CONDITIONS OF SALE
Doyle New York does not guarantee that live Internet bidding will be uninterrupted or without error, or that Internet bids will be received.
1. BINDING TERMS
The lots listed in this catalogue will be offered by Doyle New York as owner or as agent for consignor subject to the following terms and conditions. Where Doyle is agent, the contract is between seller and buyer. The following Conditions of Sale and Terms of Guarantee constitute the entire agreement with the purchaser relative to the property listed in this catalogue. By bidding at auction you agree to be bound by these terms:
2. AS IS
All lots are sold "AS IS" and without recourse and neither Doyle New York nor its consignor makes any warranties or representations, express or implied, with respect to such lots, except for the limited warranties expressly stated in the Terms of Guarantee section of this catalogue. Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place, to determine its condition, size, and whether or not it has been repaired or restored.
Except as otherwise expressly and specifically provided in the Terms of Guarantee, neither Doyle New York nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging; nor does a reference to particular defects imply the absence of others. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative.
The Terms of Guarantee are controlling, and no statement, whether written or oral, and whether made in this catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements by Doyle New York in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Except as stated in the Terms of Guarantee, neither Doyle New York nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
Doyle New York and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Doyle New York expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Doyle New York relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Doyle New York and shall not be used by the buyer, nor by anyone else, without our prior written consent.
3. WITHDRAWAL
Doyle New York reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.
4. RESERVES
If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance. Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. No reserve will exceed the low estimate of the lot. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Doyle New York.
Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
Lots marked C preceding the estimate are consigned and reserved. Those marked • are reserved property in which Doyle New York has an interest.
The auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Unless otherwise noted in the catalogue or by an announcement at the auction, Doyle New York acts as agent on behalf of the seller and does not permit the seller to bid on his or her own property.
5. ESTIMATES
Each lot in the catalogue is given a low and high estimate representing that range which, in the opinion of Doyle New York, represents a fair and probable auction value. When possible, the estimate is based on previous auction records of comparable property, condition, rarity, quality and provenances. The estimates are often determined several months before a sale and are therefore subject to change upon further research of the property, or to reflect market conditions or currency fluctuations. Estimates are subject to revision. Actual prices realized for items can fall below or above this range. An estimate of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer's premium. Where "Estimate on Request" appears, please contact the Specialist Department for further information.
6. BIDDING
Doyle New York reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the purchaser. The auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the Doyle New York sale record shall be conclusive.
7. PURCHASER'S RESPONSIBILITY
Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such bidder thereupon assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames and glass covering prints, paintings or other works). Although in our discretion we will execute orders or absentee bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith.
When making a bid, a bidder is accepting personal liability to pay the purchase price as follows, unless it has been explicitly agreed in writing with Doyle New York before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Doyle New York, and that Doyle New York will look only to the principal for payment:
The total purchase price to be paid by purchaser is the amount of the successful bid price plus a premium of 25% on the first $100,000 of the hammer price, 20% on the portion from $100,001 through $2,000,000, and 12% on that portion of the hammer price exceeding $2,000,000. Payment shall be made as follows:
A cash deposit of not less than 25% of the purchase price (unless the whole purchase price is required at the sole discretion of Doyle New York) will be paid on the day of the auction. Deposits shall apply to all purchases made at this sale and not to any one particular lot.
Prior to the sale, the buyer must provide us with his or her name and permanent address and, if so requested, details of the bank from which payment will be made.
The balance of the purchase price, if any, should be paid for and picked up at Doyle New York within 48 hours after the auction. Such payment shall be made in U.S. dollars by certified or cashier check drawn on a U.S. bank unless other arrangements are made with Doyle New York. The buyer will not acquire title to the lot until we have received all amounts due to us from the buyer in good cleared funds even in circumstances where we have released the lot to the buyer. Doyle New York reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Doyle New York a handling charge of $25 for any check dishonored by the drawee.
At some auctions there may be a video or digital screen. Errors may occur in its operation and in the quality of the image, and Doyle New York does not accept liability for such errors.
8. REMEDIES AVAILABLE TO DOYLE NEW YORK
In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from our premises by the purchaser at their expense not later than (2) business days following its sale and, if it is not removed, Doyle New York reserves the right to charge a minimum storage fee of $5 per lot per day or to deliver the property to a public warehouse for storage at the purchaser's expense, to be released only after payment in full of all removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us. Doyle New York shall have no liability for any damage to property left on its premises for more than (2) days following the sale.
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor 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 shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies:
a) To charge interest at such rate as we shall reasonably select;
b) To hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
c) 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;
d) Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;
e) To set off the outstanding amount remaining unpaid by the buyer against any amounts which we may owe the buyer in any other transactions;
f) Where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs;
g) To reject at any future auction any bids made by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids;
h) To take such other actions as we deem necessary or appropriate; or
i) To effect any combination thereof.
