Conditions of Sale
CONDITIONS OF AUCTION SALE
The following Conditions of Sale, whether printed or on website, as they may be amended by any posted notices or oral announcements before or during the sale, constitute Barridoff Galleries' and its consignors' entire agreement with the buyer relative to the property listed herein. By participating in the sale, all bidders agree to the terms hereof.
1. Barridoff Galleries acts as an agent for its consignors and the contract for sale is between the consignor and the buyer. Barridoff Galleries may reject any bid for any reason. Items are sold with reserve, and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any property at any time before its actual sale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in its sole discretion, and its decision shall be final and binding. As a convenience to clients who cannot attend a sale in person, absentee/telephone bid forms may be found on the Barridoff Galleries website. Online bidding may also be available on one or more online auctioneering websites as announced by Barridoff Galleries. Barridoff Galleries is not responsible for errors and omissions in connection with telephone, Internet, or other absentee bidding.
2. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot. (See note on estimates in paragraph 8.) Statements of condition may be provided herein. However, these statements are merely the opinion of Barridoff Galleries and may not be taken as statements of fact to substitute inspection of the painting by the buyer. Barridoff Galleries, however, will endeavor to answer to the fullest extent possible any reasonable question, subject to the disclaimers herein. An item may be described as an attribution, indicating that the authenticity of the item cannot be definitively determined (also see Old Masters in Note and Other Information, below).The auctioneer may make corrections and provide additional information as available at the time of sale.
3. Statements in the catalog and any other information provided by Barridoff Galleries and any of its employees are opinions; Barridoff Galleries and the consignors are not responsible for errors and omissions therein. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold "AS IS." Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any property or whether the buyer acquires any reproduction rights of the property.
4. Barridoff Galleries charges the buyer a premium to be added to the hammer price on each item purchased. This premium is equal to 22% of the hammer price up to and including $ 500,000.00, plus 17% of the hammer price over $ 500,000.00. The premium when bidding online is an additional 5%. A discount of 2% of the hammer price shall be given to any item paid for and removed from the premises of the auction by the buyer or buyer's representative on the day of the sale.
5. Upon the fall of the auctioneer's hammer, title to the item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. Buyer authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the sale, on buyer's behalf. All property must be paid for and removed from the premises of the auction by the buyer, at buyer's expense, on the day of sale unless other specific arrangements have been made with Barridoff Galleries. Barridoff Galleries is not responsible for any loss by the buyer as a result of the damage or theft of an article subsequent to purchase. Payment for each item purchased
must be made before the item is removed. Only cash, certified check or verified credit card will be acceptable unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction. If auction purchases are not paid for and removed from the premises within 5 business days after the sale, additional charges may apply.
6. If the buyer does not comply with any applicable conditions herein, Barridoff Galleries and the consignor shall have all of the following rights and remedies, in addition to their other remedies at law or in equity: the right a) to hold the buyer liable for the total purchase price plus interest of 1 1?2 % per month; b) to cancel the sale and retain as liquidated damages all payments made by the buyer; c) to resell the property, in which case the buyer shall be liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any property not timely removed; e) to exclude buyer and its affiliates from all future auctions; and f) to set off any amounts Barridoff or consignor owes the buyer. Buyer is responsible for the buyer's premium due Barridoff Galleries under paragraph 4 separate and apart from any other remedy listed in this paragraph. All buyers shall be deemed to have granted to Barridoff Galleries and its consignor as collateral for buyer's obligations hereunder a security interest in any property of the buyer in the possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party in Maine and the law of the location of the property. Barridoff Galleries shall have all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all of their costs, including reasonable attorney's fees, in enforcing their rights and remedies hereunder. Buyer waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property.
7. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the auction and must be supported by the written testimony of at least two recognized experts in the field with respect to the specific artist involved. Only if the disputed article is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to rescind the sale, which decision shall be at Barridoff Galleries' sole discretion, the original purchase price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries' or its consignor's liability exceed the purchase price of the item sold.
8. Estimates. The high and low estimate given for an item are solely a guideline based upon Barridoff Galleries' approximation as to the range within which an item may be sold for at auction. The reserve price below which an item may not be sold is never higher than the low estimate, and sometimes is far lower than the low estimate. An estimate is not a statement of value or selling price of an item and Barridoff Galleries makes no guarantee, representation, or agreement as to the value or selling price of an item more than the Galleries' opinion of the item's possible auction price.
9. All purchases are subject to Maine sales tax (5.5%) unless the buyer possesses a sales tax exemption number either from or acceptable to Maine Revenue Services and presents to Barridoff Galleries at or before the auction a valid signed certificate from the Services stating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable to the full purchase price as determined by the hammer price plus premium.
10. The descriptions used in this catalog may not be reproduced in any manner without the written authorization of Barridoff Galleries.
11. The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.
12. Unless agreed otherwise in writing between Barridoff Galleries and the buyer, these terms and conditions, whenever applicable, apply to all private sales, post auction sales and any other transaction between the parties not conducted at the auction sale.
NOTES AND OTHER INFORMATION ABBREVIATIONS
l.r l.l. l.c. u.l. u.r. b.r. m.r.
b. c.
Am. Br. Eur. Fr. Ger. It.
lower right lower left lower center upper left
upper right below right middle right
born circa
American British
European France
German Italian
SHIPPING
For the buyer's convenience, Barridoff Galleries has arranged for representatives of The UPS Store to be at the auction to ship any purchases directly from the premises or, as a free service to Barridoff clients, to help you pack to carry any purchase with you that day. All shipping and packaging for shipment charges are otherwise payable by the buyer. Barridoff Galleries assumes no responsibility of any kind for providing this service. Buyers should otherwise make arrangements to collect or ship purchases in a timely manner following the sale.
