Estate Auction - Antiquities and Fine Art

BUYER'S PREMIUM 25% TERMS & CONDITIONS CONDITIONS OF SALE ANYONE EITHER REGISTERING TO BID OR PLACING A BID (BIDDER) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH EVEARTS GALLERY LLC (AUCTIONEER) OF HADDONFIELD, NJ (EVEARTS GALLERY LLC, TOGETHER WITH BIDDER, ARE THE PARTIES). The following terms and conditions (Conditions of Sale) constitute the sole terms and conditions under which EVEARTS GALLERY LLC will offer for sale and sell the property described in the catalog of items for auction (Catalog). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the Auction). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which Evearts Gallery, LLC agrees to these terms. EVEARTS GALLERY & AUCTION: This Auction is presented by Evearts Gallery, LLC, and the Auction is conducted under these Conditions of Sale. Announcements and corrections at live auctions and those made through the Conditions of Sale appearing on the Internet at www.eveartsgallery.com supersede those in the online and printed Catalog. BIDDER: Bidder shall mean the original Bidder on the property offered for sale by Evearts Gallery, LLC and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Evearts Gallery, LLC prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of Evearts Gallery, LLC. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent?s written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. All Bidders must meet Evearts Gallery LLC?s qualifications to bid. Any Bidder who is not a client in good standing of Evearts Gallery may be disqualified at Evearts Gallery LLC?s sole option and will not be awarded lots. Such determination may be made by Evearts Gallery LLC in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Evearts Gallery LLC reserves the right to exclude any person from the Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment. CREDIT: In order to place bids, Bidders should pre-register with Live Auctioneers? prior to the auction date and establish an account. Live Auctioneers provides a step by step instructions on how to become a bidder on their website. BUYERS? PREMIUM: The Bidder acknowledges and agrees that a 25% buyers? premium will be added to the hammer price on all individual lots sold in timed and live Auctions. Delivery will not be made unless and until full payment has been received by Evearts Gallery, LLC; i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by Evearts Gallery, LLC , payment in full is due within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date, whichever is later. BIDDING: Each Bidder?s determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in the Catalog, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES. EVEARTS GALLERY, LLC IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer?s Premium) that the Bidder is willing and able to pay. Since other Bidders will be involved, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and Evearts Gallery, LLC has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. Evearts Gallery, LLC shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Evearts Gallery, LLC reserves the right to require payment in full before delivering any lot to the successful Bidder. It is the Bidder?s responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder?s possession. By bidding in this sale, Bidder personally and unconditionally guarantees payment. Bidder grants to Evearts Gallery, LLC or its assigns the right to offset any sums due, or found to be due by Evearts Gallery, LLC, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Evearts Gallery, LLC or from any sums due to Bidder by Evearts Gallery, LLC. Bidder further grants Evearts Gallery, LLC a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Evearts Gallery, LLC such security interest. Bidder agrees that Evearts Gallery, LLC and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Evearts Gallery, LLC, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid. In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, Evearts Gallery, LLC agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer?s Premium actually paid, in full and complete satisfaction of all claims, which once tendered by Evearts Gallery, LLC, relieves and releases Evearts Gallery, LLC from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned. BIDDING: All bidding will take place online / via the internet in a timed, regulated manner. Evearts Gallery, LLC is not responsible for executing bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Evearts Gallery, LLC responsible for improper execution of bids once the Auction begins. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). If any dispute arises, Evearts Gallery, LLC?s sale record is conclusive. PAYMENT: Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as Evearts Gallery, LLC may require.

If you have not contacted Evearts Gallery to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Evearts Gallery may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.