Fine Art Auctions Miami (FAAM) is pleased to host its annual Spring auction entitled "Optical and Geometrical Collection - Important Paintings and Sculptures from the 20th Century", which will be held on April 29, 2017 at 5pm (EST) at The Moore Building, in the heart of the Miami Design District.
Terms & Conditions
AUCTIONEER AND AUCTION
1. This Auction is presented by Fine Art Auctions Miami, LLC. (FAAM) as
identified with the applicable licensing information on the title page of the
catalogue. The Auction is conducted under these Terms and Conditions of
Auction and applicable state and local law. Announcements and corrections
from the podium and those made through the Terms and Conditions of
Auctions appearing on the Internet at FAAMiami.com supersede those in the
2. On bids placed through Auctioneer, a Buyer’s Premium of 25 percent (25%)
will be added to the successful hammer price bid on each lot up to and
including $50,000, 20% from %50,001 to $1,000,000 and 15% from $1,000,001
in all Auctions. There is a minimum Buyer’s Premium of $25 per lot. For online
auctions and online timed auctions a live fee of 5% is applicable.
3. FAAM, LLC accepts bids from the Internet, telephone, fax, or mail first,
followed by a floor bidding session; and real-time telephone bidding are
available to registered clients during these auctions.
4. Any person participating or registering for the Auction agrees to be bound
by and accepts these Terms and Conditions of Auction (“Bidders(s)”).
5. All Bidders must meet Auctioneers qualifications to bid. Any Bidder who
is not a client in good standing of the Auctioneer may be disqualified at
Auctioneer’s sole option and will not be awarded lots. Such determination
may be made by Auctioneer in its sole and unlimited discretion, at any time
prior to, during, or even after the close of the Auction. Auctioneer reserves the
right to exclude any person from the auction.
6. If an entity places a bid, then the person executing the bid on behalf of the
entity agrees to personally guarantee payment for any successful bid.
7. Bidders who have not established credit with the Auctioneer must either
furnish satisfactory credit information (including two collectibles-related
business references) well in advance of the Auction or supply valid credit card
information. Bids placed through our Interactive Internet program will only
be accepted from pre-registered Bidders; Bidders who are not members of
FAAM, LLC or affiliates should pre-register at least 48 hours before the start
of the first session granted at the discretion of the Auctioneer. Additionally
Bidders who have no previously established credit or who wish to bid in
excess of their established credit history may be required to provide their
social security number or the last four digits thereof to us so as credit check
may be performed prior to Auctioneer’s acceptance of a bid.
8. Bids in Auction may be placed as set forth in the printed catalog section
entitled “Choose your Bidding Method.”
9. Presentment of Bids: Non-Internet bids (including but not limited to
podium, fax, phone and mail bids) are treated similar to floor bids in that they
must be on-increment or at a half increment (called a cut bid). Any podium,
fax, phone, or mail bids that do not conform to a full or half increment will
be rounded up or down to the nearest fill or half increment and this revised
amount will be considered your high bid.
10. Auctioneer’s execution of certain high bids. Auctioneer cannot be
responsible for your errors in bidding, so carefully check that every bid is
entered correctly. When identical mail or FAX bids are submitted, preference
is given to the first received. To ensure the greatest accuracy, your written
bids should be entered on the standard printed bid sheet and be received at
Auctioneer’s place of business at least two business days before the Auction
start. Auctioneer is not responsible for executing mail bids or FAX bids
received on or after the day the first lot is sold, nor Internet bids submitted by
telephone, mail, FAX, e-mail, Internet, or in person once the Auction begins.
Bids placed electronically via the Internet may not be withdrawn until your
written request is received and acknowledged by the Auctioneer (FAX: 305-
573-4245); such requests must state the reason, and may constitute grounds
for withdrawal of bidding privileges. Lots won by mail Bidders will not be
delivered at the Auction unless prearranged.
