Clara Franks Early New England & Victorian

The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Dallas Auction Gallery, Ltd. (“DAG”) and any consignor of such property for whom DAG has acted as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale.

TERMS & CONDITIONS OF SALE


1. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. DAG at-tempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the cata-log or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. We do not give refunds! All sales are final!
2. All property is sold “AS IS, WHERE IS” and neither DAG nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, au-thenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on DAG’s part as to the validity of any bid, the auctioneer will have the 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, DAG's sale record is conclusive.
4. The purchaser assumes full responsibility for items at the fall of the hammer.
5. As a convenience to customers, absentee bids and phone bids will be executed by DAG personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. DAG will not be responsible for failure to execute absentee or phone bids.
6. There will be a premium of 12% (15% for Internet bidders) added to the hammer price of each lot and it will be considered part of the total pur-chase price.
7. All purchases will be subject to an 8.25% Texas sales tax unless the purchaser possesses a valid tax exempt number. DAG must have a blanket exemption certificate with permit number and signature on any tax exempt sale. No Exceptions!
8. All items purchased in person must be paid for in full on the date of the auction, in cash, personal or company check with proper ID, cashiers check, travelers checks, or by MasterCard, Visa or American Express. Items purchased in person at the auction and not paid for the day of the auction will be charged to your credit card the following morning.
Unless prior arrangements have been made with management:
• Successful phone bidder’s purchases will be charged to their credit card on the day following the auction.
• Successful absentee bidder’s purchases will be charged to their credit card 24 hours after notification from DAG.
• Successful Internet bidder’s purchases will be charged to their credit card 24 hours after receiving an invoice from DAG.
9. The auction house reserves the right to hold property until checks clear. Purchasers intending to purchase expensive lots should discuss payment prior to day of sale.
10. Arrangements for shipping and storage should be made prior to the auction and will be at the purchaser's expense. All property shall be removed from our premises at the purchaser's expense not later than 6:00 p.m. of the fifth business day following the date of the sale. Items not removed by the specified time and date will be assessed a handling fee of $25.00 per item per day until removal, payable to DAG. Please Note – Removal deadlines are strictly enforced.
11. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.
12. Some of the lots in this sale may be offered subject to a reserve. The reserve is a confidential minimum price agreed upon by a consignor and DAG be-low which the lot will not be sold. A representative of DAG will execute such reserves by bidding for the consignor. After a lot has been auctioned, but has failed to sell because it has not reached the reserve, DAG, at its discretion, may reveal the reserve to prospective post-sale purchasers. Consignors shall not be permitted to bid on their own items.
13. DAG reserves the right to withdraw any lot at any time before the auction without liability.
14. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.
15. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.
16. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limi-tation the right to hold the purchaser liable for the total purchase price, DAG at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.
17. These terms and conditions of sale, as well as the respective rights and obligations of DAG and any purchasers or bidder at any sale of DAG, shall be gov-erned by and construed and enforced in accordance with the laws of the State of Texas.
18. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or en-dorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.