Etherton Auctions Winter Photography Classics

Etherton Gallery Auctions LLC TERMS AND CONDITIONS ETHERTON GALLERY AUCTIONS, LLC is pleased to present an auction of classic and contemporary photography. Its affiliate, Etherton Gallery, was established in 1981 and has almost 40 years of experience and expertise advising, selling and consulting on vintage, classic and contemporary fine art photography. ETHERTON GALLERY AUCTIONS, LLC Terms and Conditions for the 12:00pm PST/ 3:00pm EST, March 20, 2021 sale of “Winter Photography Classics” on the liveauctioneer online platform, follow below. 1.Bidders are Bound by these Terms and Conditions of Sale, set forth here. These are the complete and only Terms and Conditions on which property in the “Winter Photography Classics” sale is offered for sale. By registering to bid or bidding on liveauctioneers.com or by absentee or telephone bid, or by any other means, whether accessed through a desktop, mobile, device, tablet, mobile applications or other means (collectively the “Digital Platform”). This agreement applies to all online bidding at auction sales and is applicable to bidders and buyers. 2. Eligibility: All bidders must be eligible to enter into a legally binding contract under applicable law in order to participate in the Auction. If you are a minor, you may participate in the Auction only in conjunction with your parent or legal guardian. If you do not qualify, do not participate in the Auction. Your account and User ID may not be transferred or sold to another party. You may be required to apply for and obtain approval in order to participate in a specific live or timed auction, including providing a valid credit card. You agree to maintain at all times the accuracy of your account information including contact information, addresses and credit card information. Before you can bid via online bidding, you must register to bid online. Once you are successfully registered, you will be liable for any and all bids made via your account. 3.You may not register for the Auction under a false name, or use an invalid or unauthorized credit card in connection with an auction. You may not make offers to purchase any goods or services under a false name at any time. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law. Content: Etherton Gallery Auctions LLC offers fine art photography covering any and all subjects, including nude photography. 4. The Sole Remedy for a Buyer in the event of a dispute or any other issue 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 available to the Buyer as a matter of law. 5. Etherton Gallery Auctions, LLC 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 catalogue are subject to errors or omissions in descriptions. 6.Neither Etherton Gallery Auctions LLC nor Etherton Gallery authenticates objects or artworks submitted for the Auction. Neither Etherton Gallery Auctions, LLC nor Etherton Gallery accepts liability. Etherton Gallery Auctions, LLC and Etherton Gallery give no representation, warranty or guarantee with respect to an item’s origins, provenance, attribution, condition, date, age or authenticity. 7.Hammer Price. The Hammer Price or Sale Price is the price at which a lot is sold or hammered down by the Auctioneer (liveauctioneer.com). It is the winning bid for a Lot at auction. It is the price upon which the Auctioneer’s hammer falls, determining the Sale Price. It does not include the Buyer’s Premium. Bid is defined as the amount a prospective Buyer signals the Auctioneer that he or she would pay to buy the lot during bidding. Lot is defined as an individual object or group of objects offered for sale at auction as a single unit. On the fall of the Auctioneer’s hammer, title to the offered lot or article passes to the highest acknowledged bidder, who immediately assumes full risk and responsibility, and will within 72 hours pay the full Purchase Price. Any items unpaid after 30 days are no longer for sale. 8.Purchase Price: The Purchase Price paid by the Buyer is the aggregate of a) the Hammer Price or Sale Price; and b) a Buyer’s Premium of 25% (twenty-five percent)of the first $100,000 of the Hammer Price of each lot; and a Buyer’s Premium of 20% (twenty percent) of any amount of the Hammer Price between $100,000 (one hundred thousand dollars) and $1,000,000 (one million dollars); and 15% of any amount above $1,000,000; and c) Any applicable shipping, insurance, crating/handling costs, d) a processing fee of 3% (three percent); and e) appropriate State Tax, UNLESS liveauctioneers.com has a Certificate of Resale for that Buyer on file or the Buyer is a Tax-Exempt Non-Profit or Government Entity, and has a Certificate on file with liveauctioneers.com before bidding begins. 9.Arizona is an F.O.B. Origin Based State. All Purchases are F.O.B. Tucson, Arizona. 10.Disputes between Bidders, Bids Delayed/Not Received: If any dispute arises between two or more bidders, liveauctioneers.com and/or Etherton Gallery Auctions, LLC may decide the sale or may immediately put the Lot up for sale again, and resell to the highest Bidder. The decision shall be final and absolute. Etherton Gallery Auctions, LLC reserves the right to reject any and all Bids. Liveauctioneers.com bids are executed with and against outside competing absentee bids. In the case of a tie, liveauctioneers.com has the 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, 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 conclusion of the sale, the Auctioneers sales records shall be conclusive in every respect. 11. Withdraw lots: Etherton Gallery Auctions, LLC 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. Etherton Gallery Auctions, LLC is the sole determinant of Bid Increments or the amount to be advanced by each succeeding bid. 12. All Lots sold “AS IS.” Etherton Gallery Auctions, LLC offers property for sale at Auction “AS IS” meaning that the property is sold with all existing faults and imperfections. We encourage potential Bidders to request a condition report and ask questions about the Lot before bidding on it. Etherton Gallery Auctions, LLC makes no express or implied warranties or representations with respect to the property or correctness of the advertisement, catalogue, Lot Descriptions and any other medium used to announce the 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. 