20th Century Modern & Contemporary Paintings

1. Registration for the auction: All bidders will be required to call or email and provide us with a valid address, phone number, drivers license number and credit card number. 2. Acceptance of Terms: Bidding on any item indicates the bidder's agreement to be bound by these Terms and Conditions. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of California. All bidders submit to the personal jurisdiction of the state and federal courts in California. 3. Terms of Sale All item descriptions can be updated until the beginning of each auction. The latest updates will be understood as the most accurate and final description of each item. We reserve the right to remove any items at any time during the auction preview. 4. Buyers Premium The Auctioneer will collect and retain from the Buyer, as additional commission, a premium equal to 25% (this includes live auctioneers fee of 5%) of the Sale Price of each lot up to and including $100,000 a buyers premium of 25% (this includes live auctioneers fee of 5%) will be added to the hammer price, above $100,000 and up to $1,000,000 a buyers premium of 25% (this includes live auctioneers fee of 5%) buyers premium will be added. 5. ESTIMATES AND RESERVES Pre-sale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. CESS, LLC retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the seller of the lot and CESS LLC. In the case of reserved lots, the seller has authorized CESS LLC to bid on seller's behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. 6. WARRANTIES AND DISCLAIMERS CESS,LLC makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 30 days after bidder's receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. CESS, LLC shall not be liable for any incidental or consequential damages. It is the buyers responsibility to obtain shipping insurance from the third party shipper of their choice. CESS, LLC will not be liable for any damage to items during transit. All sales are final, with no returns or refunds except as provided in this limited warranty. 7. INTERNET BIDDING Internet bidding is available through Liveauctioneers.com. There may be terms which apply to internet bids that should be reviewed online at the time of sale. CESS, LLC is not responsible for any failure to execute a bid and shall have no liability to any bidder for any technical or other failure associated with an internet auction. 8. BUYER'S RESPONSIBILITY After each lot auctioned, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for the lot, including liability for loss or damage and is liable for payment of the Purchase Price (as defined below) to CESS, LLC. It is the buyer's responsibility to ask specific questions on condition related concerns prior to the auction. 9. PURCHASE PRICE AND PAYMENT The discounted "Purchase Price" for each lot shall equal the hammer price, buyer's premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. U.S. bidders may pay with cash, personal check, money order, bank check or wire transfer. Bidders outside the U. S. will be required to pay by wire transfer. Credit cards are accepted on an auction-by-auction basis - please contact the office prior to bidding in the auction to confirm payment options. Bidders unknown to CESS, LLC may be asked to provide additional personal identity or banking information. CESS, LLC reserves the right to hold a purchased lot until a check has cleared. PLEASE NOTE: A surcharge of 2% will be assessed to all credit card transactions. This surcharge is not greater than our cost of acceptance. LATE PAYMENT FEES CESS, LLC may impose late charges of 5% per month (or the highest interest rate allowed) on any amount owed to CESS, LLC that remains unpaid after 30 days. Buyer shall be liable for any collection costs or attorney's fees incurred by CESS, LLC to collect payment, to the extent permitted by law. 11. SALES TAX Buyers are required to pay any applicable state and local sales tax. 12. SHIPPING At the request of the buyer, CESS, LLC will authorize the shipment of purchased items, which usually ship within one to two weeks after payment has been received. Shipment is generally made via UPS or Fed-Ex Ground. Unless buyer gives special instructions, the shipping method shall be at the sole discretion of CESS, LLC. CESS, LLC is not responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property. SHIPPING CHARGES: Buyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial. 13. CANCELLATION OF SALE If purchased property remains in the custody of CESS, LLC for a period of 30 days following the auction, CESS, LLC may cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means. CESS, LLC will try to resolve the issue by other means first, but a timely arrangement of shipping is requested and appreciated.

If you have not contacted Concierge Estate Sale Services LLC 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 Concierge Estate Sale Services LLC 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.