The lots listed in this catalogue will be offered by Firebird Gallery. As owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. ALL SALES ARE FINAL. NO RETURNS. NO EXCEPTIONS. Condition reports are usually available on request on lots with a low estimate of $500 and over. The items sold are often of considerable age and will exhibit wears, usage and damage often not listed in the catalog entry. Neither Firebird Gallery nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Firebird Gallery recommends that they not bid on the property. All dimensions are approximate. The condition of frames is not guaranteed. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Firebird Gallery and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Firebird Gallery expressly reserves the right to reproduce any image of the lots sold in this catalogue.
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Firebird Gallery before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Firebird Gallery, and that Firebird Galley will only look to the principal for payment.
Reserves - Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Firebird Gallery. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than seven (7) business days following the sale. We accept Paypal (up to USD3,000), Wire transfer, Company or Personal Check, Firebird Gallery reserves the right to hold merchandise purchased by check payment has cleared at the bank. We also accept Visa, Master Card and Union Pay. All CREDIT CARD PAYMENT MUST BE SETTLED IN PERSON AT OUR HONG KONG OFFICE.
Collecting Purchases ? Once Firebird Gallery has received all funds due to us, the buyer shall collect purchased lots within seven (7) business days from the date of the sale.
All items purchased from Firebird Gallery must be removed within seven (7) business days after the auction date. Firebird Gallery will not be responsible for paid items left for over seven (7) business days after the auction date. (Unless a prior agreement has been made). Items left after seven (7) business days will incur a USD$10/day storage fee per item or CBM (Depending on the size). Once storage fees have exceeded the actual purchase price of the item Firebird Gallery can exercise the right to re-auction.
Packing and Shipping ?Packing, shipping, handling and insurance are the buyer's responsibilities, or contact us for estimate. For large item(s) such as furniture, we can estimate and give suggestions. Please contact us in advance for more information. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Firebird Gallery will have no liability of any loss or damage to such items.
Non Payment - If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, 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 obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate.
Firebird Gallery 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.