Estates & Collections from Birmingham Alabama

CONDITIONS OF SALE; WAIVERS OF WARRANTY; LIMITATIONS OF LIABILITY Registering for and/or placing a bid at auction constitutes the acceptance of and agreement to these Conditions of Sale; WAIVERS OF WARRANTY; and LIMITATIONS OF LIABILITY (collectively, the ?Conditions of Sale?). These Conditions of Sale are binding and enforceable on all bidders and buyers. 1. WARRANTY WAIVERS; LIABILITY LIMITATIONS All lots are sold AS IS, WHERE IS WITH ALL FAULTS and WITH NO EXPRESS OR IMPLIED WARRANTIES. No statement or description regarding attribution, authenticity, authorship, character, condition, kind, period, provenance, value, size, or quality of a lot, whether made orally or at any other time, in electronic messages, online, in writing, or in a catalogue, website, correspondence, advertising, literature, or elsewhere, is or shall be construed to be a guarantee, an express or implied warranty, or assumption of liability, obligation, or responsibility. The bidder or buyer WAIVES any such warranty, WAIVES any warranty of fitness for ordinary use or for any intended use, and further WAIVES any warranty against redhibitory vices and defects, whether latent, hidden, or apparent, and whether imposed by the Alabama Civil Code or any other applicable statute, law, jurisprudence, or legal authority. The buyer further WAIVES any rights or remedies in redhibition to a return or reduction of the purchase price for any lot, including for any lot with any defect rendering the lot useless, inconvenient, or of diminished usefulness. All sales are final, without exception. Each bidder and buyer agrees and acknowledges that: ? (a) the bidder or buyer is not relying on Bryant Estate Services, LLC?s actual, perceived, or expressed skill, expertise, experience, knowledge, or judgment in deciding to purchase any lot; ? (b) no oral, written, or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere regarding attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value is the cause of or reason behind the buyer?s purchase of any lot; ? (c) the buyer would have purchased any lot regardless of any oral, written, or electronic statement or description about attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value; ? (d) Bryant Estate Services, LLC did not know, nor should it have known, that attribution, authenticity, authorship, character, condition, kind, period, provenance, size, quality, or expressed value is the cause or reason why the buyer decides to purchase any lot; ? (e) the buyer?s purchase of any lot is not intended to gratify a nonpecuniary interest; ? (f) Bryant Estate Services, LLC did not know, nor should it have known, that any oral, written, or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere would cause a pecuniary or nonpecuniary loss to any bidder or buyer; ? (g) the bidder or buyer has had the opportunity prior to bidding to make independent inspections of, and conduct due diligence on, all lots being offered; ? (h) there is no inspection or examination period after the auction bidding; ? (i) the bidder?s or buyer?s failure to be fully informed as to the attribution, authenticity, authorship, character, condition, kind, period, provenance, quality, size, or value of a lot will not be grounds for any reduction of the purchase price or rescission of the sale; ? (j) Bryant Estate Services, LLC shall not be liable, obligated, or responsible for the presence of lead-based paint or any other environmental or other hazard of any lot; ? (k) Bryant Estate Services, LLC shall not be liable, obligated, or responsible to the buyer as to third parties who may claim rights to or interests in any lot; ? (l) the buyer is buying at the buyer?s sole risk and peril; ? (m) Bryant Estate Services, LLC shall not be liable, obligated, or responsible for any errors or omissions in any oral, written, or electronic statement or description in a catalogue, website, correspondence, advertising, literature, or elsewhere. Each bidder and buyer WAIVES and RELEASES any and all claims arising out of the matters expressed above. All such waivers, releases, and limitations of liability shall apply to Bryant Estate Services, LLC and its owners, officers, directors, representatives, insurers, agents, and employees. 2. Fine Art Subject to the foregoing Conditions of Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, with respect to authorship of works of fine art, the following phrases have the following meanings: ? ARTIST ? In our qualified opinion, we believe the work is by the artist named. ? Attributed to ARTIST ? In our qualified opinion, we believe the work may be ascribed to the artist named on the basis of style and period, but our opinion is less certain than in the previous category. ? Signed ?ARTIST? ? In our qualified opinion, the signature, monogram, or other indication of authorship is a signature of the artist. ? School of ARTIST ? In our qualified opinion, the work is of the period of the artist named, by a student or a follower of the artist, but not by the artist. ? Manner of ARTIST ? In our qualified opinion, although the work is in the style of the artist named, it is actually of a later period. ? After ARTIST ? In our qualified opinion, the work is a copy of a known work of the artist named. ? Bears signature ?ARTIST? ? In our qualified opinion, although the work bears the signature or monogram of the artist, the work most likely is not that of the artist. 3. Discretionary Rescission Notwithstanding the foregoing Conditions of Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, Bryant Estate Services, LLC may in its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale of a work of fine art on the basis of authenticity of authorship only under the following terms, conditions, and LIMITATIONS OF LIABILITY, all of which apply, and the buyer WAIVES and RELEASES any other rights, relief, or remedies: ? Bryant Estate Services, LLC shall not grant rescission of any lot identified by the terms attributed to, signed, school of, manner of, after, or bears signature. ? Bryant Estate Services, LLC shall not grant rescission of any lot unless the buyer notifies Bryant Estate Services, LLC in writing within 25 calendar days from the date of the auction and returns the lot to Bryant Estate Services, LLC in the same condition that the lot was in at the time of sale. ? Bryant Estate Services, LLC shall not grant rescission regarding any lot unless the buyer presents to Bryant Estate Services, LLC a written document signed by a recognized art expert acceptable to Bryant Estate Services, LLC that the lot in question is a forgery. ? Bryant Estate Services, LLC shall not grant rescission to any person (including but not limited to the original buyer?s heirs, legatees, assigns, transferees, or subsequent purchasers) other than the original buyer. Any rights or interests of the original buyer are not transferrable, inheritable, or assignable. ? Bryant Estate Services, LLC shall not grant rescission when: (a) there is a conflict of expert opinion as to the authorship; (b) expert opinion supported authorship at the time of auction, although expert opinion may have changed afterward; and (c) scientific or other tests, examinations, investigations, research, or processes that were unavailable, expensive, or impractical at the time of the auction have revealed since that time that the author, character, condition, kind, provenance, period, quality, or value Bryant Estate Services, LLC believed to be accurate at the time of sale was inaccurate. In any dispute between Bryant Estate Services, LLC and the bidder or buyer regarding authorship of a work of fine art, rescission of the sale and refund of the purchase price paid shall be the buyer?s sole recourse or remedy, if any is available. Bryant Estate Services, LLC (and its owners, officers, directors, representatives, agents, insurers, and employees) shall not be liable, obligated, or responsible for any damages (including compensatory, general, incidental, consequential, exemplary, or special damages), non-pecuniary losses, costs, expenses, injury, mental anguish, lost profits, attorneys? fees, or any other monetary, declaratory, equitable, or injunctive relief or remedy. The buyer WAIVES and RELEASES any and all such damages, relief, and remedies.

If you have not contacted Bryant Estate Sales 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.

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