American Prints and Drawings

Terms & Conditions By registering and bidding in an auction conducted by The Old Print Shop, Inc., the following are the complete and only terms and conditions on which all property is offered for sale. The Old Print Shop retains the right to bar any Bidder from participating in any auction and to exclude or reject any bid. 1) ACCEPTANCE OF TERMS. Bidding on any item, the Bidder?s agreement to be bound by these Terms and Conditions for Bidders. 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 New York. All Bidders submit to the personal jurisdiction of the State and Federal Courts in New York City. 2) REGISTRATION. All Bidders must register their name, permanent street address (no P.O. Boxes), telephone number and email address to bid in the auction. 3) TERMS OF SALE. 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, will be settled by decision of The Old Print Shop. 4) BUYER?S PREMIUM. The Old Print Shop Auctions charge a 10% Buyer?s Premium. 5) ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. The Old Print Shop retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the Seller of the lot and The Old Print Shop. In the case of reserved lots, the Seller has authorized The Old Print Shop to bid on Seller?s behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. 6) WARRANTIES AND DISCLAIMERS. The Old Print Shop makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after Bidder?s receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer?s sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. The Old Print Shop shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. We strive to catalog every item carefully and describe condition and flaws. Every lot is sold ?AS IS? if the buyer has questions, please ask prior to bidding. The Old Print Shop makes no representation that the buyer will acquire any copyright or reproduction rights. 7) INSPECTION. Prospective buyers are advised to ask questions and are invited to visit the gallery in New York City where they can personally examine any lots in which they are interested prior to the conclusion of the online auction. All lots are available for inspection prior to the conclusion of the online auction. Condition reports for most items can be found online, and prospective Bidders are encouraged to contact The Old Print Shop for additional information regarding the condition of any lot. 8) DEFINITIONS OF AUTHORSHIP: ?By? or ?Maker/Artist? ? in our opinion, the work is by the artist or maker stated. ?Attributed to? ? in our opinion, the work is probably, but not definitely, by the artist or maker stated. ?Signed? or ?Marked? ? in our opinion, the signature or mark is that of the stated artist or maker ?Bearing the signature (or mark) of? ? in our opinion, the signature or mark is probably, but not definitely that of the artist or maker stated. 9) AFTER THE AUCTION BUYER?S RESPONSIBILITY. Upon the closing of the online auction, title to the offered lot shall pass to the buyer and the buyer immediately (a) assumes full risk and responsibility for the lot, including liability for loss or damage and (b) is liable for payment of the Purchase Price (as defined below) to The Old Print Shop. It is the buyer?s responsibility to ask specific questions on condition related concerns prior to the auction. 10) PURCHASE PRICE AND PAYMENT. The ?Purchase Price? for each lot shall equal the hammer price, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Buyers may pick items up in the gallery in New York. Bidders will be invoiced within 5 days after the close of the auction and must pay the full Purchase Price for each purchased lot within 14 days after the date of the auction. No property will be released by The Old Print Shop unless the Purchase Price has been paid in full and the payment has cleared. Payments must be made with cash, personal or credit card or wire transfers. Bidders from outside the continental United States are required to pay via credit card or wire transfer. 11) SALES TAX. Buyers are required to pay any applicable state and local sales tax. Items picked up or shipped within New York State will incur New York State sales tax. If shipped out of state the buyer is required to pay the use tax in the state they are located, The Old Print Shop is not required to collect this. 12) SHIPPING. At the request of the buyer, The Old Print Shop, Inc., will quote shipping. We pack in house carefully. Framed items will incur a higher shipping charge, as we use Air Float shipping boxes and the cost of those boxes must be covered. Shipping is by FedEx ground unless another service is requested. We pack carefully and try to ship as economically as possible. Buyers are required to pay for all packing, shipping, and insurance charges. Overseas duty charges are the responsibility of the successful Bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial. 13) REMOVAL AND STORAGE OF PROPERTY AND CANCELLATION OF SALE. It is the responsibility of the Buyer to remove purchased property. If purchased property has not been removed or The Old Print Shop has not received shipping instructions within 90 days after the auction date, The Old Print Shop may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer and/or resell the property at auction or by any other commercially reasonable means. For the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of The Old Print Shop?s costs, including but not limited to storage and costs of both sales.