Abell Auction Fine Art & Antique Sale

TERMS AND CONDITIONS OF SALE FOR ON LINE BIDDING This Auction is presented by the A.N. Abell Auction Co., Inc. Live Auctioneers and conducted under these Terms and Conditions as well as applicable state and local law. By participating in the auction, buyer affirmatively represents and acknowledges that he or she has read and understood the terms and conditions of sale set forth herein, and agrees to be bound by the same. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Abell's shall have no responsibility for any error or omission. The absence of a condition statement does not imply that a lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No condition report will be provided after 12:00 noon on Monday, December 9th. All payment must be made within three (3) working days following the auction. ABELL DOES NOT PROVIDE SHIPPING AND IS NOT RESPONSIBLE FOR ANY PACKING, SHIPPING OR REMOVAL OF PROPERTY, including work conducted by third party representatives. A list of qualified shippers is available upon request. 1. A BUYER'S PREMIUM of twenty (21%) will be charged to all successful bidders using the Live Auctioneers (Internet). 2. Buyer specifically acknowledges that ALL ITEMS ARE SOLD "AS IS" "WHERE IS". Buyer further acknowledges that no statement made at any time, whether oral or written, by the auctioneer or staff, shall constitute an express or implied warranty or representation. There are no warranties which have extended beyond the face hereof. Upon request Abell will provide a condition report on any lot with a low estimate of $1,000 and up. Abell strongly recommends that you or your agent personally inspect all items before bidding. 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. Abell shall have no responsibility for any error or omission. Buyer further acknowledges that the absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Abell shall not guarantee the age and/or authenticity of items. It is entirely up to the bidder to determine age and/or authenticity of items. Catalogs, including on-line catalogs and brochures are guides only and are based on sources believed to be reliable but their accuracy cannot be guaranteed. 3. ALL SALES ARE FINAL. Quantities must be checked before removal from Abell, as adjustments will not be made after removal from the premises. All purchases must be removed from the premises at the purchaser's expense no later than seven (7) working days after the purchase date. ABELL DOES NOT PROVIDE SHIPPING AND IS NOT RESPONSIBLE FOR ANY PACKING, SHIPPING OR REMOVAL OF PROPERTY, including work conducted by third party representatives. A list of qualified shippers is available upon request. 4. BIDDERS using the Live Auctioneers platform must submit their registration for pre-approval no later than two business days prior to the commencement of the auction. Abell shall not be responsible for bids submitted after this deadline. Abell shall not be responsible for failing to execute any bids, or errors relating to its execution of such bids, whether by human, mechanical or electronic means. The decision of the Auctioneer and declaration of the successful Bidder is final. A credit card (VISA, MasterCard, American Express) is required for internet and phone bidding. 5. PAYMENT shall be made at the close of auction. Abell reserves the right to request immediate payment for an individual lot as well as a completed invoice. All buyers shall, at the time the purchase is paid, pay any state and local sales taxes, unless legal documentation is on file with Abell exempting buyers from such payments. 6. If any conditions contained in this document are not complied with by the buyer, Abell, in addition to asserting all remedies available by law including the right to hold such defaulting buyer liable for the purchase price, may: (a) cancel the sale, retaining as liquidated damages any payment paid by the buyer, (b) resell the property without reserve at public auction or privately, on seven days notice to the buyer, and/or (c) charge the buyer the highest interest permitted by law until paid in full, and/or (d) take such other action as it deems necessary or appropriate. If Abell resells the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase prize and all costs and expenses, including warehousing, the expenses of both sales, reasonable attorney's fees, commissions, incidental damages and all other charges due hereunder. Any buyer who fails to comply with the conditions contained in this document will be deemed to have granted Abell's security interest in any property owned by such buyer that is in Abell's possession. Abell shall have the benefit of all rights of a secured party under the California Uniform Commercial Code. 7. Should any action be brought to enforce any of the terms and/or conditions set forth in this document, the prevailing party shall be entitled to all court costs and actual attorney's fees incurred. 8. Forms of payment for internet (Live Auctioneers) bidders: Visa, MasterCard, Discover Card, and American Express card.