In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. We shall have all of the rights accorded a secured party under the New York Uniform Commercial Code with respect to such property and we may apply against such obligations all monies 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 represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchaser price for any lot and Doyle New York nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Doyle New York shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.
9. LIMITED LIABILITY
If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Doyle New York shall not be liable for any amount in excess of that paid by the purchaser. 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 and Doyle New York will have no liability for any loss or damage to such items.
10. DOYLE NEW YORK EMPLOYEES
Employees of Doyle New York are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public.
11.
Doyle New York on occasion makes loans or advances funds to consignors.
12. WAIVER OF CONDITIONS
Any and all of these conditions may be waived or modified in the sole discretion of Doyle New York. The Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this catalogue are subject to amendment by us by oral announcements made during the sale. Salesroom notices amend the catalogue description of a lot after our catalogue has gone to press. They are posted in the viewing galleries and salesroom or are announced by the auctioneer. Please take note of them.
13.
All measurements and weight are approximate. Doyle New York is not responsible for damage of glass covering paintings, drawings and other works or frames regardless of cause.
14.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law.
15.
The rights and obligations of the parties with respect to these Conditions of Sale and Terms of Guarantee, as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of New York. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Doyle New York, to the exclusive jurisdiction of the federal or state courts located in the state and county of New York and waives any objection to the jurisdiction and venue of any such court.
SHIPPING
IMPORTANT: Please read carefully and seek independent advice. The Lots are available for inspection and a Bidder must form your own opinion and judgment in relation to it. Bidders are strongly advised to examine any Lot or have it examined on your behalf by an expert before the Sale.
These conditions and all other terms, conditions and notices set out in the Catalogue of KL Lifestyle Art Space ("KLAS"), or announced by the Auctioneer or posted at the Sale Venue (together the 'Auction
Conditions'), form the terms on which KLAS contracts and/or regulates its relationship with Bidders, Buyers and Sellers. All Bidders, Buyers and Sellers are deemed to be aware of the Auction Conditions and their legal implications.
Notices and announcements affecting the Sale may be made during the Auction without prior written notice and these form part of the Auction Conditions, provided that the conditions set out herein will prevail over any inconsistency unless expressly stated otherwise. A Bidder should be alert to the possibility of changes and should check in advance of bidding if there have been any announcements or notifications, if he is unsure.
The Auction Conditions apply to all aspects of a Sale, including without limitation, the consignment of Lots, the bidding of Lots, the Delivery of Lots, the resale of Lots, the Payment of the Hammer Price and the Buyer's Premium.
Section 1
NOTICE TO BIDDERS
General
1.1 This notice is addressed by KLAS to any person who may be interested in a Lot, such as Bidders and potential Bidders (including any eventual Buyer of the Lot) but should also be noted by Sellers. The List of Definitions and a Glossary of terms used is set out as Appendix 1 at the end of these conditions and are deemed incorporated into the Auction Conditions.
KLAS is Seller's Agent Only
1.2 In its role as Auctioneer of Lots, KLAS acts solely for and in the interests of the Seller. KLAS' job is to sell the Lot at the highest price obtainable at the Sale to a Bidder. If KLAS or any of its staff or representatives makes any statement or representation in respect of a Lot, or if KLAS provides a Condition Report on a Lot, it does so, on the Seller's behalf. Upon a Sale, the resulting contract ("the Contract of Sale") is between the Buyer and the Seller and not with KLAS. The terms of the Contract of Sale between a Seller and a Buyer is set out in Section 2.
1.3 KLAS does not act for Buyers or Bidders, and does not give advice to Buyers or Bidders. Accordingly, no statement made by KLAS, its staff or representative may be relied upon by a Bidder as the inducement for any bid or Sale. Bidders and Buyers are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them, and in every case, Bidders and Buyers will be deemed to have exercised their own independent judgment in deciding to bid for or purchase any Lot.
Tests
1.4 KLAS is under no obligation to investigate or carry out any tests on any Lot to establish the accuracy of any Descriptions or opinions given by KLAS, the Seller or by any person, whether in the Catalogue or elsewhere. KLAS does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in contract or tort) in respect of the accuracy or completeness of any statement or representation about a Lot.
1.5 KLAS and the Seller give no guarantees or warranties to the Buyer and any implied warranties or conditions are excluded (save in so far as such obligations cannot be excluded by statute). In particular, any representations, written or oral, including those in any catalogue, report, commentary or valuation, in relation to any aspect or quality of any Lot, including price or value:
(a) are statements of opinion only; and
(b) may be revised prior to the Lot being offered for Sale
(including whilst the Lot is on public view.
