Terms & Conditions
Buying at Auction
BIDDING WITH CAIN AUCTIONS/CAIN MODERN AUCTIONS
Bidding at auction is easy. You may bid on items, also know as lots.
You may bid live online by registering with Live Auctioneers. Once you have registered with Live Auctioneers you will be able to bid on a lot as though you were at the sale in person. On the day and time of the auction, log on to liveauctioneers.com and place your bid(s) live as the lot(s) appear on your screen.
To bid online and for details on how to bid online go to Live Auctioneers website
IMPORTANT NOTES ON BUYING AT AUCTION
All bidders are required to read and acknowledge the auction terms and conditions of the auction.
Lot condition reports may be obtained by completing or e-mailing a Condition Request Form.
Payment & Shipping: Cain Auctions/Cain Modern Auctions will furnish you with an invoice at the end of the auction through the Live Auctioneers platform, there is a 3% convenience fee added to the payments that are processed through the Live Auctioneers payment platform.
Terms Of Sale
All items in our Unreserved Auctions are As-Is, Where-Is.
Each lot in this catalogue is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any employee of Cain Auctions is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid.
Upon the fall of the auctioneer's hammer, the successful bidder becomes the buyer and owner of the property and is responsible for the property, the amount of the successful bid, the buyer's premium, applicable taxes, and other charges provided for in the Terms of Sale in U.S. Dollars, payable immediately.
Cain Auctions/Cain Modern Auctions retains all rights to photographs and other intellectual property contained in this catalogue.
2. Auctioneer's Determination Final
A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments.
3. Buyer's Premium, Purchase Price, Taxes, and Billing
For purchases made in the room or by phone or by absentee bid and paid for by check, cash, money order or wire transfer: A buyer's premium will be applied to the hammer price of each lot equal to 25%.
For purchases made either in the room or by phone or by absentee bid and paid for by Visa, MasterCard, Discover or PayPal: A 3% surcharge will be added to the total of the hammer price plus buyer's premium, as above.
For purchases made through any online bidding platform, regardless of means of payment: A buyer's premium will be applied to the hammer price of each lot equal to 25% plus 3 percent convenience fee for all payments.
Taxes: If you are shipping to a California address or if you pick up the lots you have won at our Los Angeles location, you must pay the State's 9.5% sales tax. The only exception is for those who hold a valid resale license and file the completed California State Sales Tax Form, No California sales tax is charged for purchases shipped out of state.
Billing: All successful bidders will be sent invoices by e-mail or mail (if we do not have an email address on file) within the two business days that follow the auction.
4. Methods of Payment and Fees
Check. Wire Transfers. Visa. MasterCard. Discover or American Express. (NOTE: A 3% surcharge will be added to purchases made either in the room or by phone or by absentee bid and then paid for by Visa, MasterCard, Discover or American Express address.
If you send a check, check needs to be made to CAIN MODERN LLC and sent to:
6043 S Garth Ave, Los Angeles, CA 90056, call or email us with any questions or for wire transfer information.
All payments are due immediately upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared.
If payment is not received within 3 days, the card on file will be automatically charged the full amount owed.
5. Payment, Collection, and Shipping Responsibilities of Buyer
Buyer Obligations: On the fall of the auctioneer's hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the Property. The buyer immediately assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium, applicable taxes, and any other associated expenses.
Collection of Property and Storage Charges: The buyer will pay for the purchased Property immediately and remove it from the premises of the Auction House within fifteen (15) days of the sale. We are not responsible for any damage or loss on property purchased but not removed from premises. If the purchased Property is not removed within fifteen (15) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released.
Those who choose to pick up their property from the Auction House following the sale must call 24 hours in advance to arrange pick-up. Regular hours for pick up are Monday through Friday, from 1:30pm p.m. to 3:30 p.m. Please bring your own packing materials. The Auction House is closed on Federal holidays. Weekend pick-ups are made by special arrangement and/or by appointment only. Note: California sales tax of 9.5% must be added to your invoice when picking up merchandise unless you have a valid resale number on file.
If the items are not picked up after 30 days or storage fees are not paid the items will be forfeited and payments will not be refunded.
The buyer is responsible for the shipment of all purchased property. We will work with any shipper of your choosing. If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another's care. We will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this.
As a convenience to the buyer, the Auction House will, if requested, give your property to a third party shipper. This company will pack and ship or arrange shipment for you via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by credit card. Shipments are made within a few days after payment has been received.
