Terms Of Sale
Pierre Anthony Galleries (Hereafter referred to as ?the Gallery? "we" "us" or "our"). Phone: 561-832-0556, Fax 561-832-1900.
By bidding via Internet you agree to be bound by these Terms of Sale. If you have any questions after reading the Terms of Sale, please contact Elizabeth Bonan for general questions and Robert Fenelon for technical questions or questions pertaining to condition at 561-832-0556.
Each item of property (a "Lot" or "Lots") in this catalogue is offered for sale subject to these Terms of Sale. No other communications, in writing or orally, by any employee of the Gallery is intended to be binding, and such other communications are made for informational purposes only.
2. Catalogue Descriptions
ALL LOTS DESCRIBED IN THIS CATALOGUE ARE SOLD ?AS IS" EXCEPT AS EXPRESSLY STATED OTHERWISE. Our catalogue descriptions for Lots are expressions of our opinion only. All measurements listed in the catalogue are approximate. We recommend that you inspect the condition of a Lot prior to bidding at auction to ensure your satisfaction with condition. THE GALLERY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR PURPOSE EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SALE. Catalogue illustrations may not be to scale or reflect the depicted Lot's actual size.
The Gallery retains all rights to photographs and other intellectual property contained in this catalogue.
The Gallery reserves the right to withdraw a Lot from the auction for any reason and with no liability whatsoever for such withdrawal.
4. Condition Reports and Pre-Auction Viewings
Condition reports are rendered as opinion by the staff of the Gallery and/or independent consultants and not as statements of fact. We do not guarantee the content of written or verbal condition reports. If you would like additional information, please call 561-832-0556, or e-mail requests to firstname.lastname@example.org.
The estimates provided in this catalogue are neither a representation nor a prediction of the sale price that will be realized at the auction, price realized at a post-auction sale, or price realized upon resale, which may be substantially different from our estimates in this catalogue. We shall not be liable for any discrepancies between our estimates and a price realized.
6. Qualifying to Bid
As a security measure, all bidders must establish credit. You will be asked to furnish identification and a valid credit card number, and an initial deposit in the form of a pre-authorization hold equal to 10% of the low estimate of the total number of Lots on which you are bidding. If you are a successful bidder and do not remit payment as specified, the amount owed will be charged to your credit card together with such charges set forth in these Terms of Sale. If you have any questions, contact Robert Fenelon at 561-832-0556. Bidding Numbers: All bidders must register and receive a bidding number from liveauctioneers.com prior to bidding at the auction.
7. Internet Bids
The Gallery has engaged the services of liveauctioneers.com. Please obtain all necessary information on how to bid and buy online using this platform from liveauctioneers.com. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE GALLERY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ONLINE PLATFORM.
Bids left with the online bidding platform are released to the Gallery when a Lot comes up for sale. Such bids are considered received by us at the time they are released to us by the online bidding platform.
A reserve is the confidential minimum price established by the Gallery. The reserve will never exceed the low estimate of a Lot.
9. Auction Results
Final auction results will be available as soon as the Gallery has verified all sales/bids on the Wednesday following the auction.
10. Invoicing, Buyer?s Premium and Sales Tax
All successful bidders will be sent invoices by e-mail or mail (if we do not have an email address on file) within three business days following the auction.
We charge a Buyer?s Premium on each Lot sold in the amount equal to: 20% of the successful bid price.
The Gallery will collect Florida sales tax on all Lots picked up from the Gallery premises in Florida or shipped to a Florida address unless a valid resale certificate is presented at the time of payment or pick-up.
11. Payment of the Purchase Price and Transfer of Title
The successful bidder price, the Buyer's Premium and any applicable surcharges or fees and taxes shall be added together to comprise the total purchase price for each Lot (the "Purchase Price"). Payment of the Purchase Price in full is due immediately upon your receipt of our invoice. If payment is not received in full within ten (10) days, the Gallery reserves the right to impose interest at a rate of 1.5% per month prorated from the date of auction.
