David Dike Fine Art Spring Online Auction

CONDITIONS OF SALE: Auctioneer. 1. The following, as amended by any posted notices, specific bills of sale or similar instruments relating to a transaction or oral announcements during the sale, constitutes the entire terms and conditions pursuant to which property listed in the online catalogue shall be offered for sale or sold exclusively online by LiveAuctioneers, the auctioneer conducting the sale on behalf of any consignor for whom we act as agent. DDFA (as subsequently defined) is not an auctioneer and is not conducting the auction or arranging any resulting transaction. In these Conditions of Sale, "We" and "Our" refer to LiveAuctioneers. Registration. 2. LiveAuctioneers will accept bids exclusively from the Internet from parties registered through the LiveAuctioneers website. 3. All bidders must meet LiveAuctioneers’ qualifications to bid. Any bidder who is not a client in good standing of LiveAuctioneers may be disqualified at LiveAuctioneers’ sole option and will not be awarded lots. Such determination may be made by LiveAuctioneers in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. LiveAuctioneers reserves the right to exclude any party from the auction. 4. If any entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. 5. Bidders acknowledge and agree that the information provided by DDFA in the online catalogue information page contain, at a minimum, a link to the contractual terms under which DDFA will sell the property to the successful bidder, as well as any additional terms required to consummate the sale (for example, shipping fee, insurance, taxes, etc.). All of these terms will be deemed to be a part of the Conditions of Sale and will therefore be binding upon DDFA and the successful bidder. 6. Bidders understand that by participating in this online auction, bidders are entering into legally binding contracts with DDFA to pay for items on which they bid. All pertinent information including bidders’ registration and bidding details are logged and time stamped in the LIVE AUCTIONEERS system. All sales are final, items are sold AS-IS, with no warranty expressed or implied. It is bidders’ responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder shall be sole judge of value. AUCTIONEER AND DDFA ARE NOT RESPONSIBLE FOR MISTAKES IN ADVERTISING. ALL SALES FINAL NO REFUNDS NO RETURNS. Under no circumstances shall bidder have any claim against LiveAuctioneers or DDFA other than for performance of their respective obligations hereunder. 7. ALL ITEMS MUST BE PAID IN FULL PRIOR TO SHIPMENT. IF THERE EVER IS A CASE OF A REFUND BEING ISSUED, YOU WILL BE RESPONSIBLE FOR RETURN SHIPPING FEES. BUYER'S PREMIUMS AND SHIPPING AND HANDLING WILL NOT BE REFUNDED. PEASE BID RESPONSIBLY AND ASK ALL QUESTIONS PRIOR TO PLACING A BID. Bid Prices and Buyer’s Premium. 8. As used herein the term bid price means the price at which a lot may be purchased and the term purchase price means the aggregate of (a) the bid price, (b) A PREMIUM PAYABLE BY THE PURCHASER OF 27% of price at the closing of the online auction and (c) unless the purchaser is exempt by law from the payment thereof, any Texas or local sales tax (or compensating use tax of another state) and applicable taxes. LiveAuctioneers has been authorized by the consignor to retain, as part of our remuneration, a part of the premium payable by the purchaser. Conducting the Auction. 9. When bidding ends for a lot on the LiveAuctioneers website, the highest bidder, as determined by LiveAuctioneers, shall be deemed to have purchased the offered lot, and title to the lot shall pass to the purchaser, in accordance with all of the conditions set forth herein and thereupon the purchaser (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full in cash for all lots purchased. 10. To prevent misdelivery and inconvenience in settlement of a purchase, no lot may be transferred. 11. All property shall be removed from DDFA’s premises at the purchaser's expense immediately following the sale. If not so removed DDFA may, as an accommodation to the purchaser, transfer the property to a public warehouse or other premises under DDFA’s control at the purchaser's sole risk and expense. 12. Each sale made pursuant to these Conditions of Sale will be deemed to constitute a grant of security interest by the purchaser to DDFA in, and DDFA may retain as collateral security for the purchaser’s obligations to us and DDFA or our respective assignees, any of the purchaser's property in our or DDFA’s possession, and we or DDFA, as the case may be, may apply against such obligations all monies held or received by us for the account of, or owing to, the purchaser. Each purchaser consents to the filing of public notices or such liens. 13. Whenever the purchaser pays only a part of the total purchase price for one or more lots purchased, DDFA may apply such payments, in its sole discretion, to the lot or lots it chooses. Payment will not be deemed made in full until we and DDFA have collected all amounts due in cash or good funds represented by cleared checks or cashier checks. 14. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and DDFA by law, including but without limitation, the right to hold the purchaser liable for the purchase price, DDFA at its sole option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property with a three day notice to the original defaulting purchaser, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, DDFA’s commission at its standard rates, all other charges due hereunder, attorney's fees and incidental damages; or (c) take any measures DDFA deems necessary to protect and exercise our respective rights. 15. If DDFA is forced to resell any property, the original defaulting purchaser will be held responsible for any deficiencies in the purchase price, including any and all associated expenses including reasonable attorney's fees, warehousing, commissions or any other costs associated with the default. No actions by us or DDFA or any third party before or after the auction shall be deemed a waiver of any of the foregoing. 16. We and DDFA reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the online catalogue and no lot shall be divided for sale. 17. As the auctioneer, LiveAuctioneers reserves the right to reject any bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the 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 sale, our sales records shall be conclusive in all respects. 18. If DDFA is prevented by fire, theft or any reason whatsoever from delivering any property to the purchaser, our and DDFA’s collective liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 19. Some lots are offered subject to a reserve, which is an undisclosed minimum price below which the lot will not be sold. If a lot is offered subject to a reserve, the auctioneer may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. 