JMW Conditions of Sale
JMW AUCTION GALLERY CONDITIONS OF SALE THE FOLLOWING CONSTITUTES THE ENTIRE
TERMS AND CONDITIONS UPON WHICH PROPERTY LISTED IN THE CATALOG
SHALL BE OFFERED FOR SALE OR SOLD BY JMW AUCTION GALLERY AND ANY CONSIGNOR
OF SUCH PROPERTY FOR WHOM WE ACT AS AGENT. 1. As used herein the term
"bid price" means the price at which a lot is knocked down to the purchaser
and the term "purchase price" means the aggregate of (a) the bid price, (b)
A PREMIUM PAYABLE BY
THE PURCHASER OF 18% OF THE BID PRICE and (c) New York state or local sales
tax. 2. This is a live auction, with absentee bids accepted before the
sale. As of closing time
printed below, 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 therefore (b) if requested will sign a confirmation of
purchase, and (c) will pay the purchase price in full or such part as we
may require for all lots purchased.
No lot may be transferred. All property shall be shipped at the purchaser's
expense. Each sale made pursuant to these Conditions of Sale will be deemed
to constitute a grant of a
security interest by the purchaser to us in, and we may retain as
collateral security for the purchaser's obligations to us, any of the
purchaser's property in our possession, and
we may apply against such obligations all monies held or received by us for
the account of, or owing to, the purchaser. Whenever the purchaser pays
only a part of the total
purchase price for one or more lots purchased, we may apply such payments,
in our sole discretion, to the lots we chose. Payment will not be deemed
made in full until we have
collected all amounts due in cash(In House Only) or good funds represented
by cleared checks, cashier checks, and credit cards. If the foregoing
conditions or any other
applicable conditions herein are not complied with, in addition to other
remedies available to us and the consignor by law, including but without
limitations, the right to hold the
purchaser liable for the purchase price, we at our option may either (a)
cancel the sale, retaining as liquidated damages all payments made by
purchaser or (b) resell the property,
either publicly or privately, and in such event the purchaser shall be
liable for the payment of any deficiency plus all costs and expenses of
both sales, our commission at our
standard rates, all other charges due hereunder, attorney's feel and
incidental damages. 3. All autograph signatures, letters, documents and
signed photos are guaranteed
authentic, all other items are sold "as is". All statements contained in
the catalog or in any bill of sale, invoice or elsewhere as to period,
culture, source, origin, measurements,
quality, rarity, provenance, importance, exhibition and literature of
historical relevance or physical condition are qualified statements of
opinion and not representations or
warranties. The purchaser hereby accepts the benefit of the consignor's
warranty of title and other representations and warranties made by the
consignor for the purchaser's
benefit. The purchaser expressly acknowledges and agrees that in no event
shall we be liable for any damage including, without limitation, any
compensatory, incidental or
consequential damages. 4. We reserve the right to withdraw any property at
any time before the actual sale. We reserve the right to reject a bid from
any bidder. The highest
bidder acknowledged by us shall be the purchaser. In the event of any
dispute between bidders, or in the event we doubt the validity of any bid,
we shall have sole and final
discretion either to determine the successful bidder or to re-offer and
resell the article. If any dispute arises after the sale, our sales records
shall be conclusive in all respects. If
we are prevented by fire, theft or any other reason whatsoever from
delivering any property to the purchaser, our liability shall be limited to
the sum actually paid therefore by the
purchaser and shall in no event include any incidental or consequential
damages. 5.We have tried to accurately describe every item in this catalog.
Condition description ranges
are: poor, fair, good, very good and fine. Poor being the lowest level and
fine being the best condition. Substantial defects are noted, minor defects
may not be mentioned. If any
substantial defect not described in the catalog is discovered by the
purchaser, the lot must be returned within two days. This is not an
approval sale. Any return for any reason
other than authenticity issues will not be accepted if the item is not paid
in full within 7 days of the auction date, or 7 days from the issuance of
invoice by JMW Auction Gallery 6.
All items are to be paid for by (a) cash(In House Only), (b) cashier's
check (c) personal check made to JMW Auction Gallery (d) or credit card.
All sales are final. No bid can be
withdrawn at any time. All payment must be in U.S. dollars. 7. These
Conditions of Sale shall bind the successor and assigns of all bidders and
purchasers and insure to the
benefit of our successors and assigns. No waiver, amendment or modification
of the terms hereof shall bind us unless specifically stated in a writing
signed by us. If any part of
these Conditions of Sale is for any reason invalid or unenforceable, the
rest shall remain valid and enforceable. 9. We accept absentee bids in
advance of sale. "Buy" bids will not
be accepted; all bids must state the highest bid price the bidder is
willing to pay. As noted above, a 18% premium payable by the purchaser will
be added to the bid price. In the
event identical bids are submitted, the earliest will take precedence. We
assume no responsibility for failure to execute these bids for any reason
whatsoever. 10. Estimated
Prices. As a convenience to our clients, we furnish pre-sale estimates for
all lots included in the catalog. These are intended as an approximate
guide to our opinion of current
market value, and should not be interpreted as a price. The final bid price
may well be less than or more than any estimate printed. 11. The purchase
of any letter or document
does not give the buyer any copyright ownership. 12. Shipment is via USPS
or UPS at our discretion unless otherwise instructed. Large packages will
be packed and shipped by
a UPS packing center. Shipping charges are added to all invoices. Items are
shipped after receipt of payment. We do not ship to P.O. boxes unless a
special arrangement is made.
NOTE: All successful bidders will be notified by Monday following the sale
date by 5:00PM EST. PLACING OF A BID SHALL CONSTITUTE ACCEPTANCE OF THE
PRECEDING
TERMS AND CONDITIONS.
Shipping Terms
The viewing period allows the buyer to evaluate personally the condition and authenticity of the objects. Any dispute will not be allowed once the bidding is over. The objects are sold as seen at the time of bidding. To the best of our knowledge, all indications provided in the sale catalogue are correct; however the descriptions are only the expression of a professional opinion and do not constitute a guarantee. The catalogue may mention some damage to a lot without necessarily providing an exhaustive list. If the low estimate is CHF 1'000 or less there will be no mention of the object's condition. Condition reports are available upon request. Photographs, dimensions and weight are for indication only.
Title of goods therefore any risk passes to the buyer the moment the hammer falls on a lot. However, ownership of a lot can only be assumed after full payment of the invoice. In case of non- payment after three days following the end of the sale, the buyer is liable to judicial prosecution. Cancellation of the sale will ensue after a 30 day period of non payment if instructed by the vendor however, all fees and other charges will still be due by the buyer.
We give no guarantees as to the condition of the frames and glass.