13. A Condition Report may be obtained by viewing the online catalogue or you may contact Etherton Gallery Auctions, LLC. A Condition Report is a written description of the condition of a work, prepared by Etherton Gallery Auctions, LLC. Notwithstanding any condition reports or catalogue descriptions provided, all Lots are offered and sold “AS IS.” 14.Bid Increments: $25 bid increments up to $500; $50 increments up to $1,000; $100 increments up to $2,500; $200 increments up to $5,000; $250 increments up to $10,000; $500 increments up; to $20,000; $1,000 increments up to $50,000; $5,000 increments up to $250,000; $10,000 increments up to $250,000; $25,000 increments up to $500,000. 15. A valid, verified major credit card is required in order to register to Bid on a Lot in the Auction. 16. Copyright: Etherton Gallery Auctions makes no representations whatsoever that the Purchase of a work of art will acquire any reproduction rights thereto and copyright to the work. Purchaser’s ownership of the work shall remain subject to the copyrights of the artist. 17.Amending Catalogue, Entire Agreement: This online Catalogue may be amended two hours before posting time and represents Etherton Gallery Auctions, LLC entire agreement with any and all Bidders and Purchasers of the property listed herein. 18.Absentee Bids: Absentee bids for Auction Lots will be executed by liveauctioneers.com on behalf of Bidders during the Auction. Etherton Gallery Auctions, LLC shall not be responsible for any errors or omissions or failure to execute such absentee bids. To reduce the chance of error, Etherton Gallery Auctions requests that Bidders submit absentee bids as soon as possible. 19. Terms for All Purchases: All Payments must be made to liveauctioneers.com. Etherton Gallery Auctions, LLC will not accept any direct payment. There are no exceptions. Acceptable forms of payment include: Visa, MasterCard, American Express, wire transfer and ACH payments. Payments to liveauctioneers.com will be charged a 3% additional processing or Passing Fee. Unless exempt by law, the Purchaser will be required to pay any and all state tax, including Arizona state tax, In the event of delivery outside of Arizona, 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 “Etherton Gallery Auctions, LLC.” At Etherton Gallery Auctions’ discretion payment will not be deemed to be complete until funds have been processed by its bank, usually 3-5 business days after payment to Etherton Gallery Auctions, LLC by liveauctioneers.com. 20. In House Shipping/Insurance: Etherton Gallery Auctions, LLC has in-house shipping available. Flat rate shipping including transit insurance charges are listed on each Lot for FedEx Ground shipping in the contiguous 48 states of the United States. Generally speaking, shipping costs will range from $100 to $250 dollars for domestic shipments. Shipping costs to Alaska, Hawaii, US territories and Protectorates 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. Items not removed after 30 days will incur storage fees. Shipment generally occurs within ten business days after Payment has been completed. 21. Pick-up at Etherton Gallery is available by appointment beginning March 27, 2021. Buyers may make their own arrangements for shipping with pick-up at the Gallery by their designated shipping agent. 22.Authenticity of Work Return: A condition report may be obtained by viewing the online Catalogue or by contacting Etherton Gallery. Notwithstanding any condition reports or catalogue descriptions provided, all Lots are offered and sold AS IS. However, if within 21 calendar days after the receipt of the purchase of any Lots, and 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 the Artist’s work,, 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 Etherton Gallery, in the same condition as when sold, then Etherton Gallery Auctions, LLC will refund the full Purchase Price. 23. 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 of 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. Without limitation no Purchaser shall be entitled to damages of any kind. 24. Remedies: These Terms and Conditions of Sale and any other applicable conditions, as well as the Purchaser’s and Etherton Gallery Auction LLC’s rights and obligations herein shall be governed by, construed and enforced in accordance of the State of Arizona. Purchases that have gone unpaid for 30 days (thirty calendar days after the Auction) are past due and subject to any or all of the following including without limitation, the right a) Upon purchase, property is held for sale and payment for 30 days. If unpaid after 30 days the property is no longer for sale; b) Dispute the purchase on the Auction Platform; c) hold the Purchaser liable for the purchase price stated on the invoice, d) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser; e) resell the property privately or at public auction on three days notice to the Purchaser for the payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the commissions, attorneys fees, any and all other auction-related charges due and incidental damages. In the event of a default, Etherton Gallery Auctions, LLC reserves the right to charge the Purchaser’s credit card on file in the full amount owed as stated on the invoice. 25. Full Payment Non-Transferable: 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 or her purchases before any lot can be removed. 26. Not Assignable: The benefits of these warrantees are not assignable and are applicable only to the original Buyer of the Lot, and are conditioned on the Buyer returning the items in the Lot in the same condition as at time of sale and in the time period specified. 27. Miscellaneous: Dimension are given in inches. Illustrations in the Catalogue are for identification only and should not be used as a basis for determining the condition of a Lot.