Terms and Conditions
1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and the auction company, below which the lot will not be sold. In every case, the reserve will be set at or below the estimated range, but will not exceed the low range of the estimate listed. A representative of the auction company will execute reserve bids. The auctioneer has the sole discretion to accept or reject any bid.
2. All property is sold “as is, where is” and neither the auctioneer, auction company, or consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be held responsible for the correctness, no deemed to have made any representation or warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property. No statement made at the sale, or invoice, or elsewhere shall be deemed such a warranty of representation or assumption of liability.
3. Any condition reports listed in the printed or electronic catalog shall be as a courtesy to the prospective buyer, and the auctioneer and auction company cannot be held liable for the accuracy. While deemed reliable, these reports may contain inaccuracies, and all prospective bidders should fully satisfy themselves as to the condition and authenticity the lots prior to bidding in the auction.
4. The auctioneer has the sole discretion to determine the winning bidder. In the case of a disputed bid, the auctioneer shall have the sole discretion to re-open the lot and re-offer it for sale, have the sole discretion in determining the winning bidder, to refuse any bid, or refuse to acknowledge any bidder.
5. Any bidder planning on spending in excess of $100,000 should make arrangements with the auction company at least two business days in advance of the sale, as a deposit may be required to participate in the auction.
6. All property must be paid for and removed from the auction company no later than 14 days after the auction. The auction company may impose a $10 per day, per lot charge for any item not removed from the gallery. If property has not been removed 60 days after the auction, the auction company has the right to resell the property in a subsequent auction at no reserve, and after selling the lot to the highest bidder, deducting the standard commission and any other charges, remit the proceeds to the buyer.
7. The auction company shall have no liability for any damage or loss to the property left at the gallery for more than 7 days from the date of the sale.
8. The auction company accepts, cash, checks with proper identification, credit cards, and wire transfer. The auction company retains the right to hold merchandise paid for by check until the funds have cleared the bank. In the event that there are insufficient funds for the check, the buyer agrees to pay the auction company a handling charge of $30.
9. If the purchaser breaches any of their obligations under these terms and conditions, including the obligation to pay in full the purchase price of the all the items for which they were the successful bidder, the auction company may exercise all of its rights under the law, including, but not listed to canceling the sale and applying any payments made by the purchaser to the damages caused by the breach.
10. Shipping is the responsibility of the buyer. The auction company may provide a list of shippers to prospective buyers. The auction company shall not be held liable for customs restrictions governing exports from the United States, such as items that include materials from endangered species or exotic woods. It is the sole responsibility of the buyer to procure licensing for import or export of goods from local authorities.
11. Those parties who qualify for sales tax exemption must provide current and proper documentation of their exempt status.
12. A buyer’s premium of 21% shall be applied to the hammer price of every successful bid. Bidding on any item indicates a bidder’s acceptance of these terms and conditions, and all other terms and conditions posted in the sales room and through announcement.
13. These terms and conditions shall be governed by the law of the state of Ohio.
1390 East 30th Street
Cleveland, OH 44114