Fine Art Sale . Impressionist and Modern art

It is important to Phoenix Auction house that all bidders understand the terms and conditions under which its auctions are conducted. By bidding on an item through Phoenix Auction house you are hereby accepting the terms and conditions of sale as set forth below. 1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Phoenix Auction House below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. Phoenix Auction House will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot. 2. All property is sold 'as is,' and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. 3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. 4. All bidders may be requested to give their name, residence, business address, telephone number, driver's license and credit card. Phoenix Auction House shall have the right to reject any bid from anyone who has not established credit with Phoenix Auction House prior to the auction. Any bidder that plans on spending in excess of $100,000 should make arrangements at least five (5) days in advance of the sale, as a deposit may be required to participate. 5. Property purchased by a successful bidder may not be removed from the auction sale premises until the full purchase price plus the buyer's premium and all applicable taxes have been paid. The purchaser must pay for and remove all property from the auction premises on the same day as the auction sale. 6. Phoenix Auction House accepts cash, check, and Wire transfer, Visa and Mastercard for payment. Personal checks will be acceptable only if credit has been established with Phoenix Auction House or if a bank authorization has been received guaranteeing a personal check. Phoenix Auction House reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Phoenix Auction House a handling charge of $35.00 for any check dishonored by the bank. 7. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Phoenix Auction House 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 purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale. 8. In no event will the liability of Phoenix Auction House to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item. 9. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., 10. All purchases made in Florida are subject to the 7.00% sales tax unless the purchaser possesses a Florida sales tax exemption number. Exemption numbers from other states are accepted in the Commonwealth of 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 by contacting the state of Florida. 11. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid. 12. If the purchaser fails to fulfill these conditions, in addition to all legal remedies available to Phoenix Auction House, Phoenix Auction House may: a) cancel the sale and retain any payments made as liquidated damages; b) resell the property for the account of the buyer, in which case the buyer shall be liable to Phoenix Auction House for all its costs and damages, including the commissions for both auctions; c) remove the property to a warehouse for the account and at the risk and expense of the buyer. 13. Phoenix Auction House and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Phoenix Auction House expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Phoenix Auction House relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Phoenix Auction House and shall not be used by the purchaser, nor by anyone else, without our prior written consent. 14. These conditions of sale shall be governed by the laws of the Commonwealth of Florida (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Phoenix Auction House in connection with the transactions contemplated by this agreement shall be brought, in the courts of the Commonwealth of Florida or any federal court sitting therein. The bidder/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.