Holiday Fine Art Auction: December 15, 2016
CONDITIONS OF SALE
The following, as amended by any posted notices or oral announcements during the sale, constitute the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by FRANKLIN BOWLES GALLERIES:
1. As used here, the term bid price means the price at which a lot is knocked down to the purchaser and the term purchase price means the aggregate of (a) the bid price, (b) a premium of nineteen percent (19%) of the bid price payable by the purchaser and (c) unless the purchaser is exempt by law from the payment thereof, any California state or local sales tax (or compensating use tax of another state) and other applicable taxes. Unless exemption from such taxes is established to our satisfaction, any purchasers claiming an exemption will be required to pay the tax to us and seek a refund from the State of California.
2. The auction is open to you at no charge and you may enter or leave at any time during the auction.To bid in person, you must raise your numbered bid card to signify bids. Only one bid is required to make an auction. FRANKLIN BOWLES GALLERIES guar- antees that all art sold will be in comparable condition to that shown at previews or at the auction.Articles are sold as-is at the time of the sale. Any reframing will be done at additional cost to the buyer. A bid by any person shall be deemed conclusive proof that the bidder has made himself/herself acquainted with the conditions of sale and agrees to be bound by them.
3. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility, therefore (b) will sign a confirmation of purchase thereof, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. If the purchase price is not paid or the article not removed from the premises by the winning bidder, the auctioneer holds the purchaser responsible for the cost of the article, plus all associated costs of sale and warehousing. The gallery does not provide separate appraisals for the articles purchased at auction. Your invoice serves as your appraisal. To prevent missed deliveries and inconvenience in settlement of a purchase, no lot may be transferred. Because many of the artworks sold are fine artlimited-edition prints, the auctioneer reserves the right to sell more than one of each lot during the auction. In the case when there is more than one image sold, the auctioneer will decide which bidder takes the art from the auction.
The bidder awarded the art will take the art upon departure. All additional pieces sold at auction will be ready for pickup or shipment to the address noted on your auction invoice within six to eight weeks. Shipment of all items purchased will be made to any point designated by the successful bidder pursuant to, and as part of, the contract of sale. Shipping, packing and insurance are at the buyer’s expense. A charge will be incurred for each lot shipped by FRANKLIN BOWLES GALLERIES. $350.00 will be charged for each lot shipped within the United States, and $500.00 will be charged for each lot shipped outside the United States. All shipping charges are due and payable at the conclusion of the auction.
If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us by law, including, but without limitation to, the right to hold the purchaser liable for the purchase price, we at our option, may cancel the sale, retaining as liquidated damages all payments made by the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, all other charges due hereunder and incidental damages.
4. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auc- tioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided at sale.
5. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the pur- chaser. In the eventof any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
6. If we are prevented by fire, theft or for any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser.
7. Most lots are sold subject to a reserve; a confidential minimum amount for which the seller is willing to sell a work of art. In no case does thereserve exceed the listed gallery price.
8. FRANKLIN BOWLES GALLERIES may bid and assign bid numbers for its own account at any auction (even though it may be required to pay a buyer’s premium or other charges that other bidders may be required to pay) and may have access to information concerning the lots and items contained therein that is not otherwise available to the public. Any conflict of interest or claim of competitive advantage resulting there from is expressly waived by all participants in the sale.
9. Payment terms: All items are to be paid for immediately by (a) Cash, (b) Personal check and approved credit, and/or (c) VISA, MasterCard, AmericanExpress, Diners Club or Discover Card. ALL ITEMS ARE SOLD AS IS and ALL SALES ARE FINAL.
If you are unable to attend, and wish to place bids, we will accept absentee bids in advance of sale by telephone, or in writing, on bidding forms available in this catalog or from FRANKLIN BOWLES GALLERIES’ Art Consultants. Buy bids will be accepted. All bids must state the highest bid price the bidder is willing to pay. As noted above, a 19% premium payable by the purchaser will be added to the bid price together with applicable sales tax, packing and insurance. In the event identical bids are submitted, the earliest will take precedence.Absentee bids shall be executed in competition withother absentee bids, any applicable reserve and bids from the audience. Sale results and selling prices for any lot may be obtained by calling your Art Consultant during normal business hours.