Conditions of Sale
CONDITIONS OF SALE; WAIVERS OF WARRANTY; LIMITATIONS OF LIABILITY
Registering for and/or placing a bid at auction constitutes the acceptance of and agreement to these Conditions of Sale; WAIVERS OF WARRANTY; and LIMITATIONS OF LIABILITY (collectively, the "Conditions of Sale"). These Conditions of Sale are binding and enforceable on all bidders and buyers.
1. WARRANTY WAIVERS; LIABILITY LIMITATIONS. All lots are sold "AS IS, WHERE IS" - WITH ALL FAULTS
and WITH NO EXPRESS OR IMPLIED WARRANTIES. No statement or description regarding attribution, authenticity, authorship, character, condition, kind, period, provenance, value, size, or quality of a lot, whether made orally at the auction or at any other time, in electronic messages, online, in writing, or in a catalogue, website, correspondence, advertising, literature, or elsewhere, is or shall be construed to be a guarantee, an express or implied warranty, or assumption of liability, obligation, or responsibility. The bidder or buyer WAIVES any such warranty, WAIVES any warranty of fitness for ordinary use or for any intended use, and further WAIVES any warranty against redhibitory vices and defects, whether latent, hidden, or apparent, and whether imposed by the Louisiana Civil Code or any other applicable statute, law, jurisprudence, or legal authority. The
buyer further WAIVES any rights or remedies in redhibition to a return or reduction of the purchase price for any lot, including for any lot with any defect rendering the lot useless, inconvenient, or of diminished usefulness. All sales are final, without exception.
Each bidder and buyer agrees and acknowledges that: (a) the bidder or buyer is not relying on Neal Auction Company's actual, perceived, or expressed skill, expertise, experience, knowledge, or judgment in deciding to purchase any lot; (b) no oral, written, or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere regarding attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value is the cause of or reason behind the buyer's purchase of any lot; (c) the buyer would have purchased any lot regardless of any oral, written, or electronic statement or description about attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value, made in a catalogue, website, correspondence, advertising, literature, or elsewhere; (d) Neal Auction Company did not know, nor should it have known that attribution, authenticity, authorship, character, condition, kind, period, provenance, size, quality, or expressed value is the cause or reason why the buyer decides to purchase any lot; (e) the buyer's purchase of any lot is not intended to gratify a nonpecuniary interest; (f) Neal Auction Company did not know, nor should it have known, that any oral, written, or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere would
cause a pecuniary or nonpecuniary loss to any bidder or buyer; (g) the bidder or buyer has had the opportunity prior to bidding to make independent inspections of, and conduct due diligence on, all lots being offered; (h) there is no inspection or examination period after the auction bidding; (i) the bidder's or buyer's failure to be fully informed as to the attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value of a lot will not be grounds for any reduction of the purchase price or rescission of the sale; (j) Neal Auction Company shall not be liable, obligated, or responsible for the presence of lead-based paint or any other environmental or other hazard of any lot; (k) Neal Auction Company shall not be liable, obligated, or responsible to the buyer as to third parties who may claims rights to or interests in any lot; (l) the buyer is buying at the buyer's sole risk and peril; (m) Neal Auction Company shall not be liable, obligated, or responsible for any errors or omissions in any oral, written or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere. Each bidder and buyer WAIVES and RELEASES any and all claims arising out of the matters expressed above. All such waivers, releases, and limitations of liability shall apply to Neal Auction Company and its owners, officers, directors, representatives, insurers, agents, and employees.
2. Fine Art. Subject to the foregoing Conditions of Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, with respect to authorship of works of fine art, the following phrases have the following meanings: ARTIST - In our qualified opinion, we believe the work is by the artist named.
Attributed to ARTIST - In our qualified opinion, we believe the work may be ascribed to the artist named
on the basis of style and period, but our opinion is less certain than in the previous category.
Signed "ARTIST" - In our qualified opinion, the signature, monogram, or other indication of authorship is
a signature of the artist.
School of ARTIST - In our qualified opinion, the work is of the period of the artist named, by a student or a
follower of the artist, but not by the artist.
Manner of ARTIST - In our qualified opinion, although the work is in the style of the artist named, it is
actually of a later period.
After ARTIST - In our qualified opinion, the work is a copy of a known work of the artist named.
