Weekly Auctions of Exceptional Items
DoneSat, Oct 28, 2017 12:00 PM EDT
Alexandria, LA, USA
EXCEPTIONAL ASIAN AND EUROPEAN ART
Chinese Art and Antiques, French Art and Antiques, Japanese Art and Antiques, Fine Jewelry and Watches
Terms & Conditions
TERMS AND CONDITIONS OF SALE This auction is presented by Exquisite Entities, LLC ("Exquisite Entities" or "the auctioneer"). The auction is conducted pursuant to these Terms and Conditions of Sale ("Terms and Conditions") as well as any applicable federal, state and local laws. The Terms and Conditions of Sale as they appear on Live Auctioneers are the most current and supersede all other Terms and Conditions, including those that appear on Exquisite Entities, LLC 's website. By registering and bidding in an auction conducted by Exquisite Entities, LLC, bidders agree to be bound by these Terms and Conditions. This applies to all bidders via an agent acting on their behalf or through a live Internet connection. These are the complete and only Terms and Conditions by which all property is offered for sale. All prospective buyers should read these Terms and Conditions before bidding. Exquisite Entities, LLC retains the right to bar any bidder from participating in any auction and to exclude or reject any bid. 1. REGISTRATION All bidders must register their name, email address, permanent street address (P.O. Boxes are not acceptable), and telephone number before the auction. All bidders must meet certain qualifications to bid and must be in good standing of the auction gallery. In addition, bidders may be required to present a valid and chargeable Visa or MasterCard before being approved to participate in the auction. 2. ACCEPTANCE OF TERMS All Bidding will be made online, via Liveauctioneers.com, and the bidder's agreement will be bound by these Terms and Conditions. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the State of Louisiana. All bidders submit to the personal jurisdiction of the state and federal courts in Louisiana. By placing a bid on any item (lot) in a sale conducted by Exquisite Entities, LLC. Bidders who bid via the Internet acknowledge that they will not be able to physically inspect an item prior to the auction. If a buyer/bidder requires absolute certainty in all areas of authenticity, and the results of his or her evaluation leave any uncertainty in his or her mind whatsoever, we strongly recommend that the prospective buyer/bidder have an expert render an opinion on the lot on his/her behalf or, if that is not possible, do not bid on the item(s)in question. 3. TERMS OF SALE Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer." If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold. In the event of a tie bid, the earliest bid received or recognized wins. Bids properly offered, by Internet, may occasionally be missed or go unrecognized; in such cases, Exquisite Entities, LLC may declare the recognized bid accepted as the winning bid, regardless of whether a competing bid may have been higher. 4. EXECUTION OF CERTAIN BIDS Exquisite Entities, LLC cannot be responsible for your errors in bidding, so carefully check that every bid is entered correctly. When identical mail bids are submitted, preference is given to the first received. To ensure the greatest accuracy, your bids should be received at least two business days before the auction start. 5. EXQUISITE ENTITIES, LLC AS AGENT Exquisite Entities, LLC acts as an agent for the seller, unless otherwise indicated in this catalog or at the time of auction. On certain occasions, Exquisite Entities, LLC or its principals may own a lot, in which case we will act in a principal capacity as a consignor, or may have a legal, beneficial or financial interest in a lot as a secured creditor or otherwise. Exquisite Entities, LLC has the right to sell certain unsold items after the close of the auction. Such lots shall be considered sold during the auction and all of these Terms and Conditions shall apply to such sales, including but not limited to the return rights and disclaimers. 6. ALL PROPERTY SOLD "AS IS" All items (lots) are sold "as is and where is." Exquisite Entities, LLC, its agents, affiliates, employees, and the consignor (seller) do not warranty any lot to be merchantable or to be suited for any purpose and they do not assume risk, liability or responsibility for any person as to AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. These conditions may not be altered or modified except by an instrument in writing, signed by Exquisite Entities, LLC and the buyer. All sales are final except as noted in 15, AUTHORSHIP WARRANTY & RIGHT OF RESCISSION. 