March 2004 Art Auction

Terms & Conditions: TERMS AND CONDITIONS

By bidding in this auction, Prospective bidders (whether present in person, or by agent, by written, telephone, email, or through a live internet connection) agree to be bound by the following, the TERMS AND CONDITIONS, CONDITION OF ITEMS, HOW DO I BID? and AFTER THE SALE. These are the complete and only terms and conditions on which all property is offered for sale.

STANDARD TERMS AND CONDITIONS
All property offered and sold through Santoro and Shienbaum, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale.

ALL PROPERTY IS SOLD "AS IS" and "WHERE IS". The Consignor, Santoro and Shienbaum, ("Auctioneer", or "Broker", or the "Company") MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE. THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall The Consignor, Santoro and Shienbaum, ("Auctioneer", or "Broker", or the "Company") be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability.

Internet Registration is permitted Thorough ebayliveauctions and liveauctioneers.com.
Registration. In order to participate in our auction you must first register with Santoro and Shienbaum. Registration requires the following: Full Name - Address - Telephone Number - and Credit Card # with Exp. Date - either Visa or Mastercard. This information may be provide by FAX: 561 482-0327; Phone: 561 703 18-10 or email: Liveartauction@aol.com

Terms of Sale. The highest bidder for each lot shall be the buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed lot shall be put up again at the last undisputed bid and resold.

TITLE FALLS ON THE FALL OF THE AUCTIONEER’S HAMMER to the highest acknowledged bidder subject to Santoro and Shienbaum conditions of sale and such bidder/purchaser assumes full risk and responsibility of the lot of property. Winning bidders are responsible for collecting their purchase(s) from Santoro and Shienbaum. Purchased items must be paid the day of the sale and removed from our gallery the day of the sale or within three (3) days of the auction. Furniture shall not be removed until after the auction has ended.

Buyer’s Premium. Successful bidders shall pay the hammer price of each lot, plus a 15%, added on buyer’s premium. Internet bidders shall pay the hammer price of each lot plus 15% added on buyer’s premium. Unless exempt by law, all purchases (including buyers premium) are subject to local sales or use tax.

Payment. Live Bidders are required to pay for their purchases the day of the Sale. No Items shall be removed from the Gallery unless payment is made in full. Internet bidders are required to pay for their purchases immediately upon receipt of an electronic, or paper invoice (see below). Acceptable forms of payment include personal check, bank check, bank transfer, Visa or MasterCard or paypal.

For Internet Bidders: IF Santoro and Shienbaum HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 5 (TWO) DAYS AFTER BIDDERS HAVE BEEN NOTIFIED OF THEIR PURCHASES, THE BIDDER AUTHORIZES Santoro and Shienbaum TO CHARGE THEIR PURCHASE(S) TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.

CATALOG DESCRIPTIONS: Condition of Items in the Sale. ALL PROPERTY IS
SOLD "AS IS" and neither Santoro and Shienbaum nor the consignor makes any warranties or representations of any kind or nature with respect to the property or it’s value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of it’s value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.

Condition Reports: We at Santoro and Shienbaum have attempted to provide you with any major defects, on many of our lots listed in our catalogue with each lot. However, as with all previously owned or used items, we consider normal wear and scuffing to be part of the normal/expected wear for items of such age. So that which we consider to be minor or normal wear is not listed. You will find these condition reports at the end of each description. It should be understood that Santoro and Shienbaum and its employees are pleased to provide you with general condition reports of lots offered for auction. Prospective buyers should satisfy themselves as to condition and must understand that any statements made by Santoro and Shienbaum or its employees is merely a subjective qualified opinion. Notwithstanding written condition reports all lots are sold "As Is" and "Where Is" in accordance with the conditions of business printed in our catalogues and posted within the registration format of live bidding. While condition reports for most items can be found online, prospective bidders are urged to contact Santoro and Shienbaum directly for detailed information regarding any lot. THERE SHALL BE NO RETURNS FOR ANY REASON.

Estimates. Pre-sale estimates of the expected hammer price of each lot are provided for the convenience of prospective bidders. In most cases, they do not represent reserves. Bidders are encouraged to bid what they feel an item is worth.

Internet bidding through Live Auctioneers and ebaylive auctions is offered as a service to our customers, and prospective bidders shall not hold Santoro and Shienbaum, the auctioneer or staff responsible for any errors or failures in executing bids, nor shall they hold Metropolitan Galleries and the auctioneer responsible for any failure due to the loss of the auction applet supplied to Santoro and Shienbaum by ebaylive auctions.

Absentee Bidding: Santoro and Shienbaum accepts absentee bids however, absentee bidders must first register with the Gallery. Santoro and Shienbaum will execute absentee bids in a competitive manner, however Santoro and Shienbaum and/or their staff shall not be responsible for any errors or failures in executing bids. Unless otherwise agreed, the credit card placed on file during the registration process shall be billed if the absentee bid is the winning bid. Absentee bidders are subject to the same terms and conditions as Live Bidders and must remove their items from the Gallery no later than three (5) days of the Auction unless other prior arrangements have been agreed to by Santoro and Shienbaum.

Phone Bidding: Santoro and Shienbaum provides phone bidding as a courtesy to our clients. Phone bidders must first register with the Gallery and provide a phone number (preferably not a cell phone number) where they can be reached during the sale. Phone bidders must contact the Gallery no later than one (1) day prior to the auction and provide the lot numbers and description of the items that they wish to place bids. In the event that Bidder is not available at the time Santoro and Shienbaum and/or their staff phone the number provided by bidder, Santoro and Shienbaum shall not be responsible for failure to contact the bidder. Phone bidding is only available for lots with a low estimate of $100.00. Phone Bidders are subject to the same terms and conditions as Absentee Bidders.

AFTER THE AUCTION

Internet Billing: Santoro and Shienbaum will invoice all successful bidders within 48 hours after the close of the auction. Successful bidders are expected to pay for their purchases immediately. IF PAYMENT IS NOT RECEIVED WITHIN 5(TWO) DAYS AFTER receipt of an electronic, or paper invoice, INTERNET BIDDERS AUTHORIZE Santoro and Shienbaum TO CHARGE THEIR PURCHASES TO THEIR CREDIT CARD LEFT ON FILE WITH THEIR ABSENTEE/INTERNET BID.

Internet: SHIPPING: ALL PACKING, SHIPPING & INSURANCE IS PAYABLE BY THE BUYER! Santoro and Shienbaum will facilitate such arrangements and can suggest local packaging and shipping companies by request. Packing and handling of purchased lots is at the entire risk of the purchaser. It is essential that items are paid for and their delivery arranged WITHIN FIVE (5) DAYS after the close of auction. We at Santoro and Shienbaum are please to assist our successful buyers by providing a list of local packers and shippers and will also be able to give shipping quotes at anytime before or after the sale. The successful bidder is responsible for collecting his/her purchase. PAYMENT, AND CLAIMS. PLEASE NOTE: Purchaser agrees that any item(s) not removed from the Gallery after FOURTEEN (14) DAYS of the close of the auction, shall incure a storage fee of $20.00 per day per item. NO EXCEPTIONS. IF PAID PROPERTY IS NOT REMOVED WITHIN THIRTY (30) DAYS AFTER THE CLOSE OF THE THE AUCTION, UPON RECEIPT OF WRITTEN CONFIRMATION OF SELLER TO PURCHASER, THE OWNERSHIP OF THE ITEM SHALL REVERT TO THE GALLERY.

Unless exempt by law, all purchases (including buyers premium) are subject to local sales or use tax.