All international customs, duties, and other tariffs are the responsibility of the Buyer. The Auction House and all third party shippers will declare the selling price as the value in all cases.
Buyer Pays Shipping Cost and the items need to be removed no later than 15 days after the auction closes otherwise storage fees will be charged at $10 per day unless you make specific arrangements by calling Cain Auctions/Cain Modern Auctions at 310-652-6045
We do no pack or ship any items, please contact us at 310-652-6045 to receive the list of approved shippers.
If the items are not removed after 30 days from auction, the property will be deemed abandoned, any payments made will not be refunded and Cain Modern Auctions can re-enlist the item for sale again.
6. Buyer Default
Remedies: If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by the Auction House. The buyer shall be liable to the Auction House and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to the Auction House by law, the Auction House may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to the Auction House and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys? fees, collection fees and expenses, late charges, and other damages. The Auction House may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in the Auction House's possession to reduce or satisfy the buyer's obligations.
Security Interest: As security for full payment to the Auction House and the consignor of all amounts due, the buyer grants the Auction House the right to retain a security interest in the Property purchased at auction and in any other property or money of buyer in the Auction House's possession or coming the Auction House's possession (collectively, ?collateral?). The Auction House shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Property is physically delivered to the buyer or the buyer's agent.
7. Warranties and Guarantees
All items are served As-Is, Where-Is, except as expressly stated otherwise in the following paragraph:
All information in the catalogue concerning authenticity is guaranteed for a period of fifteen (15) days from the date of sale. In that time, prior to payment to the consignor of the work, the Auction House will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, pre-approved by the Auction House and the purchaser, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this fifteen (15) day time frame. Should the buyer not do so, or should the buyer request the auction house to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the fifteen (15) day warranty shall still apply. If the Auction House has paid the consignor the amounts due consignor as a result of the sale, the Auction House will (i) refund to the buyer the amount of the buyer's premium and applicable taxes received from the buyer, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, the Auction House will furnish buyer the name and address of the consignor, and assign to buyer all of the Auction House's rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, the Auction House will have no further liability to buyer or responsibility to pursue the buyer's claim. The Auction House will extend reasonable cooperation to buyer, provided that such cooperation does not require out-of-pocket expenditures by the Auction House. This limited right of rescission is available only to the original buyer and may not be relied upon by any heir, agent, transferee, assign, or other third party or assigned to any subsequent transferee of the Property which gives rise to the claim.
This Warranty does not cover any description that states there is a conflict of specialist opinion; any description that states (or is bracketed in a section described as) ?as-is? or ?not guaranteed?, "in the style of" "attributed to", or "after"
This Warranty does not cover any typographical errors. This Warranty does not cover wear on furniture. This Warranty does not cover flakes, surface scratches, or manufacturing flaws in glass or ceramics or items listed as "need to be refinished, reupholstered or refurbished.
The description of clocks and lighting devices, whether in catalogues or condition reports, may be incomplete and not identify every mechanical replacement, repair, or defect. The absence of reference to the condition of a clock or lighting device does not imply it to be in working condition or without defects, repairs, restorations, or replacement parts.
The description of jewelry, whether in catalogues, condition reports, or any other form, is rendered as opinion, including, but not limited to, specialist opinion as to authenticity, the enhancement or treatment of gemstones, the weight of gemstones, the country of origin, the authorship or origin (manufacture) of an item, its period (or c.) or the authenticity of its marks.
No warranty is made that any watch is in working condition or without defects, restorations, or working parts.
Buyers are advised to check watch works prior to auction.
All measurements are approximate.
This disclaimer of liability on our part applies whether the information is included in the catalogue, advertisements, announcements, or communicated through our representatives, bills of sale, or elsewhere, and whether written or oral.
No Warranty of Reproduction: Neither the consignor nor we make any warranty or representation, express or implied, as to whether a buyer will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.
The Cain Auctions/Cain Modern auctions makes no warranties, express or implied, as to the merchantability or fitness for purpose except as otherwise expressly stated in these Terms of Sale.
8. Qualifying to Bid
As a security measure for our consignors and our company, all bidders must establish credit. You will be asked to furnish identification and a valid credit card number, credit references and/or (for absentee, phone and online bidders) an initial deposit in the form of a pre-authorization hold equal to 10% of the low estimate of the total number of lots on which you are bidding. First time and international buyers bidding on Asian lots with a total low estimate of $5,000 or greater will be asked to a) furnish an initial deposit in the form of a pre-authorization hold equal to 30% and b) grant the Auction House the right to charge your credit card 30% of the selling price on the day of sale. If you are acting as another's agent or principal, we may request a letter of authorization. If you are successful and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these terms of sale. If you have any questions, contact Marco A Calderon Leon at 310-652-6045.