11. Caveat as to Bid Increments. Bid increments (over the current bid level)
determine the lowest amount you may bid on a particular lot. Bids greater than
one increment over the current bid can be any whole dollar amount. It is possible
under several circumstances for winning bids to be between increments,
sometimes only $1 above the previous increment. Bids will be accepted in whole dollar amounts only. No “buy” or “unlimited” bids will be accepted.
The following Chart governs current bidding increments.
12. If Auctioneer calls for a full increment, a bidder may request Auctioneer
to accept a bid at half of the increment (“Cut Bid”) only once per lot. After
offering a Cut Bid, bidders may continue to participate only at full increments.
Off-increment bids may be accepted by the Auctioneer at Auctions. If the
Auctioneer solicits bids other than the expected increment, these bids will
not be considered Cut Bids.
CONDUCTION THE AUCTION
13. A “Minimum Bid” is an amount below which the lot will not sell. THE
CONSIGNOR OF PROPERTY MAY PLACE WRITTEN “Minimum Bids” ON HIS
LOTS IN ADVANCE OF THE AUCTION; ON SUCH LOTS, IF THE HAMMER PRICE
DOES NOT MEET THE “Minimum Bid”, THE CONSIGNOR MAY PAY A REDUCED
COMMISSION ON THOSE LOTS. “Minimum Bids” are generally posted online
several days prior to the Auction closing. For any successful bid placed by a
consignor on his Property on the Auction floor, or by any means during the live
session, or after the “Minimum Bid” for an Auction have been posted, we will
require the consignor to pay full Buyer’s Premium and Seller’s Commissions
on such lot.
14. The highest qualified Bidder recognized by the Auctioneer shall be by the
Buyer. In the event of a tie bid, the earliest received or recognized wins. In
the event of any dispute between any Bidders at an Auction, Auctioneer may
at his sole discretion reoffer the lot. Auctioneer’s decision and declaration of
the winning Bidder shall be final and binding upon all Bidders. Bids properly
offered, whether by floor Bidder or other means of bidding, may on occasion
be missed or go unrecognized; in such cases, the Auctioneer may declare
the recognized bid accepted as the winning bid, regardless of whether a
competing bid may have been higher.
15. Auctioneer reserves the right to refuse to honor any bid or to limit the
amount of any bid, in its sole discretion. A bid is considered not made in “Good
Faith” when made by an insolvent or irresponsible person, a person under
the age of eighteen, or is not supported by satisfactory credit, collectibles
reference, or otherwise. Regardless of the disclosure of his identity, any bid
by a consignor or his agent on a lot consigned by him is deemed to be made
in “Good Faith.” Any personal apparently appearing on the OFAC list is not
eligible to bid.
16. Nominal Bids. The Auctioneer in its sole discretion may reject nominal
bids, small opening bids, or very nominal advances. If a lot bearing estimates
fails to open for 40-60% of the low estimate, the Auctioneer may pass the item
or may place a protective bid on behalf of the consignor.
17. Lots bearing bidding estimates shall open at Auctioneer’s discretion
(approximately 50-60% of the low estimate). In the event that no bid meets or
exceeds that opening amount, the lot shall pass as unsold.
18. All items are to be purchased per lot as numerically indicated and no lots
will be broken. Auctioneer reserves the right to withdraw, prior to the close,
any lots from the Auction.
19. Auctioneer reserves the right to rescind the sale in the event of
nonpayment, breach of a warranty, disputed ownership, auctioneer’s clerical
error or omission in exercising bids and reserves, or for any other reason in
Auctioneer’s sole discretion. In cases of nonpayment, Auctioneer’s election to
void a sale does not relieve the Bidder from their obligation to pay Auctioneer
its fees (seller’s and buyer’s premium) and any other damages or expenses
pertaining to the lot.
20. Auctioneer occasionally experiences Internet and/or server service
outages, and Auctioneer periodically schedules system downtime for
maintenance and other purposes, during which Bidders cannot participate
or place bids. If such outages occur, we may at our discretion extend bidding
for the Auction. Bidders unable to place their Bids through the Internet are
directed to contact Client Services.
