Conditions of Sale
SHIPPING, PAYMENT & AUCTION POLICIES
TAXES
Long Beach, CA Local Taxes Apply 10.25% unless is being shipped out of the state or resale number is provided.
PACKING & SHIPPING
1) Buyer pays packing and shipping costs and is responsable for contacting shipping company of his choice. MOLAA will provide a list of local packing and shipping companies in the area.
2) Curb-side pick up will be available at the museum, according to guidelines and regulations the city imposes during the week of December 7th 2020.
PAYMENT
All Credit Cards accepted and wire transfers
COMISSION and FEE's
MOLAA does not charge commission 0%
INVALUABLE charges a fee of 5% of total purchase price
All Credit Card transactions have a 3% FEE
bidder cards may be charged 4 days after an invoice has been sent.
TERMS
This catalog, as amended by any posted notices, is the Museum of Latin American Art's entire agreement with the purchaser relative to the property listed herein. The following Conditions of Sale and any glossary contained herein are the complete and only terms and conditions on which all property is offered for sale. The Conditions of Sale may be amended by posted notices or oral announcements
made before or during the sale. By bidding at auction you agree to be bound by these terms and conditions.
We reserve the right to withdraw any property before sale and shall have no liability for such withdrawal.
Lots offered in this auction are stored at the Museum of Latin
American Art at 628 Alamitos Ave, Long Beach, CA 90802
All bidders must register in order to bid on items in the auction. Registration will be on a confidential basis and no bids will be accepted from unregistered bidders.
The lots listed in the catalog will be offered in their numerical order.We reserve the right to withdraw any property at any time and shall have no liability for each such withdrawal. We reserve the right to reject any
bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between the bidders or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive..
On the closing of the online auction, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder of all conditions set forth herein, and such thereupon
(a) assumes full risk and responsibility therefore and (b) will pay the full purchase price therefore. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 5% per month of the
total purchase price if payment is not made in accordance with the conditions set forth herein. The late charge will be imposed pro rata
for periods of less than one month. All property must be removed from our premises by the purchaser at his or her expense not later than 7 business days following its sale, and if it is not so removed, (a) a handling charge of 1 % of the purchase price per month until its removal will be payable to us by the purchaser, with a minimum of 5 % for any property not so removed within 60 days of the sale, or (b) we may send the purchased property to a public warehouse at the account, risk and expense of the purchaser. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us by law (including reasonable attorney's fees), including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency and costs, including handling charges and incidental damages.
We shall have the rights afforded a secured party under the California Commercial Code with respect to such property, and we may apply against such obligations all monies or other property held or received by us for the account of, or due from us to, such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds.
If a purchaser breaches any of these Terms of Sale, The Museum of Latin American Art may seek all remedies under the law.
Each lot is offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold.
Please note: An 5% INVALUABLE commission fee premium shall apply on all purchases made, there is no commission charged by MOLAA.
Unless exempted by law, the purchaser will be required to pay the California state and local sales tax, or any applicable compensating use tax of another on the total purchase price.
The rate of such combined tax is 10.25%.
The Museum of Latin American Art provides packing and handling only for items picked up by the purchaser on the day(s) of the auction. However, this service is provided only as a convenience and in no event will MoLAA be liable damage to painting, glass or frames regardless of cause in connection with this free service.
A third party vendor of MoLAA's choice (LA Packing and Crating) will be made available for shipping domestically and internationally on the day(s) of the auction. Any packing and handling required to ship artwork is the sole responsibility of the buyer. Arrangements for packing and handling must be made with the Museum's designated third party vendor (LA Packing and Crating) or with the Buyer's chosen vendor. MoLAA is not responsible for any negotiations or issues that may arise through the use of it's designated vendor (LA Packing and Crating) or any other third party vendor.
All Items Shipped Outside The U.S. Will Be Declared At Full Value For Customs.
Paintings with glass cannot be insured.
The Conditions of Sale as well as the purchaser's and our respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California. By bidding at an auction, the purchaser shall be deemed to have consented
to the jurisdiction of the state and federal courts of the State of California.
We are not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser. In no event will our liability to the purchaser exceed the purchase price actually paid.
Bidder does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever, caused before, during or after the auction.
If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check- out, the sale shall be deemed canceled without any liability on the part of the Museum.
We assume no responsibility for the authenticity or the authorship of any
property listed in this catalog (that is, the identity of the creator or the period, culture, source or origin, as the case may be, of the property). All property is sold "as is", and we make no warranties or representations of the genuineness or attribution of the property nor any warranties or representations of the correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property,
and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. All sales are final.We make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property.
Payment will be accepted in the form of credit card, wire transfer. If payment is made by wire transfer, art will not be released to bidder until said check has cleared.
Bidding increments designated by the Museum of Latin American Art are guidelines only. The Museum of Latin American Art and/ or the Auctioneer reserve the right to deviate from stated bidding increments as they deem appropriate.
We make every effort to honor all bids, but we are not liable for any losses incurred as a result of failure to execute a bid
All sizes are approximate and size refers to size of image unless otherwise specified
Internet Bidders Please note: Your bid is a contract. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding. Before placing any bid read the terms and shipping charges. Placing bids by absentee, phone, Internet or live indicates that you understand these terms and shipping charges.
Internet purchases may be made by a major credit card only. The Museum of Latin American Art will communicate with winning Internet bidders within 3 days of the close of the auction. Once winning bidders have been contacted by the Museum of Latin American Art, they must respond to the Museum within three days.
If an item is materially different than was described, Buyer shall have 48 hours from the date the property is received to notify the Seller. After the 48 hour period all items are considered 'as is', without recourse. No lot is returnable on account of property included but not specifically named and described in such lot.
In the event of an inconsistency between this Agreement and any other document, which is part of this Agreement, the terms of this Agreement shall govern. From time to time during the term of this Agreement, MoLAA may amend this Agreement (including any incorporated documents) by posting the amended terms on theINVALUABLE site, emailing notice of the amendment to the Buyer, or otherwise communicating such amendment to the Buyer. Each amendment will be effective immediately after it is initially posted on the Site, emailed to the Buyer, or otherwise communicated to the Buyer.
The information in this catalog is believed to be correct. However, MoLAA assumes no liability for omissions or errors. Artwork is sold "as is". We reserve the right to refuse to divulge post-auction sales results.
thank you.
