Etherton Gallery Fall Photography Auction

Etherton Gallery TERMS AND CONDITIONS ETHERTON GALLERY (The Gallery) is pleased to present an auction of vintage, classic and contemporary photography. Etherton Gallery offers fine art photography covering any and all subjects, including nudes. The Gallery?s Terms and Conditions for the 1:00pm PST/ 4:00pm EST, November 4, 2023 sale, Fall Photography Auction (The Auction) on the LiveAuctioneers online platform (liveauctioneers.com), follow below. This is a Reserve Auction. 1. BIDDERS ARE BOUND BY THE TERMS AND CONDITIONS OF SALE, set forth here. These are the complete and only Terms and Conditions on which property in The Auction, is offered for sale. By registering to bid or bidding on liveauctioneers.com or by absentee or telephone bid, or by any other means, the Bidder agrees to be bound by these Terms and Conditions of Sale. This agreement applies to all online bidding at auction sales and is applicable to Bidders and Buyers. 2. ELIGIBILITY: Prospective Bidders must register on liveauctioneers.com in order to participate in The Auction and bid online. The Bidder must add and maintain a valid, verified credit card in their LiveAuctioneers Platform Profile. The Bidder agrees to maintain at all times the accuracy of their account information including telephone number, email address, home and/or billing addresses and credit card information. A Post Office Box number is not sufficient; a physical billing and/or shipping address is required. Once the Bidder is successfully registered, the Bidder will be liable for any and all Bids made through their account. 3. FRAUD: You may not register for The Auction under a false name, or use an invalid or unauthorized credit card in connection with the Auction. You may not make offers to purchase any goods or services under a false name at any time. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law. 4. THE SOLE REMEDY FOR A BUYER in the event of a dispute or any other issue under these Terms and Conditions of Sale shall be the rescission of the sale and refund of the original purchase price paid for the item, less shipping and handling, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the Buyer as a matter of law. 5. RIGHT TO WITHDRAW LOTS; ERRORS AND OMISSIONS: Etherton Gallery reserves the right to withdraw any property at any time before The Auction and shall have no liability whatsoever for such withdrawal. Offerings in this catalogue are subject to errors and/or omissions in descriptions. 6. AMENDING THE CATALOGUE: Etherton Gallery reserves the right to amend this online catalogue up to two hours before posting time. The catalogue and these Terms and Conditions represent Etherton Gallery's entire agreement with any and all Purchasers of the property listed in The Auction. 7. A CONDITION REPORT may be obtained by contacting Etherton Gallery. A Condition Report is a written description of the condition of a work, prepared by Etherton Gallery. ALL LOTS ARE OFFERED AND SOLD AS IS: All Lots are sold in the condition they were in at the time of sale. The condition report is provided to assist you with assessing the condition of the Lot and is for guidance only. Any reference to condition in the condition report for the Lot does not amount to a full description of condition. The images of the lot form part of the condition report for the lot. Certain images of the Lot provided online may not accurately reflect the actual condition of the lot. In particular, the online images may represent colors and shades which are different from the Lot's actual color and shades. The condition report for the Lot may make reference to particular imperfections of the Lot but you should note that the Lot may have other faults not expressly referred to in the condition report for the Lot or shown in the online images of the Lot. The condition report may not refer to all faults, restoration, alteration or adaptation. The condition report is a statement of opinion only. For that reason, the condition report is not an alternative to taking your own professional advice regarding the condition of the Lot. NOTWITHSTANDING THIS ONLINE CONDITION REPORT OR ANY DISCUSSIONS CONCERNING A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THIS AUCTION. 8. ETHERTON GALLERY DOES NOT AUTHENTICATE OBJECTS OR ARTWORKS IN THE AUCTION. Etherton Gallery makes no express or implied warranties or representations with respect to the property or correctness of the advertisement, catalogue, Lot Descriptions and any other media used to announce The Auction or any other description of the physical condition, attribution, provenance, genuineness, description, condition of the property, estimate of value, quality, importance, size or authenticity of the property, offered and described either online or via telephone, text, email or any other communication. 