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TERMS AND CONDITIONS Terms and Conditions of Sale The property offered and sold through the WheatonArts (hereinafter the Property) shall be offered and sold pursuant to the terms and conditions set forth below (hereinafter the Agreement). This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By bidding at the auction, whether in person, by agent, in writing, by telephone, internet bid or any other means, the buyer of the Property (hereinafter the Buyer) acknowledges having read this agreement and agrees to be bound by this agreement. PROPERTY SOLD AS IS. All Property is sold as is, where is, with all faults. WheatonArts makes no guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalog or any other description of the Property. In no event shall WheatonArts be responsible for the correctness, nor be deemed to have made any representation or warranty, of description or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation. WITHDRAWAL OF PROPERTY. WheatonArts reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute. COPYRIGHT AND REPRODUCTION RIGHTS. WheatonArts makes no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. WheatonArts and its artists expressly reserve the right to reproduce any image of the Property sold in the catalog. The copyright in all images, illustrations and written material produced by or for WheatonArts relating to Property, including the contents of the catalog, is, and shall remain at all times, the property of WheatonArts and its artists and shall not be used by the Buyer, nor by anyone else, without WheatonArts and its artists prior written consent. You may only use, download, and/or copy any materials for informational purposes. EXAMINATION OF PROPERTY. All Property is available for further due diligence by contacting WheatonArts at 856-825-6800, ext.107 or pweichmann@wheatonarts.org prior to bidding or by visiting WheatonArts on Friday, May 31, and Saturday, June 1, 2019, between 10 a.m. to 5 p.m. The Buyer’s bidding signifies that the Buyer has performed his/her due diligence as desired or has chosen not to perform additional due diligence regarding the Property. BIDDING: ORDER OF BIDS. Unless otherwise announced by WheatonArts, all bids are per lot as numbered in the online auction pages. WheatonArts reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots. BIDDING INCREMENTS. ONLINE SALES Bid Amount Increment up to $499 by $25 $500 to $999 by $50 $1,000 to $2,999 by $100 $3,000 to $4,999 by $250 $5,000 to $9,999 by $500 $10,000 to $29,999 by $1,000 $30,000 to $49,999 by $2,500 $50,000 to $99,999 by $5,000 HIGHEST BIDDER. The highest bidder as determined by the BidSquare auction functionality shall be the Buyer. In the case of a disputed bid, WheatonArts shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or reoffer the Property for sale. WheatonArts shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. At such time as the auctioneer has declared Property sold to a given Buyer, said Buyer thereupon assumes full risk and responsibility for the Property, agrees to sign any requested confirmation of purchase, and agrees to pay the full price upon such terms as WheatonArts may require. PACKING AND SHIPPING. WheatonArts will have no liability for any loss or damage to shipped items. Under no circumstances will WheatonArts be held responsible for items entrusted to a third party shipper. TAXES. All purchases are subject to New Jersey sales tax unless the Buyer possesses a New Jersey sales tax exemption number. Exemption numbers from other states are accepted in New Jersey if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a New Jersey exemption number prior to the auction. Buyer is responsible for any and all tariffs, taxes and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyers country. No New Jersey state sales tax is charged for purchases shipped out of state. BUYERS BREACH. If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, WheatonArts may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale. GOVERNING LAW. These conditions of sale shall be governed by the laws of the State of New Jersey (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against WheatonArts in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the State of New Jersey or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. AMENDMENTS TO TERMS AND CONDITIONS. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of WheatonArts in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of WheatonArts on any future occasion. PAYMENT. Payment can be made with cashier’s check, bank wire, or personal/business check. For new clients, purchases paid for with personal/business check or international bank check/money order are not released until payment has cleared, 10 days post-deposit. WheatonArts also accepts major credit cards; and PayPal payments. A fee of up to $50.00 will be charged for returned checks. Payment is due no later than 7 days post-sale. If payment is not received within 14 days of the day of sale, the credit card of record will be charged the invoice total plus a 3% surcharge. SHIPPING/PICK-UP – WheatonArts reserves the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks, and overseas money orders/cashier’s checks) if we deem such action necessary to protect our interest. Items paid for via bank wire transfer, cashier’s check, or money order will be released immediately. All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. All bidders must notify WheatonArts by email (nalampi@wheatonarts.org) or telephone, 856-825-6800, extension 155 regarding shipping. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer. Pick-up times are Tuesday through Sunday from 10 a.m. to 5 p.m. STORAGE FEES. Any items left at WheatonArts for more than thirty days following the sale will incur storage fees at a rate of $5.00 per lot, per day (this rate applies to all items regardless of size or value). Storage fees will begin on the 30th day regardless of payment status. Items still remaining at our gallery 45 days after the auction date will be considered abandoned and may be consigned to a future auction without additional notice to the purchaser. LIMITED LIABILITY. WheatonArts shall not be liable for any amount in excess of that paid by the purchaser. See Terms of Guarantee for further details. JURISDICTION. Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at WheatonArts purchasers consent to the exclusive jurisdiction of the courts in the state of New Jersey. EXCLUSIONS Notwithstanding any other provision of these Terms of Guarantee, WheatonArts disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate. Jewelry - All jewelry weights and measurements are approximate. Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery. Electrified items – We do not guarantee the working condition of any electrified items such as lamps. WheatonArts will not be liable for accident or injury resulting in the use of any electrified item. Purchasers should have all electrified items they purchase examined by a certified electrician prior to use. Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at WheatonArts purchasers consent to the exclusive jurisdiction of the courts in the State of New Jersey. Bidding on any item indicates your acceptance of these Terms and all other terms announced/published at the time of sale.