1. Unless otherwise indicated, all Property will be offered by
CASTLE VALLEY ART GALLERY INC as agent for Consignor.
2. CASTLE VALLEY ART GALLERY INC reserves the right to vary the
terms of sale, and any such changes shall become part of these
Conditions of Sale.
3. CASTLE VALLEY ART GALLERY INC reserves the right to withdraw
any lot prior to sale and shall have no liability whatsoever for
such withdrawal.
4. ALL PROPERTIES ARE SOLD AS IS, WHERE IS. Neither CASTLE VALLEY
ART GALLERY INC nor the consignor makes any warranties or
representations of any kind or nature with respect to property or
its value, and in no event shall be responsible for the
correctness of description, genuineness, attribution, provenance,
authenticity, authorship, completeness, condition of property or
estimate of value. We do not guarantee authorship, signatures, or
markings. No statement (oral or written) in this catalog, at the
sale, or elsewhere shall be deemed such a warranty or
representation, or any assumption of responsibility. All
measurements are approximate.
We recommend the prospective bidders examine all items in which
they have an interest. By placing a bid, either in person, by
phone, absentee or via the Internet, the bidders signify that they
have examined the items as fully as possible, or that they have
chosen not to examine the items.
If your item(s) are damaged in shipping, you will need to contact
the shipper to file a claim. If your item(s) are being shipped and
there is a condition problem upon receipt, you are expected to
notify us immediately by email at castlevalleyart@gmail.com. Any
condition concerns will be null and void after the 10th business
day following the end of the auction. Please note that if you pay
late and thus receive your item(s) late, this does not qualify you
for special privileges.
e. NO REFUNDS! ALL SALES ARE FINAL!
5. 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 absolute discretion, and in the event of any
disputes between bidders, the auctioneer shall have the sole and
final discretion either to determine the successful bidder or to
re-offer and resell the item in dispute.
6. If the auctioneer determines that any opening or later bid or
any advance bid is not commensurate with the value of the Property
offered, he may reject the same and withdraw the Property from
sale.
7. Upon the fall of the hammer, title to any offered lot or
article will immediately pass to the highest bidder as determined
in the exclusive discretion of the auctioneer. Such bidder
thereupon assumes full risk and responsibility for the property
sold, agrees to sign any requested confirmation of purchase, and
agrees to pay the full purchase price therefore or such part upon
such terms as the Company may require.
a. All property shall be paid for and removed by the purchaser at
his/her expense within seven (14) days of sale and, if not so
removed, may be sold by the Company, or sent by the Company to a
public warehouse, at the sole risk and charge of the purchaser(s),
and the Company may prohibit the purchaser from participating,
directly or indirectly, as a bidder or purchaser in any future
sale or sales. The Company will not be responsible for any loss,
damage, theft, or otherwise responsible for any goods left in the
Company's possession after seven (14) days.
b. If the foregoing conditions or any applicable provisions of law
are not complied with, in addition to other remedies available to
the Company and the Consignor (including without limitation the
right to hold the purchaser(s) liable for the bid price) the
Company, at its option, may either cancel the sale, retaining as
liquidated damages all payments made by the purchaser(s), or
resell the property. In such event, the purchaser(s) shall remain
liable for any deficiency in the original purchase price and will
also be responsible for all costs, including warehousing, the
expense of the ultimate sale, and the Company's commission at its
regular rates together with all related and incidental charges,
including legal fees.
c. Payment is a precondition to removal. Payment shall be by cash,
certified check or any other method approved by the Company.
Checks will not be deemed to constitute payment until cleared.
8. Unless the sale is advertised and announced as "without
reserve", each lot is offered subject to a reserve and the Company
may implement such reserves by bidding through its representatives
on behalf of the Consignors. In certain instances, the Consignor
may pay less than the standard commission rate where the Company
or its representative is a successful bidder on behalf of the
Consignor. Where the Consignor is indebted to the Company, the
Company may have an interest in the offered lots and the proceeds
there from other than the broker's Commissions, and all sales are
subject to any such interest.
9. All bidders are required to complete the registration form (and
re-seller's permit, if applicable), provide all details requested,
and present a valid identification card to obtain a paddle. If a
representative is bidding on a company's or someone's behalf, an
authorization letter with contact information of the actual bidder
will also be required. A prospective buyer may opt to bid live on
the floor, leave an absentee or telephone bid, or bid through
Internet.
10. Telephone bids must be submitted 24 hours prior to auction,
and may be limited to the capacity of our staff pool. As telephone
and online bids are options of convenience to the buyers, CASTLE
VALLEY ART GALLERY INC maintains that it will not be held
responsible for live Internet bids that are not sent, received, or
executed by the administrator.
11. Absentee Bids is a free and confidential service. Any absentee
bids must be left in writing with the CASTLE VALLEY ART GALLERY
INC 24 hours before the start of auction. In the event identical
bids are submitted, the earliest will take precedence. Absentee
bids shall be executed in competition with other absentee bids,
any applicable reserve, bids from the audience and bids live on-
line. No "buy" bids or "unlimited" bids shall be accepted at any
time for any purpose. Please note the execution of written bids is
offered as an additional service for no extra charge at the
bidder's risk and is undertaken subject to CASTLE VALLEY ART
GALLERY INC's other commitments at the time of the auction; CASTLE
VALLEY ART GALLERY INC therefore cannot accept liability for error
or failure to place such bids, whether through negligence or
otherwise.
12. As a convenience to our clients, we furnish pre-sale estimates
for all materials included in the auctions. These estimates are
only our approximate valuations and should be taken as educated
guess based upon comparable auction values, not as "prices."
Bidding normally begins at about one-half the low estimate, but
the final bid price may well be less than or more than any
estimate printed.
13. CASTLE VALLEY ART GALLERY INC A buyer's premium will be added
to the successful bid price and is payable by the purchaser as
part of the total purchase price. The buyer's premium is 20% of
the successful bid price.
