Spring in the Air Auction

New Payment and Pick Up Policy Payment Due: Full payment must be made no later than 4:00 pm (PT) on Wednesday after the auction. This payment deadline is firm. All items not paid for by the payment deadline will be considered abandoned. The winning bidder will be charged a 15% re-listing fee. Bidders who repeatedly miss payment deadlines will be banned from future auctions. Payment Methods: We accept cash, credit cards and Paypal, check. Removal: All items must be removed no later than 4:00 pm (PT) on Wednesday after the auction. Items not removed by the removal deadline will be considered abandoned and disposed of. The winning bidder will then be charged a disposal fee of at least $5.00 per lot not picked up. No returns, full or partial, will be given for abandoned items. Removal Assistance: Buyers are solely responsible for the removal of purchased items. Payment and Pickup Dates are being strictly enforced on every auction. Late pickups are excepted with a paid invoice and prior approval through email. TERMS AND CONDITIONS Terms & Conditions The Auction House Sacramento(TAHSAC) has made a reasonable effort to describe items correctly. However we do not warrant the correctness of description, signatures, marks, authenticity or condition of said items. Please preview all items carefully and use your own judgment. Final decision on auction block overrides listing. All items SOLD AS IS, NO RETURNS. ***IMPORTANT PAYMENT INFORMATION: PAYMENT MUST BE MADE WITHIN 2 DAYS OF THE SALE. PAYMENTS MAY BE MADE BY CREDIT CARD (VISA, MASTERCARD AMEX ) OR PAYPAL TO ARRANGE PAYMENT BY CREDIT CARD PLEASE CALL 916-361-8491 The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold, plus 2) A BUYER'S PREMIUM OF 23% 3) sales tax unless the purchaser is exempt by law from such taxes. 4) Any shipping costs ACCEPTANCE The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price. REGULATION OF BID The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder. ONLINE BIDDING The Auction House Sacramento(TAHSAC) will not be liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise), whether or not due to The Auction House Sacramento(TAHSAC) fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity. PAYMENT AND PICKUP The invoice must be paid in full and merchandise picked up or shipping arrangements made within two days of the date of sale. A storage fee will be charged if merchandise is left longer than five working days, a fee of $10.00 per lot per day. If the property is left longer than 21 days, it will be considered abandoned. RISK OF LOSS In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Auction House shall only be liable for the return of any deposits or payments made by the purchaser. NO WARRANTY ALL ITEMS SOLD "AS IS AND WHERE IS" THE AUCTION HOUSE, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER. 1. Lots Sold to The Highest Bidder: The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his or her absolute discretion and, in the event of any dispute between bidders or any other issue with respect to the highest bidder, to determine the successful bidder, to continue the bidding or to re offer and resell the lot in question. In the event of any dispute after the sale, The Auction House Sacramento(TAHSAC). Inc., a California Corporation (hereinafter referred to as, The Auction House Sacramento(TAHSAC)), record of final sale shall be conclusive. 2. Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE EXCLUDED. NEITHER WE NOR THE CONSIGNOR OR OUR ASSOCIATES MAKE ANY REPRESENTATION, EXPRESSED OR IMPLIED WARRANTY, OR GUARANTEE IN CONDITION, SIZE, PROVENANCE, MEDIUM, SIGNATURE, INSCRIPTION, EXHIBITION (S), IMPORTANCE, RARITY, COUNTRY OR ORIGIN, AGE, GENUINENESS, SUBJECT HISTORICAL RELEVANCE, MONETARY OR OTHER VALUE, FRAMING OR LACK THEREOF, MOUNTING, CONSERVATION, COLOR (S), PALETTE, INSCRIPTION, EDITION, STYLE LABEL OR OTHER DESCRIPTOR. NO STATEMENT IN THE CATALOG, BROCHURES OR IN THE BILL OF SALE OR INVOICE OR BIOGRAPHIC INFORMATION OR STATEMENTS MADE BY THE AUCTIONEER DURING THE AUCTION OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. NO EMPLOYEE OF The Auction House Sacramento(TAHSAC) IS AUTHORIZED TO MAKE, ON OUR BEHALF OR THAT OF THE CONSIGNOR, ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, WITH RESPECT TO ANY PROPERTY. 