Bidder's Duty to Inspect
1.6 Subject to the Contractual Description about a Lot in the Catalogue, Lots are sold to the Buyer on an "as is" basis, and may contain faults and imperfections. Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Description) or elsewhere of any Lot are for identification purposes only. They may not reveal the true condition of a Lot. A photograph or illustration may not reflect an accurate reproduction of the colour(s) or dimensions of the Lot. Lots are available for inspection prior to the Sale and it is for a Bidder to satisfy yourself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, origin, value and estimated selling price (including the Hammer Price).
1.7 It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, portions may have been replaced or renewed and Lots may not be authentic or of satisfactory quality. Given the age of many Lots they may have been damaged and/or repaired and a Bidder should not assume that a Lot is in good condition. If a Bidder yourself do not have expertise regarding a Lot, a Bidder should consult someone who does to advise a Bidder.
Condition Reports and Estimates
1.8 KLAS may provide Condition Reports at the request of a Bidder. Neither KLAS, its employees nor agents, nor the Seller, provides any guarantee in relation to the nature of the Lot. References in the Catalogue entry or the Condition Report to the condition of the Lot are for guidance only and should be evaluated by personal inspection by the Bidder. The absence of any statement of defect does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others.
1.9 Estimates are in the currency of the Sale. Contractual Descriptions and Estimates may be amended at KLAS' discretion from time to time by notice given orally or in writing before or during a Sale. The estimated price range of the Lot should not be relied on as statement that this is the price at which the Lot will sell or its value for any other purpose. The estimated price range is subject to change and may be revised anytime without prior notice. Buyers should not rely upon estimated price range as the representation or guarantee of actual selling prices. Estimates do not include the Buyer's Premium.
Storage Cost
All lots will be stored at KL Lifestyle Art Space.
Buyers will have to pay storage and insurance fee payable directly to Mediate Communications Sdn Bhd, if respective lots bought from the KLAS Art Auction are not collected within 5 (five) working days after the auction.
Disclaimer and Limitation of Liability
1.10 KLAS disclaims for itself and on behalf of the Seller, any duty or responsibility to a Bidder in contract or tort (whether direct, collateral, express, implied or otherwise) and your attendance at the Sale Venue is entirely voluntary on your part and no liability is assumed by KLAS or its employees (howsoever caused) for any loss suffered by a Bidder arising from your participation in or presence at the auction.
1.11 Without prejudice to 1.10 above, and save in so far as it relates to any liability to a Buyer which KLAS may have, any claim against KLAS will be limited to the Hammer Price and the Buyer's Premium actually paid to KLAS.
Counterfeits
1.12 In the event the Sale of a Lot subsequently proves to be a counterfeit KLAS will have the right to terminate the Sale and will use its best endeavours to obtain a refund from the Seller for the Buyer, provided that:
(a) no later than one (1) year after the date of the Sale, the Buyer has notified KLAS in writing of the number of the Lot, the date of the auction at which it was purchased and provided evidence by no less than two (2) experts to question the authenticity of the Lot; and
(b) is able to transfer good title to Seller free from any third party claims arising after the date of the Sale to the Buyer; and
(c) is able to return the Lot to KLAS in the same condition as at the date of the Sale; and
(d) the Lot was not in conformity with the Contractual Description at the date of the Sale or the Contractual Description was not in accordance with the generally accepted opinions of scholars and experts at that time not indicated any conflict in such opinions; and
(e) there were methods of establishing that the Lot was counterfeit at the date of publication of the Catalogue by means of processes which were generally accepted for use that were not unreasonably expensive or impractical or unlikely to have caused damage to the Lot but were not applied; and
(f) the Lot was not a deliberate Forgery and the correct Description was not reflected by the Catalogue Description.
1.13 No Lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or overpainting).
1.14 KLAS reserves the right to seek additional independent advice before exercising its right to terminate a Sale on the grounds of counterfeit.
Seller's Liability to Bidders and Buyers
1.15 This Notice to Bidders is given by KLAS as auctioneer and as agent for the Seller. Therefore they also describe the Seller's duties and liabilities to the Buyer. The Seller's obligations to the Buyer are limited to the same extent as KLAS's obligations to the Buyer. Any express or implied conditions or warranties by the Seller are excluded save in so far as it is not possible to exclude obligations implied by statute.
Bids
1.16 KLAS has the right, at its absolute discretion, to refuse admission to any person to the premises or participation of any person in the Auction or any part of the Auction and to reject any bid.