9. BID INCREMENTS: $50 bid increments up to $1,000; $100 bid increments up to $3,000; $200 bid increments up to $5,000; $300 bid increments up to $7,000; $400 bid increments up to $10,000; $500 bid increments up to $12,000; $600 bid increments up to $15,000; $700 bid increments up to $20,000; $1,000 bid increments up to $50,000; $2,000 bid increments up to $100,000; $5,000 bid increments up to $200,000; $10,000 + 10. ABSENTEE BIDS: Absentee Bids for Auction Lots will be executed by liveauctioneers.com on behalf of Bidders during the Auction. Etherton Gallery shall not be responsible for any errors or omissions or failure to execute such absentee Bids. To reduce the chance of error, Etherton Gallery recommends that Bidders submit absentee Bids as soon as possible. 11.HAMMER PRICE OR SALE PRICE: The Hammer Price or Sale Price is the price at which a Lot is sold or hammered down by The Auctioneer. On the fall of The Auctioneer's hammer, title to the offered Lot or article passes to the highest acknowledged Bidder, who immediately assumes full risk and responsibility for the Lot(s), and will within 72 hours pay the full amount of the Purchase Price. Any items unpaid after 30 days are no longer for sale. 12.PURCHASE PRICE: The Purchase Price paid by the winning Bidder is the aggregate of a) the Hammer Price or Sale Price; and b) a Buyer's Premium of 25% (twenty-five percent) of the first $100,000 of the Hammer Price of each lot; and a Buyer's Premium of 20% (twenty percent) of any amount of the Hammer Price between $100,000 (one hundred thousand dollars) and $1,000,000 (one million dollars); and 15% (fifteen percent) of any amount above $1,000,000; and c) Any applicable shipping, insurance, crating/handling costs; and d) a Processing or Passing fee of 3% (three percent) on all credit card transactions or a Processing/Passing fee of 1% (one percent) of all wire transfer transactions; and e) appropriate State Tax. 13. ALL BUYERS MUST PAY TAX as charged by LiveAuctioneers, UNLESS a) liveauctioneers.com has a Certificate of Resale for that Buyer on file before the bidding begins; or b) the Buyer is a Tax-Exempt Non-Profit or Government Entity, and has a Certificate on file with liveauctioneers.com, before bidding begins; or c) the Buyer lives in a state which does not charge State Tax (New Hampshire, Oregon, Montana, Alaska or Delaware); or d) The Buyer is buying from outside the United States. 14. DISPUTES BETWEEN BIDDERS, BIDS DELAYED/NOT RECEIVED: If any dispute arises between two or more Bidders, liveauctioneers.com and/or Etherton Gallery may decide the sale or may immediately put the Lot up for sale again, and resell to the highest Bidder. The decision shall be final and absolute. Etherton Gallery reserves the right to reject any and all Bids. Liveauctioneers.com bids are executed with and against outside competing absentee Bids. In the case of a tie, liveauctioneers.com has the sole and final discretion to determine the successful Bidder. In the event of any dispute between bidders or in the event The Auctioneer doubts the validity of any Bid, 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 conclusion of the sale, the Auctioneer?s sales records shall be conclusive in every respect. 15. PAYMENT TERMS FOR ALL PURCHASES: All Payments must be made through liveauctioneers.com. Etherton Gallery will not accept any direct payment. There are no exceptions. Acceptable forms of payment include: Discover, Visa, MasterCard, American Express, wire transfer and ACH payments. It is the Purchaser?s responsibility to pay any compensating use tax of Arizona or another state on the Purchase Price. All monies shall be made payable to Etherton Gallery. Please note that you can pay by clicking on the Pay Now Button on your LiveAuctioneers invoice. At Etherton Gallery's discretion, payment will not be deemed to be complete until funds have been processed by its bank, usually 5 business days after payment to Etherton Gallery by liveauctioneers.com. AUTOPAY is enabled for The Auction. For payment, if you have a credit card on file with LiveAuctioneers, it will be automatically charged after 72 hours, after you receive your invoice. If you have not contacted Etherton Gallery to arrange payment within 3 days of the time that invoice is sent, LiveAuctioneers.com will charge the credit card you used to register for the auction, for the total amount listed on your invoice. 