Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE EXPORT AND PERMIT: It's the buyers sole responsibility to identify and obtain any necessary export. Any symbols or notices in the sale catalog reflect Collector Fine Art Auctions reasonable opinion at the time of cataloging and offer Bidders general guidance only / Collector FineArt Auctions and the seller make no representation or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes. The denial of any permit or license shall not justify cancellation or rescission of the sale contract or any delay in payment.SERVICE OF PROCESS:All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery or by mail or in any other manner permitted by US Law, the law of the place of jurisdiction where proceeding instituted at the last address of the Buyer or seller known to Collector Fine Art Auctions, or any other usual address.Bidders can expect the lots prior to the sale. Collector Fine Art Auctions accepts bids on its lots solely on the basis that Bidders (have and independent export on their experts on their behalf, to the extent appropriate given the nature and value of the lot and theBidder's own expertise) have fully inspected the lot prior to bidding and have satisfied themselves as to both the condition of the lot and the accuracy of description.Bidders acknowledge that many lots are of an age and type which means that they are not in perfect condition. All lots offered for sale in the condition they are in at the time of the auction; (whether or not Bidders are in attendance at the auction) Condition reports may be available to assist when inspecting lots. Catalog description and condition reports may on occasions make reference to particular imperfections of a lot, but Bidders should note that lots may have other faults not expressly referred to in the catalog or condition report. Illustrations are for identification purposes only and will not convey full information as to the actual condition of lots. Information provided to Bidders in respect of any lot, including any estimate, whether written or oral and including information in any catalog, condition or other report, commentary or evaluation is not a representation of opinion genuinely held by Collector Fine Art Auctions. Any estimate may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time in Collector Fine Art Auction absolute discretion.
CONDUCT OF THE AUCTION:A) Unless otherwise specified, all lots are offered are subject to a Reserve, which shall be no higher than the low presale estimate at the time of the auction. B) The auctioneer has discretion of any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he believes there may be error or dispute, and take such other action as he reasonably thinks fit. C) The auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller up to the reserve on the lot, without indicating he is doing so and whether or not other bids are placed. D) Subject to Condition 6 (b), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer, whereupon the Buyer becomes liable to pay the Purchase Price.
PAYMENT AND COLLECTION:A) Unless otherwise agreed payment of the Purchase Price for the lot or any Buyer Expenses are due by the Buyer immediately on conclusion of the auction (the "Due Date") notwithstanding any requirements for export, import or other permits for such lot. B) Title in a purchased lot will not pass until Collector Fine Art Auctions has received the Purchase Price and the Buyer Expenses for that lot in cleared funds. Collector Fine Art and Auctions is not obligated to release a lot to the Buyer until title in the lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of the title or the Buyer's unconditional obligation to pay the Purchase Price and buyer's Expenses. C) The Buyer is obligated to arrange collection of Purchased lots no later than (30) thirty calendar days after the date of the auction. Purchased lots are at the Buyer's risk (and therefore their sole responsibility for insurance) Buyers should note that Collector Fine art and Auctions assumption of liability for loss or damage is subject to the exclusions set out in Condition of the Condition of Business for Sellers. D)For all items stored by a third party and not available for collection from Collector FineArt Auctions premises, the supply of authority to release to the Buyer shall constitute collection by the Buyer. E) All packing and handling is at the Buyer's risk. Collector FineArt and Auctions will not be liable for any acts or omissions of third party packers or shippers.
