Terms And Conditions 2019
ATTRIBUTION:
Any statement made by Bremo Auctions about any lot or property, whether oral or written, concerning attribution of a work to any particular artist, school, country of origin, history or provenance, or to any date or time period, are expressions of our opinion and belief. Our opinions and beliefs have been formed honestly and in accordance with the standard of care reasonably to be expected of an auction house of Bremo Auctions' standing, due regard having been given to the estimated value of the item and the nature of the auction in which it is included. It must be clearly understood, however, that due to the nature of the auction process, we are unable to carry out exhaustive research of the kind undertaken by professional historians and scholars, and that as research develops and scholarship evolves, opinions on these matters may change. We therefore strongly advise any potential Bidders/Purchasers to personally examine any property in which they are interested, seek advice from their own professional advisors, and make any determinations regarding a property's authenticity PRIOR TO PARTICIPATING IN ANY AUCTION, particularly when bidding on any item of significant value.
CONDITIONS OF SALE:
It is important to Bremo Auctions that all bidders understand the terms and conditions under which its auctions are conducted. By bidding on an item through Bremo Auctions you are hereby accepting the terms and conditions of sale as set forth below.
1. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Bremo Auctions below which the lot will not be sold. In most cases, the reserve will be set below the high estimate, but in no case will it exceed the estimates listed. Bremo Auctions will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
2. 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, of 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.
3. Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or reoffer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder.
4. All bidders may be requested to give their name, residence, business address, telephone number, driver's license and credit card. Bremo Auctions shall have the right to reject any bid from anyone who has not established credit with Bremo Auctions prior to the auction. Any bidder that plans on spending in excess of $100,000 should make arrangements at least five (5) days in advance of the sale, as a deposit may be required to participate.
5. Property purchased by a successful bidder may not be removed from the auction sale premises until the full purchase price plus the buyer's premium and all applicable taxes have been paid.
6. ALL PAID FOR PROPERTY SHALL BE REMOVED FROM OUR PREMISES AT THE PURCHASER'S EXPENSE NO LATER THAN 5:00 PM ON THE MONDAY FOLLOWING THE SALE DATE, except Internet bidders. Internet purchases must be picked up within 21 calendar days of the auction. If purchases are not picked up within the specified time periods, beneficial bailee rights of the purchaser cease and a storage fee of $25.00 per lot, per day will be payable to Bremo Auctions by the purchaser. Further, after the required pickup dates, Bremo Auctions, may transfer the property to a public warehouse at the purchaser's risk and expense or, at the option of Bremo Auctions, the property may be sold at private or public auction, without notice to the previous purchaser and all the proceeds from such sale will be retained by Bremo Auctions as liquidated damages and storage fees. If merchandise belonging to a purchaser is lost by fire, theft, damage or any other reason, prior to the purchaser taking possession of same within the above specified time periods, the liability of Bremo Auctions shall be limited to the actual amount paid for the same at the auction wherein it was acquired and shall in no event include any incidental or consequential damages. BREMO AUCTIONS IS NOT A STORAGE FACILITY.
7. Invoices are due upon receipt and are considered past due 5 business days after the auction. Bremo Auctions accepts payments made by cash, check, cashier's check and wire transfer. Visa and Mastercard are accepted (with 4% additional fee) only for payments less than $1,000. Personal checks will be accepted only if credit has been established with Bremo Auctions or if a bank authorization has been received guaranteeing a personal check. Bremo Auctions reserves the right to hold merchandise purchased by personal check for 10 days after the check has cleared the bank. The purchaser agrees to pay Bremo Auctions a handling charge of $100.00 for any check dishonored by the bank.
8. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Bremo Auctions may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
9. In no event will the liability of Bremo Auctions to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
10. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
11. All purchases are subject to the Virginia 5.3% sales tax unless the purchaser possesses a Virginia sales tax exemption number. Exemption numbers from other states are accepted in the Commonwealth of Virginia if presented with a business card or letterhead. All pertinent sales tax exemption forms must be received prior to purchase. Dealers, museums, and other qualifying parties can apply for a Virginia exemption number prior to the auction by contacting the Commonwealth of Virginia.
12. Except for property purchased via on-line auctions, by telephone bid, a buyer's premium of 22% of the final bid price will be applied to each lot sold, to be paid by the Buyer as part of the purchase price. For example, if the final bid is $100, the purchase price is $122. The buyer's premium on property purchased via on-line auctions (Auctionzip, Bidsquare, Invaluable, or Liveauctioneers) will be 27%. Telephone bidding will be 25% of the final bid price. All purchases are subject to state and local taxes where applicable, which are computed on the purchase price.
13. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
14. If the purchaser fails to fulfill these conditions, in addition to all legal remedies available to Bremo Auctions, Bremo Auctions may: a) cancel the sale and retain any payments made as liquidated damages; b) resell the property for the account of the buyer, in which case the buyer shall be liable to Bremo Auctions for all its costs and damages, including the commissions for both auctions; c) remove the property to a warehouse for the account and at the risk and expense of the buyer.
15. Bremo Auctions and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Bremo Auctions expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Bremo Auctions relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Bremo Auctions and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
16. These conditions of sale shall be governed by the laws of the Commonwealth of Virginia (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Bremo Auctions in connection with the transactions contemplated by this agreement shall be brought, in the courts located in Albemarle County of the Commonwealth of Virginia or any federal court sitting therein. The bidder/buyer consents to the exclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
