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CONDITIONS OF SALE & IMPORTANT NOTICE
BEFORE THE SALE
Examination of property: Prospective buyers are advised to examine any property in which they are interested before the auction takes place. Condition reports are available upon request. All work is sold "as is" and buyers are responsible for satisfying themselves concerning the condition of property, authenticity and the matters referred to in the catalog entry. Apart from the Warranty and Limited Liability, all statements by BFA Auctions in the catalog entries for property or in condition reports are statements of opinion and are not to be relied upon as fact. Estimates of price should not be relied on as statements that this is the price at which the item will sell or its value for any other purpose. Neither BFA Auctions nor its affiliates are responsible in any way for errors and omissions in the catalog, condition report or supplemental material.
AT THE SALE
Registration Before Bidding: All prospective bidders must register via Invaluable, AuctionZip or its affiliates. No in-person registration will be accepted.
Bidding as principal: When making a bid, a bidder is accepting personal liability to pay the purchase price and all applicable taxes, buyer's premium plus other applicable charges. Packing and shipping of items is available for additional charge and can be quoted for successful bidders on request after the auction. Successful bidders may arrange to pick up their items in person. No item will be released until payment in full is received and funds have cleared.
Online Bids: This is a timed, online auction only. No phone or in-person bids will be accepted.
Reserves: Unless otherwise indicated, all lots offered for sale are subject to a reserve, which is the confidential minimum price below which the lot will not be sold.
AFTER THE SALE:
Payment and passing of title: The hammer price is the purchase price of each lot. Applicable sales tax and buyer's premium is additional. Buyer must pay the full amount due within 48 hours of end of sale. This applies to buyers wishing to ship or export items. The buyer will not acquire title to the lot until all amounts due from the buyer have been received by BFA Auctions in good cleared funds. All bidders will complete and submit a credit card authorization form that authorizes BFA Auctions to charge the buyer for any and all winning bids should buyer fail to pay within allotted time.
Failure to pay or collect goods: Where purchases are not collected within 30 calendar days from the date of sale, whether or not payment has been made, BFA Auctions shall have the right to transfer the property, at buyer's expense, to a storage facility located in Ft. Lauderdale, FL, and only release the items after payment in full has been made for transportation, administration, handling, storage and insurance together with payment of all other amounts due to us or our affiliates. New River Fine Art reserves the right to resell any item that is not collected within 60 days of sale. Credit will be issued to buyer for purchase price, less storage and all other applicable fees, upon resale of item but not prior to collection of good cleared funds.
Collection of purchases: BFA Auctions shall be entitled to retain all items sold until all amounts due have been received in full in good cleared funds or buyer has satisfied such other terms as we, at our sole discretion, shall require. Subject to this, buyer shall collect purchased lots within 30 days from sale date unless otherwise agreed between BFA Auctions and buyer.
BFA Auction's interest in property for auction: BFA Auctions may offer a lot which it owns in whole, part or may be consigned through a third party.
Lots that include items other than artwork: In some cases, lots may include items other than artwork such as tickets, travel or additional property. In these cases, travel and event dates may be subject to blackout dates and/or itineraries of other parties. BFA Auctions will use best efforts to accommodate requests, but offers no guarantee of specific requests for dates, accommodations or schedules and can not guarantee against cancellation due to outside factors. All travel is for two people, coach air and hotel room and tax only, without incidentals. Should event or trip be cancelled by BFA Auctions or its affiliates, the equivalent of cash value for travel, hotel and/or event tickets will be offered as remuneration. Bidder may not transfer items to other parties and cancellation by Bidder does not qualify for cash reimbursement.
Warranty and Limited Liability: BFA Auctions warrants for a period of 1 year from the date of sale that any property described in headings printed in Upper Case type in this catalog (and as amended in any saleroom notice or announcement) which is stated without qualification to be the work of a named artist is authentic and not a forgery. Only upper case type headings indicate what is being warranted and does not apply where the catalog description or saleroom notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale. The benefits of the warranty are not assignable and shall apply only to the original buyer. Buyer's sole and exclusive remedy is the cancellation of sale and the refund of the purchase price paid for the lot and does not include consequential damages including, but not limited to, loss of profit or interest. Buyer must give written notice of claim within 1 year of sale date and Buyer must return the lot to BFA Auctions in the same condition it was purchased.
Copyright: Copyright in all images, illustrations and written material produced by or for BFA Auctions for this catalog shall remain at all times the property of BFA Auctions and/or the attributed Artist. Buyer of property does not acquire any copyright or other reproduction rights.
Severability: If any part of these Important Notices or Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the notices and conditions shall continue to be valid to the fullest extent permitted by law.
Law and Jurisdiction: The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed by the laws of the State of Florida, County of Broward. By bidding at auction, whether present in person, by agent, by written bid, telephone bid, online bid or other means, the buyer shall be deemed to have submitted, for the benefit of the selling parties, to the exclusive jurisdiction described above.
Packing, Handling and Shipping: Hammer price does not include packing, handling or shipping. Should buyer require a purchased item to be shipped, delivered or installed, BFA Auctions will deliver items to a third party packing and shipping company or other such company as requested in writing by buyer to pack, ship, deliver and/or install purchased items at buyer's expense. Buyer will be billed for these services directly by shipping company. All transfer, handling, packing, shipping, unpacking and installation charges are additional, not included in Hammer Price or Buyer's Premium and are at Buyer's expense. BFA Auctions shall use reasonable efforts to take care when handling, packing and shipping a purchased lot, we are not responsible for the acts or omissions of third parties whom we might retain or whom buyers may request to be retained for these purposes. Buyer is responsible for all duties, customs fees and any other fee related to shipments outside the United States.
Buyer's Premium will be charged on all lots in addition to Hammer Price.
Catalogue and Condition Reports: A complete glossary of terms used in this catalog is available upon request. All dimensions are approximate for unframed art. Framed sizes and descriptions are available upon request. Condition reports for specific lots are available upon request from BFA Auctions. Prospective buyers should note that condition descriptions of property are not warranties and that each lot is sold "as is".
NOTE REGARDING CONDITION OF PURVIS YOUNG LOTS:
Purvis Young created his art using found objects that were often discarded at construction sites or in dumpsters. A certain amount of deterioration, irregularity and general "roughness" are inherrent in his work. BFA Auctions has made reasonable efforts to describe extraordinary instances of deterioration and irrugularities in each lot's condition but under no circumstances should bidders interpret "Excellent", "Very Good" or "Good" condition as lacking any defect.
Sales Tax/ VAT/Other Taxes
Sales tax of 6% will be charged to all items that are shipped within the stae of Florida.