16. COPYRIGHT: Etherton Gallery makes no representations whatsoever that the Purchase of a work of art will acquire any reproduction rights thereto and copyright to the work. Purchaser's ownership of the work shall remain subject to the copyrights of the artist. 17. IN HOUSE SHIPPING/INSURANCE: Etherton Gallery provides in-house shipping. Flat rate shipping including transit insurance charges are listed on each Lot for FedEx Ground shipping in the contiguous 48 states of the United States. Generally speaking, shipping costs will range from $100 to $250 dollars for domestic shipments. Please inquire about shipping, handling and insurance rates to Alaska, Hawaii, US territories and Protectorates, international shipping, and/or combination shipping. They will be quoted individually. Buyers are responsible for all taxes, customs fees and VAT that may apply to their purchase and shipment. Shipment generally occurs within ten business days after Payment to Etherton Gallery has been completed. 18. PICK-UP at Etherton Gallery is available by appointment beginning December 7, 2021. Buyers may make their own arrangements for shipping with pick-up at the Gallery by their designated shipping agent. 19. AUTHENTICITY OF WORK RETURN: A condition report may be obtained by viewing the online Catalogue or by contacting Etherton Gallery. Notwithstanding any condition reports or catalogue descriptions provided, all Lots are offered and sold AS IS. However, if within 21 calendar days after the receipt of the purchase of any Lots, and as long as the Art was received within 30 calendar days of the Auction date, the Purchaser provides two opinions by recognized authorities on the Artist and the Artist?s work, and gives notice in writing to the Gallery that the Lot is not authentic, and within 7 calendar days of such notice the Purchaser returns the Lot to Etherton Gallery, in the same condition as when it was sold, then Etherton Gallery will refund the full Purchase Price. 20. LIMITATION OF RIGHTS: Any right of the Purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original Purchaser and not by any subsequent owner of any person who shall subsequently acquire any interest. No Purchaser shall be entitled to any remedy, relief or damages beyond Return of the property, rescission of the sale and refund of the Purchase Price. Without limitation no Purchaser shall be entitled to damages of any kind. 21. GALLERY REMEDIES: These Terms and Conditions of Sale and any other applicable conditions, as well as the Purchaser's and Etherton Gallery's rights and obligations herein shall be governed by, construed and enforced in accordance of the State of Arizona. Upon purchase the property is held for sale and payment for 30 days. If unpaid after 30 days, the property is no longer for sale. Purchases that have gone unpaid for 30 days (thirty calendar days after the Auction) are past due and subject to any or all of the following, including without limitation. The Gallery will a) Dispute the purchase on The Auction platform; b) hold the Purchaser liable for the purchase price stated on the invoice; c) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser; d) resell the property privately or at public auction on three days? notice to the Purchaser, for the payment of any deficiency in the purchase price, and all costs including handling charges, warehousing, the commissions, attorney?s fees, and any and all other auction-related charges due and incidental damages. 22. FULL PAYMENT NON-TRANSFERABLE: In order to prevent inaccuracy in delivery or inconvenience in the settlement of a purchase, no lot can be transferred. Each buyer must pay for the whole of his or her purchases before any lot can be removed. 23. NOT ASSIGNABLE: The benefits of these warrantees are not assignable and are applicable only to the original Buyer of the Lot, and are conditioned on the Buyer returning the items in the Lot in the same condition as at time of sale and in the time period specified. 24. MISCELLANEOUS: Dimension are given in inches. Illustrations in the Catalogue are for identification only and should not be used as a basis for determining the condition of a Lot. The term "signed" means that in The Gallery's opinion, the signature is by the Artist.

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If you have not contacted Etherton Gallery to arrange payment within 3 days of the time that the invoice is sent, LiveAuctioneers.com will charge the credit card you used to register for the auction, for the total amount listed on your invoice.

If you have not contacted Etherton 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 Etherton 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.