Park Epicurean Annual

CONDITIONS OF SALE Park Epicurean Annual The Conditions of Park Epicurean Annual sale are as follows: Park Epicurean enters this agreement in totality with the bidder. The terms of this sale may be amended by posted notices or announcements made during the sale. By participating, bidding at the auction, you agree to be bound by these terms and conditions. All property is sold AS IS without any representations or warranties by Park Epicurean. Item attribution, authenticity, purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, frame, provenance, period, age, date, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, salon, invoice, condition report or elsewhere, shall be deemed such warranty, representation or assumption of liability. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Park Epicurean strongly encourages and advises all prospective bidders to examine personally prior to the auction any lots in which they are interested. Park Epicurean is not obligated to provide a condition report of each lot. Condition reports for most items can be found in the online catalogue. Prospective bidders are encouraged to contact Park Epicurean directly for additional information regarding the condition of any lot. Park Epicurean does not warrant the condition of any item. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Condition statements by Park Epicurean, whether appearing in the catalogue, online, or personal request, are based on a visual inspection and are for guidance only. Such condition statements should not be relied upon as statements of fact and do not constitute a representation, warranty, or assumption of liability by Park Epicurean. Condition is always a subjective evaluation, final responsibility rests exclusively with the buyer to assess. Park Epicurean makes no representation or warranty, express or implied, that the purchaser will acquire any copyright or reproduction rights in any property. Park Epicurean is not responsible for errors and omissions in the catalogue or any supplemental material. All lots in the sale are subject to a confidential reserve. A reserve is the minimum price of which a lot may be purchased. At Park Epicureans sole discretion, any lot may be withdrawn from the sale with no liability for such withdrawal. A buyers premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyers premium is 21% of the hammer price. The highest bidder acknowledged by the auctioneer shall be the purchaser. Park Epicurean reserves the right to reject any bid. The auctioneer shall advance the bid at his sole discretion. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding and, whether during or after the sale, to determine the successful bidder, to re-open bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. As a convenience to our clients whom are not present at sale, we will execute, order or place absentee bids and may accept telephone bids. All bidders may be required to provide a government-issued identification confirming the bidders name and principal address of residence or business; in addition, bidders may also be required to provide an additional residential or business address and telephone number, credit card information, and other credit-related information. Park Epicurean reserves the right to require a deposit prior to bidding. By participating in the sale, you represent and warrant that any bids placed by you or on your behalf are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law. Park Epicurean may also offer clients the opportunity to bid online via Live Auctioneers By participating in a sale via this online platform, you acknowledge that you are bound by these Conditions of Sale as well as the additional terms and conditions for live online bidding. By participating in a sale via the Live Auctioneers platform, bidders accept the online terms as well as the relevant terms of sale. If bidding using the Live Auctioneers platform, an online bidding service fee of an additional 5% of the hammer price (for a total of 26% of the hammer price, will be added to the hammer price as part of the total purchase price. Subject to fulfillment of all of the conditions set forth in these Conditions of Sale, on the fall of the auctioneers hammer, the contract between Park Epicurean and the purchaser is concluded, and the winning bidder thereupon will immediately pay the total purchase price. Title in a purchased lot will not pass until Park Epicurean has received in full the total purchase price in cleared funds. Unless exempted by law, the purchaser will be required to pay New York state sales tax as applicable, any applicable local sales tax, and any applicable compensating use tax of another state. Park Epicurean accepts checks (personal or business check in US dollars certified by a US bank, a cashiers/bankers check drawn on a US bank or US money order) credit card (American Express, Visa or MasterCard) for payment. A credit card payment is accepted for purchases of $40,000 or less. The purchasers obligation to pay immediately the full purchase price is absolute and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Park Epicurean is not obligated to release a lot to the purchaser until title to the lot has passed. The purchaser agrees to pay Park Epicurean handling charge of $52 USD for any check dishonored by the drawee. ALL SALES FINAL!!!! Property purchased from Park Epicurean by a successful bidder will not be released to such bidder until the full payment of the total purchase price (including the buyer?s premium and online bidding service fee, and all applicable sales taxes) have been made. In addition to other remedies available to us by law, Park Epicurean reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with these conditions. Please note that Park Epicurean reserves the right to refuse to accept payment form a source other than the buyer of record. The purchaser must remove all property from the auction premises at his expense no later than 14 days following the auction. Park Epicurean reserves the right to charge a minimum storage and handling charge of $50 USD per lot per day following the 14 day removal window. Park Epicurean also reserves the right to send the property to a public warehouse for the account and at the risk and expense of the purchaser, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due. It is the purchasers sole responsibility to arrange to collect or ship the property and to identify and obtain any necessary export, import, endangered species or other permit for the lot. Park Epicurean makes no representations or warranties as to whether any lot is or is not subject to export or import restrictions or embargoes. Upon request, Park Epicurean can avail trusted shippers to purchaser. Local pick-up is strongly encouraged. Please email to schedule a pick up time during the allotted post sale days. If the purchaser fails to fulfill or comply with any of the conditions herein, the purchaser shall be in default and, in addition to all legal remedies available to Park Epicurean by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, Park Epicurean at its option, may: a) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same auction or any other auction, and retain all payments made by the purchaser as liquidated damages; b) resell the purchased property whether at public auction or by private sale, for the account of the purchaser, in which case the purchaser shall be liable to Park Epicurean for all its costs and damages, including the commissions for both auctions; c) remove the property to a public warehouse for the account and at the risk and expense of the purchaser; d) charge interest at such rate as we shall reasonably select, or e) effect any combination thereof. In any case, the purchaser will be liable for any deficiency and any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. Payment will not be deemed made in full until Park Epicurean has collected good funds. Park Epicurean shall have all the rights accorded a secured party under the New York Uniform Commercial Code. In no event will our liability to a purchaser with respect to an item of property exceed the purchase price actually paid by such purchaser for such item. These Conditions of Sale as well as bidders, the purchasers and our respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether present in person or by agent, order bid, telephone, online or other means, all bidders including the purchaser shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York. The copyright in all images, illustrations and written material produced by or for Park Epicurean relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Park Epicurean and shall not be used by the buyer nor by anyone else, without prior written consent from Park Epicurean. Park Epicurean reserves the right to reproduce any image of the lots sold in this catalogue.