American, European, and Japanese Art

1. While great care has been taken to correctly catalogue the items in our best judgment, error can and do occur. West Wind Auction (WWA) will consider any reasonable request to refund any items on the grounds of authenticity. Only under the following condition will a refund be considered. 1. WWA must be notified by telephone and in writing within 14 days from the date of the sale that the lot is not authentic. 2. Within 21 days of the date of the sale, the purchaser must return the lot in the condition it was in at the time of sale accompanied by a letter from a mutually recognized authority in the field that states that the lot is a forgery. 2. All weights and measurements are approximate to within +/- 1 digit in the last decimal place. 3. WWA reserves the right to withdraw any lots without prior notice. 4. All lots will be sold in numerical order unless otherwise stated by the auctioneer 5. The auctioneer will accept bids from bidders present at the auction site, internet bidders and proxy bidders participating by telephone or who leave written order bids with WWA in advance of the auction. WWA will not be held responsible for any errors or failure to execute bids, or for any computer glitches on internet bids. 6. WWA has the right to reject bids based on the auctioneer's discretion. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 7. Some lots in the sale may be subject to a reserve. The reserve is a confidential minimum price agreed upon between WWA and the consignor. The reserve will always be set equal to or below the low estimate. An agent of WWA will execute any reserve on behalf of the consignor. 8. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, WWA sales records shall be conclusive as to the purchaser and amount of the highest bid. 9. All invoices are due immediately upon receipt. A 1.5% monthly interest rate will incur on all unpaid invoices after 30 days. 10. For payment by personal checks, WWA will withhold merchandise until the check has cleared. 11. All purchases are subject to New York State sales tax of 8.875% unless the purchaser possesses and provides a New York sales tax exemption certificate. Sales tax will not apply if purchased by a bidder out of the state of New York and the item is being shipped out of the state of New York by WWA or a commercial shipping company. 12. A premium of 20% for internet bidding, will be applied to all property sold, to be paid by the purchaser as part of the sale price. 13. Any item not paid for will be kept in storage by WWA or no more than 15 days. After 15 days the merchandise will be considered abandoned and resold or returned to the consigner. 14. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 15. WWA at their discretion will provide in-house shipping for all items as described in the item description. Requests for special handling must go through a third party shipper. Shipping charges will include all costs of time, materials, insurance and freight charges. 16. Information, condition reports and Registration approval requests must be received by 3pm on the day before the auction day (US Eastern Time). Thereafter, WWA will try to accommodate without guarantee.