Capital Collections

The property listed in the catalogue will be offered and sold by Weschler’s Auctioneers and Appraisers, LLC (“Auctioneer”) as agent for the Seller (“Consignor”) on the following terms and conditions. Weschler’s offers each item of property (a “lot” or “lots”) for sale at auction subject to and under these terms and conditions and may be amended from time to time (“Agreement”). 1. PRE-SALE a. Registration. By registering to bid, placing a bid, or otherwise purchasing a lot from Weschler’s - whether in person, by absentee bid, through an agent, or third-party Bidding Platform - you hereby enter, and agree to be bound by and to comply with, this Agreement. This Agreement governs the relationship between you, as a bidder and/or buyer, and Weschler’s and sellers. You acknowledge that Weschler’s acts as an agent for the seller, unless otherwise indicated or announced at the time of auction. Prospective bidders must register prior to the auction. Registration is available several weeks prior to the Capital Collections & Gallery auctions and during the exhibition. For the online-only Metro auctions, registration is available beginning Thursday prior to the auction. Internet bidders may register through the Weschler’s Online platform, or through the 3rd-party marketplace platforms of Invaluable, AuctionZip and LiveAuctioneers. Weschler’s may adjust the standards of bidding qualifications, especially for Internet bidders. Weschler’s reserves the right, at its complete discretion, to refuse bidding approval, admission to the premises, and to reject any bid. b. Exhibition. You are strongly encouraged to attend the exhibition and closely examine all lots of interest to you. If you purchase an item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your own inspection. Metro Online exhibitions are held on Fridays from 11am-2pm and Mondays from 9am-4pm; the Capital Collections exhibitions are held the Saturday preceding the sale from 11am to 3pm, Monday, Tuesday and Wednesday from 10am to 4pm, and Thursday from 10am to 2pm. Gallery exhibitions are held Monday, Tuesday and Wednesday from 10am to 4pm, and Thursday from 10am to 2pm. c. Descriptions and Condition Reports. All property is sold “As Is” in accordance with Section 3 and neither the Seller (Consignor), Weschler’s Auctioneers and Appraisers LLC, nor any of our officers, employees or agents, make any representation, warranty or guarantee, nor assume any liability of any kind with respect to the condition of any lot offered for sale and no statement made at any time, whether oral or written, shall constitute such a warranty, guarantee or representation and are not intended to replace first hand inspection by a prospective buyer. Prospective buyers may request more detailed information and/or clarification regarding property offered prior to the sale day; however, the purchaser hereby assumes all risks concerning and related, including but not limited to, the grading, quality, description, condition, authenticity, and provenance of a lot. Condition of frames on artwork is generally not described. While we do our best to protect framing on the artwork, we will not be responsible for damage, regardless of cause. Working conditions of clocks and timepieces are not guaranteed. All measurements are approximate. Jewelry descriptions are only estimates as to carat size, gold content, number of stones, etc. Upholstered furniture and rugs have not been disinfected. d. Images. All images are not intended to represent the actual color or clarity of the item being auctioned, they are only used for identification purposes. Please note that the photos may be enlarged to show detail in the online catalogue listing. e. Estimates. Weschler’s publishes pre-sale estimates of each lot in the auction. Pre-sale estimates stated in our catalogue and online listing are intended as a guide for prospective bidders and should not be considered a prediction of the selling price. All property can bring prices above or below stated estimates. 2. DURING THE SALE a. Acceptance and Rejection of Bids. Any bid you submit can and may be the winning bid for a particular lot. Any bid you submit constitutes an offer to buy the lot for the amount of your bid, subject to the terms of this Agreement. If we accept your bid, you become contractually bound to buy the lot in accordance with that bid and this Agreement. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. Capital Collections absentee bids must be greater than 50% of the low estimate. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. During a live auction, if the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, they may reject the bid; and if, having acknowledged an opening bid he/she decides that any advance is not sufficient, they may reject the advance. b. Absentee/Telephone Bids for Capital Collections & Gallery Auctions. Bidders may submit absentee or telephone bids for the Capital Collections & Gallery Auctions using the Bid Form or submit online. Absentee & Telephone bids may also be sent to Weschler’s fax number (202) 628-2366 or email bids@weschlers.com. Bids placed by fax must be confirmed by telephone or email. The number of telephone lines is limited so it is strongly recommended that you plan at least 24 hours in advance. Please contact our offices at (202) 628-1281 for specific information on absentee bids. Weschler’s does not guarantee that remote phone bidding will be uninterrupted or without error. Overseas bidders and clients bidding by phone are encouraged to leave a safety bid which will function as an absentee bid should the call fail. c. Online Bidding. Online bidding is offered as a service to our customers, and prospective bidders shall not hold us responsible for any errors or failures in executing bids, nor shall they hold us responsible for any failure due to the loss of the auction app supplied to us by a 3rd-Party online bidding software. During a live Capital Collections auction, Internet bids are bid electronically through Weschler’s, Invaluable, AuctionZip and LiveAuctioneers online bidding platforms and compete against live bids on our auction floor (if applicable), telephone bids, and absentee bids by bidders who are not participating in the internet component of the auction. Internet bids are announced competitively by a member of our staff at the time of the live auction. Weschler’s may be offered other bids of the same value as your internet bid. It is at the auctioneer’s discretion which of these bids they choose to accept during the auction. d. Reserves. Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Weschler’s. If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he/she decides that any advance thereafter is insufficient, he/she may reject that advance. The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Unless otherwise noted in the catalogue or by an announcement at the auction, Weschler’s acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property. e. Withdrawal. The Auctioneer reserves the right to withdraw any property at any time before the actual sale. No participant in the auction sale shall have a right to claim any damages, including consequential damages in the event a lot is withdrawn. f. Bidding Increments. Weschler’s generally uses the following incremental amounts for all bidding, whether live, absentee, telephone or internet: $0-$99 $5 increments $100-499 $25 increments $500-999 $50 increments $1,000-1,999 $100 increments $2,000-4,999 $200 increments $5,000-9,999 $500 increments $10,000-24,999 $1000 increments $25,000-49,999 $2500 increments $50,000-99,999 $5000 increments $100,000-199,999 $10,000 increments $200,000-499,999 $25,000 increments $500,000+ $50,000 increments 3. LIMITATION OF WARRANTIES a. No Warranties. The Auctioneer and the Seller (Consignor) assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the catalogue (that is, the identity of the creator or the period, culture, source or origin, with which the creation of any property is identified herein). All property is sold “As Is” and neither the Auctioneer nor the Seller (Consignor) makes any guarantees, warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Seller (Consignor). No statement in the catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty, guarantee or representation or an admission of liability. All Sales are Final. Items are sold with all faults and are not returnable for any reason except as set forth in the following paragraph. 4. GUARANTEE FOR METRO ONLINE, GALLERY & CAPITAL COLLECTIONS AUCTIONS Notwithstanding the preceding condition, if within 10 days of the date of the sale, on any lot, the purchaser must give notice in writing to the Auctioneer from a recognized impartial expert which establishes beyond reasonable doubt that the lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer’s comments at the time of sale; and, if within 7 days after such notice the purchaser returns the lot to the Auctioneer in the same condition as when sold, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price paid defined as the amount of the successful bid price, plus buyer’s premium. The guarantee is made only to the original purchaser of record (i.e., the registered bidder) and not any subsequent owners. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party. The term counterfeit is defined as a modern fake or forgery and made with the intent to deceive. 5. POST-SALE a. Purchaser Responsibility. On the fall of the Auctioneer’s hammer, title to the offered lot passes to the highest bidder who, thereupon, will pay the full purchase price therefore or such part as the Auctioneer may require. All lots must be paid within ten (10) business days post-sale from a Capital Collections or Gallery auction and four (4) business days post-sale from a Metro auction. All deposits may be applied to any or all purchases made by the purchaser at this or any previous sale. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser’s sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on three days’ notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer’s commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after the removal of goods, and no articles shall be re-sold for purchaser at the sale where purchased. b. Purchaser Payments. The bidder acknowledges that the invoice describing a lot by number incorporates the catalogue listing and Terms & Conditions of Sale. PLEASE NOTE: We are unable to generate invoices from an online timed auction until all lots have closed. Successful bidders are requested to make total payment for purchases by cash, wire transfer, ACH, PayPal, Visa, MasterCard, Discover, American Express, certified check or cashier's check. Weschler’s no longer accepts personal or business checks. Weschler’s strongly encourages payment by wire or ACH. All invoices over $20,000 must be paid by wire/ACH transfer. Credit card and PayPal payments are limited to a total invoice amount of $20,000. PayPal payments are accepted from domestic buyers only. Credit card payments may be made in person or through our secure online portal. Not all non-US credit cards are accepted by the online portal, and non-US invoice payments must be made by wire transfer if unable to process credit card payment online. If a domestic buyer cannot use the online portal, you must complete our credit card authorization form and submit an image of the credit card along with a copy of the card holder’s driver’s license or other acceptable photo identification. On any cash transactions or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. c. Buyer’s Premium. The commission the Buyer must pay to us as part of the purchase price for auction lots. The buyer’s premium rate is subject to change at any time. The current premium is equal to 24%* on the first $500,000 of the hammer price of each lot, 20%* on the portion from $500,001 through $1,000,000, and 15%* there-after. *All