Weekly Auctions of Exceptional Items
DoneSun, Apr 27, 2014 11:00 AM EDT
Brentwood, TN, USA
APRIL 27 Chinese and Japanese Works of Art
Sterling Traditions is happy to announce our inaugural online auction that will take place on Sunday, April 27, 2014, beginning at 11 AM EST (8 AM PST) through our online auction venue at LiveAuctioneers. The auction will feature a selection of Asian works of art from China and Japan. A percentage of the buyer's premium will go to benefit the Vanderbilt University Medical Center in Nashville, Tennessee.
Terms & Conditions
STERLING TRADITIONS TERMS AND CONDITIONS FOR OUR AUCTION BUYERS IMPORTANT These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with Sterling Traditions ("Online Bidding"). By registering to participate in a Sterling Traditions auction sale (a "Sale") via Online Bidding, you expressly agree to these terms and conditions. These Sterling Traditions Online Bidding Terms and Conditions are supplemental, meaning that they shall apply in addition to the general Conditions of Sale and other terms and conditions applicable to bidders and buyers participating in the subject Sale (collectively, the "Bid Conditions") and shall be deemed incorporated by reference and made a part of the Bid Conditions for such Sale. The general Bid Conditions are published in the catalog for the Sale (the "Catalog") and/or on our web site, among other places. Additional information applicable to the Sale may also be set out in the Catalog, on our web site, and/or in a notice displayed at the Sale venue, and it is your responsibility to review that information. Please be aware that announcements affecting the Sale may also be made orally before and during the Sale without prior notice. In registering to bid at any Sale, you agree to the applicable Bid Conditions. In addition, use of the Sterling Traditions Online Bidding service is at all times subject to the Sterling Traditions Conditions of Web Site Use. References in this document to "Sterling Traditions", "we" or "us" mean Sterling Traditions and any successors and assigns thereto. References herein to "you" and "your" mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service. REGISTRATION 1. Before you can bid via Online Bidding, you must register to bid online. Please note that you must be registered at least 24 hours prior to the start of any Sale or you may not be able to bid online in that Sale. 2. Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account. 3. You will need to register for each Sale that you wish to bid on. BEFORE THE SALE 1. Prospective buyers are strongly advised to closely examine the photographs of any property in which they are interested before the auction takes place. 2. Condition reports are usually available on request, on lots with a low estimate of $300 and above. 3. All lots are sold "AS IS" and without recourse and neither Sterling Traditions nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. 4. Neither Sterling Traditions nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. 5. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. 6. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. 7. Sterling Traditions and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. 8. All Invoices must be paid by Wire Transfer within 72 hours of a successful bid. Other payment options may be available upon pre-approval, however, all such pre-approval MUST be requested and granted at least three (3) business days BEFORE any bid is placed on the item. If a successful bid is made on the item before such pre-approval, the invoice presented to the buyer MUST be paid by Wire Transfer within 72 hours of the successful bid. 9. The copyright in all images, illustrations and written material produced by or for Sterling Traditions relating to a lot including the contents of this catalogue, is and shall remain at all times the property of Sterling Traditions and shall not be used by the buyer, nor by anyone else, without our prior written consent. 10. Sterling Traditions expressly reserves the right to reproduce any image of the lots sold. SPECIFIC ABSENCE OF GUARANTEE FOR CHINESE AND JAPANESE PAINTINGS The artists' names recorded in our website or in our catalogs are not to be taken as unqualified attributions to the artists named. The current scholarship in the field of Chinese and Japanese paintings does not permit unqualified statements as to the authorship or date of execution. Therefore, none of the Chinese and Japanese paintings property in our website or in our catalogs is subject to any guarantee of authenticity and any Chinese and Japanese paintings property is sold 'AS IS' and reference to any Terms of Guarantee does not apply to the sale of this type of property. ONLINE BIDDING PROCESS 1. Once you have successfully registered for Online Bidding in a Sale, you will be eligible to bid online at that Sale. 2. During a Sale, you can bid for a lot by clicking the Bid button. Each bid shall be final and binding as soon as you click the Bid button. 3. The current bid will be displayed on your screen during the Sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including bids made in person at the Sale, telephone bids, absentee bids, and other online bids), it will be at the auctioneer's discretion as to which bid shall be accepted. 4. You acknowledge that you are bidding in a live auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is the subject of a successful bid submitted from your account). 