Upon our receipt of payment in full in good and clear funds from you, title to a Lot transfers to you. If you make payment by check, title shall not transfer to you until the check has cleared.
12. Methods of Payment and Credit Card Processing Fee
Credit Card. Check. Wire Transfers. NOTE: A 2% surcharge will be added for payments made by Visa or Mastercard.
Buyers can pay by credit card by calling the Gallery directly at 561-832-0556, or in person at the Gallery.
13. Transfer of Risk of Loss
Risk of loss shall transfer to the Buyer upon your pick-up of a Lot or the 14th day after the auction, whichever is earlier. We are not responsible for any damage or loss that occurs to the Lot past such dates.
14. Pick-Up Requirements, and Storage Fees
All Lots must be removed from the premises of the Gallery no later than fourteen (14) days after the auction.
If Lots are not removed within twenty (20) days after the auction, you will thereafter be assessed a $10.00 per Lot storage charge per day beginning fourteen (14) after the auction. We may then, in our sole discretion, remove any Lot to public storage at your risk and expense. All associated charges with such public storage will be charged to you and must be paid prior to our release of a Lot to you. Uncollected Lots after thirty (30) days following the auction will be sold or donated.
If you choose to pick up a Lot from the Gallery following the auction you must call 24 hours in advance to arrange pick-up, and call again 30 minutes prior to confirm pick-up. Regular hours for pick up are Monday ? Saturday, from 9:00 a.m. to 5:00 p.m. Please bring your own packing materials.
If you choose to ship a Lot from the Gallery you are solely responsible for the shipment. We will work with any shipper of your choosing. Please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs once the Lot is in the care of another party such as you or your shipper. All international customs, duties, and other tariffs are your responsibility. The Gallery and all third party shippers will declare the sales price plus the Buyer's Premium as the insured value of a Lot in all cases.
16. Export and Import
The Gallery makes no representations or warranties as to whether any Lot is or is not subject to export or import restrictions or any embargoes and will have no responsibility with regard to these matters.
17. Failure to Make Payment
If you fail to make payment, we shall charge you interest at the rate of 18% per annum from the date of the auction.
In addition to other remedies available to the Gallery by law, the Gallery may, at its option:
* i. Cancel the sale of any Lot for which payment by you has not been made or for any Lot for which you have made partial payment and retain all payments made by you for such Lots as liquidated damages;
* ii. Resell any Lot for which payment by you has not been made, whether at public auction or private sale; or
* iii. Pursue any combination of i) and ii) above.
18. Governing Law and Forum for Disputes
The laws of Florida shall govern the Terms of Sale and our auction. Any disputes that may arise in connection with this auction or any sale shall be governed by and construed in accordance with Florida law. You agree to submit to the jurisdiction of the courts of the State of Florida with respect to any dispute arising in connection with this auction and/or any sales. You agree that the Federal and State courts sitting in Florida shall have exclusive jurisdiction over any claims asserted by you against the Gallery in connection with this auction and/or any sales. You further agree that the Gallery may, in its sole discretion, assert any claims it has against you in connection with this auction and/or any sales in any Federal or State courts sitting in Florida or in any other jurisdiction where you or assets owned by you may be found. In the event that the Gallery brings an action to enforce the Terms of Sale and/or to collect any sum due and owing to it, the Gallery shall be entitled to collect (in addition to any other amounts it is owed) its reasonable attorney?s fees, collection agency fees, and cost of suit from you.
19. Severability and Waiver
If any provision of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.
20. No Assignment
Unless the Gallery consents in writing, you may not assign your rights or any of your obligations hereunder.
21. No Modifications
These Terms of Sale may not be changed unless the Gallery and you have agreed to do so in a written agreement signed by both parties.
These Terms of Sale shall apply to both the auction and private sales.
Paragraph and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.
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