conditions of Sale
Please Note Our Terms of Sale have recently changed. By registering to bid on this auction you agree to the following terms and conditions. Telephone and absentee bidders will be notified by both telephone and e-mail within two days of sale end. We accept payment in the form of cash, check, money order, wire transfer, Visa, MasterCard, Discover Card, American Express and PayPal, as well as some debit cards.
1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchant ability, fitness, nor of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and all of the property is sold as is. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer or any employee of Kaminski Auctions shall be deemed a warranty or assumption of liability by Kaminski Auctions or by any seller represented by Kaminski Auctions.
2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale.
3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying 'sold'. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion.
4. Payment must be made by cash, check, money order, wire transfer, Visa, MasterCard, Discover Card, American Express or PayPal, within 5 business days from the end of sale. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. We require wire transfers or Credit cards for international buyers.
5. Payment for all purchases is expected at time of purchase. Payment for successful absentee, phone bids and online bids are required within five business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through Live Auctioneers or any other online platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. In the event the buyer does not pay in full within seven days of the sale, the buyer is in default, therefore title has not exchanged. In the event of a buyer default, the buyer agrees to pay Kaminski Auctions a 20% default fee and releases title of that said item.
6. We are pleased to offer online bidding for prospective bidders who cannot be present at the auction. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. We can accept written absentee bids submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. Kaminski Auctions shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute.
7. In the case of identical absentee bids, the bid received first will prevail. Bids left via online bidding platforms are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 70-100 lots per hour.
8. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above.
9. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees and insurance charges. At our discretion, items will either be packed by an agent such as a packaging store or Kaminski Auctions. Please allow two weeks for shipping after payment is received. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. Kaminski Auctions will have no liability for any loss or damage to shipped items.
10. Note to internet absentee bidders. We do not accept cut bids. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation.
11. All purchases are subject to applicable Massachusetts sales tax unless the Massachusetts Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. Items shipped out of state are not subject to sales tax.
12. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Kaminski Auctions may seek all remedies under the law including canceling the sale and re-offering the property without reserve.
13. A buyer's premium will be applied to the purchase price of all items: 20% if bidding live, by phone or by absentee bids. All online Internet bidding shall have a 25% buyers premium added to the highest bid.
14. Purchased items not picked up from our auction facility within ten business days of the auction will be moved to Beverly Moving and Storage located at 117 Elliot St. Beverly Ma unit 4. All items not picked up within 10 business shall be assessed a storage fee of $25.00 per day, per item. You authorize us to re-sell on your behalf any item not picked up within 30 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20%, will be subtracted from the proceeds unless other arrangements have been made with Kaminski Auctions. The minimum charge will be $50.
15. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. Buyer is responsible for any and all CITES permits.
16. All photos and descriptions posted on LiveAuctoneers or any internet platform are property of Kaminski Auctions and are subject to US copy write laws. No photo or description may be used without written approval by a Kaminski Auction agent. Use of unauthorized photos and descriptions could incur penalties.
I understand that Frank C. Kaminski, Inc. will execute bids as a convenience and will not be held responsible for any errors or failure to execute bids. I understand that my bids are placed subject to the terms and conditions of sale as state above, and that I will be responsible for the purchase price and buyer's premium, as well as all applicable local and state taxes and separate shipping costs. Shipment will not be made until full payment has been received.
564 Cabot St. Beverly, Massachusetts 01915
Tel: 978-927-2223 Fax: 978-927-2228
Payment is due for your item(s) upon receipt of invoice.
Purchases made totaling $2,000 or more require a 40% payment at close of sale or time of purchase and the remaining balance must be paid in full with check, cash, credit card or wire transfer within 5 business days.
Payment is due for your item(s) upon receipt of invoice. Telephone, absentee and floor bidders will be notified by telephone and/or e-mail within two days after the sale, at which time 40% of balance is due if not paid in full. We accept payment in the form of cash, approved check, money order, wire transfer, Paypal, Visa, Mastercard and Discover. If you would like to pay by electronic check please fill out the authorization form.
Unless alternative payment method has been pre-arranged with Kaminski Auctions, we reserve the right to charge 40% of the invoice to the credit card on file for any bidder who has not paid in full within 5 days from the auction date. If full payment is not received within 5 business days, then the deposit is forfeited and Kaminski Auctions has the right to re-sell the items.
ALL PROPERTY STORED IS AT THE RISK OF THE PURCHASER.
Kaminski Auctions does not handle shipping directly. However, we do work with a number of recommended shippers, listed below. After submitting payment for your purchase with Kaminski auctions, please contact the shipper of your choice to arrange for pick-up and shipment.
The buyer's premium on property purchased will be in the amount of 25% of the final bid price.
All purchases are subject to 6.25% Massachusetts sales tax unless purchaser has Massachusetts sales tax exemption number. Items shipped or mailed out of the state of Massachusetts are exempt from Massachusetts sales tax.