PERMIT FOR NON-PAYMENT:Without prejudice to any right the Seller may have, if the buyer without prior agreement fails to make payment for the lot within (5) five days of the auctions, Collector Fine ArtAuctions in its sole discretion (having informed the seller) exercise one or more of the following remedies: A) Store the lot on it's premises or elsewhere at the Buyers sole risk and expense. B) Cancel the lot. C) Charge interest at 6% per annum above Bank picBase Rate from the due date the Purchase Price and relevant Buyer's Expense are received in cleared funds. D) Exercise a line over any of the Buyers property which is the possession of a Collector Fine Art Auctions Company.Collector Fine Art Auctions shall inform the Buyer of the exercise of any such lien and within (14) fourteen days of such notice may arrange the sale of such property and apply the proceeds to the amount owed to Collector fine Art Auctions. E) Resell the lot by auctions or private sale with the estimates and reserves at Collector Fine Art Auctions' discretion. In the event such resale is for less than the Purchase Price and Buyer's Expenses for that lot, the Buyer will remain liable for the shortfall together with all cost incurred in such resale. F) Commence legal proceeding to recover the Purchase Price at Buyer's Expenses for that lot, together with interest and the cost of such proceeding on a full indemnity basis. G) Release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceeding to recover the amounts due and legal cost. Collector Fine Art Auctions will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.
FAILURE TO COLLECT PURCHASES:A) the buyer pays the Purchase and Buyer's Expenses but fails to collect a purchased lot within (30) thirty calendar days of the auction, the lot will be stored at the Buyer's expense (and risk) at Collector Fine Art Auctions or a third party. B) if a purchased lot is paid for but not collected within (6) six months of the auction, the Buyer authorizesCollector Fine Art Auctions having given notice to the Buyer to arrange a resale of the item by auction or private sale estimates and reserves at the Collector Fine Art Auctions discretion. The proceeds of such sale, less all cost incurred by Collector Fine ArtAuctions.GLOSSARY OF TERMS:The following are examples of the terminology used in this catalog. Any statement as to authorship, attribution, origin, date, age, provenance and terms of the AuthenticityGuarantee and the Condition of business for Buyers set out this catalog.
CONDITION OF SALE
Collector Fine Art Auctions: act solely as agent for various and consignor. It exercises care in describing all items listed and uses judgment in attributing authorship, but offers no guarantee regarding authenticity, or description.The items in this catalog, whose description may be amended by notice or announcement at the same time, are offered for sale by Collector Fine Art Auctions as agents for various owners or others authorized to sell the items. Hereinafter, Collector is referred to as the Sellers Agent. The owners or other authorized to sell the items are hereinafter referred to as the Sellers. The person or persons acknowledged by the auctioneer to be the highest bidder on an item shall be hereinafter referred to as theBuyer or Buyers. Collector reserves the right to change the terms of sale by oral announcement. Any such change shall become part of the condition of sale. By placing a bid, whether present at the sale in person, or by agent, or by written or oral bid, or by telephone or by other means, the Buyer agrees to be bound by these conditions of sale.1.The highest bidder acknowledged by the auctioneer shall be the Buyer. In the event of any dispute between bidders, the auctioneer has the absolute discretion to determine which bidder is a successful Buyer or to re-offer the item in dispute and resell it.2.In the event of any dispute after the sale, Collector Fine Art Auctions record of the final sale's price of the successful Buyer shall be conclusive. Collector reserves the right to withdraw any before or during the sale. 3.Many items in the auction were sold subject to a reserve. Such a reserve is confidential, but in no case will the reserve exceed the low estimate. The auctioneer may reject and bid or increment not commensurate with the value of the sale.4.Order bids are accepted. A deposit may be required. Absent parties may place bids by mail, phone, or in person prior to the sale. Order bids must be placed prior to the day the sale. Collector will execute such bids up to the maximum amount specified. Collector is not responsible for errors or omissions in the executing of these bids. Phone bidders are encouraged to leave a cover bid incase of technical failure.5.A premium of 25% of the successful bid up to and including $100,000 and 20%on any amount exceeding $100,000 will be applied to the hammer price of the properties sold. To be paid by the Buyer as part of the purchase price. Payment may be made by cash, check, or wire transfer, Visa/MasterCard. Purchases are subject to New York State sales tax. 6.Limited Warranty:Although Collector Fine Art Auction exercises due care in describing the items listed and uses good judgment in attributing authorship, it does not make any express or implied warranty as to such authorship.Notwithstanding, Collector may, but shall have no obligation to consider any reasonable request for refund on the ground of authenticity of authorship only under the following condition: A. Notification must be made to Collector in writing within 14 days of receipt of the item. B. The item must be returned within 28days of the sale, accompanied by written testimony from a recognized Authority that the lot in question is a forgery. C. The limited warranty does not extend to the lots identified as attribution, school, circle, manner, or after. D.The limited warranty is applicable only to the original Buyer. 7.All properties are sold "as is". 8.As a convenience to the Buyer, Collector will make a referral for packing and shipping. This is at the request, expense, and risk of the Buyer, and Collector assumes no responsibilities for the items or timing of delivery. Insurance for in transit items is the responsibility of the Buyer.