Bidding Numbers: All bidders must register and receive a bidding number from Cain Auctions prior to bidding at the auction.
10. Absentee Bids (only online bidding at this time)
?Plus? bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the auction house wins in the event of a tie, a later bid with an added ?plus? bid to the next increment would win the piece.
Absentee bids left with third party online bidding platforms are sent to the auction house as the lot comes up for auction and not before. There is no time advantage to absentee bids left with third party online bidding platforms.
All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale.
Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. If you place absentee bids with the Auction House, then choose to attend in person, bid by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction.
11. Internet Bids
The Auction House has also engaged the services of third party online bidding platforms Live Auctioneers. Please proceed to these sites for all necessary information on how to bid and buy online using this system. The user of Live Auctioneers indemnifies and holds the Auction House and its consignors harmless against any claim arising out of or resulting from your use of Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Auction House and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site.
If you place absentee bids with the Auction House and/or a third party site and also bid in person, by phone or any other means, it is solely your responsibility to cancel these absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the property's purchase.
Absentee bids left with third party online bidding platforms are released to the Auction House when a lot comes up for sale. The Auction House cannot distinguish these from bids made in real time. They have no timed advantage.
12. Condition Reports
Condition reports are rendered as specialist opinion by the staff of the Auction House and/or independent consultants and not as statements of fact. We do not guarantee the content of written or verbal condition reports.
Up-to-date condition reports can be provided by phone 310-652-6045 Our specialists will respond to requests as quickly as possible. Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Cain Auctions is not liable or responsible for any errors or failure to do so.
A reserve is the confidential minimum price established by the Auction House and the consignor. The reserve will never exceed the low estimate of the lot. The Auction House prohibits consignors from bidding on their own property, but may implement the reserve by bidding on behalf of the consignor at the auction up to the reserve.
The estimates provided in this catalogue are our opinion of the price that a willing buyer would pay for the property at auction, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.
15. Withdrawal of Property from Sale
The Auction House reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal.
16. Rescission by Buyer
All items are sold As-Is, Where-Is, except as expressly stated otherwise in Paragraph 7. Buyer acknowledges and expressly agrees that the provision of this Paragraph state the sole and exclusive remedy available to a buyer in the event of non-conformity in Property purchased. The buyer understands and agrees that the exclusive remedy for any breach of the warranty shall be a rescission of the sale and a refund of the original purchase price (bid plus buyer's premium), as well as any applicable taxes paid. Neither the Auction House nor its Consignor shall be liable for damages beyond the remedy expressly provided for herein, such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise.
17. Rescission by the Auction House
In the event the Auction House receives notice of an adverse claim with respect to purchased Property, the Auction House shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the buyer, upon written notice to the buyer. Upon such notice, the buyer will promptly return the purchased property to the Auction House's premises in the same condition as when purchased.
The Auction House will then promptly refund the purchase price, including the buyer's premium and applicable taxes paid. Buyer will have no further recourse against the Auction House or the consignor, and the Auction House and the consignor shall not be liable for any damages of any nature suffered by the buyer.
18. Governing Law and Forum for Disputes
The laws of California shall govern the auctions of the Auction House. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with New Jersey law. Anyone who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of California with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that the Auction House needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it the Auction House shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit.
19. Limitations of Liability
The Auction House acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor.
20. Severability and Waiver
If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.
21. No Assignment
Unless the Auction House consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sale by the Auction House.
22. No Modifications
These Terms of Sale may not be changed unless the Auction House and buyer have agreed to do so in a written agreement signed by both parties.
23. Export or Import - Endangered/Threatened/Prohibited Species
The State of California prohibits the import, sale, purchase, barter, or possession with intent to sell of any ivory, ivory product, rhinoceros horn, or rhinoceros horn product with exceptions that are irrelevant to commercial sale. As used in this act ?Ivory? means tooth or tusk from any animal, including, but not limited to an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product. As concerns worked products made of species legal to sell under current Federal guidelines, it is the sole responsibility of buyers to familiarize themselves with International and U.S. state laws or requirements for import and export; to identify and obtain any necessary export, import, endangered species or other permit prior to bidding; and to abide by International and U.S. laws and requirements. The Auction House and the Consignor make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters. a) International: Several countries do not allow the importation of lots containing materials made from endangered species. This includes, but is not limited to coral and tortoiseshell. An export license may be required for the export of certain materials, as well. b) State of California: California Penal Code sections 653o - 653r make it illegal to import into California for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canes lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it will be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Should a buyer in California state an intent to sell the certain animal parts named in California Penal Code sections 653o - 653r, the Auction House reserves the right to reject bids and refuse to ship.