7. CATALOG DESCRIPTIONS AND CONDITION REPORTS Condition Reports for any given lot, if available, may be found on Live Auctioneers. Condition Reports are provided as a courtesy and are based solely on opinion and observation of Exquisite Entities, LLC and its' staff and no warranty is expressed or implied concerning an item's quality, rarity, importance or merchantability. As well, they reflect expectations subject to the given age of the given lot. Condition Reports carry no guarantee, implied or otherwise, of their correctness. Existence of a Condition Report for a given lot does not presume that all aspects of a particular lot have been analysed. While every reasonable effort is made to respond to all requests for condition, due to the volume of such requests, Exquisite Entities, LLC cannot guarantee that all requests will receive a response. Should a prospective bidder have any questions concerning the condition of a particular lot prior to the auction, and should those questions remain unanswered prior to bidding, Exquisite Entities, LLC strongly recommends that a bidder not bid on the item or items in question. Every reasonable effort is made to ensure the correctness of all catalog descriptions, however, the knowledge of Exquisite Entities, LLC in relation to each lot is often partially dependent on information provided to us by the seller, and Exquisite Entities, LLC may not be able to and does not carry out exhaustive due diligence on each and every lot. Prospective bidders/buyers acknowledge this fact by bidding accordingly and accept responsibility for carrying out inspections to satisfy themselves as to the lots they are interested in purchasing. From time to time, catalog changes and/or addendum will be issued prior to an auction. Exquisite Entities, LLC makes every effort to upload these changes to our online catalog, however, prospective bidders are encouraged to ask about any such changes prior to bidding. 8. DISCLAIMERS AND EXCLUSIONS Exquisite Entities, LLC does not guarantee clocks, watches, mechanical banks, scientific instruments, electric lamps, music boxes, automated musical instruments, automatons, and other mechanical or electrical items or devices to be in working condition. Exquisite Entities, LLC disclaims all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1900 and, when no artist, author, or person is so identified, works attributed to a period which includes any date prior to 1900 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate. Exquisite Entities, LLC does not guarantee the names or patterns of any rugs, Oriental or otherwise. All dimensions given in the catalog are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate and are not guaranteed. 9. CONDUCT OF THE ONLINE AUCTION Unless otherwise indicated, each lot is offered subject to a reserve, which is the confidential minimum selling price agreed upon by Exquisite Entities, LLC and the seller. The reserve is usually set below the estimated range, and typically below the low estimate. The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale if the auctioneer believes there may be an error or dispute and take such other action as auctioneer deems reasonably appropriate. The auctioneer will commence and advance the bidding at levels and in increments considered appropriate (see also BIDDING INCREMENTS). In order to protect the reserve on any lot, the auctioneer may place one or more bids on behalf of the seller up to the reserve without any indication of doing so, either by placing consecutive bids or bids in response to other bidders. The sale will be conducted in US dollars and payment is due in US dollars. Subject to the auctioneer's reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and buyer. Risk and responsibility for the lot passes to the buyer as set forth in Section 20 below. If a lot is not sold, the auctioneer will announce that it has been "passed", "withdrawn", "returned to owner", "bought-in", or went "unsold". 10. BIDDING INCREMENTS Exquisite Entities, LLC reserves the right to reject any bid for any reason. Please Note: We will automatically reduce your bid to the closest increment if your bid falls outside the published range of increments. For specific bidding increments, please refer to the current auction as posted on Live Auctioneers, as bidding increments may change from time to time, depending on the auction. 11. PAYMENT FOR PURCHASES Payment in full is due within seven (7) days of receiving their final invoice. Please remember that in addition to the cost of an item, bidders/buyers will have to pay additional shipping charges, and any and all applicable state and local taxes, unless appropriate permits are on file with the auctioneer. Residents of Louisiana are subject to a 5 % state tax added to the purchase price. Exquisite Entities, LLC will email successful buyers/bidders an invoice within (3) working days upon completion of the auction. Payment details and corresponding contact information will be provided at that time. Exquisite Entities, LLC only accepts payment through Liveauctioneers.com payment platform for purchased lots.(For further details please refer to Liveauctioneers.com payment platform regarding terms and conditions.) Please note: Our bank does not have a SWIFT code. If you choose to make an international wire transfer there will be an additional USD $80.00 charge for incoming international wire transfers and an additional USD $ 50.00 for domestic incoming wire transfers. Please note: post-auction commissions and private treaty commissions are calculated at a rate of 15% of the gross price agree between the buyer and seller payable to Exquisite Entities, LLC. at the time of purchase. 