online bidders are charged an additional 2% buyer's premium on Weschler’s Online platform. *Bidders on Invaluable, AuctionZip & LiveAuctioneers marketplace bidding platforms are charged an additional buyer’s premium and may incur additional charges. (See relevant marketplace terms). d. Tax. All purchases will be subject to a six percent (6%) Maryland sales tax unless: (i) the property purchased is for resale and a valid Resale Tax Certificate is presented to Weschler’s at the time of payment, and the sales price is $200.00 or more; or (ii) the sales price of precious metal bullion or coins is greater than $1,000.00; or (iii) the property is being shipped to a buyer located outside of the state of Maryland by a licensed shipper. It is the buyer’s responsibility to remit any sales tax, value added tax, use tax, or any other taxes in a state where purchased property is delivered and Weschler’s is not required to collect the applicable sales tax from the buyer. e. Removal of Property. No lots shall be delivered to or collected by the successful bidder until payment in full of the purchase price and all applicable taxes and charges. All property must be paid for and removed from our premises within ten (10) business days post-sale from a Capital Collections or Gallery auction and four (4) business days post-sale from a Metro auction. i. Capital Collections/Gallery Auctions: Items left beyond ten (10) business days following the closure of the auction will be subject to a storage fee of $10.00 per day for each item. In the event that an item remains on the premises of Weschler’s for more than thirty (30) business days following the close of the auction, Weschler’s may, in its sole discretion, (i) transfer the item to an independent warehouse on behalf of the winning bidder and at the winning bidder’s expense; or (ii) sell or dispose of the item as abandoned property. ii. Metro Auctions: Items left beyond four (4) business days following the close of the auction will be subject to a storage fee of $5.00 per day for each item. In the event that an item remains on the premises of Weschler’s for more than fifteen (15) business days following the close of the auction, Weschler’s may, in its sole discretion, (i) transfer the item to an independent warehouse on behalf of the winning bidder and at the winning bidder’s expense; or (ii) sell or dispose of the item as abandoned property. Weschler’s has the right to refuse bidding at future auctions if previous invoices have not been paid or if property remains on our premises beyond the above-mentioned deadlines. For bidders requiring lots to be shipped, Weschler’s can provide a list of shippers and customers may arrange for services by one of those agents or one of their own choosing to pack and ship the property. Weschler’s assumes no responsibility for the acts or omissions of carriers or packers whether they are recommended by us or not. Weschler's will not remove an item from its frame for shipping purposes once the lot has been sold. It is the purchaser's responsibility to find a third-party shipper who specializes in fine art handling for these cases. f. Exportation Permits. Certain lots may be subject to the provisions of the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, and the Migratory Bird Act of 1982. To export these items, the buyer must obtain special licenses from the Department of the Interior, United States Fish and Wildlife Service. Some items may not be exported, and others may not be resold once purchased. Prospective bidders who intend to export or resell such items are solely responsible for obtaining such licenses and Weschler’s cannot, and will not, assure that such licenses can be obtained. 6. ADDITIONAL CONDITIONS a. Governing Law. These Terms and Conditions of Sale, as well as the respective rights and obligations of Weschler’s Auctioneers and Appraisers LLC, the seller, and any purchaser or bidder at any sale of Weschler’s, shall be governed by and construed and enforced in accordance with the laws of the State of Maryland. b. Limitation of Liability. In no event shall the liability of the seller or Weschler’s, its officers, employees and agents, to a successful bidder for any breach, act, omission, or claim of any nature, with respect to an item purchased, exceed the purchase price actually paid by the successful bidder for the item. In no event shall the seller or Weschler’s, its officers, employees and agents, have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of successful bidders or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the property purchased, or its purchase, sale, delivery or non-delivery. In no event shall the seller or Weschler’s, its officers, employees and agents, be liable for any claims related to the errors, acts, omissions, websites, or technology of the online bidding software platforms including, but not limited to: Weschler’s, Invaluable, AuctionZip or LiveAuctioneers. c. Jurisdiction. By bidding at an auction, whether present in person or by agent, absentee bid, telephone bid, online bid, or other means, the winning bidder shall be deemed to have consented to the exclusive jurisdiction for the resolution of any disputes of the state courts in Montgomery County, Maryland. d. Legal Fees. In any litigation between Weschler’s and any bidders (whether the successful bidder or not) the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute. e. No Assignment. Unless Weschler’s consents in writing, a winning bidder may not assign its rights or any of its obligations relating to an auction or other sale by Weschler’s. Any assignment without Weschler’s written consent will be void. f. No Waiver. These Terms and Conditions of Sale may not be waived by Weschler’s unless such waiver is in writing and signed by Weschler’s. A waiver on one occasion shall not be a waiver on any other or future occasion or affect Weschler’s right to insist on strict performance of all other provisions.