Asian Works of Art & Varieties Sale

Terms and Conditions of Sale For Hanady’ Auctions & Antiques The property offered and sold through Hanadys Auctions & Antiques public auctions shall be offered and sold to the terms and conditions set forth below by this Agreement.. This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By bidding at the auction you are responsible as for your part regarding, online, absentee or phone bid. PROPERTY SOLD AS IS. Except as expressly stated below in the LIMITED RIGHT OF RESCISSION, all Property is sold as is, where is, with all faults. Neither Hanadys nor any consignor makes any guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalogue or any other description of the Property. In no event shall Hanadys or the consignor be responsible for the correctness, nor be deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation. ALL ITEMS ARE SOLD AS-IS PLEASE YOUR BEST JUDGMENT FOR FINAL RESULTS. LIMITED RIGHT OF CANCEL. With regard ONLY to descriptions of fine art in which a specific artist is named as the artist, all information contained in the catalogue concerning the authenticity of said Property is guaranteed for a period of 30 days from the date of the sale. If, within that 30 day period, Buyer has complied with all Terms and Conditions of Sale regarding timely payment and collection of said Property and would like to dispute the authenticity of said Property, Buyer can submit, at his own expense, two written professional opinions regarding authenticity by recognized authenticators, jointly approved by both Hanadys and Buyer. In the event said Property is judged inauthentic by both expert authenticators, said Property may be returned if it is in the same condition as at time of sale and the Buyer?s full purchase price will be refunded. Refunds shall not include cost of transportation, insurance or other expenses that Buyer may have incurred. This limited right of rescission is available only to the original auction Buyer and does not extend or transfer to any subsequent owner, heir, agent transferee or any other third party. WITHDRAWAL OF PROPERTY. Hanadys reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute. COPYRIGHT AND REPRODUCTION RIGHTS. Hanadys and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. Hanadys expressly reserves the right to reproduce any image of the Property sold in the catalogue. The copyright in all images, illustrations and written material produced by or for Hanady’s relating to Property, including the contents of the catalogue, is, and shall remain at all times, the property of Hanadys and shall not be used by the Buyer, nor by anyone else, without Hanady’s prior written consent. EXAMINATION OF PROPERTY. All Property is available for examination prior to bidding. The Buyers bidding signifies that the Buyer has examined the Property as fully as desired or has chosen not to examine the Property. Hanadys recommends that prospective bidders examine all items in which they have an interest prior to bidding.PLEASE PREVIEW ALL ITEMS BEFORE BIDDING. RESERVES. Some of the Property in the sale is offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Hanadys below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the low estimates listed. Bidding will begin at a price appropriate in the auctioneers discretion. The auctioneer always reserves the right to withdraw Property for any reason he deems appropriate. ORDER OF BIDS. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue. Hanadys reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots. ABSENTEE AND PHONE BIDDING. Absentee and phone bidding are permitted by prospective bidders who cannot be present at the auction. Please complete the Absentee Bid and/or Phone Reservation form. HIGHEST BIDDER. The highest bidder as determined by the auctioneer shall be the Buyer. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or reoffer the Property for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. At such time as the auctioneer has declared Property sold to a given Buyer, said Buyer thereupon assumes full risk and responsibility for the Property, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyers Premium, therefore or such part, upon such terms as Hanadys may require. PAYMENT. Payment is due within 7 business days. Payment must be made by cash, approved check, or wire transfer. We also accept Visa, MasterCard, Discover and Paypal for invoices totaling under $2,000. Credit card transactions will not be accepted for international clients. Hanadys reserves the right to require bank checks for purchases over $5,000. Personal checks will be acceptable only if credit has been established with Hanadys or if a bank authorization has been received guaranteeing a personal check. Hanadys reserves the right to hold Property purchased by personal check until the check has cleared the bank. Buyer agrees to pay Hanadys a handling charge of $25.00 for any check dishonored by the drawee. Hanadys reserves the right to not issue a Buyers number or to withhold merchandise if appropriate credit has not been established. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. Any bidder that plans on spending in excess of $100,000 should make arrangements with the Hanadys accounting department at least five (7) days in advance of the sale, as a deposit may be required to participate. All Property purchased must be paid for no later than 5 pm EST on the seventh business day following the sale. BUYERS PREMIUM. A 25% buyer's premium will be added to the hammer price on each lot sold on absentee bidding; 28% will be added to lots purchased online. REMOVAL OF PROPERTY. All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. Items not collected or shipped by the 15th day following the sale will incur storage fees at a rate of $5.00 per lot per day regardless of the size or value of the lot. Items not collected by the 30th day following the sale may be sold by Hanady?s or sent by Hanadys to a public warehouse at the sole risk of, and charge to, the Buyer and Hanadys may prohibit the Buyer from participating, directly or indirectly, as a bidder or purchaser in any future sale. No Property may be removed from Hanadys premises until the Buyer has paid in full the purchase price including Buyers premium. Hanadys shall have no liability for any damage to Property left on its premises after the auction. A defaulting Buyer will be deemed to have granted and assigned to Hanadys a continuing security interest of first priority in any Property or money of, or owing to such Buyer in Hanadys possession, and Hanadys may retain and apply such Property or money as collateral security for the obligations due to Hanadys. Hanadys shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code. PACKING AND SHIPPING. Buyer agrees that packing and shipping are done at the Buyers risk and that Buyer will pay in advance all packing expenses, materials, carrier fees and insurance charges. Shipping is the sole responsibility of the Buyer. Hanadys will have no liability for any loss or damage to shipped items. Upon request, Hanadys will provide a list of shippers who deliver to destinations within the United States and overseas. Hanadys also provides shipping on smaller items. Please ask before bidding if in house shipping is available. TAXES. All purchases are subject to Pennsylvania sales tax unless the Buyer possesses a Pennsylvania sales tax exemption number. Exemption numbers from other states are accepted in Pennsylvania if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Pennsylvania exemption number prior to the auction. Buyer is responsible for any and all tariffs, taxes and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyers country. IMPORT/EXPORT RESTRICTIONS. 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 Property 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 said Property. BUYERS BREACH. If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, Hanadys may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale. GOVERNING LAW. These conditions of sale shall be governed by the laws of the Commonwealth of Pennsylvania (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against Hanady’s in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the Commonwealth of Pennsylvania or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and w aives objections that it may now or hereafter have to the venue of any such suit. AMENDMENTS TO TERMS AND CONDITIONS. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No cours e of dealing and no delay or omission on the part of Hanadys in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Hanadys on any future occasion.