Mathesons' Spring On-Line Art Auction

1. We, at Mathesons' use all resources and our experience to describe the lots as accurately as possible. However, the property is sold "as is", and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property. If the buyer has any questions about a lot, we encourage said buyer to contact us prior to bidding. Items sold with paperwork or authentication will include a guarantee. If the guaranteed item is subsequently not found to be by the artist whose signature it bears, by a universally recognized expert on that particular artist within 30 days of the sale, then Mathesons' Auction will refund both the hammer price and the buyer's premium back to the buyer upon return of the item (in the same condition as it was when it left our gallery) and receipt of a written statement by the mutually accepted expert. 2. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have the final decision. 3. All merchandise purchased must be paid for before items can be removed from the gallery and within 10 business days of sale. Mathesons' may impose, and the purchaser agrees to pay, a monthly storage charge of $35.00 if the item in question is not shipped within thirty five (35) days after the date of sale. Mathesons shall have no liability for any damage to property left on its premises. At the option of Mathesons, the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. 4. Live Auctioneers will be accepting all major credit cards on behalf of Mathesons. Mathesons will additionally be accepting in-house payments by check, cash, wire and Paypal. Mathesons reserves the right to hold merchandise purchased until the check has cleared the bank. The purchaser agrees to pay Mathesons a handling charge of $25.00 for any check dishonored. 5. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Mathesons may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale. 6. In no event will the liability of Mathesons to any purchaser to any item exceed the purchase price actually paid by such purchaser for such item. 7. Shipping costs are the responsibility of the purchaser. Mathesons' in-house shipper is Auction Shippers of Brevard. The phone number is 321-266-2289 and email address: Auctionshippersofbrevard@gmail.com. 8. All purchases are subject to Brevard County, Florida 7% sales tax unless the purchaser possesses a Florida sales tax exemption number. Exemption numbers from other states are accepted in Florida. 9. The buyer's premium on in-house purchases, which includes telephone or absentee bids, will be 10% and any purchases made on line will be 13%. 10. Bidding on any item indicates your acceptance of these terms and conditions. 11. These conditions of sale shall be governed by the laws of the State of Florida (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Mathesons in connection with the transactions contemplated by this agreement shall be brought, in the courts of Brevard County, Melbourne, Florida or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.

The buyer is solely responsible for due diligence related to the preview and purchase of items sold at auction. Mathesons' Auctions does our best to accurately describe and document all information relating to items sold, including condition, but the burden of responsibility ultimately falls to the potential buyer. We ask that potential buyers make sure they are aware of all pertinent details relating to the lot being considered for purchase before bidding in the auction. If additional information is needed buyers can email us at Mathesonsauctionsyahoo.com to obtain the needed details before bidding. Thank you.