Fine Arts Winter Collection

PLEASE READ ALL TERMS AND CONDITIONS BEFORE BIDDING. PLACING A BID CONSTITUTES FULL AND COMPLETE ACCEPTANCE OF ALL TERMS AND CONDITIONS, SHIPPING, AND PAYMENT OF SALE. 1. AUCTION OVERVIEW Welcome to Benson Auction Services! We offer a wide variety of fine art, antiques, jewelry, furniture, collectibles, and more. All items are sold through competitive bidding in a professional auction process. To ensure a smooth auction experience, please familiarize yourself with the following terms and conditions. Our auctions are conducted online through third-party platforms including Proxibid and LiveAuctioneers. By participating in our auctions, you agree to be bound by these Terms & Conditions, as well as the terms and conditions of the applicable auction platform. 2. ELIGIBILITY & REGISTRATION 1. Age Requirement: You must be at least eighteen (18) years of age to register, bid, or purchase items from Benson Auction Services. 2. Accurate Information: You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. 3. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 4. Verification: Benson Auction Services reserves the right to verify your identity and information to safeguard the integrity of our auctions and reduce the risk of fraud, money laundering, terrorist financing, and violation of trade sanctions. 3. BIDDING TERMS 3.1 As-Is Condition This is a liquidation sale. All items are sold AS IS, WHERE IS, and all sales are final. All lots are sold with no guarantees of any kind, with all faults, imperfections, and errors of description, regardless of statement of condition made from the auction block or in the description or title of the lot in the catalog. Buyers shall rely entirely on their own inspection and their own knowledge. 3.2 Bidder Responsibility Bidder is responsible for knowing which item they are bidding on. If unsure, bidder should inquire or refrain from bidding. If you become the winning bidder, you have entered into a legally binding contract and are expected to pay for the item(s). 3.3 Auction Authority Benson Auction Services has full discretion to refuse any bids, prefer floor bidders on tied bids, to divide any lot, to combine any two or more lots, and to withdraw any lot from the sale without giving reason(s). 3.4 Tie Bids The Auctioneer has full discretion in the event of a tie bid and will recognize the bid that they see first and has the right to prefer bids from in-person bidders on the floor. Therefore, it is possible for an item to sell to a floor bidder at the exact bid left by an internet bidder. 3.5 Disputed Bids In the case of a disputed bid, the auctioneer, at his or her sole discretion, will determine the successful bidder or may re-offer and resell the article in dispute. 3.6 Bid Increments Bidding will proceed according to the following increment schedule: 1. $0 - $49: $5 increments 2. $50 - $199: $10 increments 3. $200 - $499: $25 increments 4. $500 - $999: $50 increments 5. $1,000 - $4,999: $100 increments 6. $5,000 - $9,999: $250 increments 7. $10,000+: $500 increments 4. ITEM CONDITION & AUTHENTICITY 4.1 Condition Reports The absence of a condition report does not mean the item is free of damage or defects. It is the buyer's sole responsibility to inspect and/or preview all lots prior to auction and/or to request a condition report prior to sale. Items sold are often of some age and as such may have associated wear. 4.2 Special Notes on Specific Items • CHANDELIERS & LIGHT FIXTURES: May be of some age. We strongly recommend a licensed electrician inspect any light fixtures prior to installation. Benson Auction Services accepts no responsibility for the wiring or lack of wiring of any light fixture. • WATCHES: May be subject to aftermarket enhancements. Bidders are encouraged to request a full condition report. • GEMSTONES: May have been enhanced or treated. Bidders are encouraged to request a full condition report. • JEWELRY: We are not gemologists and do not have the laboratory or experience to tell the difference between synthetic man-made stones and stones from the earth. Please bid using information and experts available to you in advance. • ASIAN ART: We cannot guarantee the authenticity of Chinese or Asian art. These are often copied from pre-existing models, and dating such objects is often difficult. We strongly encourage all prospective buyers to carefully examine and inspect any items before bidding. • PURSES: All purses are sold as authentic. 