12. SHIPMENT OF PURCHASES All successful purchases shall be paid in full before any item is released. All shipping and any related costs are the responsibility of the purchaser. Exquisite Entities, LLC, will obtain a shipping quotation which will include the price of packaging or crating, transportation and insurance costs (Shipping Costs) to all successful bidders, unless otherwise requested. The quote for the shipping costs will be communicated by separate email. Successful bidders who require an item or items to be shipped independently of Exquisite Entities, LLC, may request a list of local shipping and moving companies. Exquisite Entities, LLC Galleries has no affiliation with any of these companies and does not endorse any of them. Bidders hire shippers at their own risk. Prospective bidders are also encouraged to contact their shippers for packing and transport quotes prior to bidding, and should be aware that these costs may include fees for pick-up, materials, packing, insurance and transport. Exquisite Entities, LLC, will provide a complementary transportation / drop-off service to local UPS, USPS, and Federal Express upon client request. For further details, please contact your shipper(s) of choice. PLEASE NOTE: ALL DOMESTIC SHIPPING WILL BE WITH USPS, FEDEX OR UPS AND WILL BE SHIPPED SIGNATURE AND TRACKING NUMBER AND ALL INTERNATIONAL SHIPMENTS WILL BE SENT BY FEDEX OR UPS INTERNATIONAL PRIORITY SIGNATURE REQUIRED GUARANTEED DELIVERY WITH A DOOR TO DOOR TRACKING NUMBER AT THE BUYER'S EXPENSE. If any additional certification, for example, a CERTIFICATE OF ORIGIN for export / import is requested we will try to assist the buyer at the buyer's expense to have the documentation prepared. The minimum charge for this service is USD $ 100.00 and may or may not include services such as notary services, Chamber of Commerce verification and each instance is subject to review and consent of both the buyer and Exquisite Entities, LLC. International Bidders: YOU ARE RESPONSIBLE FOR MEETING ALL CUSTOMS/IMPORT-EXPORT REGULATIONS. WE CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS. 13. RISK OF LOSS In the event that Exquisite Entities, LLC cannot deliver an item to a buyer due to loss from fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser. 14. AUCTION PRE-SALE ESTIMATES AND RESERVES A range of estimates may be given on lots with a low and high estimate. Estimates should not be relied upon as a prediction of the actual selling price of any lot but are merely an opinion rendered by Exquisite Entities, LLC as to the possible value range within which an item (lot) might be expected to sell. The actual selling price of a lot may be higher or lower than the estimates. 15. AUTHORSHIP WARRANTY AND RIGHT OF RESCISSION Notwithstanding any of the preceding conditions, if within 14 days of the date of sale of any lot (excluding those designated with any qualifying phrase, such as "Attributed to", "After", "School of", "Manner of", "Studio of", "Circle of", or "Bears Signature" or any phrase that specifically denotes that the lot in question has not been authenticated by an expert or body of experts and/or is not accompanied by a letter or certificate of authenticity), the original purchaser (a) notifies us in writing that the identification of authorship of such lot is not substantially correct based on a fair reading of the catalog, including any terms of glossary contained therein, and (b) within 7 days after such notice returns the lot(s) to us in the exact same condition as at the time of sale, and (c) establishes the allegation in the notice to our satisfaction (typically this may require the Purchaser to obtain the written opinion of two recognized experts in the field who are mutually accepted by Auctioneer and Purchaser. Such experts cannot be art dealers or gallerists or specialists working for other auction houses) the sale of such lot will be rescinded and the original purchase price will be refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, expressed or implied, obligation or responsibility with respect to any lot. Consignors agree to refund Exquisite Entities, LLC any and all payments made to consignors for any property returned to Exquisite Entities, LLC under the terms of its rescission-of-sale policy. 16. INTERNET BIDDING Timed internet bidding is available on Live Auctioneers (www.LiveAuctioneers.com) and is convenient, seamless, and easy to use. CREDIT APPROVAL FOR INTERNET BIDDERS: Internet bidders are required to provide valid name, address, telephone number, and email address and at times a U.S. bank reference or credit card (with corresponding expiration date and CVV/CVC number) to Live Auctioneers in order to be approved for bidding. Potential bidders not meeting these criteria will be approved on a case-by-case basis. 17. BUYER'S RESPONSIBILITY On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor (seller) to the purchaser, subject to all the conditions set forth herein, and purchaser thereupon a) assumes full risk and responsibility therefore, b) will sign a confirmation of purchase thereof, and c) will thereupon pay the full purchase price therefore or such part as we may require. "Purchase Price" shall include the hammer price and any and all applicable sales, use, excise, or other taxes. Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following receipt of an auction invoice from Exquisite Entities, LLC. 18. NONPAYMENT OF PURCHASES If any applicable conditions herein are not met or complied with by the purchaser in addition to other remedies available to us and the consignor (seller) by law, including without limitation the right to a) hold the purchaser liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser or b) resell the property at public auction, and the purchaser shall be liable for any deficiency, costs, including handling charges, the expenses of both sales, or commission on both sales at 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. As between Exquisite Entities, LLC and the consignor (seller), if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the consignor and not Exquisite Entities, LLC. 19. EXPORT, IMPORT AND ENDANGERED SPECIES LICENSES AND PERMITS Prospective buyers/bidders are advised that certain licenses and/or permits may be required in order to export an item from the United States or to import it to another country. Prospective buyers should make their own inquiries about such licenses and permits prior to bidding and are further advised that they should familiarize themselves with relevant export and import regulations of the countries where they may be shipping to or from. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. Failure to obtain a license or permit will not justify the cancellation of a sale. 20. LIMITATION OF LIABILITY In no event will the liability of Exquisite Entities, LLC to any purchaser with respect to any item (or auction lot) exceed the purchase price actually paid by such purchaser for such item. Exquisite Entities, LLC and the seller shall not be liable to the buyer for any loss or damage beyond the refund of the purchase price referred to above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law. Exquisite Entities, LLC will not refund any shipping and/or handling fees paid to a third party by the purchaser. All warranties other than the Authorship Warranty and any that may be contained in the ADDITIONAL TERMS AND CONDITIONS: FINE ART section, express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by Exquisite Entities, LLC and the seller to the fullest extent permitted by law. 21. COPYRIGHT Regarding fine art reproduction rights and copyrights held by artists and/or their estates, trusts, etc., Exquisite Entities, LLC and the seller make no representations or warranties that the buyer of a lot will acquire any copyright or any other reproduction rights. 22. LAW AND JURISDICTION The parties' respective rights and obligations under these Terms & Conditions of Sale shall be governed and interpreted by these terms and conditions and by the laws of the State of Louisiana (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 Exquisite Entities, LLC in connection with the transactions contemplated by this agreement shall be brought and heard, and/or filed in the appropriate forum in the city and parish of Rapides, in the courts of the State of Louisiana 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. 23. RESOLUTION OF DISPUTES Purchaser agrees that any dispute arising from or in any manner connected with their purchase shall be submitted to arbitration under the rules of the American Arbitration Association. All parties shall bear their own costs, including attorney's fees in the presentation of any arbitration. ADDITIONAL TERMS AND CONDITIONS FOR FINE ART AUTHENTICATION AND PROVENANCE OF ATTRIBUTED LOTS (and/or lots described as "after" or "in the manner of"): Exquisite Entities, LLC is not a recognized authority on works of fine art and we typically do not submit works to any expert or committee of experts for review or forensic examination. We believe that authentication is not an exact science. Contrary opinions (some favorable and some unfavorable) may exist and any lot may or may not be considered authentic, depending on the opinion of the examining expert or specialist. The signature, style, and composition of the attributed works we offer seem absolutely correct in our opinion and are similar to pieces of known authenticity and provenance which we have either seen or sold, although neither we nor the consignor can guarantee that an attributed lot is wholly or partly by the artist to whom it is attributed. REGARDING PROVENANCE, we often must rely on information provided to us by the consignor, family records or documents, estate papers, and/or other third parties. If you have questions about a lot's provenance, please ask them prior to bidding. Unless stated otherwise in a lot's description, no documents, letters or certificates of authenticity, or additional information concerning provenance will accompany any lot. We do not obtain written affidavits from consignors regarding provenance, so we not warranty provenance. Demonstrable provenance can be an important factor in determining authenticity, thus bidders are advised not to rely the stated provenance of a lot in making their bidding decisions. Statements by Exquisite Entities, LLC regarding the condition of objects are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation, warranty, or assumption of liability by Exquisite Entities, LLC . All lots offered regardless of a condition report are sold "AS IS".