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The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions, subject to any terms and conditions of, on which lots listed in the online catalog shall be offered for sale or sold by Delaware Fine Art Auction. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO BIDDING. Auctions are conducted under these terms and conditions and applicable state, federal and local law. Any person participating or registering for an auction agrees to be bound by and accepts these terms and conditions. Delaware Fine Art Auction herein refers to and includes the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction surpass the terms of this Payment and Bidder Agreement for such auction.
All bids are subject to a non-refundable 25% buyer?s premium which shall be added to a successfully placed bid upon sale of each lot, any applicable local sales tax, and shipping and handling. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax.
On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and thereupon (a) assumes full risk and responsibility therefor (b) if requested will sign a confirmation of purchase thereof, and (c) will pay the purchase price in full. Delaware Fine Art Auction reserves the right to withdraw any lot at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lot shall be divided for sale.
The Company reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. 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 lot in dispute. If any dispute arises after the sale, the Company's sales records shall be conclusive in all respects. In the event of a tie bid between an absentee bidder and a live bidder, the lot will be sold to the live bidder.
If a lot is offered subject to a reserve (the confidential minimum price below which the lot will not be sold), Delaware Fine Art Auction may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding until the reserve is obtained, by placing consecutive bids or bids in response to other bidders. Consignors shall not be permitted to bid on their own items.
While Delaware Fine Art Auction has endeavored to catalog and describe the lots correctly all property is sold as is and neither Delaware Fine Art Auction nor the consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalogue or other, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise, except where applicable under the Terms of Conditions for Fine Art (applies ONLY to Fine Art). No statement anywhere, whether verbal or written, shall be deemed such a guarantee, warranty or representation. We strongly recommend that you or your agent personally inspect all items before bidding. Any condition statement is given as a courtesy to a client. It is only an opinion and should not be treated as a statement of fact. Delaware Fine Art Auction shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. Delaware Fine Art Auction will guarantee the authenticity of all items. It is general policy to have the purchaser obtain, at the purchaser's expense, the opinion of one or in some cases, two recognized experts in the field, mutually acceptable to the auction house and the purchaser, before Delaware Fine Art Auction determines whether to rescind the sale under the above warranty. If the item in question is proven to be not authentic, Delaware Fine Art Auction will issue a refund equal to the hammer price plus the 25% commission fee once item is returned to us in the original condition. Refunds will not be issued for any shipping costs. Catalogs, including on-line catalogs and brochures are guides only and are based on sources believed to be reliable but their accuracy cannot be guaranteed. Refunds will not be considered based on concerns of item condition unless a condition report was requested and fulfilled prior to the start of the sale.
Delaware Fine Art Auction reserves the right to require that advance bids received either by mail or by means of telecommunications be accompanied by a 25% deposit. Delaware Fine Art Auction further reserves the right to require payment in full of the sales price ("Hammer Price") at the moment of successful bid. The Purchase Price must be paid by the successful bidder on or prior to the close of the auction.
Invoices will be emailed to the email address registered within 24 hours of the conclusion of the Auction and payment is due upon receipt of the invoice. Payments must be made within 5 days. After five (5) days, if a credit card was left at the time of registration, the card will be charged for the full invoiced amount. Accounts that remain unsettled will have a dispute filed. After 14 days, items will no longer be available and disputes will remain open. Payment must be in made in: money order, cashier's check, bank wire transfer (a fee of $20 will be added to any bank wire transaction, contact our office for bank wire details) MasterCard, Visa, & Discover. Delaware Fine Art Auction reserves the right to require a bank check or wire transfer for large purchases. Personal and business checks will be accepted and Delaware Fine Art Auction reserves the right to hold all items purchased until the check has cleared. A service charge of $25.00 will be charged for any returned check. Delaware Fine Art Auction does NOT accept PAYPAL. All items are to be packed and shipped at the Purchaser's expense.
In the event that the buyer of any lot fails to pay the purchase price thereof when due, Delaware Fine Art Auction shall have the option, at its sole discretion, to (a) enforce payment by civil action or other proceedings against the buyer; (b) void the sale as if said sale had not occurred; (c) to exercise any other remedy or remedies available under the law (d) to charge successful bids to the buyer's credit card, including the 25% buyer premium.
Shipping and removal of goods
All property is to be packed, shipped or transported at the risk and expense of the purchaser. As the buyer, you are responsible for shipping and handling. Delaware Fine Art Auction offers premium in-house shipping. An estimate for our in-house shipping option is automatically added to your invoice following each sale. In the case that a shipping estimate is not included in the invoice, the purchaser must contact Delaware Fine Art Auction to organize the shipping and removal of his or her items. Customers are not obligated to use Delaware Fine Art Auction?s in-house shipping service and the estimate may be removed at the purchaser?s request. As a courtesy, the auction house has made arrangements with a variety of third party shippers to provide shipping quotes for you. All property must be paid for and removed from Delaware Fine Art Auction within 15 business days of the auction unless special arrangements are agreed upon in writing before the sale. Storage fees are charged beginning on day 15. Delaware Fine Art Auction strongly recommends insuring your items for their full value during shipping. Delaware Fine Art Auction will not be held liable if your items are lost, stolen or damaged in transit if the purchaser refuses insurance.
Terms and Conditions for Fine Art
Delaware Fine Art Auction warrants the authorship of a lot for a period of 5 years from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to Delaware Fine Art Auction?s satisfaction that the listing is incorrect, the sale will be rescinded provided the lot is returned to Delaware Fine Art Auction in the same condition in which it was at the time of the sale. The item in question must be shipped with full insurance so it arrives within one week. With respect to all returns, it is the buyer's responsibility to cover the cost of the shipment and insurance, regardless of the reason for the return. Delaware Fine Art Auction will NOT reimburse shipping costs to buyers who return auction goods. It is also the general policies to have the purchaser obtain, at the purchaser's expense, the opinion of one or in some cases, two recognized experts in the field, mutually acceptable to the auction house and the purchaser, before Delaware Fine Art Auction determines whether to rescind the sale under the above warranty. All guarantees are non-transferable and only apply to the original buyer of the lot as shown on the invoice originally issued by Delaware Fine Art Auction when the lot was sold at auction. The original buyer must have remained the owner of the lot without disposing of any interest in it to a third party.