20. ALL STATEMENTS CONTAINED OR IN ANY CATALOGUE, INCLUDING THE ONLINE CATALOGUE, RELATING TO THIS SALE, OR ANY BILL OF SALE, INVOICE OR ELSEWHERE, OR MADE BY THE AUCTIONEER, AS TO AUTHORSHIP, PERIOD, CULTURE, SOURCE, ORIGIN, MEASUREMENT, QUALITY, RARITY, PROVENANCE, IMPORTANCE, EXHIBITION AND LITERATURE OF HISTORICAL RELEVANCE OR PHYSICAL CONDITION ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. WE AND DDFA AND ANY CONSIGNORS TO EITHER OF US MAKE NO REPRESENTATION AND WARRANTIES AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS, INCLUDING BUT NOT LIMITED TO, ANY REPRODUCTION RIGHTS IN THE PROPERTY. No employee or other agent, of David Dike Fine Art, L.P. L.L.C., Dike Management, LLC, David Dike Fine Art Auction, David Dike Fine Art or of David Dike (collectively “DDFA??) is authorized to make on behalf or that of the consignor of any lot any representation or warranty, oral or written, with respect to any property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. 21. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL WE OR DDFA BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL OUR LIABILITY OR THE LIABILITY OF DDFA TO A PURCHASER EXCEED THE PURCHASE PRICE ACTUALLY PAID. Payment Method: 22. If bidders choose to pay by credit card, please note that we impose a surcharge of 3.75% + $0.25 on the transaction amount on all credit card transactions, or 1% + $0.50 on the transaction amount on ACH transactions, which is not greater than our cost of acceptance. 23. If bidders have a card on file with LiveAuctioneers, it will be automatically charged 72 hours after bidders receive their invoice. If bidders have not contacted us to arrange payment within 72 hours of the time that invoice is sent, we will charge the credit card bidders used to register for the auction for the full amount listed on bidder’s invoice. Payment through LiveAuctioneers is preferred, but bidders may contact DDFA and arrange payment directly. Bidders should note that they may pay via any major credit card or Bank Transfer (ACH) by clicking the “Pay Now?? button located on bidder’s LiveAuctioneers invoice. Delivery; Shipping; and Handling. 24. All deliveries will be shipped COD unless otherwise agreed to by purchaser and DDFA. If packing and handling of purchased lots is done by DDFA, it is done at the entire risk of the purchaser. We and DDFA will not be liable for any acts or omissions of carriers or packers, including those we or DDFA may recommend. Such carriers or packers may carry their own insurance and any claim for loss or damage should be addressed directly to them. No items will be shipped unless DDFA specifically agree to do so. Purchaser will be responsible for contacting DDFA promptly following the auction to arrange for pickup or shipment. 25. Unless prior arrangements have been made with DDFA, there may be a seven day waiting period if purchasing artwork with a personal or company check. To avoid delay of this sort, bidders are encouraged to prearrange check approval or establish a line of credit with DDFA by calling (214) 720-4044 no later than noon on Friday, April 19, 2024. There will be no exceptions. Bank card purchases will be honored at our or DDFA’s option, as applicable. 26. These Conditions of Sale along with the purchaser's and our respective rights and obligations hereunder are governed by Texas law. By bidding at this online auction, the purchaser or bidder agrees to be bound by these Conditions of Sale and to consent to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the Dallas, Dallas County, State of Texas. All of our obligations under these Conditions of Sale and the obligations of purchaser to pay, are performable in Dallas, Dallas County, Texas. 27. These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our and DDFA’s successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us or DDFA unless specifically stated in writing by us or DDFA, as the case may be. If any part of these Conditions of Sale is for any reason found to be invalid or unenforceable, the rest shall remain valid and enforceable. 28. As a convenience to its clients, DDFA furnishes pre-sale estimates for all lots included in the online catalogue. These are estimates only and intended as an approximate guide to current DDFA’s opinion of the current market value, and should not be interpreted as a price or as an appraisal. The final bid may well be less or more than any estimate printed. 29. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS-IS" AND NEITHER LIVEAUCTIONEERS, THE AUCTIONEER, DAVID DIKE, THE DAVID DIKE FINE ART AUCTION, DAVID DIKE FINE ART, L.L.C OR DIKE MANAGEMENT LLC, NOR THE CONSIGNOR NOR THE AGENT OF ANY OF THEM MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIES, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST’S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. 30. All rights to the online catalogue are reserved by DDFA. Some of the images may be the subject of copyright or other rights of the artist or owner. No part of the online catalogue may be reproduced without DDFA’s express written consent. Miscellaneous. 31. Any condition statement is given as a courtesy to a client, it is only an opinion and should not be treated as a statement of fact. DDFA shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect or good condition or free from wear and tear, imperfections or the effects of aging. Condition requests can be obtained by telephone at 214-720-4044. A conversation with a representative of DDFA regarding condition of a lot is not a condition report, and does not modify the foregoing. 32. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choosing. 33. DDFA, at its discretion, reserves the right to refuse participation in this auction by any bidder. 34. Condition requests sent to the department via e-mail will be responded to by adding information or photographs to the lot listing where appropriate. E-mailed requests will be responded to by return e-mail. Please allow ample time for your request to be processed. 35. DDFA and LiveAuctioneers reserve the right to cancel or postpone all or any part of the auction without notice to any potential bidder. 36. DDFA and LiveAuctioneers are not responsible for failures of the internet or any computer to effectively, accurately or timely transmit, store or deliver any bid. Bidders assume the entire risk that any bid transmitted or attempted to be transmitted will fail to timely or accurately be received by the auctioneer.

If you have not contacted David Dike Fine Art to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from David Dike Fine Art 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.