Holiday Auction of Photographs

Keith de Lellis Gallery has been dealing in fine art vintage photography since 1997 in New York City. The gallery exhibits the work of American and European photographers and sells to museums, private collectors, corporate collectors, as well as other galleries. We have an office and exhibition space in the Fuller Building in Manhattan at 41 East 57th Street, Suite 703. Keith de Lellis Gallery, LLC. (Hereinafter also Gallery and Auctioneer or Seller). Terms and Conditions of Sale of its inaugural online auction of photography to take place on LiveAuctioneers platform on November 12, 2020 at 2:00PM Eastern Time. 1. Bidders Bound by These Terms and Conditions of Sale set forth here are the complete and only terms and conditions on which all property is offered for sale. By registering and/or bidding on LiveAuctioneers or by written absentee or telephone bid, or by any other means, the buyer agrees to be bound by these Conditions of Sale. 2. Sole Remedy for buyer in event of a dispute or any other issue. The buyer's sole remedy under these Terms and Conditions of Sale shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. 3. Right to Withdraw Lots, Errors and Omissions. Gallery reserves the right to withdraw any property at any time before the auction and shall have no liability whatsoever for such withdrawal. Offerings in this catalog are subject to errors or omissions in descriptions. 4. Hammer Price. The hammer price is the price at which a lot is sold or hammered down by the Auctioneer. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon immediately assumes full risk and responsibility, and will within 72 hours pay the full Purchase Price therefor. 5. Purchase Price. The purchase price paid by the winning bidder is the aggregate of (a) the hammer price, (b) a Buyers Premium of 20% plus any applicable tax, shipping, handling and processing including applicable New York state tax in the amount of 8.875% of the entire purchase price. New York state and local taxes will be collected except where sold to a purchaser outside of New York and shipped to the purchaser or the purchaser has a valid New York resale license and provides such documentation to Keith de Lellis Gallery. A 3% processing fee will be added to any invoice that is being paid via Credit Card or Live Auctioneer credit card payments. 6. Dispute Between Bidders. If any dispute arises between two or more bidders, the Auctioneer may decide the sale or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the Auctioneer shall be final and absolute. The Auctioneer reserves the right to reject any and all bids. Live Auctioneers bids are executed with and against outside competing telephone and absentee bids. In the case of ties, the auctioneer has sole and final discretion to determine the successful bidder. In the event of any dispute between bidders or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in every respect. 7. Withdraw Lots. Gallery reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 8. All Lots Sold ?AS IS?. Neither the Gallery nor Auctioneer nor Consignor make any express or implied warranties or representations with respect to the property or correctness of the advertisement, catalog, Lot descriptions and any other medium used to announce this auction or any other description of the physical condition, attribution, provenance, genuineness, description, condition of the property, estimate of value, quality, importance, size or authenticity of the property offered and described either online or via telephone, text, email or any other communication. 9. Condition: A condition report may be obtained by viewing the online catalog, or you may contact the Gallery. Not withstanding any condition reports or catalog descriptions provided, all lots are offered and sold AS IS In most cases, we describe the quality of the impression of the print. We have never seen perfect prints as they can have wipe marks and abrasions made by the photographer etc. 10. Estimates: Keith de Lellis would describe estimates based on being a retail gallery for over 20 years. High Estimate: Gallery Retail Low Estimate: This would be a Gallery bulk purchase price or in some cases dealer wholesale price. Starting price: Bulk purchase price. 11. Copyright: Neither the Gallery nor Auctioneer nor Consignor make any representations whatsoever that the Purchaser of a work of art will acquire any reproduction rights thereto and copyright to work. Purchaser?s ownership of the work shall remain subject to the copyrights of the artist. 12. Amending Catalog, Entire Agreement: This on-line catalog may be amended 2 hours before posting time and represents Keith de Lellis Gallery LLC (Gallery) entire agreement with any and all Purchasers of the property listed herein. 