Bears signature "ARTIST" - In our qualified opinion, although the work bears the signature or monogram
of the artist, the work most likely is not that of the artist.
3. Discretionary Rescission. Notwithstanding the foregoing Conditions of Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, Neal Auction Company may in its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale of a work of fine art on the basis of authenticity of authorship only under the following terms, conditions, and LIMITATIONS OF LIABILITY, all of which apply, and the buyer WAIVES and RELEASES any other rights, relief or remedies:
Neal Auction Company shall not grant rescission of any lot identified by the terms "attributed to," "signed," "school of," "manner of," "after," or "bears signature."
Neal Auction Company shall not grant rescission of any lot unless the buyer notifies Neal Auction Company in writing within 25 calendar days from the date of the auction and returns the lot to Neal Auction Company in the same condition that the lot was in at the time of sale. Neal Auction Company shall not grant rescission regarding any lot unless the buyer presents to Neal Auction Company a written document signed by a recognized art expert acceptable to Neal Auction
Company that the lot in question is a forgery.
Neal Auction Company shall not grant rescission to any person (including but not limited to the original buyer's heirs, legatees, assigns, transferees, or subsequent purchasers) other than the original buyer, and any rights or interests of the original buyer are not transferrable, inheritable, or assignable.
Neal Auction Company shall not grant rescission when: (a) there is a conflict of expert opinion as to the authorship; (b) expert opinion supported authorship at the time of auction, although expert opinion may have changed afterward; and (c) scientific or other tests, examinations, investigations, research, or processes that were unavailable, expensive, or impractical at the time of the auction have revealed since that time that the author, character, condition, kind, provenance, period, quality, or value Neal Auction Company believed to be accurate at the time of sale was inaccurate.
In any dispute between Neal Auction Company and the bidder or buyer regarding authorship of a work of fine art, rescission of the sale and refund of the purchase price paid shall be the buyer's sole recourse or remedy, if any is available. Neal Auction Company (and its owners, officers, directors, representatives, agents, insurers, and employees) shall not be liable, obligated, or responsible for any damages (including compensatory, general, incidental, consequential, exemplary, or special damages), non-pecuniary losses, costs, expenses, injury, mental anguish, lost profits, attorneys' fees, or any other monetary, declaratory, equitable, or injunctive relief or remedy. The buyer WAIVES and RELEASES any and all such damages, relief, and remedies.
AUCTION BIDDING AND SALE
1. The auctioneer shall have absolute discretion in determining the highest and best bid on each lot. The auctioneer may decide that any original bid is not commensurate with the value of the lot offered, or that any advance thereafter is not of sufficient amount, and the auctioneer may reject or refuse to recognize that bid or advance.
2. At the fall of the auctioneer's hammer, the bidder acknowledged by the auctioneer, whether in person
or absentee, thereupon assumes the obligation to pay for the offered lot, and shall pay the full purchase price for the lot, which shall include the hammer price, plus the buyer's premium, and all applicable taxes, charges, and costs.
3. Title to the offered lot shall pass to the bidder acknowledged by the auctioneer upon payment of the full purchase price for the lot, which shall include the hammer price, plus the buyer's premium, and all applicable taxes, charges, and costs. The buyer thereupon assumes full risk, obligation, and responsibility for the lot.
4. At any time before the sale of a lot, Neal Auction Company reserves the right to withdraw the lot or any part of the lot, to combine lots, or to separate items within a lot.
5. No lots will be released before the end of the auction.
6. If the buyer fails to comply with any of these Conditions of Sale, Neal Auction Company reserves the right to (a) hold such defaulting buyer liable, obligated, and responsible for the total amount due and to commence legal proceedings to recover the entire amount along with interest, reasonable attorneys' fees, expenses, and costs; (b) charge outstanding amounts to the buyer's credit card; (c) apply any payments to outstanding amounts chosen by Neal Auction Company notwithstanding the instructions of the buyer; (d) cancel the sale, retaining as liquidated damages any payment made by the buyer; (e) resell the lot without reserve at public auction, online-only auction, or privately on seven calendar days' notice to the buyer; (f) enforce specific performance of the sale; (g) require a deposit in future auctions; (h) exclude the buyer from future auctions or bidding on particular lots; (i) exercise the rights and remedies of a person holding security and/or privilege over property in Neal Auction Company's possession, whether by pledge, security interest or any other mechanism, to the full extent allowed under Louisiana law, and Neal Auction Company may hold the property of the buyer as collateral security for the buyer's obligations; (j) and/or take such other actions allowed by law in Neal Auction Company's sole discretion. If Neal Auction Company resells the lot, the defaulting buyer shall be liable, obligated, and responsible for the payment of any deficiency in the purchase price and any damages, including but not limited to all costs and expenses of both sales, such as, by way of example only, storage, handling, insurance, repairs, illustrations, consultations, examinations, moving, shipping, promotions, advertising, reasonable attorneys' fees, commissions, and incidental damages.
