Easte Sales of Asian & European arts,Antiques

WINSTON FOREVER AUCTIONEERS TERMS & CONDITIONS All items are sold "AS IS", AND ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE, and NO CREDIT. It is the bidder's responsibility to determine the exact condition/authenticity of each item. No statement in this catalogue or by representatives of FOREVER AUCTIONEERS shall be considered as a warranty or assumption of liability. Written and oral descriptions given by WINSTON FOREVER AUCTIONEERS staff members are given as a courtesy to a client, are only an opinion, and should not be considered as a guarantee of age, composition, or authenticity. Regarding works of Art, WINSTON FOREVER AUCTIONEERS does not make any express or implied warranty as to the authenticity, history or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity. Any such warranty is waived. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear or imperfections. Unless noted all items have some amount of acceptable wear, scratches, nicks, missing stitches, etc. for their age. Measurements on paintings and pictures are image size. Estimates are of market value and are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. The condition of frames is not guaranteed, and WINSTON FOREVER AUCTIONEERS shall have no responsibility for any error or omission. AT THE SALE Refusal of Admission - WINSTON FOREVER AUCTIONEERS has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Registration before Bidding - A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. Bidding as Principal - When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with WINSTON FOREVER AUCTIONEERS before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to WINSTON FOREVER AUCTIONEERS, and that WINSTON FOREVER AUCTIONEERS will only look to the principal for payment. Absentee Bids - We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids. Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, The Popular Auction, LLC. sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. AFTER THE SALE Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (14) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a U.S. bank unless other arrangements are made with WINSTON FOREVER AUCTIONEERS. WINSTON FOREVER AUCTIONEERS reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Winston's Auction a handling charge of $50 for any check dishonored by the drawee. Tax Exempt Notice - Lots marked with an asterisk (*) or square are tax exempt as permitted by law. Collecting Purchases - Once WINSTON FOREVER AUCTIONEERS has received all funds due to us, the buyer shall collect purchased lots within seven (14) business days from the date of the sale. Packing and Shipping - If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and WINSTON FOREVER AUCTIONEERS will have no liability of any loss or damage to such items. Non Payment - If we do not receive payment in full, in good cleared funds, within seven (14) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. e.) to offset against any amount owed f.) to not allow any bids at any upcoming auction by or on behalf of the buyer g.) to take other action as we find necessary or appropriate. Failure to Collect Purchases - If property is not picked up within seven (7) business days following the sale, whether or not payment has been made by WINSTON FOREVER AUCTIONEERS reserves the right to charge $5 per lot per day or to deliver said property to a public warehouse for storage at the purchaser's expense. WINSTON FOREVER AUCTIONEERS shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. In addition, we reserve the right to impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you. LIABILITY Condition Reports -WINSTON FOREVER AUCTIONEERS is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph. Purchased Lots - If for any reason a purchased lot cannot be 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, WINSTON FOREVER AUCTIONEERS shall not be liable for any amount in excess of that paid by the purchaser. Legal Ramifications - The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in New York. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion - Any and all of the conditions may be waived or modified in the sole discretion of WINSTON FOREVER AUCTIONEERS. Important Note The majority of property offered at Winston FOREVER AUCTIONEERS comes directly from estates and private collections, and may show signs of use and age. The absence of condition remarks in the description DOES NOT mean the item is in perfect condition. We encourage you to thoroughly examine the property before bidding online. If you cannot personally inspect a lot, you may request a Condition Report prior to bidding. This service is provided for guidance only, without legal obligation. All lots are sold "AS IS" and there will be NO RETURNS BASED ON CONDITION. Again, prospective buyers are in ALL CASES responsible for determining the physical condition of lots as there are NO RETURNS based on condition