13. Absentee Bids: Absentee bids for Auction Lots will be executed by the Gallery on behalf of the Client during the auction. The Gallery shall not be responsible for any errors or omissions or failure to execute such absentee bids. To reduce the chance of error, the Gallery requests the Client make absentee bidding arrangements as soon as possible. Every effort will be made to carry out the bidder's instructions, but Keith de Lellis Gallery shall in no event be responsible for failing correctly to carry out instructions, and Keith de Lellis Gallery reserves the right to decline to undertake such bids. 14. Telephone Bid: Telephone Bidding is a convenience to Gallery clients who are unable to attend the auction. A limited telephone bid service will be offered as staff and time allow. The Gallery shall not be responsible for any errors or omissions or failure to execute such telephone bids. To reduce the chance of error, the Gallery requests the Client make telephone-bidding arrangements as soon as possible. 15. Credit Card for Telephone and Absentee Bids; A valid major credit card number will be required in order to execute telephone or absentee bids. 16. Credit: Absentee and Telephone Bidders whose credit is unknown to Keith de Lellis Gallery must submit a Credit Card deposit of 25% of their maximum bids. If successful, the deposit will be applied to the purchases; if unsuccessful, the deposit will be returned. 17. Institutional Buyers may make separate payment arrangements to coincide with their fiscal year planning. These arrangements must be discussed and approved prior to the auction. 18. Terms for all Purchases: Accepted payments are cash, wire transfer, personal check, Visa, Mastercard, American Express and LiveAuctioneer. Payments by credit card and LiveAuctioneer will be charged a 3% additional processing fee. Unless exempt by law, the Purchaser will be required to pay any and all applicable New York state taxes. In the event of deliveries outside of New York, it is the Purchaser?s responsibility to pay any compensating use tax of another state on the purchase price. All monies shall be made payable to Keith de Lellis Gallery, LLC. At the Gallery?s discretion, payment will not be deemed to be complete until funds represented by checks or credit cards have been processed by Seller?s bank, usually within 1-3 days. 19. In House Shipping: The Gallery has in house shipping available. Flat rate shipping and transit insurance is noted on each Lot for shipping in the lower 48 States of USA. Shipping costs to Alaska, Hawaii and foreign countries will be quoted individually. Buyers are responsible for all taxes, customs fees and VAT that may apply to their purchase and shipment. Please provide a correct street address, email address and telephone number for our shipper in order to expedite the receipt of your purchase. Items not removed or shipped from our warehouse after 30 days will be subject to a storage charge. Shipment generally occurs within ten business days after payment has been received. 20. Pickup at the Gallery is available by appointment beginning September 25, 2020. Buyers may make their own arrangements for shipping with pick-up at the Gallery by their designated shipping agent. Miscellaneous Provisions: 21. Authenticity of Work Return: A condition report may be obtained by viewing the online catalog or by contacting the Gallery. Notwithstanding any condition reports or catalog descriptions provided, all lots are offered and sold AS IS in accordance with paragraph 3 of the Procedures, Terms and Conditions of Auction. However, if within 21 calendar days after the receipt of the purchase of any lot, as long as the art was received within 30 calendar days of the Auction date, the purchaser provides two opinions by recognized authorities on the artist, and gives notice in writing to the Gallery that the lot is not authentic, and within 7 calendar days of such notice the purchaser returns the lot to the Gallery in the same condition as when sold, the Gallery will refund the full purchase price. 22. Limitation of Rights. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 23. Remedies: These Procedures, Terms and Conditions of Auction and any other applicable conditions, as well as the Purchasers and Gallery?s rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the State of Arizona. Purchases that have gone unpaid twenty (20) business days after the sale are subject to any or all of the following including without limitation the right to hold the Purchaser liable for the purchase price stated on the invoice, either (a) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser or (b) resell the property privately or at public auction on three day?s notice to the Purchaser for the payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the commissions, attorney?s fees, any and all other auction-related charges due and incidental damages. In the event of a default, the Gallery reserves the right to charge the Purchaser?s credit card on file in the full amount owed as stated on the invoice. 24. Bull Payment: In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred. Each buyer must pay for the whole of his purchases before any lot can be removed. 25. Not Assignable: The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified. 26. Misc: Dimensions are given in inches, with height preceding width in all cases. Illustrations in the catalogue are for identification only and should not be used as a basis for determining the condition of the lot. First Date used in the lot description entries refers to the creation of the negative or original electronic capture; a second date indicates the approximate print date. The term ?signed? means that, in our opinion, the signature is by the artist.