7. Virtually all lots offered have been subject to use over a considerable period of time. No mention of cracks, scratches, chips, tears, breaks, weaknesses, or any damages or wear will be included in oral, written, or electronic statements or descriptions in the catalogue, website, correspondence, advertising, or literature. Condition reports may be provided upon request, but condition reports may not mention all cracks, scratches, chips, defects, hazards, tears, breaks, weaknesses, or other damages or wear. Neal Auction Company makes no representations or warranties as to the accuracy or completeness of any information or description in a condition report or elsewhere, whether oral, written, electronic, or online. Neal Auction Company reserves the right to decline to provide a condition report for any specific lot, at its sole discretion.
8. Neither high nor low estimates in a catalogue, website, advertising, correspondence, literature, or elsewhere should be relied on as a representation, prediction, appraisal, guarantee, or warranty that a particular lot will sell for a particular price or that a particular lot has a particular value.
9. Neal Auction Company has absolute discretion to admit a bidder to the auction premises, to expel a bidder from the auction premises, or to refuse a bidder from participating in the auction.
10. Neal Auction Company and its auctioneers shall not be liable, obligated, or responsible for failure to recognize or execute any bids for any reason whatsoever, or for no reason. Bidders and buyers WAIVE and RELEASE any rights to damages, and equitable, declaratory, and injunctive relief arising out of the failure or
rejection of any bid, or any errors or omissions relating to the bidding process.
11. Interfering with the auction in any way is prohibited.
12. Bid rigging is strictly prohibited. Any agreement, understanding, or arrangement not to bid against another or otherwise to dampen the bidding is unlawful. The auctioneer reserves the right to bid on behalf of the consignor for the protection of the consignor if this illegal activity by two or more bidders is detected,
disclosed, alleged, or suspected.
13. Canvassing or solicitating on the auction premises is prohibited.
14. The auctioneer has the sole discretion as to the increments of bidding, the recognition of any bid, the acceptance of the final bid, and resolving any disputes among bidders.
15. Neal Auction Company represents the consignors only and is not acting as agent or representative of bidders or buyers. The payment of the buyer's premium by the buyer does not indicate a dual agency relationship. Neal Auction Company is to be paid a fee or commission by the consignor pursuant to a separate written agreement between the consignor and Neal Auction Company. The consignor is the seller of the lot sold. Neal Auction Company is the consignment agent or representative, not the seller.
16. The successful bidder is obligated to pay the purchase price in full unless Neal Auction Company has consented in writing at the time of the bidder's registration that the bidder is acting as an agent on behalf of an identified person and that said principal is obligated to pay the purchase price in full. Neal Auction Company reserves the right to require an advance deposit for such bids.
17. Prior to placing any bid, all bidders must complete a standard Neal Auction Company Registration Form in use at the time of the auction.
18. Dealers must provide Neal Auction Company with proper documentation prior to bidding.
19. First time bidders are required to produce a valid state-issued identification card or passport.
20. Bids are required to be made in U.S. dollars.
21. Neal Auction Company may require a bidder or buyer at any time to produce financial, banking, or trade
references and information.
22. All bidders are required to provide credit card information (such as but not limited to the type of card, card number, name as it appears on the card, billing zip code, expiration date, and security code).
23. All bidders are required to select, and notify Neal Auction Company of, a method of payment (cash, check, wire, or credit card) in writing at the time of registration.
24. Neal Auction Company reserves the right to describe or to make photographic, video, or audio recordings of the auction, or any part thereof, and to publish such descriptions, photographs and/or recordings.
