Matthews Gallery Terms & Conditions
Your bid constitutes a legally binding contract between Deloney Newkirk Fine LTD, dba Matthews Gallery and you. The auction items will be offered and sold by Matthews Gallery as owner or as "Agent for Consignor" subject to the terms and conditions set forth on this page. By bidding with us, you expressly agree to abide by all the following terms and conditions:
1. As Is: All items are sold "As Is".
2. No Warranties: Matthews Gallery strongly encourages all prospective bidders or his/her agent to personally inspect auction items during the preview period before the auction or contact Matthews Gallery with any questions. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity, the authorship, the provenance and the condition of any property (that is, the identity of the creator or the period, the culture, source or origin, the previous ownership and the physical attributes) with which any property is identified in the auction catalog, or orally during the auction or elsewhere.
All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalog, auction, elsewhere or by Bill of Sale or Invoice, such warranties are expressly disclaimed by the Auctioneer and the Consignor and are expressly WAIVED by the purchaser. No statement in the catalog or made orally at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed a warranty or representation of such or an admission of liability.
3. Right to Refuse Registration or Bids: Matthews Gallery reserves the right, at our sole and final discretion, to refuse registration or reject a bid, from any bidder.
4. Legal and Binding: All bids to purchase any given lot are considered a legal and binding agreement subject to these Terms and Conditions.
5. Auctioneer's Discretion: Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalog. The highest bid 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 re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance.
6. Reserve by the Consignor or Seller: unless the sale is advertised and announced as a sale without reserves, each lot is offered subject to a reserve and Matthews Gallery may implement such reserves by bidding through its representatives on behalf of the consignor.
7. Absentee Bids: Matthews Gallery may undertake to make bids on behalf of responsible persons approved by it, subject to these Terms and Conditions and to such other terms and conditions as it may prescribe for absentee bidders. Matthews Gallery reserves the right, however, to decline to undertake to make such bids, and when undertaking to make such bids shall in no event be held responsible for failure to correctly enter such bids.
8. Telephone Bids: At its discretion, Matthews Gallery may allow bids to be made by telephone as long as these arrangements have been agreed to in advance with the bidder.
9. Buyer's Premium: All purchases are subject to a buyer's premium as outlined in the auction catalog.
10. When An Item Is Sold: Upon the fall of the auctioneer's hammer, or the statement of "Sold", title to the offered lot passes to the highest bidder who thereupon (a) assumes full risk and responsibility therefore, and (b) will pay the full purchase price therefore. In a case of a discrepancy between the website's display of a Sold price and the Matthews Gallery's clerking sheets record, the clerking sheets will be the final accepted record.
NOTE: Matthews Gallery is also not responsible for technical issues or loss of internet connection. In cases where the internet connection is lost, Matthews Gallery will not stop the floor bidding while the connection is re-established; lots may therefore have to be passed on any internet platform to catch up to the floor bidding.
11. Payments Due and Accepted Payment Methods: All invoices must be paid within 7 business days after the auction sale end and bidder credit cards may be charged 4 days after an invoice has been sent.
For sales $14,999 and under accepted payments are Visa/MC, American Express, Discover, Paypal, Personal Checks, Cashier Check, Money Order.
For sales over $15,000 accepted payments are Personal Checks, Cashier Check, Money Order.
NOTE: All merchandise will be held on the premises of Matthews Gallery and not released until the bidder's payments are received into our account.
12. New Mexico Residents: Unless exempted by law, all full-time residents of the State of New Mexico are subject to a .08313% NM state sales tax. Documentation of any claimed tax exemption must be provided when requested. Taxes may not be removed without proper documentation.
13. Unpaid Balances: Accounts that are unpaid after 30 days of the sale date will be subject to a 10% monthly finance charge.
14. Balances Due: The buyer is liable for all fees/costs associated with the collection of balances due, including attorney's fees.
15. Storage Fees/Abandonment: Unless prior arrangements have been made with Matthews Gallery, any merchandise not removed within 14 days of the sale date will be subject to a storage fee of $10.00 per day. Any merchandise not removed within 45 days of the sale date will be considered abandoned and may be resold without notice to the purchaser.
16. Shipping/Handling: of all lots is handled by third party only. Matthews Gallery DOES NOT PACK or SHIP ANY ITEMS SOLD AT AUCTION. NO EXCEPTIONS. Upon receipt of payment, the buyer may arrange to pick up their purchased items themselves or arrange for a shipping agent to pick up the items. International Shipments VAT taxes are the responsibility of the buyer.
The buyer MUST make an appointment, with Matthews Gallery, prior pick up. The following are recommended shippers:
-Art Delivery Service
(505) 982-6155
info @ artdeliveryservice.com
-PakMail Santa Fe
(505) 989-7380
jacobm @ weshipsantafe.com
Once arrangements have been made with your chosen shipper you will need to send an email to auction @ thematthewsgallery.com notifying us of the shipper you have chosen and authorizing us to release your item(s) to them.
17. Refunds: Refunds will be given at the sole discretion of the auctioneer and will only be considered on lots that are determined not to be authentic or have major damage or significant restorations/repairs that were not mentioned in the condition report. Requests for refunds in regard to authenticity must be received within 20 days after the sale end. The request must include at least one supporting written and signed statement from an authority recognized by the auctioneer.
NOTE: Your timeliness and type of payment directly affect the time allowed for a refund transaction. Absolutely no refunds will be made after 30 days of the sale date. Do not return any item until a refund authorization has been obtained from Matthews Gallery Auctions. Once a refund is approved and the complete lot is returned to the satisfaction of the auctioneer, a full refund of the hammer price and buyer's premium will be issued (we do not refund shipping cost). We do not offer partial refunds.
18. Withdrawal of Items: The Auctioneer has the right to withdraw any item property at any time before the auction begins.
19. Jurisdiction: These terms and conditions, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New Mexico. Upon making a bid, the bidder shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of New Mexico.
20. You Agree: By submitting your bid, you agree that you have read and agree with the foregoing Terms and Conditions.
Payments
All invoices must be paid within 7 business days after the auction sale end and bidder credit cards may be charged 4 days after an invoice has been sent.
For sales $14,999 and under accepted payments are Visa/MC, American Express, Discover, Paypal, Personal Checks, Cashier Check, Money Order
For sales over $15,000 accepted payments are Personal Checks, Cashier Check, Money
Bidder credit cards may be charged 4 days after an invoice has been sent.
Shipping Terms
Shipping/Handling of all lots is handled by third party only.
Matthews Gallery DOES NOT PACK or SHIP ANY ITEMS SOLD AT AUCTION. NO EXCEPTIONS.
Upon receipt of payment, the buyer may arrange to pick up their purchased items themselves or arrange for a shipping agent to pick up the items. The buyer MUST make an appointment, with Matthews Gallery, prior to pick up.
The following are recommended shippers:
-Art Delivery Service
(505) 982-6155
info@artdeliveryservice.com
-PakMail Santa Fe
(505) 989-7380
jacobm@weshipsantafe.com
Once arrangements have been made with your chosen shipper you will need to send an email to auction @ thematthewsgallery.com notifying us of the shipper you have chosen and authorizing us to release your item(s) to them.
Payments: All invoices must be paid within 7 business days after the auction sale end and bidder credit cards may be charged 4 days after an invoice has been sent.
For sales $14,999 and under accepted payments are Visa/MC, American Express, Discover, Paypal, Personal Checks, Cashier Check, Money Order
For sales over $15,000 accepted payments are Personal Checks, Cashier Check, Money
Bidder credit cards may be charged 4 days after an invoice has been sent.