21. The Auctioneer, its affiliates, or their employees consign items to be
sold in the Auction, and any bid on those lots or any other lots. Auctioneer or affiliates expressly reserve the right to modify any such bids at any time
prior to the hammer based on upon data made known to the Auctioneer or
its affiliates. The Auctioneer may extend advances, guarantees, or loans to
22. The Auctioneer has the right to sell certain unsold items after the close
of the Auction. Such lots shall be considered sold during the Auction and all
these Terms and Conditions shall apply to such sales including but not limited
to the Buyer’s Premium, return rights, and disclaimers.
23. All sales are strictly for cash in United States dollars (including U.S>
currency, bank wire, cashier checks, travelers checks, and bank money orders,
all subject to reporting requirements). All are subject to clearing and funds
being received in Auctioneer’s account before delivery of the purchases.
Auctioneer reserves the right to determine if a check constitutes “good funds”
when drawn on a U.S. bank for ten days, and thirty days when drawn on an
international bank. Credit Card (Visa, Master Card, American Express, Discover,
JCB, Union Pay) and PayPal payments may be accepted up to $10,000 from
non-dealers at the sole discretion of the Auctioneer, subject to the following
limitations: a) sales are only to the cardholder, b) purchases are shipped to
the cardholder’s registered and verified address, c) Auctioneer may preapprove
the cardholder’s credit line, d) a credit card transaction may not be
used in conjunction with any other financing or extended terms offered by
the Auctioneer, and must transact immediately upon invoice presentation, e)
rights of return are governed by these Terms and Conditions, which supersede
those conditions promulgated by the card issuer, f ) floor Bidders must present
their card. All credit card payments are subject to a fee of up to 3.5%.
24. Payment is due upon closing of the Auction session, or upon presentment
of an invoice. Auctioneer reserves the right to void an invoice if payment in
full is not received within 7 days after the close of the Auction. In cases of
nonpayment, Auctioneer’s election to void a sale does not relieve the Bidder
from their obligation to pay Auctioneer its fees (seller’s and buyer’s premium)
on the lot and any other damages pertaining to the lot.
25. Lots delivered to you, or your representative in the State of Florida, New
York or other states where the Auction may be held, are subject to all applicable
state and local taxes, unless appropriate permits are on file with Auctioneer.
Bidder agrees to pay Auctioneer the actual amount of tax due in the event
that sales tax is not properly collected due to: 1) an expired, inaccurate,
inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason. The appropriate form
or certificate must be on file at an verified by Auctioneer five days prior to
Auction or tax must be paid; only if such form or certificate is received by
Auctioneer within 4 days after the Auction can a refund of tax paid e made.
Lots from different Auctions may not be aggregated for sales tax purposes.
26. In the event that a Bidder’s payment is dishonored upon presentment(s),
Bidder shall pay the maximum statutory processing fee set by applicable state
law. If you attempt to pay via eCheck and your financial institution denies
this transfer from your bank account, or the payment cannot be completed
using the selected funding source, you agree to complete payment using
your credit card on file.
27. If any Auction invoice submitted by Auctioneer is not paid in full when
due, the unpaid balance will bear interest at the highest rate permitted by
law from the date of invoice until paid. Any invoice not paid when due will
bear a three percent (3%) late fee on the invoice amount or three percent
(3%) of any installment that is past due. IF the Auctioneer refers any invoice
to an attorney for collection, the buyer agrees to pay attorney’s fees, court
costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns
collection to its in-house legal staff, such attorney’s time expended on the
matter shall be compensated at a rate comparable to the hourly rate of
28. In the event a successful Bidder fails to pay any amount due, Auctioneer
reserves the right to sell the lot(s) securing the invoice to any under bidders in
the Auction that the lot(s) appeared, or at subsequent private or public sale,
or relist the lot(s) in a future auction conducted by Auctioneer. A defaulting
Bidder agrees to pay for the reasonable costs of resale (including a 10%
seller’s commission, if consigned to an auction conducted by Auctioneer).
