Conditions of Sale
The following Terms and Conditions of Sale are the Lusher Fine Art & Auction Services L.L.C. (hereafter LFA) and LFA agents' and consignors' entire agreement with the prospective bidders, bidders and buyers (hereafter Bidder or Bidders and Buyer or Buyers) relative to the lots listed in this catalogue. The lots will be offered by LFA as agent for the consignors, unless the catalogue indicates otherwise.
All property is sold "AS IS". All sales are final. No guarantees, warranties, refunds or exchanges (except at LFA's discretion). All condition issues must be raised within 7 days of receipt of the item in writing to LFA. At their discretion, LFA will make a judgment based on information pertaining to claim. Every effort has been made to catalog all items accurately, but LFA does not guarantee the correctness of the descriptions, approximate ages, materials, tribal designations, amount of repair or restoration, usage conditions or defects. LFA strongly recommends close review of pictures and/or in person inspection of items.
A buyer premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. If paying by cash, check or credit card, the purchase price will be the sum of the final bid price plus a buyer's premium calculated off the final bid price of each lot, plus any applicable sales tax, shipping and handling charges. A 3% convenience fee will apply to all credit card purchases. Your credit card may be charged automatically two days after the auction. Buyers on third party platforms will be subject to a surcharge by those platforms, and also agree to pay all additional fees or surcharges imposed by those platforms for payment methods, processing, registration or otherwise.
Unless exempted by law, the Buyer will be required to pay all applicable state and local sales, gross receipts, and compensation tax. Proof of exemption in the form of a current Non-Taxable transaction Certificate must be provided at registration.
Title shall not pass to Buyer until payment is cleared and lot is removed from premises.
Export/Import & Regulatory Responsibility. Lots comprising or incorporating firearms or materials from endangered or protected species may be subject to domestic or international import/export restrictions and/or confiscation by governmental authorities. By placing a bid, the Bidder acknowledges awareness of such restrictions, accepts full responsibility for verifying legality, obtaining any required licenses, permits or approvals, and for all associated costs or delays. LFA makes no guarantee that shipment, importation or possession will be lawful in any given jurisdiction. Buyer agrees to indemnify and hold LFA harmless from any claims, penalties, costs, or losses arising from Buyer's failure to comply with applicable import/export laws or possession restrictions. The inability to secure such authorization shall not invalidate the sale or relieve the Buyer's obligation to pay.
Any such in-house or third-party shipping requires completion of a shipping release form by the Buyer. LFA shall not be liable for any loss or damage that occurs by the shipper. LFA may, at its discretion, offer in-house packing and shipping on certain eligible lots. For items picked up locally, the Buyer or authorized representative as indicated on shipping release form must present valid government-issued photo ID to collect the lot.
LFA reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal.
Except as may be announced by the auctioneer, all bids are per lot, as numbered in the catalogue.
LFA reserves the right to reject any bid. The highest Bidder acknowledged by the auctioneer will be the Buyer, subject to reserves. In the event of any dispute between Bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion to determine the successful Bidder, cancel the sale, or reoffer and resell the lot in dispute. If any dispute arises after the sale, LFA's sale record shall be final and conclusive. LFA, in its discretion, may execute orders or absentee bids as a convenience to clients who are not present at the auction; however, LFA is not responsible for any errors or omissions in connection therewith.
LFA will use reasonable efforts to execute telephone and absentee bids on behalf of Registered Bidders as a courtesy service. This service is provided subject to availability, and LFA shall not be liable for any failure, error or omission in the execution of such bids.
If the auctioneer, in his or her discretion, determines that any bid is below the reserve of the lot, he or she may reject the same and withdraw the lot from sale and if having acknowledged an opening or other bid, the auctioneer decides that any advance thereafter is insufficient, he or she may reject the advance.
On the fall of the auctioneer's gavel, the highest Bidder acknowledged by the auctioneer assumes full risk and responsibility for the offered lot, subject to all of the Terms and Conditions of Sale set forth herein, and is immediately obligated to pay the full purchase price. All sales are final and there shall be no exchanges or returns. Payment shall be made by cash, check, wire transfer or credit card (credit card and possible wire transfer fees apply).
These Terms and Conditions of Sale, together with the parties' respective rights and obligations hereunder, shall be governed and construed and enforced in accordance with the laws of the State of New Mexico, without regard to New Mexico's rules concerning conflicts of laws.
LFA's right to terminate Purchase. If for any reason LFA is unable to complete the sale of any purchase to Buyer or provide such purchase free and clear of liens, even if the Buyer was given notice that he is the high Bidder and purchaser, Buyer agrees that LFA may terminate the purchase/agreement, in which case LFA's only liability shall be the return of any monies actually paid by Buyer.
LFA nor the Buyer shall be liable for any failure or delay in performing obligations under these Terms & Conditions (including the conduct or completion of a sale) that is caused by or results from events beyond the reasonable control of the affected party ("Force Majeure Event"), including but not limited to acts of God, fire, flood, storm, epidemic or pandemic, government regulation or order, national or local emergency, labor shortage, or technology failure.
These Terms & Conditions are effective as of January 1, 2025, and apply to all lots in this catalogue. By registering and bidding, each Bidder acknowledges they have read, understood and agree to be bound by these Terms & Conditions.
Shipping Terms
Any such in-house or third-party shipping requires completion of a shipping release form by the Buyer. LFA shall not be liable for any loss or damage that occurs by the shipper. LFA may, at its discretion, offer in-house packing and shipping on certain eligible lots. For items picked up locally, the Buyer or authorized representative as indicated on shipping release form must present valid government-issued photo ID to collect the lot.