4.3 Fine Art Attribution Policy Benson Auction Services conducts auctions through third-party platforms including Proxibid and LiveAuctioneers, which maintain listing policies regarding the description of fine art. The following attribution guidelines reflect the requirements of these platforms and are provided for informational purposes to help buyers understand how works are cataloged. DISCLAIMER: BENSON AUCTION SERVICES MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE AUTHENTICITY, ATTRIBUTION, PROVENANCE, CONDITION, OR VALUE OF ANY WORK OF ART. ALL WORKS ARE SOLD "AS IS" IN ACCORDANCE WITH SECTION 3.1 OF THESE TERMS. It is the sole responsibility of the buyer to investigate and satisfy themselves as to the authenticity and description of any lot prior to bidding. Buyers are encouraged to consult independent experts and conduct their own due diligence. The attribution terms and qualifiers used in our listings are statements of qualified opinion only and do not constitute guarantees or warranties of any kind. Definitions: • "Master Artist" means an artist with a well-established secondary market, meaning the artist's work routinely sells at auction and is generally in high demand. • "Catalogue Raisonné" means a comprehensive, annotated catalog of all the known works of an artist. Platform Requirements for Evidence of Authenticity: The following requirements are imposed by our third-party auction platforms for works listed as genuine/authentic by a master artist. One of the following must be documented: • If the artist has a catalogue raisonné, the work must be listed in that catalog, and the listing must include a reference to the work in the catalogue raisonné. • If the artist has a catalogue raisonné in progress, the work must have been reviewed by the authors of that catalogue raisonné and marked for inclusion in the published volume. • If the artist does not have a catalogue raisonné or one forthcoming, the work must have been reviewed by the leading scholar on the artist's work. For works by living, contemporary artists listed as genuine, platform requirements specify that provenance should begin with the artist or the artist's gallery. Attribution Qualifiers (Works Without Provable Authenticity): When reasonable evidence of authenticity cannot be provided, works will be cataloged using the following attribution qualifiers. These qualifiers indicate that the work is NOT an original work by the named artist: • "In the Style of [Artist Name]": Works by an unknown creator whose style is strongly under the influence of the style of the named master artist. (Source: Getty Art & Architecture Thesaurus). This qualifier may apply to works from any time period. • "In the Manner of [Artist Name]": Works in the style of the named artist but created at a later date than the artist's active period. (Source: Getty Art & Architecture Thesaurus). • "After [Artist Name]": For paintings and unique works, this means a work by an unknown creator who has created a copy of a known work of the named artist. For prints and multiples, this means a print that reproduces a work of art by the named artist in another medium. (Source: Getty Art & Architecture Thesaurus). Works listed "after" must indicate exactly which work is being copied and may not bear a forged artist's signature. Prohibited Terminology for Works Without Provable Authenticity: Listings using "In the Style of," "In the Manner of," or "After" qualifiers will NOT use the following words: "signed," "signature," "mark," "authentic," "authenticity," "attributed," "attrib.," or "original." Additional Attribution Terms (Qualified Opinions Only): The following terms may be used to describe works and represent qualified opinions only, not guarantees: • "[Artist Name]" or "By [Artist Name]": In our qualified opinion, a work by the artist. • "Attributed to [Artist Name]": In our qualified opinion, probably a work by the artist but with less certainty as to authorship. • "Studio of [Artist Name]" or "Workshop of [Artist Name]": In our qualified opinion, a work by an unknown hand in the studio or workshop of the artist, possibly under the artist's supervision. • "Circle of [Artist Name]": In our qualified opinion, a work by an unidentified but distinct hand closely associated with the named artist. • "School of [Artist Name]": In our qualified opinion, a work by a pupil or follower of the artist. • "Follower of [Artist Name]": In our qualified opinion, a work by a painter working in the artist's style, contemporary or near contemporary, but not necessarily a pupil. • "Signed" / "Dated" / "Inscribed": In our qualified opinion, the work has a signature/date/inscription by the hand of the artist. Certificates of Authenticity (COA): If a listing references a Certificate of Authenticity, the following platform requirements apply. A valid COA must: • Be executed by a person who has earned an appraisal designation from a recognized professional appraiser organization, or who can demonstrate verifiable education and experience in assessing the type of property being appraised. • Be executed by a person who is not the buyer, recipient, or seller of the article and does not benefit from the results (other than the cost of the appraisal), and is not an employee of any business that is a party to the transaction. • Contain a detailed description of the article, including size, medium, artist or culture, approximate date created, and a professional quality image; the name, address, and qualifications of the appraiser; and the date of appraisal. For works listed "In the Style of," "In the Manner of," or "After," a COA may only be included if it names the replicating (non-original) artist and uses the appropriate attribution qualifier before any reference to the master artist. The COA must be included in the listing images. 