Terms And Conditions Of Sale



The following Terms and Conditions of Sale are Private Collections and the Consignor(s) entire Agreement with the Purchaser relative to all property listed in this catalogue, the Conditions of Sale are subject to amendment by Private Collections' by the posting of notice(s) or by announcement at the time of sale. The property is offered by Private Collections as agent for the Consignor, unless otherwise indicated. By participating in this or any catalogue sale, you agree that you are bound by these terms and conditions.

1. All property is sold "AS IS" and we make no warranties or representations of the correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historical relevance of the property and no statement anywhere, oral or written, shall be deemed as warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Every lot is sold "as is" and where-is and without recourse; all sales are final. We exercise great care to catalogue every lot correctly and will attempt to point out any defects at the time of sale but will not be responsible or liable for the correctness of the catalogue or other description of the lot. Paintings are ascribed to given artists only upon exercise of our best judgment or that of an outside expert; no unqualified statement as to authorship is made. We suggest that the prospective bidder seek the advice of his own expert before bidding on any particular lot. We make no representation or warranty as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in the property.

2. We attempt to catalogue and value the lots fairly and accurately. However, neither we nor our employees or agents guarantee the genuineness, authenticity, condition or description of any catalogued lot. Prospective bidders should inspect the property before bidding to determine its condition and whether or not it has been restored, repaired or altered. If a prospective bidder has not examined the lot to his satisfaction before the sale, or had his own agent do so for him, we recommend that he not bid on the property.

3. All bids are per lot as numbered in the catalogue and no lot shall be divided for sale, unless otherwise announced by the auctioneer at the time of sale.

4. Catalogue descriptions of each lot generally include an estimated range of values,  within which the lot is expected to sell. These estimates are made before the sale and are sometimes revised before the sale. Pre-sale estimates do not include the buyer's premium or applicable state taxes and other expenses.

5. Some of the lots in this sale may be offered subject to a reserve. The reserve is a confidential minimum price agreed upon with the Consignor, below which the lot will not be sold. In most cases, the reserve will be set below the low estimate of the estimated range, but in no case will it exceed the low estimate. Consignors are not permitted to bid on their own items.

6. We reserve the right to withdraw any lot before the sale with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article from the sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, the auctioneer may, in his sole discretion, reject the advance.

7. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. . As this will be an on line live bid, the auctioneer will have the final discretion to determine the final bidder.   If any dispute arises after the sale, our sale record is conclusive. Although we will execute order or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith.

8. A Buyer’s Premium of 13% will be added to the bid price as part of the total purchase price.

9. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to the fulfillment by such bidder of all conditions set forth herein, and such bidder thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price thereof or such part as we may require within 24 hours after the session in which the item was purchased. In addition to other remedies available to it by law,  Private Collections reserves the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from the premises by the purchaser at his expense not later than 5:00 p.m. of the fifth business day following the sale and, if it is not so removed, (i) a handling charge of $25.00 per item per day until its removal will be payable to us by the purchaser with a minimum of 5% of the purchase price for any property not so removed within ten (10) business days after the sale, (ii) we shall have no liability for any damage to property left on its premises for more than five (5) days after the date of sale, and (iii) we may send the purchased property to a public warehouse for the account, risk, and expense of the purchaser. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligation to it, any property in its possession owned by such purchaser. Private Collections shall have all the rights afforded a secured party under the Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by it for the account of, or due from it to such purchaser. At our option, payment will not be deemed to have been in full until our bank has collected funds represented by a check, or in the case of a bank or cashier's check, our bank has confirmed their authenticity.

10. A purchaser may utilize one or more of the following methods of payment: cash, wire transfer, traveler's check, cashier's or certified check; personal checks will be accepted if credit has been established. We reserve the right to hold items purchased by check until the check has cleared. To insure that delivery is not delayed, new bidders should supply us with bank or suitable credit references before the sale. We will charge a fee of $35.00 for any dishonored check. Purchasers may also choose to pay by credit card. We accepts Visa, MasterCard, Discover, and American Express, with no cancellation rights to the purchaser.

11. Unless exempted by law, the purchaser will be required to pay the combined Florida State sales tax on the total purchase price including the buyer’s premium.  We must have a blanket exemption certificate with permit number and signature on any tax exempt sale. The rate of Florida sales tax is 7%.  No sales tax will be charged on items shipped out of state from our location.

12. In no event will the liability to any purchaser exceed the purchase price actually paid by purchaser for such item.

13. All merchandise will be shipped to the designated destination within two weeks of our receiving full payment.  Shipping and insurance costs will be the responsibility of the buyer.

14. Bidding on any item indicates your acceptance of these Conditions of Sale and all other amended or additional Conditions of Sale announced at the time of sale.
 


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