Terms and Conditions
All property offered and sold through Cloudswood Auction shall be offered and sold on the terms and conditions set forth below. By bidding at the auction, whether present in person or by agent, by absentee bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.
1. ALL SALES ARE FINAL. ALL PROPERTIES SOLD AS IS. NO CANCELLATIONS. NO RETURNS. NO EXCEPTIONS.
2. An 25% buyer's premium will be added to the hammer price of each lot for all bidders.
3. All purchases (including buyer's premium) will be subject to a Massachusetts State Sales Tax of 6.25%, unless the buyer is an out-of-state resident, and lots are being shipped out of Massachusetts, or if the purchaser has a valid Tax-Exempt Certificate (an actual resale certificate must be presented and on file with Cloudswood Auction).
4. All properties are sold as is, and all sales are final. Neither the auctioneer nor the consignor makes any warranties or representations of any kind with respect to merchandise. Buyer shall not rely on the auctioneer, employees, the catalog description, provenance information and documents, or advertisements in any part, and must rely only on his own inspection, research and opinions of all items: Cloudswood Auction offers high resolution photos for bidders to review and make their own conclusions about the piece. No employee is authorized to make any warranties, expressed or implied, on behalf of Cloudswood Auction. NO GUARANTEE OF PROVENANCE: All provenance information is provided by the Consignors. Cloudswood Auction is not responsible for the research and provenance of each item. Cloudswood Auction is not responsible for authenticity, genuineness of, estimated selling price of, or defects in any lot, and makes no warranty in connection therewith. No allowance will be made, or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold as is and without recourse. NO GUARANTEE OF AUTHENTICITY FOR JADE: Cloudswood Auction does not guarantee the authenticity of the color or age of any jade. All jade will be sold as is, without any warranties. All sales are final in jade purchases, no returns will be accepted. Judgment of such qualities is at the sole discretion of the buyer. NO GUARANTEE OF AUTHENTICITY FOR CHINESE PAINTINGS: Cloudswood Auction does not guarantee any of the lot number descriptions concerning Chinese paintings including authentication, originator, and the date of execution. NO GUARANTEE OF AUTHENTICITY FOR STAMPS, COIN, AND/OR PAPER CURRENCY: Cloudswood Auction cannot guarantee any of the lot number descriptions, provenance, illustrations, and conditions are provided as reference. All items sold as, no returns.
5. All bidders shall obtain a bidding number at least 30 minutes before the start of the auction by presenting a valid photo ID. All bidders shall keep the number under safe custody. The bidding number shall not be lent to any other person(s). Otherwise, the bidder shall bear all the responsibilities associated with the use of bidding number for bidding or any other use.
6. All bidders must provide Cloudswood Auction a credit card to approve requests in case of default by the buyer. By providing credit card information, bidder allows Cloudswood Auction to charge and refund $100 USD to ensure validity of the credit card and store the credit card information under safe custody for future use. Cloudswood Auction reserves the right to charge up to 30% non-refundable deposit fee to customers who make purchases in excess of $10,000, or 10 lots.
7. Successful bidders will receive an invoice by email within 24-48 hours with instructions regarding payment and shipment of the winning items. Cloudswood Auction accepts credit cards up to $5,000, checks, cash, and wire transfers. All payments or settlements shall be made in US Dollars. Buyers can only collect the lots after full payments are made. Should payments be made by check or draft, lots will only be released after bank clearance. Should payments be made by Wire Transfer there may be an additional charge from the bank that receives the transfer. PAYMENT MUST BE RECEIVED WITHIN 14 DAYS OF THE AUCTION. If buyer fails to pay within 14 days, Cloudswood Auction reserves the right to enforce payment by charging the credit card on file for the total amount on the invoice. All property purchased from Cloudswood Auction must be removed within 60 days after the auction date. Cloudswood Auction is not responsible for paid items left for over 60 days after the auction date (unless a prior agreement has been made). Items left after 60 days will incur a $10/day storage fee per item. Once storage fees have exceeded the actual purchase price of the item(s) Cloudswood Auction can exercise the right to re-auction.
8. All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid. The auctioneer is the arbiter of any disputed bid. He may reopen bidding at his discretion and reject bids deemed inappropriate. The auctioneer reserves the right to withdraw any item and to reoffer the item at another time. Every effort is made by the auctioneer to execute all bids, including floor, absentee, and telephone and internet bids. We are not responsible for any missed bids. Cloudswood Auction reserves the right to cancel any sale or bid before, during, and after the auction.
9. Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
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