By taking part in the auction, you agree to unconditionally abide by these Conditions of Sale.
EXhIbITION AND CATALOGuE
1. Visitors shall be held responsible for damage caused to the property on display up to the estimated amount necessary to repair. 2. Lots are sold in the same physical condition as they were at the time of auction. The exhibition allows all bidders to inspect the property. No com plaint shall be accepted after the sale. 3. No guarantee or warranty whatsoever is given against legal or material defect. Catalogue entries, as well as condition reports, are statements of opinion genuinely held by the experts, provided as indications only and cannot in any case be interpreted as guarantee or warranty. 4. Images and reproductions of sold items are the copyright of GALARTIS SA, that is entitled to use them at any time and for any purpose.
5. Individuals not able to attend the auction are entitled to submit a written offer to buy (please complete form in this Catalogue). Such offer must be received by the organizers no later than 24 hours before the sale. This bid shall specify the maximum price proposed by the Buyer and shall be executed by the Auctioneer under the conditions of auction set forth below. 6. Individuals who wish to place bids by telephone must submit a request in writing, by fax or by mail no later than 24 hours before the sale and provide all relevant bank information (please complete form in this Catalogue). If the bidder cannot be reached on the phone, the lot will be sold to the unreached bidder at the lower estimate.
7. Individuals who wish to bid will be asked to prove their identity before receiving their bidder numbers. 8. Adjudication is at the highest bid. In the event of dispute between two bidders, the Auctioneer reserves the right to rescind the sale and to imme diately reoffer the property for sale. 9. The Auctioneer reserves the right to move up the auction, separate, add or withdraw any lot in his sole and absolute discretion. In addition, the Auctioneer reserves the right to reject any bid and / or adjudication of any lot. 10. In the event a reserve price has been set, the Auctioneer reserves the right to bid on account of the Seller. If the reserve price set by the Seller is not met, the next lot will be offered for sale by rapping the hammer. 11. The Buyer shall pay a commission of 25% (VAT 8% included) for lots sold at a bid price until CHF 1'000.- ; 22.5% (VAT 8% included) for lots sold at a bid price between CHF 1'001.- and CHF 50'000.- ; 20% (VAT 8% included) for lots sold at a bid price between CHF 50'001.- and CHF 100'000.- : 17.5% (VAT 8% included) for lots sold at a bid price of 100'001.- or more. Buyers for Cars and Motorcycles will pay a 17.5% Buyers Premium (8% VAT included). For items which are marked with an asterisk (*) in the
CONDITIONS OF SALE
Catalogue the VAT 8% will be charged on the full amount. (Bid price plus commission). PAYmENT AND COLLECTION
12. All payments for property bought at auction shall be made in cash and in Swiss francs or via bank transfer. All bank expenses have to be paid by the customer. Cheques are not accepted. 13. One may pay by Maestro, EC-Direct and Postcard without extra fees. An additional fee of 2% will be added on one's invoice for payment by the credit cards Visa or Mastercard. GALARTIS SA does not take American Express or other credit cards. 14. Title to the property shall not pass to the Buyer until it has been delivered to and paid in full by the Buyer. 15. Property bought at auction must be removed at the expense and risk of the Buyer : - during and at the end of the sale ; - from Monday 11th of July from 10am to 12:30pm and from 1:30pm to 6:00pm at Hôtel des Ventes, route de Bois-Genoud 1, 1023 Crissier. 16. GALARTIS SA can help you briefly wrap your purchase. GALARTIS does not take responsibility for wrapping porcelain, glass, cristal or unhang lamps. Therefore Galartis' employees are not allowed to wrap these lots for you. For home delivery, the Buyer may contact GALARTIS SA. Deliveries and shippings are at all risks and expenses of the Buyer. 17. Ten days after the sale, and without further notice, the purchased lots will be stored at the expense and risk of the Buyer in a storage room. In contravention of Article 486 OC, the Buyer allows GALARTIS SA to sell or get rid of the lots when the storage fees are left unpaid for two consecutive quarters. 17. A percentage on the hammer price of each lot devolves on each lot to the Claude Nobs Foundation following this distribution : ¤ 10 % : Color code blue ¤ 20 % : Color code green ¤ 30 % : Color code yellow ¤ 50 % : Color code orange ¤ 80 % : Color code red Once the due amount is paid, a donation act of the Claude Nobs Foundation will allow tax reductions in most of swiss cantons. APPLICAbLE LAW AND juRISDICTION
19. Any dispute arising out of or in connection with the sale shall be governed exclusively by laws of Switzerland. Buyer shall be deemed to have consented to the exclusive jurisdiction of the Courts of the Canton of Vaud regardless of the domicile of the parties to such dispute. However, GALARTIS SA will also have the possibility to file its claim at buyer's domicile/head office, or in front of any other competent court, subject to a possible appeal to the Supreme Court of Switzerland in Lausanne.
the French version of these Conditions of Sale is the only reference applicable.