5. REFUND & CANCELLATION POLICY 5.1 All Sales Final All sales are final. Due to the nature of liquidation auctions and the "as-is" condition of merchandise, we do not offer returns or refunds except in cases of gross material misrepresentation as determined solely by Benson Auction Services. 5.2 Exceptions In the rare event that Benson Auction Services determines that a significant, material misrepresentation has occurred in the description of an item, we may, at our sole discretion, consider a refund or credit. Any claim must be made in writing within seven (7) days of receipt of the item. Items must be returned in the same condition as received. 5.3 Refund Method Should Benson Auction Services agree to issue a refund on any purchased inventory, it will be given exclusively in the form of an in-store credit minus a 20% restocking fee, unless otherwise required by law or payment network rules. 5.4 Account Reinstatement Accounts that have been suspended due to non-payment may be reinstated for a 20% non-refundable restocking fee. 5.5 Chargebacks & Payment Disputes If you dispute a charge with your bank or credit card company (a "chargeback") without first attempting to resolve the issue directly with Benson Auction Services, we reserve the right to suspend your account, pursue collection of all amounts owed, and seek recovery of all costs and fees associated with the chargeback, including administrative fees and legal costs. Initiating a chargeback for a valid auction purchase may constitute fraud and reserve their right to prosecute to the fullest extent of the law. 6. BIDDING PLATFORMS 6.1 Online Bidding Benson Auction Services will email successful internet bidders an invoice within 12 hours of the end of the auction. If you do not receive an invoice within 48 hours, please contact Benson Auction Services directly at 1-404-441-5329 or email us at contact@BensonAuctionServices.com. 6.2 Absentee & Phone Bidding Absentee, phone, and internet bidding are offered as a courtesy. Benson Auction Services accepts no responsibility for a missed bid or withdrawal of any lot for any reason with or without notice. 6.3 Consent to Electronic Communications By registering for our auctions, you consent to receive invoices, notifications, and other communications from Benson Auction Services via email and/or text message at the contact information you provide. You agree to accept all disclosures and other communications at the primary email address associated with your account. 7. LEGAL CONSIDERATIONS 7.1 Binding Contract Submitting any bid on any item constitutes bidder's acknowledgment and acceptance of all terms and conditions of sale. In the event a bidder refuses to comply with any terms of sale, including failure to pay for any item, Benson Auction Services has the right to pursue any and all legal remedies available under the laws of the State of Georgia. 7.2 Governing Law & Venue These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms & Conditions shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of such courts. 7.3 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENSON AUCTION SERVICES' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR ANY AUCTION SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE ITEM(S) GIVING RISE TO THE CLAIM. IN NO EVENT SHALL BENSON AUCTION SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. 7.4 Indemnification You agree to indemnify, defend, and hold harmless Benson Auction Services, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms & Conditions; (b) your use of any item purchased at auction; (c) your violation of any law or regulation; (d) any dispute between you and a third party; or (e) your use of any payment service in violation of the applicable payment processor's terms and conditions. 7.5 Severability If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 7.6 Force Majeure Benson Auction Services shall not be liable for any delay or failure to perform any obligation under these Terms & Conditions if the delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. 7.7 Amendments Benson Auction Services may amend, supplement, or remove any of these terms and conditions at any time. If we do so, we will post such changes on our website. Your continued participation in our auctions following the posting of any such changes will indicate your acceptance of the amended Terms & Conditions. 8. INTELLECTUAL PROPERTY All content included in our auction catalogs, including but not limited to photographs, descriptions, and other materials, is the property of Benson Auction Services and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or use any content from our catalogs without our prior written consent. 9. ACKNOWLEDGMENT By registering for this auction, you verify that you have read and understand these Terms & Conditions of Sale. You ACCEPT them in their entirety as a condition to bid at Benson Auction Services. AUCTIONEER LICENSE AU004724 Benson Auction Services Atlanta & North Georgia Phone: 1-404-441-5329 Email: contact@BensonAuctionServices.com

If you have not contacted Benson Auction Services 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.