The defaulting Bidder is liable to pay any difference between his total original
invoice for the lot(s), plus any applicable interest, and the net proceeds for the
lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less
the 10% seller’s commission, if sold at an Auctioneer’s auction.
29. Auctioneer reserves the right to require payment in full in good funds
before delivery of the merchandise.
30. Auctioneer shall have a lien against the merchandise purchased by the
buyer to secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the buyer
then held by the Auctioneer or its affiliates to secure payment of any Auction
invoice or any other amounts due the Auctioneer or affiliates from the buyer.
With respect to payment of the Auction invoice(s), the buyer waives any
and all rights of offset he might otherwise have against the Auctioneer and
the consignor of the merchandise included on the invoice. If a Bidder owes
Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall
have the right to offset such unpaid account by any credit balance due Bidder,
and it may secure possession lien any unpaid amount by any of the Bidder’s
property in their possession.
31. Title shall not pass to the successful Bidder until all invoices are paid in full.
It is the responsibility of the buyer to provide adequate insurance coverage
for the items once they have been delivered to a
common carrier or third-party shipper.
CATALOGING, WARRANTIES, AND DISCLAIMERS
38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT
TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE.
Any description of the items or second opine contained in this Auction is
for the sole purpose of identifying the items for those Bidders who do not
have the opportunity to view the lots prior to bidding, and no description
of items has been made part of the basis of the bargain or has created any
express warranty that the goods would conform to any description made
by Auctioneer. Color variations can be expected in any electronic or printed
images, and are not grounds for the return of any lot. NOTE: Auctioneer, in
specified auction venues, for example, Fine Art, may have express written
warranties and you are referred to those specific terms and conditions.
39. Auctioneer is selling only such right or title to the items being sold as
Auctioneer may have by virtue of consignment agreements on the date
of auction and disclaims any warranty of title to the Property. Auctioneer
disclaims any warranty of merchantability or fitness for any particular purposes.
All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising,
promotion, archival records, and any other uses deemed appropriate.
40. Translations of foreign language documents may be provided as a
convenience to interested parties. Auctioneer makes no representation as to
the accuracy of those translations and will not be held responsible for errors
in bidding arising from inaccuracies in translation.
41. Auctioneer disclaims all liability for damages, consequential or otherwise,
arising out of or in connection with the sale of any Property by Auctioneer to
Bidder. No third party may rely on any benefit of these Terms and Conditions
and any rights, if any, established hereunder are personal to the Bidder and
may not be assigned. Any statement made by the Auctioneer is an opinion
and does not constitute a warranty or representation. No employee of
Auctioneer may alter these Terms and Conditions, and, unless signed by a
principal of Auctioneer, any such alteration is null and void.
42. Auctioneer shall not be liable for breakage of glass or damage to frames
(patent or latent); such defects, in any event, shall not be a basic for any claim
for return or reduction in purchase price.
43. In consideration of participation in the Auction and the placing of a bid,
Bidder expressly released Auctioneer, its officers, directors, and employees,
its affiliates, and its outside experts that provide second opines, from any and
all claims, cause of action, chose of action, whether at law or equity or any
arbitration or mediation rights existing under the rules of any professional
society or affiliation based upon the assigned description, or a derivative
theory, breach of warranty express or implied, representation or other matter
set forth within these Terms and Conditions of Auction or otherwise. In the
event of a claim, Bidder agrees that such rights and privileges conferred
therein are strictly construed as specifically declared herein; e.g., authenticity,
typographical error, etc. and are the exclusive remedy. Bidder, by noncompliance
to these express terms of a granted remedy, shall waive any claim
44. Notice: Some Property sold by Auctioneer are inherently dangerous e.g.
firearms, cannons, and small items that may be swallowed or ingested or may
have latent defects all of which may cause harm to a person. Purchaser accepts
all risk of loss or damage from its purchase of these items and Auctioneer
disclaims any liability whether under contract or tort for damages and losses,
direct or inconsequential, and expressly disclaims any warranty as to safety or
usage of any lot sold.