Brazilian rosewood (Dalbergia nigra) has been listed in in the most restrictive category of endangered species, CITES Appendix I, since June 11, 1992. Brazilian rosewood demonstrably acquired before June 11, 1992, and any product made from such wood, is considered to be pre-Convention under CITES. The United States currently issues a pre-Convention certificate under CITES for international trade. The E.U. includes Brazilian rosewood in Annex A, which means that pre-Convention specimens generally may not be imported into the E.U. for commercial purposes unless accompanied by an import permit proving acquisition before March 1, 1947. Other nations have their own import requirements. As a result, the Auction House will sell property made from Brazilian rosewood, in whole or part, only to buyers residing in the United States. The Auction House will ship only to addresses in the United States. Inquiries from international buyers prior to sale will be handled on a case-by-case basis.
Private Sales: These Terms of Sale shall apply to both auction and private sales of property.
Paragraph Headings: Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.
Addendum to Terms of Sale: Jewelry
For centuries, natural gemstones have been enhanced in a variety of ways, including heating, oiling and other methods. These treatments are accepted by the international jewelry and gemstone trade. Cain auctions makes no representations or warranties, express or implied, as to whether natural stones have been treated or enhanced, whether specifically referenced or not.
All stones have been identified by standard gemological field tests as the mounting permits and the Auction House will make available to prospective buyers any gemological certificates in its possession. It will not always be feasible to obtain a qualified lab report on every stone offered through the Auction House. Buyers wishing to have a grading or gemological report from an independent recognized laboratory such as the Gemological Institute of America, the European
Gemological Laboratories or the American Gemological Institute may request one at their own expense or hire an independent adviser of their choosing.
Weights given are based solely on measurements and known gemological formulae; they are approximate, not exact. Weight may differ once a stone is removed from its setting. Buyers are advised to verify weight estimates prior to auction
Addendum to Terms of Sale: Coins and Currency
Grading is a not an exact science. It is a matter of opinion as to condition and other attributes. Because of this, grading can and will differ among third party grading services (even though consensus grading is employed by most), independent experts, dealers, collectors and auction houses, including our own. Due to the subjectivity of coin and currency grading, a given piece evaluated twice by the same expert may be assigned a different grade each time. Opinion as to the grading, condition or other attributes of any property may have a material effect on value.
Therefore all coins and currency are served "As-Is, Where-Is," by the Auction House except as to authenticity, as expressly stated in the Terms of Sale. They are sold without any additional express or implied warranty, including, but not limited to, grade. This includes all coins and currency, including, but not limited to, those:
Referencing the opinion of a third-party grading service;
With no reference to the opinion of a third-party grading service;
With reference to the opinion of Auction House as to grading;
Subsequently submitted to a third-party grading service for determination or certification;
Encapsulated and therefore unable to be physically examined.
The Auction House reserves the right to differ with the grades assigned to property, by certificate or otherwise, regardless of the grading service and will not be bound by any prior or subsequent opinion, determination or certification by third-party grading services including, but not limited to, National Guaranty Company (NGC), Professional Coin Grading Service (PCGS), Paper Money Guaranty (PMG) and Currency Grading and Authentication (CGA) or any other any grading service, third party organization or dealer. There is no guarantee or warranty implied or expressed that the grading standards utilized by the Auction House will meet the standards of any grading service at any time in the future.
The Auction House has graded uncertified coins and currency with reference to the current interpretation of the American Numismatic Association ?s standards at the time of grading.
The Auction House reserves the right to re-grade property re-consigned for any reasons, including, but not limited to a change of grading standards, differences in opinion, mishandling over time.
The Auction House will not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated coins or currency. In any such instance, purchaser ?s remedy, if any, shall be solely against the service certifying.
Certain types of plastic may react with a coin ?s metal or transfer plasticizer to notes, causing damage. Avoid storage in materials that are not inert.
Catalog illustrations may not be to scale or reflect the depicted property ?s actual size.