Conditions of Sale
Terms & Conditions
TERMS & CONDITIONS FOR ALL BIDDERS. Please contact us directly at [email protected] with any questions.
I. Conditions of Sale and Terms of Guarantee
The lots listed will be offered by Curated Gallery as owner subject to the following terms and conditions. The following Conditions of Sale and Terms of Guarantee constitute the entire agreement with the purchaser relative to the property
listed in this auction. By bidding at auction you agree to be bound by these terms:
II. As Is
All lots are sold AS IS and without recourse and Curated Gallery makes no warranties or representations, express or implied, with respect to such lots. Prospective
buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place, to determine its condition, size, and whether or
not it has been repaired or restored.
Curated Gallery makes no warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, authenticity or any other description of the
physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical
significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from damage; nor does a
reference to particular defects imply absence of others. References to damage or restoration are for guidance only and should be evaluated by personal inspection.
Curated Gallery is not responsible in any way for errors or omissions in auction entry. Buyers are responsible for satisfying themselves concerning the condition of the
property and the matters referred to in the auction entry.
Curated Gallery provides ALL PROPERTY SOLD AS-IS, WHERE IS. All property is sold without warranty or guarantee as to condition or authenticity. We present and describe all merchandise as honestly and accurately as possible.
a, Additional condition reports and photos are available by request via phone or e-mail. All requests
and must be made no later than 12:00 noon the day preceding the sale.
ALL SALES ARE
FINAL. Please contact us directly at [email protected] for questions or
condition reports.
III. Shipping
2. Curated Gallery provides in-house shipping for smaller items. Large items, like furniture, will need to go to a 3rd party shipper. Buyers are welcome to use their own way of shipping. Contact Curated Gallery for shipper
recommendations or feel free to use your own shipper
Pick up services which are available post sale in Brooklyn, New York. Please contact us to arrange pick up of
your items in the New York City area.
We do not have normal hours so make sure you schedule a pickup. Items are shipping in order of payment received. Please allow up to 2 weeks for your items to be shipped.
IV. Withdrawal
Curated Gallery reserves the right to withdraw any lot at the time prior to the commencement of biding for such lot and shall have no liability whatsoever for such withdrawal.
V. Estimates
Each lot in the auction is given a low and high estimates representing that range which, in the opinion of Curated Gallery, represents a fair and probable auction value. Estimates are subject to revision. Estimates do not include the buyer?s premium.
VI. 3. Bidding
We reserve the right, at its complete discretion, to refuse
participation of any bidder in any auction and to reject any and all bid, as well as the right to refuse to acknowledge any bidders. The highest bidder acknowledged by the
auctioneer will be the winner. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final
discretion either to determine the successful bidder, to continue the bidding, to cancel the sale, or to re-offer and re-sell the lot article in dispute. If any dispute arises after the sale, Curated Gallery sale record shall be conclusive. Under our discretion we will
execute absentee bids, internet bids or telephone bids as a convenience to clients who can
not take part in the live sale. We are not responsible for any errors or omissions. Phone
bidding is a $100 minimum starting bid and a max 3 phone bids per customer. Curated
Gallery encourages all customers use liveauctioneers website.
VII. Purchaser?s responsibility
When making a bid, a bidder is accepting personal liability to pay the purchase price. Buyer acknowledges and agrees not to retract their purchase offer. The purchaser is responsible for on-time payment of the full price.
VIII. TAXES. New York City sales tax of 8.875% will be charged on all purchases unless (a) buyer provides sales tax certificate or (b) buyer provides commercial carrier
receipt for items is being shipped out of state by a commercial carrier., in which case, we
must be provided with a receipt by a commercial carrier. If a receipt is not provided at time of pick-up, items will not be released until tax is paid.
IX. Buyer's premium
A buyer's premium of 25% will be added to all catalogue purchases. There is an additional live fee of 5% added to invaluable invoices.
X Payment
. Accepted forms of payment are live payments (credit cards accepted), certified check, money order or cash.
PAYMENT DUE. Complete payment is required upon receipt of notification of
a successful bid. Items must be paid for no later than 72 hours following the auction. We start shipping out Monday. First paid - First shipped. After 7 days or no payment we have
the right to cancel the sale. We open cases on ALL unpaid items after 7 days, no exceptions.
XI. Remedies available to Curated Gallery
In addition to other remedies available by law, Curated Gallery reserves the right to
impose a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.
If any applicable conditions herein are not complied with by the purchaser, in addition to
other remedies available to us and the consignor by law, including without limitation the right to
hold the purchaser liable for the total purchase price, including all fees, charges and expenses
more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more
of the following rights?or remedies:
a. To charge interest at such rate as we shall reasonably select;
b. To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest
extent permitted under applicable law;
c. Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same
or any other auction, retaining as liquidated damages all payments made by the
purchaser;
d. Resell the property whether at private sale or public auction without reserve, and the
purchaser will be liable for any deficiency, cost, including handling charges, the expenses
of both sales, our commission on both sales at our regular rate, all other charges due
hereunder and incidental damages;
e. To set off the outstanding amount remaining unpaid by the buyer against any amounts
which we may owe the buyer in any other transactions;
f. Where several amounts are owed by the buyer to us, in respect of different transactions,
to apply any amount paid to discharge any amount owed in respect of any particular
transaction, whether or not the buyer so directs;
g. To reject at any future auction any bids made by or on behalf of the buyer or to require a
deposit from the buyer before accepting any bids;
h. To take such other actions as we deem necessary or appropriate; or
i. To effect any combination thereof.
XII.
All artwork descriptions, titles, ages, signatures, and labels are unauthenticated and intended to be visual descriptions of the works and not warranties or authentications of any kind. All artworks may be, without limitation, original, restored, reproductions, counterfeit, copies, or any combination of the foregoing. We do not test or authenticate any artworks. Buyers are invited to perform physical inspection prior to sale only. We disclaim all warranties, written, statutory, oral, including without limitation New York Arts & Cultural affairs Law Section 13, Express Warranties in Fine art Sales, warranties of merchantability, and warranties that the products are fit for a particular purpose, and warranties of authenticity of size, medium, importance, rarity, quality, condition, description, attribution, authorship, or significance. All lots are sold AS-IS and without recourse. We assume no risk, liability or responsibility for the material facts stated in any descriptions, titles, ages, signatures, or labels.
In the event that you breach the terms of the purchase or auction, or unsuccessfully file suit against us for any reason, you agree to pay us reasonable attorneys fees, court costs, expert fees, and all other costs of defending any such action or enforcing any term of this Agreement.
Storage:
Curated Gallery will store items for one month. After this period we reserve the right to charge $20 per item per week. If an item is not picked up within 3 months, the property is considered abandoned and we reserve the right to resell the item.
Premium
Buyers Premium is 25 percent of the hammer price. There is an additional 5% live fee collected by invaluable for purchases made on their platform.
Premium
Buyers Premium is 25 percent of the hammer price. There is an additional 5% live fee collected by invaluable for purchases made on their platform.
Shipping Terms
We are able to ship all items in house unless otherwise specified! We also offer local pick up and delivery. Please get in touch with us if you have any questions. Pick up location is 67 Guernsey Street, Brooklyn NY 11222