BIDDING AT THIS AUCTION, WHETHER IN PERSON, BY PHONE, BY AGENT, ORDER BID,TELEPHONE OR OTHER CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE "CONDITIONS OF SALE".
Ways to Bid
COLLECTOR FINE ART AUCTIONS: 5 EASY WAYS TO BID
1. INTERNET: Simply go to:www.CFAAuctions.com. Find the auction you are looking for and click on "Lot Views". Every lot is listed with full descriptions and images. Collector Fine Art Auctions works in conjunction with www.Invaluable.com where you can easily register to place a bid.
2. EMAIL:You also email your bids to us at
[email protected]. List all lot numbers and bids, and include your name, address, phone number (if known) as well as a statement of your acceptance of the Terms & Conditions of the Sale. Email bids will be accepted up to 24 hours before the online auctions.
3. POSTAL MAIL:Simply complete the bid sheet with your bids and the lots you want, sign it and mail it in. If yours is the highest bid on any lot, we act as your representative at the auction and buy the lot as cheaply as competition permits.
4. IN PERSON: Come to the auction and view the lots in person.
5. LIVE BY PHONE CALL: Call 1-800-407-1120 and ask for phone bidding assistance at least 24 hours prior to the auction. Because of the many avenues by which bids may be submitted, there is a real possibility of a tie for the high bid. In the event of a tie, internet bidders, within their credit limit, will win by default.
Shipping Terms
HOW TO SHIP YOUR PURCHASES
Collector Fine at and Auctions requires "Third Party Shipping" for certain items in this auction not picked up in person by the Buyer. It shall be the responsibility of the successful bidder to arrange pick up and shipping through a third party as to such items the auctioneer shall have no liability.
STEPS TO FOLLOW
1.Select a shipping company from the list below or companies of your choosing which will remain on file and in effect until you advise otherwise in writing.
2.Complete, sign and return an Agent Shipping Release Authorization Form toCollector (this form will be automatically emailed to you along with your winning bid(s) notice or may be obtained by calling client services at 1-800-407-1120).3.Collector Fine Art Auctions shipping department will coordinate with the shipping company you have selected to pick up your purchases.We will send you a shipping quotation for this and future purchases unless you select one of the options below.
Please provide the name and address for shipment of your purchase if different from above.
NAME AND ADDRESS ____________________________________________________________________ ____________________________________________________________________
ZIP CODE_______________________COUNTRY ___________________________
( ) I will collect in person ( ) authorize you to release my purchases to my agent/shipper(provide name).
Send me a shipping quotation for purchases in this sale only.Payment may be made by completing the information below. We accept Credit or Debit Cards such as Visa, Master Card. Payment exceeding $20,000 can only be made by the cardholder in person. Payment must be made by the invoiced part. Full details of how to pay, including other payment methods are stated in this catalog.
NAME ON CARD ___________________________________________________________________
Credit Card # ___________________________________________________________________
Expiration Date:_________________________ Security Code:_________________
I agree to be bound by Collector Fine Art Auctions "Conditions of Business" and the information set out over leaf in the Guide for Absentee and Telephone Bidders, which is published in the catalog for the sale I consent to use of this information and any other information obtained by Collector Fine Art Auctions in accordance with the Guide of Absentee and Telephone Bidders and Conditions of Business.
Signature ____________________________________________________________
Print Name___________________________________________________________
Date ________________________________________________________________
Collector Fine Art Auctions
97 Windermere Ave,Warwick, NY 10925
[email protected] / 1-800-407-1120