Autumn Sale of Modern Art

TERMS & CONDITIONS All property will be offered and sold by Carandiru Arts as agent for the Consignor subject to the following terms and conditions: The following Conditions of Sale are Billings' and the Consignor's agreement with the Buyer relative to the property listed in the auction catalog. The Conditions of Sale, the glossary, and all other contents of the catalog are subject to amendment by Carandiru Arts by the posting of notices. All property is offered by Carandiru as agent for the Consignor unless the catalog indicates otherwise. By participating in any sale the Consignor, Bidder and Buyer agree to be bound by these terms and conditions. 1. Before the Sale. Prospective bidders or their agents should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalog entry. Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All statements made in the catalog or in the condition report or writing elsewhere are statements of opinion and are not to be relied on as statements of fact. Except as set forth in paragraph 18, Carandiru Arts and the Consignor assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold "as is" and neither Carandiru nor the Consignor make any warranties or representations of any kind or nature with respect to the property, and no statement in the catalog or made at the sale, or in the bill of sale or invoice or elsewhere shall be deemed an assumption of liability or warranty or representation as to the description, genuineness, attribution, provenance or condition of the property. Carandiru Arts and the Consignor make no representations as to whether buyer acquires any reproduction rights in the property. Through our pictures and descriptions, we try and give our customers the best possible feel for the condition of our items. If you need more information, just send us an email and we will be more than happy to provide additional information to ensure that you are a confident buyer. Everything is sold "as is." 2. Bidding Registration. Bidders attending the auction in person are required register on site during the preview hours, or day of the auction. Bidders attending the auction online are required to register with LiveAuctioneers.com. Carandiru Arts may require the bidder to contact our gallery by phone to verify bidder/banking information prior to approval. Registered bidders agree to be fully liable for all bids, including the liability to timely pay in full for any lot that is the subject of a successful bid submitted by the bidder in accordance with the Conditions of Sale. 3. Withdrawal. Carandiru Arts reserves the right to withdraw any property before sale and shall have no liability for such withdrawal. 4. Bid Per Lot. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. 5. Video or digital images. At some auctions a video or digital screen may be used. Carandiru Arts is not liable for any errors in the operation or quality of the image presented. 6. Bidding. Carandiru Arts reserves the right to reject a bid from any bidder. The auctioneer has the right to split any bidding increment and to advance the bidding in any manner as the auctioneer may decide. The highest bidder acknowledged by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the sale record of Carandiru Arts shall be conclusive in all respects. 7. Online bids. Carandiru Arts will use reasonable efforts to carry out online bids, however Carandiru Arts is not responsible for equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids. 8. Auctioneer's discretion. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from the sale. If having accepted an opening bid, the auctioneer decides that any advance thereafter is not of sufficient amount, he may reject the advance. 9. Successful Bid. On the fall of the auctioneer's hammer, title to the offered lot will pass from Consignor to the highest bidder acknowledged by the auctioneer, subject to all the Conditions of Sale set forth herein, and such bidder (a) assumes full risk and responsibility therefore (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full or such part as Billings may require for all lots purchased. 10. Payment. The buyers are expected to make payment for purchases until 48hrs after the auction for the entire amount due (including hammer price, buyer's premium and applicable taxes and other charges including handling charges and storage costs). Payment can be made by wire transfer. The buyer grants Crandiru Arts a security interest in the property and Carandiru Arts may retain as collateral security for the buyer's obligations to Carandiru Arts, any property or monies held or received by Carandiru Arts for the account of the buyer. Payment will not be deemed to have been made in full until Carandiru Arts has collected funds represented by wire transfer bank, until Carandiru Arts has confirmed their authenticity. Buyer agrees that a 1-1/2% per month late charge will be imposed on the total purchase price if payment is not made in accordance with all of the conditions set forth herein and agrees to pay any returned check charges that may be incurred. 11. Removal of Property. The buyer at buyer's expense must remove all property from Carandiru Artsnot later than 10 business days following the sale. Removal of purchases during the auction is encouraged. Purchases not so removed will be subject to the following charges to cover handling and storage costs: After 10 business days following the sale, a handling charge of 1% of the purchase price will be payable by the buyer per month until the items are removed, with a minimum of 5% for any property not so removed within 60 days after the sale. Buyer agrees that any property which is paid for but left at Billings' premises for any reason in excess of sixty (60) calendar days after the sale may be sold by Billings at public auction with the balance of any funds recovered in excess of the storage charges and auction charges, being remitted to the buyer. 12. Non-Payment. If the buyer does not make full payment for the purchases within the time required, Carandiru Arts is authorized in their absolute and sole discretion to exercise one or more of the following remedies, in addition to other remedies available to Carandiru Arts and the Consignor by law: Carandiru Arts is authorized to: (a) hold the buyer liable for the total purchase price; (b) cancel the sale, retaining as liquidated damages all payments made by the buyer; (c) resell the property at public auction or private sale with terms that Billings deems appropriate; (d) to resell the property at public auction without reserve and the buyer shall be liable for any deficiency, cost, handling charges and the expenses of both sales and the commissions on both sales; (e) to offset the full purchase price against any amount owed by Billings to the buyer; (f) to not allow any bids at any upcoming auctions by or on behalf of the buyer; and (h) to take other actions as Carandiru Arts find necessary and appropriate. The buyer grants Carandiru Arts a security interest in any property in Carandiru Arts' possession which is owned by such buyer and Carandiru Arts is authorized to hold such property as collateral security for such buyer's obligations. Buyer shall be liable to Carandiru Arts for all other charges incurred as a result of buyer's non- payment, including attorney fees, expenses and incidental damages. As between Carandiru Arts and Consignor, if the successful bidder does not pay for the property, collection procedures shall be the responsibility of the Consignor and not Carandiru Arts. 13. Packing and Shipping. Shipping arrangements are the buyer's responsibility and expense. 14. Limited Right of Rescession. If within 07 days of the sale of any lot, the buyer gives notice in writing to Carandiru Arts alleging that the identification of authorship (as defined in the catalog Glossary and set forth in the heading in quotation marks in the auction catalog) of such lot as set forth in the catalog description of such lot (as amended by any written notices or verbal announcements during the sale) is not substantially correct based on a fair reading of the catalog, and (b) if within fourteen days of such notice the buyer returns the lot to Carandiru Arts in the same condition as when sold, and (c) establishes the written allegations to Carandiru Arts satisfaction (including by providing one or more written opinions by recognized experts in the field, as Carandiru Arts may reasonably require), then the sale will be rescinded with only the purchase price and buyer's premium refunded. No reimbursement shall be made for any shipping costs incurred. If, prior to receiving such notice from the original buyer alleging such defect, Carandiru Arts has paid the Consignor monies owed to him in connection with this sale, Carandiru Arts agrees to refund only the buyer's premium and applicable sales taxes paid. Consignor agrees to refund any payments made to Consignor for such property. In the event the Consignor refuses to refund the payments, Carandiru Arts may disclose the identity of the Consignor and assign to buyer Carandiru Arts rights against the Consignor with respect to the lot the sale of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Carandiru Arts as Consignor's agent with respect to the said lot shall automatically terminate. 15. Limitation of Liability. If, for any reason a purchased lot cannot delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered or lost prior to delivery, Carandiru Arts shall not be liable for any amount in excess of that paid by the buyer. NOTE: Condition reports, photos and video or digital images are provided as a courtesy and should not be used as a substitute for viewing the items in person. All items are sold "as is" in accordance with the Conditions of Sale. Privacy Policy. By participating in any sale the Consignor, Bidder and Buyer confirm that they have read and agree to Carandiru Arts privacy policy.