Auction Terms and Conditions
Terms & Conditions of Sale
The lots listed in this catalog will be offered by KCM Galleries as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding you agree to be bound by these Conditions of Sale. The Auctioneer's right to bid on the consignor's behalf is expressly reserved up to the amount of any reserve imposed by the consignor. Please email or call us with any questions you may have regarding our terms and conditions of sale.
BUYER'S PREMIUM. The stated buyer's premium will be added to the hammer price of all Lots sold.
Introduction
The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our saleroom. Our staff will be happy to help you if there is anything you do not fully understand.
KCM Galleries believes, to the best of its knowledge, that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. KCM Galleries makes no warranties of any kind related to the information presented in any listing unless said listing states differently.
Certificates
Some lots are accompanied by a Certificate of Authenticity. If the Certificate is issued by a third party, that information will be in the listing and KCM Galleries accepts no responsibility for such certification and it is up to the bidder to exercise due diligence in determining the validity and "value" of any third party certification.
If a Certificate is listed but no third party is mentioned then KCM Galleries Guarantees the authenticity of authorship on the terms and conditions set forth below.
Definition of authorship - "Authorship" means the identity of the creator, the period, culture, source of origin of the property, as the case may be, as set forth in the line entitled "Artist."
Guarantee Coverage - If within five (5) years from the date of the sale of any lot or purchase, the original lot purchaser of record tenders to us a purchased lot in the same condition as when sold through us; and it is established that the identification of authorship (as defined above) of such lot set forth by the information provided on the verso is not substantially correct based on a fair reading of the information provided verso including the terms of our standard glossary, the sale of such lot will be rescinded and the original purchase price refunded.
Non-Assignability - It is specifically understood that the benefits of the guarantee are not assignable and shall be applicable only to the original purchaser of the lot from us and not to the subsequent owners or others who have acquired an interest therein.
Sole Remedy - It is further specifically understood that the remedy set forth herein, namely the rescission of sale and refund of original purchase price paid for the lot, is exclusive and in lieu of any other remedy which otherwise might be available as a matter of law.
Exclusions - The guarantee covers on the correctness of the description of authorship ( as defined in paragraph 1 of the terms of the guarantee) as identified verso in the line entitled "Artist"; but does not extend to titles or other identification of offered lots or descriptions of physical condition or size, quality, rarity, importance, provenance, exhibitions and literature of historical relevance, which information appears below the line entitled "Artist." Although our best judgment is used in descriptions and due care is taken to insure the correctness of the supplemental material which appears below the line entitled "Artist." Guarantee does not extend to any possible errors or omissions therein. Any representation of value represents our opinion of fair market value assuming normal gallery circumstances. That is the level at which a willing seller (typically a gallery) will sell to a willing buyer with neither being under a compulsion to sell or buy. We do not rely on any auction prices to arrive at any value stated or presented to purchaser. We specifically exclude all auction prices in the value process.
For lots that are not accompanied by certification KCM Galleries. KCM Galleries makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. All lots offered by KCM Galleries are subject to a reserve. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
General Terms and Conditions
All property is sold "as is", and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. All lots offered by KCM Galleries are subject to a reserve and the Auctioneer's right to bid on the consignor's behalf is expressly reserved up to the amount of any reserve imposed by the consignor. KCM Galleries shall have no liability whatsoever for such withdrawal, addition or amendment.
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
Payments Include Payments through Invaluable, Check, Money Order, Wire Transfer, PayPal, and All Major Credit Cards. Payments made via credit card are subject to a 3% surcharge. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by KCM Galleries. *Please note that your card on file maybe charged 4 days after the initial invoice has been sent.
All residents of Florida are subject to a Florida State Sales Tax rate of 6.0% unless a valid Florida State sales tax exemption certificate is presented before the sale.
All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. KCM Galleries is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of KCM Galleries and are in KCM Galleries sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in KCM Galleries sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by KCM Galleries to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions.
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, misdelivered or lost prior to delivery, KCM Galleries shall not be liable for any amount in excess of that paid by the purchaser.
In the event that a bidder does not respond to KCM Galleries request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to Live Auctioneers as a non-responsive bidder and the Bidder will not be able to participate in any further auctions.
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. 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 (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of KCM Galleries. KCM Galleries is not responsible to any loss resulting from items being shipped to an alternate address or recipient provided by Bidder.
In consideration of KCM Galleries approval of a Bidder to bid in any sale, Bidder permits KCM Galleries to add Bidder to KCM Galleries mailing list. KCM Galleries will send information to Bidder relating to KCM Galleries activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to KCM Galleries activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from KCM Galleries or third parties providing information relating to KCM Galleries are not spam.
Any and all of the conditions may be waived or modified in the sole discretion of KCM Galleries.
Questions? 800-639-8182
Shipping Terms
We condense all shipping to the lowest possible single charge. We pack all lots in house to ensure that the shipping costs are as low as possible and to ensure proper packing.
If you have a shipping question, send a message and we will respond promptly.
General Shipping charges for domestic addresses are as follows:
A single charge of $30 for as many multiple unframed items as are purchased.
Most framed items cost around $30 to ship and multiple framed items generally cost about $45 for every three framed works. Larger works will cost more to ship.
We ship primarily by UPS Ground for U.S. Address and USPS Priority mail for international destinations, within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 weeks from payment clearing, however, now and then there may be a delay in delivery. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item, to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. By request of the Buyer, KCM Galleries may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. KCM Galleries will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at KCM Galleries sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and KCM Galleries reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. KCM Galleries may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. KCM Galleries 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 KCM Galleries 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 KCM Galleries regarding any special taxes or fees applicable to their particular circumstances.
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 KCM Galleries 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. KCM Galleries may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
