Exclusive Southwest Art Auction Rare Works

This constitutes Fear Not Art Gallery's and the Consignor's entire agreement with the purchaser relative to the property to be sold on March 14, 2020. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. Fear Not Art Gallery We Buy and Sell Fine Art The gallery is actively seeking to purchase or receive on consignment Modern & Contemporary works of all mediums to add to our rotating gallery collection. The Gallery is happy to offer free appraisals for those collectors considering selling their works exclusively with our gallery. Contact us for more information! (818) 515-3521 Buyer's Terms & Conditions: If you wish to access or use the Site to bid on or make an offer to purchase any items of Property through the Fear Not Art Gallery Auction Site, you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. 1) You will honor all bids placed in an auction, and are obligated to complete the transaction if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. 2) Buyer's Premium: A buyer's premium shall be added to each purchase to reach the total sales price. The buyer's premium for each sale is posted on the Auction detail page. 3) Total Sales Price: The total sales price of an item includes (i) the hammer price of the item (ii) the buyer's premium (iii) applicable sales and other taxes due on account of the sale, (iv) packing, shipping transportation and insurance charges. See points (5) and (6) for more information. 4) Online Bidding: By registering to bid through Fear Not Art Gallery Auctions you agree to accept Gallery Art policies of bid history disclosure, including the policy that live online bidder's increments are not reported when bidding against an absentee bid until the absentee bid is surpassed. Please register to bid well in advance of the start time. Fear Not Art Gallery will not be held responsible for errors or failure to execute bid(s). 5) Shipping & Packing: We ship internationally via USPS, UPS, Fedex and Pilot Freight. We do not ship to P.O. Boxes. Shipping/Packing Costs can vary greatly for tubed shipments, flat shipments, special needs, high value and very large items. Overnight is available. We ship by the most secure methods possible. All items are professionally packed in-house and fully insured. Please inquire for specific shipping charges to your location prior to bidding. 6) Methods of Payments: We prefer Paypal (we ship only to the designated ship to address listed on your paypal account)and Bank Wire Transfers, but also accept personal checks and cod. Pick-ups and shipments within the State of California are required to pay applicable sales tax 9.00%. Wire transfers required for all invoices $750 and over. International bidders: We require bank wire transfers (Swift, Chips, etc) as payment and paypal. All international bidders are responsible for taxes (VAT) and duties imposed by their governments upon receipt of the items. Wire transfer flat fee of $25 will be added to invoice. 7) Payment Due: Buyer shall communicate with Seller within two (2) days of the completion of the auction. Complete payment is due upon receipt of notification of a successful bid and shall be received by the Seller no later than 3 days following the auction. Title shall pass to the Buyer once payment in full has been made. All shipping charges will be borne by the Buyer. See point (6) above. 8) Winning Bid: The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auction coordinator shall decide the buyer. 9) Reserve Price: Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold. Fear Not Art Gallery will act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders. 10) Inquiries: Please email or call us for specific questions regarding lots at Live Auction. Our staff shall answer all inquiries promptly until Auction start time. We do provide a lot of detailed information with each lot to review prior to start of the auction. 11) Withdrawal Prior to Sale: Fear Not Art Gallery reserves the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. 12) Guarantee Terms: All items in the catalog are sold as described and sales are final. Prospective bidders should personally inspect such property to determine its condition and whether it has been repaired or restored. No statement regarding condition, genuineness, attribution, provenance, authenticity, completeness, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by Fear Not Art Gallery. If an item is materially different than was described, Buyer shall have 48 hours from the date the property is received to notify us. After the 48 hour period all items are considered "as is", without recourse. No lot is returnable on account of property included but not specifically named and described in such lot. Lots containing three or more items, whether named or unnamed, and/or selling for $200 or less, exclusive of buyer's premium, are sold not subject to return for any reason. The foregoing guarantee is only valid to the original buyer. The item(s) must be returned in the same condition and the same packaging used from the initial shipment. No purchaser shall be entitled to any remedy, relief or damages beyond the 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. If we are prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser. 13) You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy. 14) Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name. 15) You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site. 16) Entire Agreement; Waiver. This Agreement, including the Fear Not Art Gallery User Agreement and all exhibits and other documents incorporated by reference, set forth the entire understanding and agreement of the parties and supersedes any and all other written or oral agreements or understandings between the parties as to the subject matter of this Agreement. In the event of an inconsistency between this Agreement and any other document, which is part of this Agreement, the terms of this Agreement shall govern. From time to time during the term of this Agreement, Fear Not Art Gallery may amend this Agreement (including any incorporated documents) by posting the amended terms on the Liveauctioneers.com Site, emailing notice of the amendment to the Buyer, or otherwise communicating such amendment to the Buyer. Each amendment will be effective immediately after it is initially posted on the Gallery Art Site, emailed to the Buyer, or otherwise communicated to the Buyer. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. The laws of the State of California shall govern all transactions.