Summer Glass Auction

Terms FUMIO SAWA FINE ART LLP GENERAL TERMS AND CONDITIONS TERMS AND CONDITIONS: BIDDING ON ANY ITEM INDICATES BIDDER ACCEPTANCE OF ANY AND ALL OF THE AUCTION TERMS AND CONDITIONS. 1. APPLICATION: Bidder, in consideration of being permitted to bid (or Buyer, or winning Bidder, or Purchaser, each of which four terms may be used interchangeably), hereby agrees to be bound by all of the terms and conditions contained in any lot listing and these FUMIO SAWA FINE ART LLP GENERAL TERMS AND CONDITIONS. These General Terms and Conditions and the information contained in any lot listing constitute the entire agreement between Buyer and FUMIO SAWA FINE ART LLP ("FSFA"). These General Terms and Conditions and the information contained in any listing may only be changed by FSFA. By participating in an auction, Buyer acknowledges that Buyer is bound by these General Terms and Conditions and the information contained in any listing and that such acknowledgement is a material representation to FSFA by Bidder to induce FSFA to allow Bidder to bid. In the event of a conflict between these FUMIO SAWA FINE ART LLP TERMS AND CONDITIONS and the contents of any listing, any invoice, or any Auction Venue General Terms and Conditions, these General Terms and Conditions shall supersede and govern. 2. All sales subject to Colorado sales tax laws at point of payment and pick-up. Purchases shipped to non-Colorado residents will not be subject to sales tax. 3. Payment terms are Cash, Check (see terms below) and for payment amounts up to $4,000 we will accept Paypal, Visa, Master Card and Discover (There will be an additional 3% charge on all credit card and Paypal payments). • NO CREDIT CARD OR PAYPAL PAYMENTS FOR MORE THAN $4,000 - NO EXCEPTIONS PLEASE. AGAIN, ONLY ONE $4000 PAYMENT BY CREDIT CARD OR PAYPAL MAY BE APPLIED TO ANY ONE INVOICE. • Note: Paypal Echeck payments take up to 4 days to clear and will delay shipping. • Checks are accepted as follows: Fumio Sawa Fine Art LLP reserves the right to hold items purchased by check of any type (including Cashier's Checks) until the check clears our bank, before releasing item(s) for shipping. Fumio Sawa Fine Art LLP reserves the right to wait for payments to be cleared and fully credited into our account before shipping of winning items is executed. 4. We happily provide seamless, low-cost in-house shipping on nearly everything we sell. Handling and materials fees range $15 to $35 for most items, depending on size, weight and or fragility. Items designated as over-sized by commercial carriers and those weighing more than 100 pounds may be best shipped by 'blanket wrap' carriers. We can provide rough shipping estimates for any lot at request. 5. Fumio Sawa Fine Art LLP guarantees the authenticity, age and origin of a lot AS DESCRIBED IN THE ALL CAPITAL LETTERS TITLE OF THE AUCTION LISTING for a period of thirty (30) days from the date of the auction except those lots listed in the title as: "in the style of", "attributed", "attributed to", "the school of", "in the manner of", or "after" and only to the original purchaser of record at the auction and only if the purchaser provides payment within 7 (seven) days of the auction sale day. It is the policy of Fumio Sawa Fine Art LLP to have the purchaser obtain, at the purchaser's expense, the opinion of two recognized experts in the field, mutually acceptable to Fumio Sawa Fine Art LLP and the purchaser, before any consideration to rescind the sale under the above guarantee. If it is determined to the satisfaction of Fumio Sawa Fine Art LLP that the all capital letters listing for an item is incorrect, the sale will be rescinded provided the lot is returned to Fumio Sawa Fine Art LLP in the same condition that it was at the time of the auction. The purchaser’s sole remedy in the event of disputed authenticity of origin of any lot shall be the rescission of the sale and return of the original purchase price and premium paid by the purchaser. Otherwise there are no other guarantees, expressed or implied, all items are sold AS-IS. 6. PRICE ESTIMATES: High and low estimates are provided solely for comparison purposes and FSFA makes no warranties of any kind relating to them. 7. WITHDRAWN LOTS: Fumio Sawa Fine Art LLP reserves the right to withdraw any property before the auction and shall have no liability whatsoever for withdrawal of the property. 8. PLACEMENT AND ACCEPTANCE OF BIDS: Unless the auction of a lot is announced as absolute, FSFA reserves the right to accept or reject any bid for any reason whatsoever, at any time before, during or subsequent to any auction. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, FSFA shall determine the actual winning Bidder of each lot and may, in its sole discretion, reflect as sold to any lower Bidder in the event of non-payment by a higher Bidder or for any duplicate item that may be available at the Bidder's maximum bid on the lot. In the event of any dispute between Bidders, or in the event of doubt on FSFA part as to the validity of any bid, FSFA will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and FSFA is not responsible for any errors or omissions in connection therewith. In consideration of FSFA's approval of the application of the Bidder to bid in FSFA's auction, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph. Bidder understands and acknowledges that FSFA pays independent online auction hosting venues for the hosting of FSFA's online sales as well as the acceptance and recording of online bids in those sales. As such, the resolution of any problems, difficulties or issues Bidder has with the placement or recording of Bidder's bids is solely among Bidder, Bidder's computer, Bidder's ISP and the online hosting venue and are is under no circumstances any responsibility of FSFA. 9. SUCCESSFUL BIDDERS: The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer shall be the sole determinant of all winning bidders and shall hold the official record of all sale prices. The auctioneer’s declaration of the winning bidder and the sale price shall take precedence over any electronic record or online readout or notification regarding the winning bidder and or the final hammer price for any lot sold. 10. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot. 11. DISPUTED BIDS - In the event of discrepancies, the records of Fumio Sawa Fine Art LLP will take precedence over all other records or statements or invoices regarding hammer price and the final winning bidder of any lot. 12. Invoices will be sent to the successful INTERNET bidders within TWENTY FOUR (24) HOURS OF THE LAST AUCTION LOT. Separate shipping invoices will be sent to the successful INTERNET bidders as soon as the shipping costs have been calculated. 13. All bidders agree that they are responsible for all won lots including those bid on mistakenly or impulsively. Fumio Sawa Fine Art LLP should be advised by the winning bidder within 72 hours after the end of the auction regarding payment. We will report all non-paying bidders to, LIVEAUCTIONEERS and give their accounts to a third party collection agency for collection. Bidding on Fumio Sawa Fine Art LLP through, LIVEAUCTIONEERS is a binding contract. 14. BY BIDDING, THE BIDDER AGREES TO OUR SHIPPING AND HANDLING CHARGES. WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. Our obligation for damage to or loss of the lot ends once it has been turned over to the USPS, UPS or other shipping company for delivery. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier. We normally ship within 3 to 10 business days after the Buyer's payment in full has been credited to our bank account (CHECK PAYMENT/WIRE TRANSFER PAYMENTS BEEN CREDITED TO OUR ACCOUNT). Some items may take longer to ship and all items are subject to first being received from the seller in the event that the items were not at our physical location at the time of sale. Buyers should expect their items within 4 weeks after the auction unless there was a delay in processing their payment. All shipments are subject to USPS/FEDEX/UPS handling delays which are beyond our control. Bidders will receive an email with tracking information once their items have been processed for shipping. BIDDER'S MUST BE SURE THAT THEIR EMAIL ACCOUNT ALLOWS RECEIPT OF EMAILS FROM fumiosawafineart@gmail.com. FSFA will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In FSFA's sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. IT IS THE FOREIGN BIDDER'S OBLIGATION TO BE AWARE OF AND INSTRUCT FSFA REGARDING ANY ALTERNATIVE SHIPPING ARRANGEMENTS WHICH MAY BE DESIRED TO INCREASE INSURANCE COVERAGE. FSFA will not be liable for any shortfall of insurance either on foreign shipments or on the non-coverage of additional invoice charges exceeding bid amounts. Foreign Bidders are solely responsible for the compliance with all export and import requirements of the items they purchase, both out of the US and into their country of delivery and no refunds will be provided for the failure of Bidder to comply with this provision. To the extent that FSFA is required to assist foreign Bidders in these matters, the time expended by FSFA will be billed at $35 per hour. No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with FSFA from other auctions which are not in compliance with the provisions of PAYMENT above, until such balances are paid in full and all funds have cleared. FSFA may, at its sole discretion, require any Bidder to return a signed sales receipt or other verifying documentation prior to shipping. ACCEPTANCE OF TERMS: Bidding on any item indicates the bidder's acceptance of the above terms and conditions. SHIPPING We happily provide seamless, low-cost in-house shipping on nearly everything we sell. Handling and materials fees range $15 to $35 for most items, depending on size, weight and or fragility. Items designated as over-sized by commercial carriers and those weighing more than 100 pounds may be best shipped by 'blanket wrap' carriers. We can provide rough shipping estimates for any lot at request. Separate shipping invoices will be sent to the successful INTERNET bidders as soon as the shipping costs have been calculated. Fumio Sawa Fine Art LLP reserves the right to wait for payments to be cleared and fully credited into our account before shipping of winning items is executed.