Cuban Avant-Garde and Contemporary Art

Terms and Conditions for Kendall Art Center Conditions of Sale Auction Terms & Conditions Bidder and Auctioneer agree that the terms listed below shall govern each auction. All registration information the Bidder provides Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder acknowledges that each auction is conducted electronically and Auctioneer/Seller and Buyer rely on hardware and software that may malfunction without warning. No oral or written statements made in the catalogue, online listing, advertisement, bill of sale, and announcement or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty. We and the Consignor make no representations and warranties, expressed or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights of any property. We and the Consignor are not responsible for errors and omissions in the catalogue, online listings, or any other supplemental material. It is the responsibility of prospective bidders of live and online auctions to inspect the property and/or request a condition report before bidding to determine its condition, size, and to determine if it has been repaired or restored. Please email auction@kendallartcenter.com for a condition report. Kendall Art Center offers description and condition report with the sole purpose of behaving and executing as a third-party selling platform. Therefore, the bidders and Kendall Art Center should understand there's no liability for potential error or misleading information. Any statement or fact in the description and condition report is written and presented as a sole opinion from the auctioneer and auction house. All properties are sold as is and all sales are final. Though all description and commentary are believed to be correct, neither Auctioneer nor Consignor makes any warranties or representations of any kind with respect to merchandise. Buyer shall not rely on the auctioneer, employees, catalog description, or advertisements in any part and must rely only on his own inspection and opinions of all items. Kendall Art Center offers previews and high resolution photos for potential buyers to review and make their own conclusions about the piece. No employee is authorized to make any warranties, expressed or implied, on behalf of Kendall Art Center. Kendall Art Center is not responsible for the research and provenance of each item, and is not responsible for authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made nor sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. All items are offered subject to a reserve, which is the confidential minimum price acceptable to the consignor. During a live auction, the auctioneer may open any lot by bidding on behalf of the consignor and may bid up to the amount of the reserve by placing successive or consecutive bids for a lot or bids in response to other bidders. Online sales may do the same by employing the use of a starting bid which will commence bidding at or below the reserve price agreed to by the consignor. Kendall Art Center reserves the right to withdraw any property before the completion of the sale and will have no liability for doing so. We reserve the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced at a live sale by the auctioneer. Live auction lots will be sold in their numbered sequence unless the auctioneer directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. For live auctions, the auctioneer will have final discretion if any dispute should arise between bidders. The auctioneer will determine the successful bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Kendall Art Center Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, our sale record is conclusive. Kendall Art Center Auction will execute order or absentee bids, and accept telephone bids as a courtesy to clients who are unable to attend the live auctions. Therefore, we take no responsibility for any errors or omissions about this service. Bids placed electronically via Internet may not be withdrawn until Bidder's written request is received and acknowledged by Kendall Art Center Auction; such request must state the reason and may constitute grounds for withdrawal of bidding privileges. Bidder authorizes Kendall Art Center Auction to charge their credit card provided at registration for all items purchased at this auction, and any future Kendall Art Center Auctions the bidder may participate in, if not paid in full within 10 calendar days after the close of the auction. In the event Kendall Art Center Auction has agreed in writing prior to the auction to provide payment terms or an extended period for payment to the bidder, the bidder acknowledges and agrees that they shall have no right, title, or interest in and to any property purchased by Bidder until all amounts owed by the bidder are paid in full. If Bidder fails to comply with the terms of the payment plan or extended payment period, upon the bidder's default, Kendall Art Center Auction shall have the unequivocal right, at its sole discretion, to sell some or all the property on which Bidder was the successful bidder, and to apply the proceeds toward the balance of any monies owed by the bidder to Kendall Art Center Auction. If the monies received through the sale of the items do not meet the bidder's outstanding obligations, Kendall Art Center Auction shall have the right to pursue all remedies available under the law against Bidder pursuant to the provisions set forth herein. If the monies received through the sale of the items exceed the bidder's outstanding obligations, the excess, minus any fees or costs incurred by Kendall Art Center Auctions in connection with and arising out of the sale of the properties, shall be refunded to Bidder. A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. Bidder acknowledges and agrees that a 21% Buyer's Premium will be added to the hammer price on each individual lot. Bidder further acknowledges that they are responsible to pay Kendall Art Center Auctions the aggregate of the hammer price and the Buyer's Premium, plus sales tax if applicable, for such lot(s). All invoices must be paid within 10 calendar days after the close of the auction, unless agreed to by Kendall Art Center Auction in writing prior to the auction. Payments: Checks should be made payable to Kendall Art Center, 12063 SW 131 Ave, Miami, FL 33185. Kendall Art Center Auction invoices include buyer's premium and any applicable sales tax. We accept wire transfer, cashier's checks, personal checks, MasterCard, American Express, Visa, and PayPal payments. Auction items picked up in Florida and all Florida residents will be charged sales tax. Processing fees for credit card payments may apply. Shipping: We ship internationally (worldwide) using UPS, FEDEX, and local shippers. Shipping is not included in the price of your auction item(s). Please provide a postal zip code or postal code with destination city for quote on shipping. Buyer pays all packing, shipping, and insurance costs. Handling fees are never charged. We always work to find the appropriate carrier at the most reasonable rate whatever the size shipment. Work with several large reasonably priced shippers depending on your area. Smaller items are carefully packed with added protection depending on your area and shipped via Federal Express Ground, USPS, or UPS. Successful international Bidders shall provide written shipping instructions, including specified customs declarations, to the Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item(s) hammer price together with its buyer premium and Auctioneer shall use the correct harmonized code for the lot. If purchaser intends to pick up their lots, arrangements must be made on the day of the auction. All property must be removed from our premises by the purchaser at his expense no later than 10 business days following its sale and, if not so removed, a handling charge of 1% of the total purchase price per month from the tenth day after the sale until its removal will be payable to us by the purchaser, with a minimum of 5% of the total purchase price for any property not so removed within 60 days after the sale. Warnings as to bid increments: Bid increments over the current bid level determine the lowest amount Bidder may bid on a lot. Bids greater that one increment over the current bid can be any whole dollar amount. It is possible under several circumstances for winning bids to be between increments, sometime only one dollar above previous increment. Bids will be accepted in whole dollar amount only. $0 - 299.00 $10.00 $300.00 - 499.00 $25.00 $500.00 - $999.00 $50.00 $1,000.00 - $1999.00 $100.00 $2,000.00 - $2999.00 $150.00 $3000.00 - $4999.00 $200.00 $5000.00 - $9,999.00 $250.00 $10,000.00 - $19,999.00 $500.00 $20,000.00 - $29,999 $750.00 $30,000.00 - $49,999 $1,000.00 $50,000.00 - $99,999.00 $2,000.00 $100,000.00 - 1,000000.00 $5,000.00 If the auctioneer for a full increment, Bidder may request Auctioneer to accept a bid at half of the other increment (cut bid), only once per lot. After offering a cut bid, Bidders may continue to participate only at full increments. Off-increments bids may be accepted by the auctioneer at auctions.