American & European Paintings

Standard Terms and Conditions of Sale All property offered and sold through Samuel T. Freeman & Co., ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions. 1. Samuel T. Freeman & Co. has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication. 2. ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within twenty-five (25) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. Inspection on the day of sale will be permitted only upon prearrangement with the COMPANY. 3. Samuel T. Freeman & Co. reserves the right to withdraw any property at any time before the fall of the hammer in its sole and exclusive discretion. 4. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. Samuel T. Freeman & Co. reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots. 5. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects. 6. If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale. 7. Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefor or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within two (2) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after two (2) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale. 8. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds therefrom other than the broker's Commissions, and all sales are subject to any such interest. 9. No "buy" bids shall be accepted at any time for any purpose. 10. Any pre-sale bids must be left in writing with the Company prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid. 11. A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 17.5% of the successful bid price up to and including $50,000, and 12.5% on any amount in excess of $50,000. 12. Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.