Folk Art & African Art Auction

By registering and bidding in an auction conducted by Clark Art & Antiques bidders (whether present in person, be telephone, by agent, by written or telephone absentee bid instruction, or through a live internet connection) agree to be bound by these terms. These are the complete and only terms and conditions on which all property is offered for sale. Clark Art & Antiques retains the right to bar any bidder from participating in any auction and to exclude or reject any bid. 1. REGISTRATION. All bidders must register their name, permanent street address ( no PO boxes), and telephone number prior to the auction. Unless unknown to Clark Art & Antiques, all registrants are required to present two forms of identification, at least one of which must include a current photograph. Bidders may be required to present a valid Visa of MasterCard. By registering with Clark Art and Antiques or submitting an absentee bid form, an individual registrant authorizes Clark Art and Antiques, to obtain a copy of his or her consumer credit report and authorizes Clark Art and Antiques, at its sole discretion, to use the information contained therein to make business decisions regarding the registrants participation in the bidding process. 2. ACCEPTANCE OF TERMS. Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the bidder's agreement to be bound by these terms and conditions for bidders. Any right of bidder under this agreements shall not be assignable and shall only be enforceable by the original buyer. The rights and obligations of the parties shall be governed by the laws of the state of Kentucky. All bidders submit to the personal jurisdiction of the state and federal courts of Kentucky. 3. TERMS OF SALE. Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer" If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold. 4. BUYERS PREMIUM. Buyers shall pay the final bid price (the "hammer price") of the lot plus a buyer's premium. Cash, check, MC, Visa accepted. 10% Buyer's premium for on-site, absentee and phone bids. 15% Buyer's premium on EBAY. All shipping is the responsibility of the buyer. We can arrange for a professional shipper to pack and ship your successful bids. 5. ESTIMATES AND RESERVES. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Clark Art and Antiques retains the right to change estimates on any lot up to the time of the sale. A reserve is a confidential minimum price agreed upon by the seller of the lot and Clark Art and Antiques. In the case of reserved lots, the seller has authorization Clark Art and Antiques to bid on sellers behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. 6. WARRANTIES AND DISCLAIMERS. Clark Art and Antiques makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after the bidder's receipt of the purchased lot. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts i the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of the sale. Clark Art and Antiques shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty. Except as provided in the immediately proceeding paragraph, EVERY LOT IS SOLD "AS IS", without any representations or warranties by Clark Art and Antiques or the seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalogue of other description of the property, and no statement, whether written or oral, shall be deemed such a representation, warranty or assumption of liability. Clark Art and Antiques makes no representation or warranty that the buyer of manuscript material, photographs, prints, or works of art will acquire any copyright or reproduction rights. Clark Art and Antiques does not guarantee the working order of any clock, watch, electronic, or mechanical device. Dimensions given in the catalogue description are approximate. 7. INSPECTION. All lots are available for inspection prior to the auction. Condition reports for most items can be requested at 859-361-2147. Clark Art and Antiques does not warrant the condition of any item. Buyers interested in the condition of an item are encouraged to contact us and, to the best of our ability, Clark Art and Antiques will document for the prospective bidder the condition status on any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by Clark Art and Antiques. INTERNET BIDDING Absentee and telephone bidding is offered as a free service to our customers and prospective bidders. Clark Art and Antiques shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via internet. 9.ABSENTEE BIDDING. Absentee bids are accepted via mail or email. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest bidder. All absentee bids must be made on Mark Mattox Auctioneers absentee bid form, and signed by the prospective bidder. An absentee bidder unknown to Clark Art and Antiques may be required to submit a bank letter or credit prior to the auction, or, using a credit card, deposit with Clark Art and Antiques a fee equaling 30% of the absentee bid. All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee bidder only if necessary. Clark Art and Antiques does not accept buy bids or absentee bids which have no limit. In the event of a tie bid between a floor and an absentee bidder, the floor bid will be honored. All absentee bids must be received no later than 6:00 p.m. eastern standard time, the day before the start of each auction session. 11. INTERNET BIDDING. Internet bidding via ebayliveauctions.com is available. There may be terms which apply to internet bids that should be reviewed on line at the time of the sale. Clark Art and Antiques is not responsible for any failure to execute a bid and shall have no liability to any bidder for any technical or other failure associated with an internet auction. 12. BIDDING INCREMENTS. The following increments are used at the auction. Absentee bids must fall within these increments. Clark Art and Antiques will automatically reduce any absentee bid to the closest increment if the bid falls outside the published range of increments. Bids Between Bidding Increment $0-100 $10 $101-500 $25 $501-1000 $50 $1001-3000 $100 $3001-5000 $250 $5001 and up $500/auctioneer discretion Clark Art and Antiques reserves the right to modify increments at any time during the auction. AFTER THE AUCTION 13 BUYERS RESPONSIBILITY. Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for the lot, including liability for loss of damage and is liable for payment of the Purchase Price (as defined below) to Clark Art and Antiques. 14 PURCHASE PRICE AND PAYMENT. The "Purchase Price" for each lot shall equal the hammer price, buyers premium, sales tax, and if applicable, all packing, handling, insurance and shipping costs. Cash, check, MC, Visa accepted. Clark Art and Antiques reserves the right to hold a purchased lot until a check has cleared. Buyers who are present at the auction must pay the full purchase price at the time of the sale. Buyers who bid by phone or who are absentee bidders will be invoiced within 5 days after the close of the auction and must pay the full purchase price for each purchased lot within 14 days after the date of the auction. By signing the absentee bid form of placing a bid by phone, an absentee bidder authorizes Clark Art and Antiques to charge the purchase price for each lot for which such bidder is the successful to the credit card number provided by telephone or on the absentee bid form, unless payment in full or alternative payment instruction is received within 14 days after the date of the auction. No property will be released by Clark Art and Antiques unless the purchase price has been paid in full. Institutional billing may be available, and should be arranged prior to the auction. Clark Art and Antiques may impose late charges of 1.5% per month (or the highest interest rate allowed) on any amount owed to Clark Art and Antiques that remains unpaid up to 30 days. Buyer shall be liable for any collection costs or attorney's fees incurred by Clark Art and Antiques to collect payment, to the extent permitted by law. 15. SALES TAX. Buyers are required to pay an applicable state and local sales tax 16. SHIPPING. All shipping is the responsibility of the buyer. We can arrange for a professional shipper to pack and ship your successful bids. Clark Art and Antiques is in no way responsible for the acts or omissions of independent handlers, packers, or shippers or purchased items or for any loss, damage, or delay from the packing or shipping of any property. 17. REMOVAL AND STORAGE OF PROPERTY. If purchased property has not been removed, or Clark Art and Antiques has not received shipping instructions within 21 days after the auction date, a $10 per item storage fee may be charged to the buyer. 18. CANCELLATION OF SALE. If purchased property remains in custody of Clark Art and Antiques for a period of 60 days following the auction, Clark Art and Antiques, at its opinion, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, for the account and at the risk of the buyer, and in such event, buyer shall be liable for the payment of all deficiencies plus all of Clark Art and Antiques costs, including but not limited to storage costs of both sales. This right of cancellation is in addition to any and all other remedies available to Clark Art and Antiques.

Local Taxes Apply