Conditions of Sale
Conditions of Sale
BID PRICE: Each buyer must register with and be approved to bid in our upcoming auction. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer's premium of 21% on the bid price of any lot that sells for up to $150,000, for the amount above $150,000 through $ 1 million 15%, for the amount over $ 1 million 10% (for those who bid through the internet, there is a surcharge of 3%) , plus 3) sales tax unless the purchaser is exempt by law from such taxes.
ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
PAYMENT AND PICKUP: The balance of the invoice must be paid in full and merchandise picked up within three days of the date of sale. One week after the auction, left items may be moved to an off-site facility for pickup. A storage fee will be charged if merchandise is left longer than two weeks of $10.00 per lot per day. If the property is left longer than 3 ½ (three and one-half) weeks, it will be considered abandoned. We are not responsible for shipping, but if packing and handling of purchased lots is done by us, it is done at the entire risk of purchaser. A refundable deposit may be required.
Internet purchases are not available for pickup till the following day.
ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11am on the first weekday following the sale to find out if they were successful.
NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.
RISK OF LOSS: In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY; ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.
RIGHT OF RECISSION: Notwithstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, rarity, importance, provenance,exhibition and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
PAYMENT: Cash, cashier's check, wire transfer, personal check (items may be held until the check clears), and ATM, MasterCard, Discover & VISA accepted, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to re cover its reasonable attorney's fees and costs. Time is of the essence.
DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST?
PLEASE SEE THE CATALOG DESCRIPTION/ All authorship of items in this catalog are described according to the following terms:
•By Maurice Braun: In our judgment, the work is by the artist.
•Attributed to Maurice Braun: In our judgment, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
•In the manner of Maurice Braun: In our judgment, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
•After Maurice Braun: In our judgment, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
•American, 19th century: In our judgment, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
•Bears signature: In our judgment, the signature on the artwork may be spurious.
Condition:
We may include a brief note on condition within the catalog description. We do this when the condition problem is serious enough to affect the estimate of the artwork. This does not constitute a complete condition report, nor should it be assumed that artworks cataloged without mention of condition are in perfect condition.
Condition
Payment
We accept the following methods of payment:
Cash
Personal Check
Wire Transfer
Visa
MasterCard
Discover Card
PayPay
WePay via Invaluable
We do not accept international credit cards over the phone. International buyers wishing to pay with a credit card must use PayPal, WePay via Invaluable, or wire transfer.
Shipping Information
Shipping Information
We do not have in-house shipping or packing facilities. Shipping is at buyer's cost. If a sale results in a canceled sale, we do not refund shipping or return shipping costs.. Please contact one of the shippers listed below, or a shipper of your choice, for a shipping quote prior to bidding. They will need the lot number, short description, approximate selling price and your shipping address. They will pick up, pack and ship your items to you.
The following packers, shippers and movers have been used by other Clars Auction Gallery customers:
Packers and Shipper
PakMail (415) 472-2533 us148@pakmail.org
The Packaging Store (510) 420-1171 packstore512@comcast.net
Plycon Vanlines (310) 419-1200
Local Transport (some will also do longer distances)
Enclosures (415) 826-3640
Plycon Vanlines (310) 419-1200
Delbert McCrea (831) 566-6088, delmccrea@gmail.com (Blanket Wrap)
Cross Country Transport
Vintage Transport (888) 882-4442
Craters and Freighters (650) 583-8555 bayarea@cratersandfreighters.com
Wintersteen Trucking Inc. (800) 274-0311
Platinum Global Logistics: 866.341-6648, csr.pgl@gmail.com, www.platinumgloballogistics.com/Get_a_Quote.html
Piano Movers
AA Piano Movers (510) 533-4900
A1 Piano Movers (510) 783-8031
JB Piano Company (415) 456-9280
South Bay Piano Movers (408) 943-8506.
Platinum Global Logistics: 866.341-6648
Fine Art Transport
US Art Company (800) 872-7826
Ship Art International (650) 952-0100 vanessa@shipart.com
Atthowe Fine Art Services (510) 654-6816 ann@atthowe.com
Plycon Vanlines (310) 419-1200
http://www.plycongroup.com/freequote.php
Platinum Global Logistics: 866.341-6648
Automobile Transport
Autodriveaway (510) 782-4999, (800) 783-0119
PLYCAR (631)-269-7000
CA Sales Tax
If you are a resident of CA a 9.5% sales tax will be added to the hammer price plus buyer's premium. You must provide the gallery with a valid CA resale certificate to waive CA sales tax.
Out of state residents are not subject to CA sales tax. If you live out of state your purchases must be picked up and shipped by a licensed and bonded shipper in order to waive CA sales tax.