FRAMES
If a frame is thought to be original to the work of art or of some other particular interest thanks to its history or beauty, it may be illustrated; but the illustration is in no way to be considered a guarantee of same and nothing about the frame is included in any catalog entry.
OLD MASTERS
All works by Old Masters, including school, manner, and other related information including dates are now by policy offered as attributions because, in the opinion of Barridoff Galleries, there has been too little or no known opportunity for a consensus, extensive research, or singular expertise and/or because such opportunities often result in significant changes and varied opinions. However, all attributions are, in the opinion of Barridoff Galleries, appropriate as cataloged.
CONDITION REPORTS
Condition reports may be in the catalog and are available upon request. However, information provided by Barridoff Galleries pertaining to the condition of any auction lot is for the buyer to use or interpret as the buyer sees fit. A condition report is in no way a guarantee, nor should it be considered an expert opinion. All prints (etchings, lithographs, silkscreens, etc.), to the best of Barridoff Galleries' knowledge, have full margins unless otherwise noted. All lots should be examined by potential bidders. Because few lots are examined by Barridoff Galleries out of their frames, potential bidders should assume that condition reports only include areas that are clearly visible unless otherwise stated. Please also see "Conditions of Sale" on the inside front cover.
SIZE
The size of each item is measured height by width in inches and does not include the frame, unless otherwise noted. Sizes are approximate.
ONLINE CATALOGS, LIVE PHONE BIDDING, AND ONLINE BIDDING
Phone bids will be allowed on a limited first-come, first-served basis. Phone bidders must make arrangements in advance. Barridoff Galleries provides phones as a service for buyers who cannot attend the auction, but phones are not the perfect medium for bidding at an auction under any circumstances and cell phones, while useful, can be particularly difficult. Buyers should be mindful of these limitations if choosing to bid by phone. Bidding may also be available online in real time at barridoff.com, invaluable.com, and liveauctioneers.com. Buyers are advised to familiarize themselves with the rules and procedures provided thereon prior to bidding. All catalog entries are listed and all lots are illustrated several days after the catalogs themselves have been mailed to subscribers and several days before the auction. Barridoff Galleries also publishes its auction catalogs and any supplements to the catalog online at barridoff.com. Barridoff Galleries is not responsible for any difficulties, technical or otherwise, that may be experienced through bidding other than in person.
ADDITIONS AND ERRATA.
Additions consigned too late to be included in the bound copy of the catalog will be found on a continually updated separate sheet to the extent possible. All additions will be included on the final sheet available at the auction and will be sold sequentially at the end of the sale. Digital catalogs will be updated daily Lot numbers will correspond with the printed catalog and additions sheets. Errata will also be published in the updated sheet listing any corrections of inaccuracies or additional information concerning the original catalog.
PROVENANCE
Provenance is listed insofar as it is known or can and is allowed to be published by the owner.
OFFERS FOR PREVIOUS SALES
Barridoff Galleries accepts offers for pieces sold at former auctions at prices above the prior hammer price acceptable to participating buyers. If Barridoff Galleries receives and determines suitable a bona fide offer for the item, Barridoff Galleries will relay the offer to buyer for consideration and acceptance. If buyer accepts the offer, the standard conditions of sale apply to the transaction.
NEW FEATURES AT BARRIDOFF GALLERIES
There are several new features at Barridoff Galleries. The first feature is Barridoff Galleries is offering a discount on the buyer's premium equal to 2% of the hammer price for items paid for and removed from the auction premises the day of the auction. The second feature is that Barridoff Galleries now accepts credit cards. Buyers should speak to a Barridoff Galleries representative to make arrangements if paying by credit card.
AUCTIONEER
William J. Milliken. ME license number AUC1627.
Shipping
Shipping is the buyer's responsibility, so if you cannot come to the gallery we have an
arrangement with the UPS store in South Portland to provide shipping services and, as a
courtesy, we can deliver your purchased items to them. They will prepare an estimate for
your review and approval, or you can arrange shipping with another shipper of your choice.
Please note, we would need pre-authorization from you if you wish a third party to take the
item from the gallery.
The Contact information for the South Portland UPS Store #3352 is:
The UPS Store #3352
50 Market St
South Portland, ME 04106
Phone: (207) 767-1826
Fax: (207) 767-4379
Email: [email protected]
Maine State Sales Tax
The State of Maine requires all sales conducted within the state be subject to Maine's sales
tax, which is 5.5% of the hammer price plus buyer's premium. Even if property purchased
at an auction within the state is purchased by and shipped to a resident in another state,
Maine considers the sale to be conducted at the point the property is delivered to a shipper
paid by the buyer. As buyers are responsible for and must pay for shipping, we are
required to collect the sales tax under Maine law if the item is delivered to a shipper within
the state. This does not apply to resellers, below.
In order to be exempt from Maine sales tax, a reseller (gallery, broker, dealer) must provide
us with a valid state-issued resellers certificate. For out-of-state resellers, you must also
provide us with a properly executed Uniform Sales/Use Tax Certificate issued by the Multi
State Resale Commission. The link for this form may be found here:
http://www.mtc.gov/getattachment/Resources/Uniform-Sales-Use-Tax-ExemptionCertificate/Uniform-Sales-and-Use-Certificate-12018.pdf.aspx?lang=en-US
Condition
It is the responsibility of the buyer to assess condition prior to purchase. We provide basic condition reports and note obvious condition problems whenever possible but we advise artwork be viewed in person prior to purchase otherwise we advise one seek the outside assistance of a qualified professional for further assessment.