DISPUTE RESOLUTION AND ARBITRATION PROVISION
45. By placing a bid or otherwise participating in the auction, Bidder accepts
these Terms and Conditions of Auction, and specifically agrees to the dispute
resolution provided herein. Consumer disputes shall be resolved through
court litigation which has an exclusive Miami, Florida venue clause and jury
waiver. Non-consumer disputes shall be determined in binding arbitration
which arbitration replaces the right to go to court, including the right to a
46. Auctioneer in no event shall be responsible for consequential damages,
incidental damages, compensatory damages, or any other damages arising or
claimed to be arising from the auction of any lot. In the event that Auctioneer
cannot deliver the lot or subsequently it is established that the lot lacks title,
or other transfer of condition issue is claimed, in such cases the sole remedy
shall be limited to rescission of sale and refund of the amount paid by Bidder;
in no case shall Auctioneer’s maximum liability exceed the high bid on that
lot, which bid shall be deemed for all purposes the value of the lot. After
one year has elapses, Auctioneer’s maximum liability shall be limited to any
commissions and fees Auctioneer earned on that lot.
47. In the event of an attribution error, Auctioneer may at its sole discretion,
correct the error on the Internet, or, if discovered at a later date, to refund the
buyer’s purchase price without further obligation.
48. Dispute Resolution for Consumers and Non-Consumers: Any claim,
dispute, or controversy in connection with, relating to and/or arising out of the
Auction, participation in the Auction, award of lots, damages of claims to lots,
descriptions, condition reports, provenance, estimates, return and warranty
rights, any interpretation of these Terms and Conditions, any alleged verbal
modification of these Terms and Conditions and/or any purported settlement
whether asserted in contract, tort, under Federal or State statute or regulation
shall or any other matter: a) if presented by a consumer be exclusively heard
by, and the parties consent to, exclusive in personam jurisdiction in the
State District Courts of Miami-Dade County, Florida. THE PARTIES EXPRESSLY
WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued in
the appellate courts of the State of Florida or b) for any claimant other than
a consumer, the claim shall be presented in confidential binding arbitration before a single arbitrator, that the parties may agree upon, selected from the
mediator list of Florida. The case is not to be administrated by mediators;
however, if the parties cannot agree on an arbitrator, then mediators shall
appoint the arbitrator and it shall be conducted under mediator’s rules. The
locale shall be Miami, Florida. The arbitrator’s award may be enforced in
any court of competent jurisdiction. Any claim must be brought within one
(1) year of the alleged breach, default or misrepresentation or the claim is
waived. This agreement and any claims shall be determined and construed
under Florida law. The prevailing party (party that is awarded substantial)
and material relief on its claim or defense) may be awarded its reasonable
attorneys’ fees and costs.
49. No claims of any kind can be considered after the settlements have been
made with the consignors. Any dispute after the settlement date is strictly
between the Bidder and consignor without involvement or responsibility of
50. In consideration of their participation in or application for the Auction,
a person or entity (whether the successful Bidder, a Bidder, a purchaser
and/or other Auction participant or registrant) agrees that all disputes in
any way relating to, arising under, connected with, or incidental to these
Terms and Conditions and purchases, or default in payment hereof, shall be
arbitrated pursuant to the arbitration provision. In the event that any matter
including actions to compel arbitration, construe the agreement, actions
in aid or arbitration or otherwise needs to be litigated, such litigation shall
be exclusively in the Courts of the State of Florida, in Miami-Dade County,
Florida, and if necessary the corresponding appellate courts. For such actions,
the successful Bidder, purchaser, or Auction participant also expressly submits
himself to the personal jurisdiction of the State of Florida.
