Terms and Conditions
BUYER'S PREMIUM The purchase price payable by the Purchaser
shall be the total of the final bid price PLUS A PREMIUM OF
FIFTEEN PERCENT (15%) on any individual lot in the amount up to
and including $50,000; TWELVE PERCENT (12%) on any individual
lot on the amount in excess of $50,000; an additional FIVE PERCENT
(5%) on any individual lot sold online through LiveAuctioneers.
This premium is in addition to any commissions or other charges
payable by the consignor.
Auction
The art illustrated in this catalogue will be offered for sale by Scottsdale Art Auction, LLC on premises at 7176 Main Street, Scottsdale, Arizona.
This catalogue, as may be amended by posted notice or oral salesroom
announcement, represents Scottsdale Art Auction, LLC's entire agreement
with any and all purchasers of the Property listed herein. The following
are Procedures, Terms and Conditions on which all such Property
listed is offered for sale by Scottsdale Art Auction, LLC as agent for
various owners or other Consignors:
1. Scottsdale Art Auction, LLC reserves the right to withdraw Property
at any time before or at the sale and shall have no liability for such
withdrawal.
2. All Property will be sold "AS IS".With respect to each lot of Property
Scottsdale Art Auction, LLC does not make any guarantees, warranties
or representations, expressed or implied, as to merchantability or
fitness for a particular purpose, the correctness of the catalogue or the
authenticity or description of the Property, its physical condition, size,
quality, rarity, importance,medium, provenance, exhibitions, literature
or historical relevance. No statement, anywhere, whether oral or
written, whether made in the catalogue, an advertisement, a bill of sale,
a salesroom posting or announcement, or elsewhere, shall be deemed
such a warranty, representation or assumption of liability. In no event
shall Scottsdale Art Auction, LLC be responsible for genuineness,
authorship, attribution, provenance, period, culture, source, origin or
condition of the purchased Property and no verbal statements made
regarding the Property either before or after the sale of the Property,
or in any bill of sale, invoice or catalogue or advertisement or elsewhere
shall be deemed such a guarantee of genuineness, or authenticity.
Notwithstanding the foregoing, if within ten (10) calendar days after
the purchase of any lot of Property the Purchaser provides an opinion
by a recognized authority on the artist and gives notice in writing to
Scottsdale Art Auction, LLC that the lot is not authentic, and returns
the purchased lot to Scottsdale Art Auction, LLC, within ten (10) days
of its purchase in the same condition as when sold, then Scottsdale
Art Auction, LLC will refund the full purchase price to the Purchaser.
It shall be in the sole discretion of Scottsdale Art Auction, LLC as to
whether the opinion provided by the Purchaser is an opinion by a
recognized authority on the artist.
3. Scottsdale Art Auction, LLC and/or Auctioneer reserves the right
to reject any bids. The highest bidder acknowledged by the Auctioneer
shall be the Purchaser. In the event of any dispute between bidders, the
Auctioneer will have absolute and final discretion to either determine
the successful bidder or to re-offer and resell the Property item in
dispute. After the sale, Scottsdale Art Auction, LLC's record of final
sale shall be conclusive.
4. At the fall of the Auctioneer's hammer, the Purchaser shall (a) be
acknowledged by bidder number by the auctioneer, (b) pay the hammer
price and a buyer's premium as outlined above. In addition, Purchaser
may be required to sign a confirmation of purchase. All sales are final
with no exchanges or returns.
5. Unless exempted by law, the Purchaser will be required to pay any
and all Arizona state and local sales tax or, in the event of deliveries
outside the state, it is the Purchaser's responsibility to pay any applicable
compensating use tax of another state on the total purchase price.
6. Terms for all purchases will be cash(In House Only), check or credit card
(VISA/MasterCard/American Express) with settlement and payment
due in full the day of the sale unless otherwise arranged. All monies
shall be made payable to Scottsdale Art Auction, LLC. At the discretion
of Scottsdale Art Auction, LLC, payment will not be deemed to have
been made in full until funds represented by checks have been collected
or the authenticity of bank or cashier's checks has been confirmed.
Credit cards will not be accepted for purchases in excess of $10,000
on the total amount purchased at the sale.
7. No item of Property may be paid for or removed from Scottsdale
Art Auction, LLC during the sale. After the sale has been completed
and after the purchase price has been paid in full, Property must be
removed from the saleroom at the Purchaser's expense not later than
three business days following the sale. Scottsdale Art Auction, LLC will,
as a service to Purchasers, arrange to have Property packed, insured
and shipped, all charges at the expense and entire risk of Purchaser.
8. Some items of Property may be offered subject to a "reserve" or
confidential minimum price below which the item will not be sold. In
such instances, Scottsdale Art Auction, LLC may implement the reserve
by bidding through the Auctioneer on behalf of the Consignor. In no
event shall the reserve exceed the low estimate in the catalogue.
9. Neither Scottsdale Art Auction, LLC, nor Auctioneer, nor Consignor
make any representations whatsoever that the Purchaser of a work of art
will acquire any reproduction rights thereto.
10. These Conditions of Sale and any other applicable conditions, as
well as the Purchaser's and Scottsdale Art Auction, LLC's rights and
obligations herein shall be governed by, construed and enforced in
accordance with the laws of the State of Arizona. If these conditions are
not complied with by the Purchaser, Scottsdale Art Auction, LLC may,
in addition to other remedies available by law, including, without
limitation, the right to hold the Purchaser liable for the total purchase
price stated on the Confirmation of Purchase 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 days' notice to the Purchaser for the payment of any deficiency
in the purchase price and all costs including handling charges,
warehousing, the expense of both sales, the commissions, reasonable
attorneys' fees, any and all other charges due and incidental damages.
11. In most instances, sculpture measurements do not include base. In
measurements for two dimensional art, height precedes width and does
not include frame.
12. All sales of firearms must be in accordance with Federal and State
laws and regulations. All post-1898 firearms are registrable and must
be registered in compliance with Federal and Arizona State law. Buyers
of post-1898 firearmsmust complete State and Federal registration forms
through a licensed firearms dealer in the state in which they reside.
A fifteen (15) day waiting period is mandatory for modern weapons.
Dealers and out-of-state buyers must have in their possession on the
day of the sale signed copies of their federal firearm license in order
to accept same-day delivery of modern weapons.
13. Bidding increments will normally follow the pattern below but
may vary at the sole discretion of the Auctioneer.
Estimate Increment
Under 2000..............................100
2,000-5,000 .............................250
5,000-10,000............................500
10,000-20,000........................1000
20,000-50,000 .......................2500
50,000-100,000......................5000
over 100,000 ........................10,000
Sales Tax
Online purchases from Scottsdale Art Auction may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.