Terms
Terms and Conditions
ALL GOODS ARE SOLD "AS IS" "WHERE IS". ALL SALES ARE FINAL. Condition reports in Auction catalog are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the goods. All condition reports, measurements, opinion of values, age and quality are offered by the Gallery but are not guaranteed. Neither the auction house, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity. Gold, silver, diamonds & gemstones are guaranteed. We do not guarantee or warranty clocks. All weights & measurements are approximate. Artist's names, signatures do not carry warranty & are not guaranteed unless Certificate of Authenticity accompanies lot, provenance provided when available.
David Gary Fine Art & its representatives do not claim any expertise. 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. (Auction House Name) 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. Any dispute of purchase must be made within 7 days of sale.
A 10% buyer's premium is added to purchase price of every item sold on-site. Purchaser must pay 7% NJ sales tax on total purchase price, including premium unless appropriate exemption form is filed. Internet buyers pay 10% buyer's premium & are not responsible for sales tax unless the item (s) are picked up at the gallery.
Lots may have reserves or minimum selling prices. This confidential figure is set by consignor & (Auction House Name). (Auction House Name) will exercise all reserve bids. The record of sale kept by the auction house is final in any dispute. Digital recordings of the sale will be used for confirmation.
Buyer takes responsibility of the property as soon as the item gets "sold on the block". The auction house may choose to resell items if terms for removal are not met. Gallery may choose to re-consign property with the buyer as the consignor with no reserve at a future sale. Standard Gallery fees will be applied.
Payment is due at the end of each sale. We accept , Paypal, , major credit cards through Pay Pal. Purchases of $10,000.00 or above must be paid by wire transfer . David Gary Fine Art reserves the right to hold property until payment has cleared. Purchasers who fail to pay in a timely fashion will face immediate disbarment from bidding on all internet bidding sites and will be reported to other galleries. Buyer's who fail to pay will be liable for any lost fees gallery may incur. Bidder shall be responsible for all costs of collection, including court costs and reasonable attorney's fees. By participating in David Gary Fine Art Auction on the internet, bidders consent to the jurisdiction of the Courts where the auctions are held. Any dispute between the bidder and David Gary Fine Art shall be resolved before a court of competent jurisdiction in the State of New Jersey.
All invoices for merchandise MUST BE PAID FOR WITHIN 7 DAYS. WE WILL NOT BE RESPONSIBLE FOR ITEMS AFTER THAT DATE.
OUR SHIPPING DEPARTMENT HANDLES ALL PICKUP AND SHIPPING ARRANGEMENTS. IF YOU WOULD LIKE A QUOTE PRIOR TO THE SALE PLEASE CONTACT US AT davidgaryfineart @gmail.com) or 973 467 9240.
IF YOU REQUIRE EXPRESS SHIPPING OR HAVE CUSTOM PACKAGING REQUESTS PLEASE CONTACT OUR SHIPPING DEPARTMENT AT THE COMPLETION OF SALE AT (E-Mail). or CALL (Phone Number).
YOUR ITEMS WILL BE MOVED TO OUR OFF-SITE SHIPPING FACILITY. IF YOUR INTENTIONS ARE TO PICK UP YOUR PURCHASES YOU MUST CONTACT US AT THE COMPLETION OF AUCTION.
I understand that by bidding on any items indicates my acceptance of these terms and and conditions
Shipping Terms
Purchased art will be shipped to address noted on your auction invoice.
Shipping ,packing ,and insurance are at the buyers expense.
Sales Tax
Our catalogue descriptions do not include any information on the condition of the lot and it is up to the purchaser to satisfy themselves as to the condition before bidding. Upon request by email or telephone we can give full condition reports on any lot from one week prior to the auction.
1.The Highest bidder, subject to the Vendor's reserve (if any), to be the purchaser, and if any dispute arises between two or more bidders, the Lot in dispute to be immediately put up again and resold.
2. The advance in the biddings to be regulated by the Auctioneers who are to be sole arbiters in any matter of dispute, and no person to retract bidding. The Auctioneers reserve the right to themselves of withdrawing from, consolidating or dividing any Lot or Lots, varying the order of sale, and of accepting or refusing the bidding of any person as they may think fit.
3. As this Auction is made on a condition of prompt payment, the purchase money is to be absolutely paid on or before the delivery of any Lot.
4. In the event of non-payment on the sale day, the Auctioneers shall reserve the right to charge 10% per month credit charge for any unpaid Lots.
5. The Auctioneers act as Agents only. Each Lot as set out in the catalogue, or as divided or joined with any Lot or Lots at the sale at the sole discretion of the Auctioneers, is sold with all faults, imperfections and errors of description and the Lots shall be at the purchasers risk immediately they are sold. Neither the Vendor, not the Auctioneers are responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot. All statements in the catalogue as to any such matters are statements of opinion, and are not to be taken as, or as implying, statements or representatives of fact. Purchasers are deemed to have satisfied themselves by inspection or otherwise as to all such matters and as to the physical description of any Lot. Neither the Vendor nor the Auctioneers are responsible for any representation or warranty or any statement in catalogues.
6. Lots shall be paid for in full and taken away from the Auction room by the end of the Auction sale day, or by the Wednesday following the sale day, at the buyers own risk and expense, in default of which the Auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed. If after 7 days after the conclusion of the sale Lots are not cleared, or postage has not been arranged/requested, they may then be sold immediately either publicly or by private treaty, without notice being given to the buyer.
7. Every person whilst on the premise before, during or after the Sale shall be deemed to be there at their own risk, and no person shall make or have any claim against the Vendor or the Auctioneer in respect of any injury he may sustain, or accident which may happen.
8. Every person whilst on the premises will be held responsible for any damages they cause to the premise or to any Lots at any and all times.
9. A BUYERS PREMIUM of 18% plus VAT will be charged in addition to the hammer price on all Lots sold.
10. In the event of any failure of the buyers to comply with any of the above conditions, the damages recoverable from the defaulter shall include any loss arising on any resale of the Lot, together with the charges in respect of both sales, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them.
11. Every bidder will be deemed to act as principal unless there is a written agreement with the Auctioneers in force prior to the Auction that the bidder acts as agents on behalf of a named principal.