51. These Terms & Conditions provide specific remedies for occurrences in the
auction and delivery process. Where such remedies are afforded, they shall be
interpreted strictly. Bidder agrees that any claim shall utilize such remedies;
Bidder making a claim in excess of those remedies provided in these
Terms and Conditions agrees that in no case whatsoever shall Auctioneer’s
maximum liability exceed the high bid on that lot, which bid shall be deemed
for all purposes the value of the lot.
52. Agreements between Bidders and consignors to effectuate a non-sale of
an item at Auction, inhibit bidding on a consigned item to enter into a private
sale agreement for said item, or to utilize the Auctioneer’s Auction to obtain
sales for non-selling consigned items subsequent to the Auction, are strictly
prohibited. If a subsequent sale of a previously consigned item occurs in
violation of this provision, Auctioneer reserves the right to charge the Bidder
the applicable Buyer’s Premium and consignor a Seller’s Commission as
determined for each auction venue and by the terms of the Seller’s agreement.
53. Acceptance of these Terms and Conditions qualifies Bidders as a client
who has consented to be contacted by FAAM, LLC in the future. In conformity
with “do-not-call” regulations promulgated by the Federal or State regulatory
agencies, participation by the Bidder is affirmative consent to being contact
at the phone number shown in his application shall remain in effect until
it is revoked in writing. FAAM, LLC may from time to time contact Bidder
concerning sale, purchase, and auction opportunities available through
FAAM, LLC and its affiliates and subsidiaries.
54. Rules of Construction: Auctioneer presents properties in a number
of collectible fields, and as such, specific venues have promulgated
supplemental Terms and Conditions of Auction by these additional rules and
shall be construed to give force and effect to the rules in their entirety.
Fine and Decorative Arts Term A: Limited Warranty
Auctioneer warrants authorship period or culture of each lot sold in this
catalog as set out in the BOLD face type heading in the catalog description of
the lot, with the following exclusions.
This warranty does not apply to:
I. authorship of any paintings, drawings, or sculpture created prior to 1870,
unless the lot is determined to be a counterfeit which has a value at the date
of the claim for rescission which is materially less than
the purchase price paid for the lot; or
II. any catalog description where it was specifically mentioned that there is a
conflict of specialist opinion on the authorship of a lot; or
III. authorship which on the date of sale was in accordance with the then
generally accepted opinion of scholars and specialists, despite the subsequent
discovery of new information, whether historical or physical, concerning the
artist or craftsman, his students, school, workshop or followers; or
IV. the identification of periods or dates of execution which may be proven
inaccurate by means of scientific processes not generally accepted for use
until after publication of the catalog, or which were unreasonably expensive or impractical to use at the time of publication of the catalog. The term
counterfeit is defined as a modern fake or forgery, made less than fifty years
ago with the intent to deceive. The authenticity of signatures, monograms,
initials or other similar indications of authorship is expressly excluded as a
controlling factor in determining whether a work is a counterfeit under the
meaning of these Terms and Conditions of Auction.
FINE AND DECORATIVE ARTS TERM: GLOSSARY OF TERMS
Terms used in this catalog have the following meanings. Please note that
all statements in this catalog, excluding those in BOLD-face type, regarding
authorship, attribution, origin, date, age, provenance, and condition are
statements of opinion and are not treated as a statement of fact.
1. AUGUSTE RENOIR
In our opinion, the work is by the artist.
2. ATTRIBUTED TO AUGUSTE RENOIR
In our opinion, the work is of the period of the artist which may be whole or
in part the work of the artist.
3. STUDIO, (CIRCLE OR WORKSHOP) OF AUGUSTE RENOIR
In our opinion, the work is of the period and closely relates to his style.
4. SCHOOL OF AUGUSTE RENOIR
In our opinion, the work is by a pupil or a follower of the artist.
5. MANNER OF AUGUSTE RENOIR
In our opinion, the work is in the style of the artist is of a later period.
6. AFTER TO AUGUSTE RENOIR
In our opinion, this work is a copy of the artist.
