Terms and Conditions
By participating in any sale, you acknowledge that you are bound by these Conditions of Sale and Terms of Guarantee.
1. As Is
Goods auctioned are often of some age. All property is sold "AS IS" without any representations or warranties by us as to merchantability, fitness for a particular purpose, the correctness of the e-catalogue or other description of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the e-catalogue, an advertisement, a bill of sale, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. We make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We are not responsible for errors and omissions in the e-catalogue, glossary, or any supplemental material. Washington Crossing Fine Arts and Antiques will not be responsible or liable for damage to frames and glass coverings, regardless of the cause.
2. Inspection
Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Where no exhibition is held for a timed auction, you may contact us to arrange inspection.
3. Withdrawal
We reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
4. Per Lot
Unless otherwise stated, all bids are per lot as numbered in the e-catalogue.
5. Description of Lots
Our description of any lot and any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance is our opinion. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only. It is the buyers sole obligation to personally or hire their own professional to inspect and render an opinion before purchasing any lots.
6. Condition
(a) The condition of lots sold can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots sold means that they will rarely be in perfect condition. Lots are sold in the condition they are in at the time of the sale. Wear often commensurate with age.
(b) Any reference to condition in Sale Particulars will not amount to a full description of condition, and images may not show the condition of a lot clearly. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our honest opinion but they may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason they are not an alternative to taking your own professional advice.
7. Estimates
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot.
8. Registration
In order to bid, you must first register on the Invaluable website. Washington Crossing Fine Arts and Antiques reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale. Bidders should also consult the Invaluable website for the most up to date cataloguing of the property in this e-catalogue. Bidders are responsible for making themselves aware of all available notices, which will be posted online.
9. Bidding
As soon as you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Washington Crossing Fine Arts and Antiques is not responsible for any errors in bidding. We reserve the right to reject any bid. The highest bidder acknowledged by the Washington Crossing and Invaluable online bidding systems will be the purchaser. Washington Crossing has absolute and sole discretion in the case of error or dispute with respect to bidding, and whether during or after the sale, to determine the successful bidder, to re-open the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
10. Closing Bidding
Bids may be submitted from the start of the auction until bidding on the specific lot closes.
11. Record of Sale
The record of sale kept by Washington Crossing will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Washington Crossing, the record of sale will govern.
Successful bidders will be notified and invoiced by Washington Crossing after the sale. In the event of any discrepancy between any online purchase information and the invoice sent to you by Washington Crossing following the sale, the invoice prevails.
12. Purchaser's Responsibility
Subject to fulfillment of all of the conditions set forth herein, at the close of a lot, the contract between Washington Crossing and the purchaser is concluded, and the winning bidder thereupon will immediately pay the full purchase price or such part as we may require. Title in a purchased lot will not pass until Washington Crossing has received the full purchase price in cleared funds. The purchaser's obligation to immediately pay the full purchase price or such part as we may require is absolute and unconditional and is not subject to any defenses, setoffs or counterclaims of any kind whatsoever. Washington Crossing is not obligated to release a lot to the purchaser until title to the lot has passed and any earlier release does not affect the passing of title or the Purchaser's unconditional obligation to pay the full purchase price. Please note Washington Crossing reserves the right to refuse to accept payment from a source other than the buyer of record. Unless otherwise agreed by Washington Crossing, all property must be removed from our premises by the purchaser at his expense not later than 7 days following its sale. Buyers are reminded that Washington Crossing liability for loss or damage to sold property shall cease no later than 7 days after the date of the auction. If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default and in addition to any and all other remedies available to us by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option, may cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser, or resell the purchased property, whether at public auction or by private sale, or effect any combination thereof. In any case, the purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, our commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to the purchaser from us or any affiliated company, or any payment made by the purchaser to us or any affiliated company, whether or not intended to reduce the purchaser's obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of or owing to such purchaser in our possession, custody or control or in the possession, custody or control of any of our affiliated companies, in each case whether at the time of the auction, the default or if acquired at any time thereafter, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. Payment will not be deemed to have been made in full until we have collected good funds. Any claims relating to any purchase, including any claims under the Conditions of Sale or Terms of Guarantee, must be presented directly to Washington Crossing.
13. Tax
Unless exempted by law, the purchaser will be required to pay the combined Pennsylvania State tax, any applicable compensating use tax of another state, and if applicable, any federal luxury or other tax, on the total purchase price. The rate of such 6% in Pennsylvania.
