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Terms & Conditions
Terms and Conditions of Sale
The property offered and sold through REX Fine Art, LLC public auctions (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, the buyer of the Property (hereinafter the Buyer) agrees to be bound by this Agreement.
PROPERTY SOLD AS IS. All Property is sold as is, where is, with all faults. REX Fine Art, LLC makes no guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalogue or any other description of the Property. In no event shall REX Fine Art, LLC 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. REX Fine Art, LLC 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. REX Fine Art, LLC makes no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. REX Fine Art, LLC and its artists expressly reserves the right to reproduce any image of the Property sold in the catalogue. The copyright in all images, illustrations and written material produced by or for REX Fine Art, LLC relating to Property, including the contents of the catalogue, is, and shall remain at all times, the property of REX Fine Art, LLC and its artists and shall not be used by the Buyer, nor by anyone else, without REX Fine Art, LLC and its artists prior written consent.
EXAMINATION OF PROPERTY. All Property is available for further due dilgience by contact REX Fine Art, LLC at 561-715-0999 prior to bidding. 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.
ORDER OF BIDS. Unless otherwise announced by REX Fine Art, LLC , all bids are per lot as numbered in the online auction pages. REX Fine Art, LLC reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.
HIGHEST BIDDER. The highest bidder as determined by the BidSquare auction functionality shall be the Buyer. In the case of a disputed bid, REX Fine Art, LLC 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. REX Fine Art, LLC 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 REX Fine Art, LLC may require.
PACKING AND SHIPPING. REX Fine Art, LLC will have no liability for any loss or damage to shipped items. Under no circumstances will REX Fine Art, LLC be held responsible for items entrusted to a third party shipper.
TAXES. All purchases are subject to Florida sales tax unless the Buyer possesses a Florida sales tax exemption number. Exemption numbers from other states are accepted in Florida if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Florida 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 Florida sales tax is charged for purchases shipped out of state.
IMPORT/EXPORT RESTRICTIONS. Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property.
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, REX Fine Art, LLC 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 Florida (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 REX Fine Art, LLC in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the State of Florida 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 REX Fine Art, LLC 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 REX Fine Art, LLC on any future occasion.
SHIPPING COST ESTIMATES WILL BE PROVIDED TO BIDDERS AT THE BIDDERS' REQUESTS DURING THE AUCTION. ACTUAL SHIPPING COSTS WILL BE PROVIDED TO THE WINNING BIDDER SHORTLY AFTER THE WINNING BIID IS PROCESSED.
ALL SHIPPING COSTS, INCLUDING SHIPPING INSURANCE INSURANCE, WILL BE PAID BY THE BIDDER AT THE TIME OF CONSUMMATION OF THE SALE.