7. ASCRIBED TO AUGUSTE RENOIR
In our opinion, this work is not by the artist, however, previous scholarship has
noted this to be a work by the artist.
8. SIGNED (OR DATED)
The work has a signature (or date) which is in our opinion genuine.
9. BEARS SIGNATURE (OR DATE)
The work has a signature (or date) which in our opinion is not authentic.
FINE AND DECORATIVE ARTS TERM C: PRESENTMENT
The warranty as to authorship is provided for a period of one (1) year from
the date of the auction and is only for the benefit of the original purchaser or
record and is not transferable.
FINE AND DECORATIVE ARTS TERM D
The Auction is not on approval. Under extremely limited circumstances (e.g.
gross cataloging error), not including attributions in BOLD-face type, which
are addressed in Term F below, a purchaser who did not bid from the floor
may request Auctioneer to evaluate voiding a sale; such request must be
made in writing detailing the alleged gross error, and submission of the lot
to Auctioneer must be pre-approved by Auctioneer. A bidder must notify the
appropriate department head (check the inside front cover of the catalog or
our website for a listing of department heads) in writing of the purchaser’s
request within three (3) days of the non-floor bidder’s receipt of the lot. Any
lot that is to be evaluated for return must be received in our offices within 35
days after Auction. AFTER THAT 35-DAY PERIOD, NO LOT MAY BE RETURNED
FOR ANY REASON. Lots returned must be in the same condition as when sold
and must include any Certificate of Authenticity. No lots purchased by floor
bidders (including those bidders acting as agents for others) may be returned.
Late remittance for purchases may be considered just cause to revoke all
FINE AND DECORATIVE ARTS TERM E
The catalog descriptions are provided for identification purposes only. Bidders
who intend to challenge a BOLD-face provision in the description of a lot
must notify Auctioneer in writing within thirty-five (35) days of the Auction’s
conclusion. IN the event Auctioneer cannot deliver the lot or subsequently it
is established that the lot lacks title or the BOLD-face section of description is
incorrect, or other transfer or condition issue is claimed, Auctioneer’s liability
shall be limited to rescission of sale and refund of purchase price. In no case
shall Auctioneer’s maximum liability exceed the successful bid on that lot,
which bid shall be deemed for all purposes the value of the lot. After one year
has elapsed from the close of the Auction, Auctioneer’s maximum liability
shall be limited to any commissions and fees Auctioneer earned on that lot.
FINE AND DECORATIVE ARTS TERM F
Any claim as to authorship, provenance, authenticity, or other matter under
the remedies provided in the Fine Arts Terms and Conditions or otherwise must
be first transmitted to Auctioneer by credible and definitive evidence within
the applicable claim period. Auctioneer, in processing the written claim, may require the Purchaser to obtain the written opinion of two recognized experts
in the field who are mutually accepted by the Auctioneer and Purchaser.
Upon receipt of the two opinions, Auctioneer shall determine whether to
rescind the sale. The Purchaser’s claim must be presented in accord with the
remedies provided herein and is subject to the limitations and restrictions
provided (including within the described time limitations). Regardless of
Purchaser’s submissions there is no assurance after such presentment that
Auctioneer ill validate the claim. Authentication is not an exact science and
contrary opinions may not be recognized by Auctioneer. Even if Auctioneer
agrees with the contrary opinion of such authentication and provides a
remedy within these Terms and Conditions or otherwise, our liability for
reimbursement for bidder’s third party opines shall not exceed $500. The
right of rescission, return, or any other remedy provided in these Terms and
Conditions, or any other applicable law, does not extend to authorship of any
lot which at the date of Auction was in accordance with the then generally
accepted opinion of scholars and specialists, despite the subsequent
discovery of new information, whether historical or physical, concerning the
artist, his students, school, workshop or followers. Purchaser by placing a bid
expressly waives any claim or damage based on such subsequent information
as described herein. It is specifically understood that any refund agreed to by
the Auctioneer would be limited to the purchase price.