3. Buyer's obligation to inspect each item: Buyers are strongly encouraged to view all items auctioned on display before the auction to determine the true condition and nature of any item(s) of interest. Although there is no legal requirement that each buyer inspect lots purchased before the auction, the failure to inspect may constitute a waiver of that buyer's complaint that the item was not delivered in a condition equal to the existent condition at the auction as described in section 14 of these Conditions of Sale. 4. All Sales Final: Notwithstanding any other terms of these conditions, any and all refunds shall be given at the sole discretion of The Auction House Sacramento(TAHSAC). Refunds requested on the grounds of authenticity must be made within 10 days of the auction date, and such requests must be accompanied by at least one supporting statement in writing from a recognized authority stating that the painting or art sold is incorrect or not the work of the artist. A recognized authority shall be defined as a person who has authored, edited, or substantially contributed to a monograph on the artist, a person who has curated, organized or substantially contributed to a solo exhibition on the artist, a person who has represented the artists estate or someone who represented or worked closely with the artist while they were alive and, in any of the above instances physically handled works of the period, medium and subject matter in question during the course of their duties. Please note that dealers who advertise to buy a wide range of artists, appraisers and representatives of other auction firms do not qualify as authenticators of individual artists unless they have had such specific involvement with an artists work as specified above in addition to their daily duties. Any lot in question must be returned to The Auction House Sacramento(TAHSAC) in the exact same condition as when sold. Please be advised that The Auction House Sacramento(TAHSAC) does not grant extensions to refund considerations based upon authenticity due to shipping delays. There are no exceptions to this refund policy. 5. The Right to Withdraw Lots: The Auction House Sacramento(TAHSAC) reserves the right to withdraw any lot before or at the sale. 6. Buyer's Premium: The purchase price payable by a buyer shall be the sum of the final bid plus a premium of 18% of the final bid price. 7. Lots are Subject to a Reserve Price: Some lots in the auction are subject to a reserve, which is the confidential minimum price below which the lot will not be sold (the reserve). In no event will the reserve price exceed the low estimate. The Auction House Sacramento(TAHSAC) shall act to protect the reserve by bidding through the auctioneer. The auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. The estimates provided by The Auction House Sacramento(TAHSAC) concerning a given lot, are carefully considered opinions of the cataloger and fine art staff. Any estimates given are merely suggestive guidelines for interested buyers. Buyers must be aware that paintings and art are subject to fluctuating values depending on the subjective interests of collectors and a wide variety of other uncontrollable factors. The lots auctioned may sell at prices either above or below estimates. 8. Winning Bid Constitutes an Immediate Transfer of Title: Title to the offered lot shall pass to the buyer upon the fall of the auctioneer's hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other Conditions of Sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price or such part thereof as The Auction House Sacramento(TAHSAC), in its sole discretion, shall require. In addition, the buyer may be required to sign a confirmation of purchase or abide by any other financial terms that The Auction House Sacramento(TAHSAC) deems necessary to protect the interest of the consignors. 9. Removal of Purchased lots: All items sold may not be removed from The Auction House Sacramento(TAHSAC) premises, or the premises of the auction, until the buyer has paid in full the purchase price there for or has satisfied such terms, as The Auction House Sacramento(TAHSAC), in its sole discretion, shall require. Subject to the foregoing, all lots are to be paid for and removed from The Auction House Sacramento(TAHSAC) premises at the buyer's expense no later than the third calendar day following the sale, and, if not so removed, The Auction House Sacramento(TAHSAC) may transfer any such lot to its warehouse at the risk and expense of the buyer. If a lot has not been collected the third calendar day following the sale and The Auction House Sacramento(TAHSAC) does transfer the uncollected property to its warehouse, the buyer will be liable to The Auction House Sacramento(TAHSAC) for storage and handling charges of $10.00 per day for each lot. In addition to other remedies available by law, The Auction House Sacramento(TAHSAC) reserves the right to impose a late charge of 1% per month or the maximum permitted by law on the purchase price commencing on the day following the date on which payment is due if the buyer does not make payment in full in accordance with these Conditions of Sale. 10. Absent Bidders: Bids which are submitted to The Auction House Sacramento(TAHSAC) in writing or are otherwise left with The Auction House