GENERAL CONDITIONS OF SALE:
CONDITIONS OF SALE: WA ART AUCTIONS All property offered and sold through WA Art Auctions, ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions.
WA Art Auctions has made every effort to catalogue and describe accurately property to be sold. WA Art Auctions, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or list of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication.
ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY.
In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Frames are not considered as part of the item description or declared in a condition report, they are generally in used condition with time and handling defects and are supplied as a courtesy only. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. WA Art Auctions reserves the right to withdraw any property at any time before the fall of the hammer at its sole and exclusive discretion.
Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. WA Art Auctions reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.
The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after sale, the Auctioneers sale record shall be conclusive in all respects.
If the auctioneer determines that any opening or later bid or any advance of bidding is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale.
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 Auctioneer may require. All property shall be paid for and removed by the purchaser at his/her expense within 24 hours after the conclusion of sale and, if not so removed, may be sold by the Auctioneer, or sent by the Auctioneer to a public warehouse, at the sole risk and charge of the purchaser(s), and the Auctioneer may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. WA Art Auctions will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in their possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to WA Art Auctions and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) WA Art Auctions, 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 WA Art Auctions commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, PayPal, certified cheque or similar bank draft, or any other method approved by the Company. Cheques will not be deemed to constitute payment until cleared.
Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and WA Art Auctions 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 WA Art Auctions or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to WA Art Auctions, the auctioneers 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.
AUTHENTICATION & PROVENANCE OF ALL LOTS
WA ART AUCTIONS are not a recognised authority on works of fine art and we do not submit consigned works to any expert body for review or forensic examination. As authentication is not an exact science, contrary opinions [some favourable and some unfavourable] may exist and any lot may or may not be considered authentic, depending on the opinion of the examiner or specialist. The signature, style and composition of the consigned items appear to be correct in our opinion and are similar to pieces of known authenticity and provenance which have been offered or sold in the past, although neither we or the consigner can or will guarantee that any lot is wholly or partly by the artist to whom the artwork is attributed.
Regarding Provenance [a history of previous ownership] WA Art Auctions have to rely on information if available, provided to us by the consignor, family records or documents, and/or other third parties. Unless stated in a lot's description, no documents, letters or certificates of authenticity or additional information concerning provenance, will accompany the said lot. Any relevant information if known, will form part of the lot description. As such, all sales are considered final and therefore no refunds are offered.
ALL SALES ARE FINAL