FINE AND DECORATIVE ARTS TERM G
Provenance and authenticity, excluding attributions in BOLD-face type, are
guaranteed by neither the consignor nor Auctioneer. While every effort is
made to determined provenance and authenticity, it is the responsibility of
the Bidder to arrive at their own conclusion prior to bidding.
FINE AND DECORATIVE ARTS TERM H
On the fall of the Auctioneer’s hammer, Buyers of Fine Arts and Decorative
Arts lots assume full risk and responsibility for lot, including shipment by
common carrier or third-party shipper, and must provide their own insurance
coverage for shipments.
FINE AND DECORATIVE ARTS TERM I
Auctioneer complies with all Federal and State rules and regulations relating
to the purchasing, registration and shipping of firearms. A purchaser is
required to provide appropriate documents and the payment of associated
fees, if any. Purchaser is responsible for providing a shipping address that is
suitable for the receipt of a firearm.
FAAM, LLC strongly encourages in-person inspections of lots by the Bidder.
While FAAM, LLC is not obligated to provide a condition report of each lot,
Bidders may feel free to contact the department for a Condition Report and
FAAM, LLC will attempt to furnish one, but shall not be liable for failing to do
so. Condition is often detailed online, but is not included in our catalogues.
The Bidder should review online descriptions as the descriptions supersede
catalog descriptions and those condition reports otherwise provided.
Statements by FAAM, LLC regarding the condition of objects are for guidance
only and should not be relied upon as statements of fact, and do not
constitute a representation, warranty, or assumption of liability by FAAM LLC.
All lots offered regardless of condition report are sold “AS IS”.
32. Buyer is liable for shipping and handling. Auctioneer is unable to combine
purchases from other auctions or affiliates into one package for shipping
purposes. Lots won will be shipped in a commercially reasonable time after
payment in good funds for the merchandise and the shipping fees is received
or credit extended, except when third-party shipment occurs.
33. Successful international Bidders shall provide written shipping
instructions, including specified customs declarations, to the Auctioneer for
any lots to be delivered outside of the United States. NOTE: Declaration value
shall be the item(s) hammer price together with its buyer’s premium and
Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers
on lots designated for third-party shipment must designate the common
carrier, accept risk of loss, and prepay shipping costs.
34. All shipping charges will be borne by the successful Bidder. On all domestic
shipments, any risk of loss during shipment will be borne by FAAM, LLC
until the shipping carrier’s confirmation of delivery to the address of record
in Auctioneer’s file (carrier’s information is conclusive to prove delivery to
Bidder; if client has a Signature release on file with the carrier, the package is
considered delivered without Signature) or delivery by FAAM, LLC to Bidder’s
selected third-party shipper. On all foreign shipments, any risk of loss during
shipment will be borne by the Bidder following Auctioneer’s delivery to the
Bidder’s designated common carrier or third-party shipper.
35. Due to the nature of some items sold, it shall be the responsibility for the
successful Bidder to arrange pick-up and shipping through third-parties; as
to such items Auctioneer shall have no liability. Failure to pick-up or arrange
shipping in a timely fashion (within thirty days) shall subject Lots to storage
and moving charges, including $100 administration fee plus $10 daily storage
for larger items and $5 daily for smaller items (storage fee per item) after 35
days. In the event the Lot is not removed within ninety days, the Lot may be
offered for sale to recover any past due storage or moving fees, including a
10% Seller’s Commission.
36. The laws of various countries regulate the import or export of certain
plant and animal properties, including (but not limited to) items made of (or
including) ivory, whalebone, turtle shell, coral, crocodile, or other wildlife.
Transport of suck lots may require special licenses for export, import, or both.
Bidder is responsible for: 1) obtaining all information on such restricted items
for both export and import; 2) obtaining all such licenses and/or permits.
Delay or failure to obtain any such license or permit does not relieve the buyer
of timely compliance with standard payment terms.
37. Any request for shipping verification for undelivered packages must be
made within 30 days of shipment by Auctioneer.