1.17 Prospective Buyers or Bidders who wish to bid at the Auction must register as a Bidder at anytime after publication of the relevant Bid Registration Form before the start of the Auction, as determined by KLAS at its discretion. A Bidder or prospective Buyer must complete and sign a Bid Registration Form and provide identification beforebidding. KLAS may require the production of bank or other credit references.
1.18 In making a bid at the Auction, a Bidder will be deemed to do so as principal and will be held personally and solely liable for the bid, in particular to pay the Hammer Price, and the Buyer's Premium and all applicable taxes and levies, unless it has been explicitly agreed in writing with KLAS before the commencement of the Sale that the Bidder is acting as agent on behalf of any identified third party acceptable to KLAS. In such circumstances, both the Bidder and his principal will be jointly and severally liable under the Auction Conditions.
1.19 KLAS will use reasonable efforts to carry out Absentee Bids delivered to KLAS prior to the Sale for the convenience of clients who are not present at the Auction in person. Absentee Bids must be made by completing and returning the relevant Absentee Bid Form no later than 24 hours before the Sale, in manner acceptable to KLAS.
1.20 KLAS may at its sole discretion and subject to any conditions and procedures it may impose, accept bids by telephone ("Telephone Bids") from known and verified clients. Any bid communicated by telephone at the Auction will be deemed given by the caller or his principal, jointly and severally.
1.21 If firm bids on a particular Lot received before the commencement of the Auction are identical to the highest bids on the Lot received at Auction, the Lot will be sold to the person making the earlier bid.
1.22 Execution of Absentee Bids and Telephone Bids is a complimentary service undertaken on a best endeavour basis subject to prevailing circumstances at the time of the Auction. KLAS does not accept liability for failing to execute an Absentee Bid or a Telephone Bid or any errors and omissions in connection with them.
Conduct of the Auction
1.23 The Auctioneer will commence and accept bidding at levels that he considers appropriate for the Lot under auction and the size of competing Bids. The Auctioneer has the absolute and sole discretion at any time to:
(a) refuse any bid which does not exceed the previous bid by at least 10% or by such other amount as the Auctioneer will in his absolute discretion decide;
(b) to advance the bidding in such manner as he may decide;
(c) to withdraw any Lot;
(d) to combine any two or more Lots; and
in the case of any errors or dispute, and whether during or after the Sale, to determine the successful Bidder, to continue the bidding, to cancel the Sale or to reoffer and resell the Lot in dispute and/or take any such actions as he reasonably thinks fit in the circumstances. In the event of any dispute in respect of a Sale, the decision of KLAS will be conclusive.
1.24 Bids must be placed in Ringgit Malaysia. The person who makes the highest bid accepted by the Auctioneer (and that person's disclosed principal, if applicable) will be the Buyer. The striking of the Auctioneer's hammer marks the acceptance of the highest bid and identifies the Hammer Price at which the Lot is knocked down by the Auctioneer to the Buyer. The striking of the Auctioneer's hammer also marks the conclusion of a Contract of Sale between the Seller and the Buyer in terms of these Auction Conditions.
1.25 Unless otherwise indicated, all Lots are offered subject to a Reserve. The Reserve will not exceed the estimated price range printed in the Catalogue. Lots that are subject to a Reserve will be identified with the symbol next to the Lot number. In the event that there is no bid on a Lot, the Auctioneer may deem such lot unsold.
1.26 The Seller may not bid for his own property and may not instruct or permit any other person to bid for the property on his behalf. KLAS shall be entitled to bid on behalf of the Seller up to the amount of the Reserve, either by placing consecutive bids or by placing bids in response to other Bidders. The Auctioneer may not indicate that he is making such bids on behalf of the Seller.
After the Sale
1.27 Upon conclusion of the relevant session of the Auction in which the Lot was sold, the Buyer shall pay to KLAS the full amount due no later than seven (7) calendar days after the Auction and provide KLAS with his name and permanent address and, if so requested, proof of identify. Payment will not be deemed to have been made until KLAS is in receipt of the full amount due to KLAS from the buyer either in cash or cleared funds.
1.28 Risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer at the time payment of the Purchase Price is due.
1.29 The Buyer will be asked to sign a Buyer's Acknowledgment Form upon the fall of the hammer and to make payment of twelve percent (12%) of Hammer Price (or RM500.00, whichever is greater) as a non-refundable earnest deposit before leaving the Sale Venue. Failure to sign the form and make payment for the earnest deposit will render the Sale null and void and the Auctioneer will be entitled immediately offer the Lot for resale.
1.30 KLAS does not accept responsibility for notifying the Buyer of the result of his bids. Buyers are requested to contact.
KLAS by telephone or in person as soon as possible after the Sale to obtain details of the outcome of their bids.