Sacramento(TAHSAC) prior to an auction for execution at or below a specified price (Absentee bids), as well as telephone bids, shall be entertained and executed by The Auction House Sacramento(TAHSAC) for the convenience of bidders not present at auction, but TAHSAC shall not be responsible for failing to execute such bids or for errors relating to our execution of such bids. Bidding on any article(s), whether in person, by agent, order bid, telephone or other means, constitutes the highest bidders acceptance of these Conditions of Sale. All absentee bids must be received by The Auction House Sacramento(TAHSAC) prior to the day of sale. Bidders by telephone are also encouraged to leave a cover bid in case of technical failure. 11. Applicable taxes: Unless exempted by California law, the buyer shall be required to pay any applicable state and local sales tax or compensating use tax on the purchase price. 12. Buyer's Breach of Conditions of Sale: If the buyer fails to comply with any of these Conditions of Sale, The Auction House Sacramento(TAHSAC) may, in addition to asserting all remedies available by law, including the right to hold such defaulting buyer liable for the purchase price, (I) cancel the sale, retaining as liquidated damages any payment made by the buyer, (II) resell the property without reserve at public auction or privately on seven days notice to the buyer, or (III) take such other action as we deem necessary or appropriate. If The Auction House Sacramento(TAHSAC) resells the property, the original defaulting buyer shall be liable for the payments of any deficiency in the purchase price and all costs and expenses, including warehousing, the expenses of both sales, reasonable attorneys fees, commissions, incidental damages and all other charges due hereunder. In the event that such buyer pays a portion of the purchase price for any or all lots purchased, The Auction House Sacramento(TAHSAC) shall apply the payment received to such lot or lots that The Auction House Sacramento(TAHSAC), in our sole discretion, deems appropriate. The Auction House Sacramento(TAHSAC) shall have the benefit of all rights of a secured party under the Uniform Commercial Code adopted in the State of California where the auction is held. 13. Governing Law, Venue and Jurisdiction: The rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed and interpreted by the laws of the State of California. By bidding at an auction, whether present in person or by agent, by absentee bid, telephone or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of such state and the federal courts sitting in such state. Further, the buyer agrees that the venue for any action arising out of the failure to abide by the Conditions of Sale, or any conduct related to or arising out of the auction. The buyer expressly agrees that (I) neither The Auction House Sacramento(TAHSAC) nor the seller shall be liable, in whole or in part, for any special, indirect or consequential damages, including, without limitation, loss of profits and (II) the buyer's damages, if any, are limited exclusively to the original purchase price paid for the lot. 14. Delivery of Lots Sold: The packing and handling of purchased lots by The Auction House Sacramento(TAHSAC) Auctioneer's staff at the auction is undertaken solely as a courtesy to customers. There is no charge for packing material and labor supplied to you on the evening of the sale. In no event will The Auction House Sacramento(TAHSAC) be liable for damage to artwork, glass or frames, regardless of cause, in connection with this free service. The Auction House Sacramento(TAHSAC) may, in our discretion and as a service to buyers, arrange to have purchased lots packed, insured and forwarded at the request, expense, and risk of the buyer. The Auction House Sacramento(TAHSAC) assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, nor does The Auction House Sacramento(TAHSAC) assume any responsibility for any damage to picture frames or to the glass therein. In circumstances The Auction House Sacramento(TAHSAC) arranges and bills for such services via invoice or credit card, The Auction House Sacramento(TAHSAC) will include an administration charge. 15. Notices, Demands and Refunds: Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction shall be in writing and addressed to The Auction House Sacramento(TAHSAC)10076 Mills Station Rd, Sacramento ca 95827 16. Effect of any Unenforceable Provisions: Should any of the Conditions of Sale be deemed unenforceable by a competent court having jurisdiction, such unenforceable provision shall have no effect on the enforceability of the remaining provisions contained in the Conditions of Sale. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- --------------------------------------------------------------------------------