B.C.A.D. Art Gallery : Auctio Unus

Below are our auction Terms of Sale. Please read them over as they are applicable those bidding online as well as through the mail or at the live auction itself. A submission of bids in this action constitutes your acceptance of these Terms of Sale. 1. This is an auction sale, not an approval sale. When the auctioneer calls "sold" or the hammer falls this constitutes a purchase at the price hammered. The auction house has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise. 2. Payments must be made in full within 5 business days and arrangement for removal of lots must take place within 7 days after the auction. Absolutely no lots will be released until payment in full has been made. Payment (in U.S. funds) may be made in cash, by personal check (with proper identification, at the discretion of B.C.A.D. Art Gallery) or by MasterCard, Visa, and Discover credit cards. Please note that a 4% additional charge will be added to all credit card and Paypal purchases. If prompt payment is not made, B.C.A.D. Art Gallery reserves the right to resell the lots and charge the original bidder with both the difference and the expenses incurred. 3. A buyer's premium will be added to the final hammer price of each lot purchased through B.C.A.D. Art Gallery, and will be paid by all bidders, without exception! 4. Appropriate state and local Sales Tax will be added to all New York State invoices, unless a valid seller's permit is on file with B.C.A.D. Art Gallery prior to any bidding in the auction. Items shipped outside of New York and the United States of America are also sales tax exempt. 5. RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, WE MUST HAVE NOTIFICATION OF RETURN WITHIN FIVE BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by FedEx, UPS or USPS tracking data, and the item must be received by us within ten days. A letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. Return shipping is at the bidder's expense. In no event may any lot(s) be returned after twenty (20) days from the date of the auction. All sales are then FINAL! 6. MAIL or "Absentee" BIDS may be left prior to and or during the auction, and will take priority over an identical floor bid. In case of a tie mail bid, the earliest received bid will take priority. Mail bids sent via United States mail, or E-mail will be executed by B.C.A.D. Art Gallery, at no charge. Your bids will be started at a small increment over the next highest bid, saving the bidder money wherever possible. B.C.A.D. Art Gallery is not held responsible for any errors in bidding made on behalf of a mail bidder. 7. Shipping is the responsibility of the buyer. All bidders will receive an invoice detailing the purchases, sales tax, the buyer's premium, and shipping and handling charges. All collectibles will be mailed only upon receipt of payment in full and will be insured for their full value where applicable. Items shipped outside of the USA may need the buyer to provide their own insurance. All lots are shipped at the buyer's risk upon clearance of payment. We will NOT falsify customs value on international shipments! Please note that items of Persian or Iranian origin are subject to US trade restrictions which prohibit their export out of the United States, with no exemptions. 8. HIGH and LOW ESTIMATES are provided for each lot for reference only. When placing your bids, keep in mind that all lots in this auction will be sold WITHOUT RESERVE PRICING, meaning the starting price is the lowest price at which that particular item can/will be sold. 9. ESTIMATES for each lot are given only as a guide to help gauge your bidding. Lots may sell for a price greater than or less than these estimates. 10. Floor and mail bidders who have not yet established credit with B.C.A.D. Art Gallery must furnish satisfactory credit references or deposit at least twenty-five percent (25%) of their total bids for that session(s) or such other amounts as B.C.A.D. Art Gallery may require before such bids will be accepted. Deposits submitted will be applied to purchases and any unused portion of such deposit will be promptly returned. 11. In the event a successful bidder fails to make payment when due, B.C.A.D. Art Gallery reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements. 12. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by B.C.A.D. Art Gallery to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder. 13. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within NYC subject to the laws of the State of New York.