PLEASE VISIT NEALAUCTION.COM TO REQUEST AND VIEW CONDITION REPORTS, REGISTER TO BID LIVE ONLINE, AND SUBMIT ABSENTEE/TELEPHONE BIDS
25. Lots may be offered subject to a reserve, which is the confidential minimum hammer price below which the lot will not be sold, for the protection of the consignor. Such reserve will not exceed the low estimate for the lot. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor, auctioneer, or an absentee bidder that is below the reserve. The auctioneer may continue to bid on behalf of the consignor, auctioneer, or absentee bidder up to the amount of the reserve, by placing consecutive bids or by bidding in response to other bidders. Neal Auction Company may sell a lot at a hammer price below the reserve at its discretion, subject to its agreement with the consignor.
ABSENTEE/TELEPHONE/ONLINE BIDS
1. All absentee bids and/or telephone bids must be received by Neal Auction Company by 24 hours Central Time prior to the auction start time.
2. All arrangements for bidding should be made as early as possible. Telephone bidding will be taken at the discretion of Neal Auction Company. Each lot must have a minimum low estimate of $500 for telephone bidding. Absentee bids are accepted for any lots regardless of estimate, at the discretion of Neal Auction Company.
3. Neal Auction Company intends to endeavor to protect the confidentiality of absentee/telephone bids. In the event that the identity of absentee/telephone bidders or buyers or of the amounts of absentee/telephone bids is disclosed, Neal Auction Company shall not be liable, obligated, or responsible for such disclosure, and each bidder and buyer WAIVES and RELEASES Neal Auction Company (and its owners, officers, directors, representatives, insurers, agents, and employees) from any claims arising out of such disclosure.
4. Neal Auction Company reserves the right, in its sole discretion, to require that any advance bids be accompanied by a security deposit.
5. Neal Auction Company shall not be liable, obligated, or responsible for any failure, design flaw, error, act, omission, or negligence of third party sites or their agents. Bidders WAIVE and RELEASE any rights to damages and equitable, declaratory, and injunctive relief and remedies arising therefrom.
6. Prior to placing any absentee, telephone, or online bid, all bidders are required to complete the registration form.
Condition Reports
It is the responsibility of the prospective buyer to inquire as to the condition of a specific lot PRIOR to bidding. Condition WILL NOT be given over the phone under any circumstances. All potential buyers should be sure they have read and agree to the Conditions of Sale. All items sold AS IS. NO RETURNS ARE ACCEPTED ON THE BASIS OF CONDITION. ALL SALES ARE FINAL SALES. Bid Accordingly.
Payment
No cash discount is available for Invaluable and Live Auctioneers.
WE DO NOT ACCEPT PAYPAL.
We reserve the right to require payment in full of the sales price at the moment of the successful bid.
* Payments for ALL jewelry and ALL couture including bags purchases must be made by cash, check or wire transfer. *
For payments made by check, merchandise will not be released until 10 days after payment is received when the check clears.
Shipping
Neal Auction Company, Inc. does not ship or pack any items sold or offered at auction, no exceptions. We cannot estimate shipping costs. We will assist buyers in making shipping arrangements by furnishing information on packers and shippers. Handling of purchased lots by us is at the risk of the purchaser. Final arrangements and agreements are strictly between the buyer and the shipper. Neal Auction is not responsible for the buyer's choice of a shipper or to any occurrences during shipping.
All purchases must be paid in full prior to their release. Neal Auction will not sign shipping bill of lading forms.
Visit https://www.nealauction.com/buying-selling/how-to-ship/ for a list of shippers.
** ALL ITEMS ARE PURCHASED 'AS IS' AND 'WHERE IS' WITHOUT WARRANTY. ALL ITEMS MUST BE PAID IN FULL AND CHECKS CLEARED BEFORE RELEASE. **I
Taxes
In accordance with the Economic Nexus Laws effective with the 2018 U.S. Supreme Court decision South Dakota v. Wayfair, Inc., Neal Auction Company, and all other businesses, are required by law to charge applicable sales tax on any items purchased that are in states that meet economic nexus for that merchant. To be exempt from applicable state/city sales tax, clients must provide a valid retail resale tax certificate in the name of the purchaser. Please note that if you pay your invoice through the Invaluable payment system, you will be charged sales tax by your zip code unless exempt by law and the appropriate certificate has been loaded to your online account for review.