5. Please note that Sterling Traditions reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a Sale. AFTER THE SALE 1. To find out if you have been successful in your bidding, you may check the results that are published online after the Sale. 2. You agree to pay for any lot that is the subject of a successful bid submitted by you or from your Online Bidding account, in accordance with the Bid Conditions. 3. All Invoices must be paid by Wire Transfer within 72 hours of a successful bid. 4. Other payment options may be available upon pre-approval, however, all such pre-approval MUST be requested and granted at least three (3) business days BEFORE any bid is placed on the item. If a successful bid is made on the item without such pre-approval, the invoice presented to the buyer MUST be paid by Wire Transfer within 72 hours of the successful bid. 5. All bank wire transfer fees are at the expense of, and to be paid by, the buyer and will be included in the invoice sent. 6. Taxes, if applicable, will be calculated and added to the purchase price. 7. ALL SALES ARE FINAL and there are no exceptions. 8. The condition of the merchandise being offered varies. The Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer ?AS IS-WHERE IS,? ?IN PLACE? and ?WITH ALL FAULTS, KNOWN AND UNKNOWN.? PACKING AND SHIPPING All costs for handling and bank wire transfer fees, packing and shipping will be born by the purchaser. Packing and handling of purchased lots is at the entire risk of the purchaser and Sterling Traditions will have no liability for any loss or damage to such items. NON PAYMENT Following the sale, if we do not receive payment in full, in good cleared funds, within seventy-two (72) hours for Wire Transfer, or within seven (7) business days for other payment options that may be available, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: 1. to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price 2. to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law 3. to cancel the sale 4. to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser?s obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier?s checks, we have confirmed their authenticity. 5. to offset against any amount owed 6. to not allow any bids at any upcoming auction by or on behalf of the buyer 7. to take other action as we find necessary or appropriate. USE OF THE ONLINE BIDDING SERVICE & LIMITATIONS OF STERLING TRADITIONS' LIABILITY 1. Photographs of all Lots are available for inspection on our website prior to any Sale, and it is for you to satisfy yourself as to each and every aspect of a lot. You are strongly advised to closely examine the photographs of any lot on which you may bid or have it examined on your behalf before any Sale. 2. If you choose to use the Online Bidding service, you do so entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections. 3. A currency conversion tool may be provided on the Online Bidding screen to enable estimates for lots and the final purchase price to be displayed in certain currencies. The currency conversion tool is provided for your convenience only and is an approximate guide to the equivalent amount in the specified currencies. You are therefore advised to conduct your own research into the applicable exchange rates prior to placing a bid. Please note that the Sale is conducted, and all bids must be made, in US dollar currency. All bidding increments will be in that currency only. Payment for any lot that is the subject of a successful bid must also be made in US dollars and not in any other currency (even if that currency is displayed on the currency conversion tool). We do not accept any responsibility for any errors that may occur as a consequence of reliance upon the currency conversion tool. 4. The content displayed via the Online Bidding service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time. 5. Access to the Online Bidding service is made available as a convenience and on a temporary basis, and we reserve the right to suspend or terminate any aspect or feature of the Online Bidding service (including the Online Bidding service in its entirety) at any time, with or without notice. Without limiting the foregoing, we may suspend access to Online Bidding to carry out scheduled or unscheduled maintenance or for any other reason at any time. 6. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE. 7. STERLING TRADITIONS AND ITS SUPPLIERS PROVIDE THE ONLINE BIDDING SERVICE AND THE STERLING TRADITIONS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. CHANGES TO THESE TERMS AND CONDITIONS 1. We may from time to time make changes to these terms and conditions. Any changes will be posted on our website and we will endeavor to notify you of the same by means of a notice and link to the revised terms on our web site. 2. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. 3. If you use Online Bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Online Bidding service. GOVERNING LAW, ETC. These Sterling Traditions Online Bidding Terms and Conditions shall be governed by, and construed in accordance with, the laws that govern the general Bid Conditions in respect of the applicable Sale as specified therein, and by the other terms and conditions as are set forth in such Bid Conditions. Thank you for visiting our online auctions!