Conditions of Sale
Except as stated in the Limited Warranty in paragraph 5 below, all property is sold "as is" without any representation or warranty of any kind by Kamelot or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
(a) Examination of property
Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place. If a bidder is unable to view an item in person, they are responsible for obtaining/requesting a condition report and/or additional photographs prior to bidding to determine an article's condition, size and any other pertinent information. We strive to be fair and forthright with our descriptions and condition reports, however bidders must acknowledge that antique items often show normal signs of use and wear, which might not be specified in a condition report. If you have very particular taste, it is advisable that you inspect items in person, as your definition of condition may be more exacting than a specialist could have time to verify.
(b) Condition reports
Our specialists will respond to condition report requests as quickly as possible, however please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Kamelot reserves the right to reject a condition report/additional photograph requests in which, in our opinion, the value of the object is not commensurate with the time necessary to complete the request.
(c) Catalogue and other descriptions
All statements by us 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 statement of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for guidance only. The absence of such a reference 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. Estimates 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. Except as set forth in paragraph 5 below, neither Kamelot nor the seller is responsible in any way for errors and omissions in the catalogue or any supplemental material.
(d) Reserves
Unless otherwise indicated, lots offered may be subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue.
All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are two absentee bids for $600 and $800, the lot must sell for $650, even if there is no further bidding from the phone, internet or from the live audience.
(a) Absentee bids
Kamelot requires all absentee bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your absentee bids, please call to confirm receipt. All absentee bidding is handled as though you are in attendance. Kamelot will purchase all designated lots for you one bidding increment above where competition stops. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, Kamelot Auctions is not liable or responsible for any errors or failure to do so.
(b) Phone bids
Kamelot requires all phone bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your phone bids, please call to confirm receipt. One of the reasons people bid by phone is to monitor how much they are spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be a problem executing the telephone bid.
(c) Internet bids
Kamelot Auctions is able to provide live bidding via kamelotauctions.com, eBay Live or Live Auctioneers. However, the user of these sites indemnifies and holds Kamelot Auctions and its consignors harmless against any claim arising out of or resulting from your use of any or all of these sites, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Kamelot Auctions and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, these sites.
3. AFTER THE SALE
(a) Sales results
Results are available by phone and on the web at www.kamelotauctions.com. Sales results are available no earlier than 2 p.m. on the first business day following the auction or as soon as the Auction House has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter.
(b) Buyer's premium
A buyer's premium of 25% will be added to the successful bid price of each lot that you purchase, (a higher buyer&rwquo;s premium may be added for live internet bidding) and is payable by you, along with applicable tax which, is applied to the total cost of your purchase. Buyers will be required to pay the State of Pennsylvania Sales Tax of 6% as well as the City of Philadelphia Sales Tax of 2% for a total of 8% at the time of payment unless the items are shipped out of the state of Pennsylvania or the buyer provides Kamelot with a valid Tax Exemption Number and fills out an Exemption Certificate (available upon request). This is Pennsylvania State Law and applies to anyone picking up items, regardless if you live or bid on the items outside the state of Pennsylvania.
(c) Payment and passing of title
All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All payments are due immediately upon receipt of invoice and should be received by Kamelot Auctions no later than 5 business days after the auction. Acceptable payment methods include cash, certified checks, money orders, or personal check. We do not acccept credit cards or PayPal. The only acceptable method of payment for purchases made outside the U.S. is a bank wire/bank transfer. For invoices mor than $1000.00, there is no additional fee for this service. For invoices less than $1,00, please include an additional $25 wire fee. WE will forward our bank wiring information after completion of the auction. Thank you for your understanding and cooeration.
(d) Remedies for non-payment
If the buyer fails to make payment in full in good cleared funds within the time required by paragraph (c) above, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(i) to charge interest at such rate as we shall reasonably decide;
(ii) to hold the defaulting buyer liable for the total amount due and to commence legal proceeding for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(iii) to cancel the sale
(e) Pickups
The week following the sale, Kamelot will provide labor to help assist buyers/shippers with their purchases however, buyers and/or their shippers, must pack/wrap and load their items. If items are picked up after the first week, please be aware that labor may not be available to assist buyers/shippers with their purchases. Normal pickup hours are Monday - Friday 10:00am - 4:00pm. All purchases must be removed within 15 after an auction. Property that is not removed within 15 business days of the sale will be moved to a storage facility at the buyer's risk and expense. The buyer will thereafter be assessed a storage charge of $10 per day. All associated charges must be paid in full before the property will be released. Property that has been paid for but remains unclaimed for more than 120 days will become the property of Kamelot Auctions.
(f) Shipping
Kamelot does not provide in-house shipping, but will assist bidders in arranging for the shipment of their items by providing a list of reputable shippers. All pickups or shipping arrangements should be made at the time of payment, but no later than 10 business days from the sale.
(g) Export license
Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export license does not affect his or her obligation to make payment immediately upon receipt of an invoice, nor our right to charge interest or storage charges on late payment. If the buyer requests us to apply for an export license on his or her behalf, we shall be entitled to make a charge for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer in circumstances where an export license is required.
We agree to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 5 below. Apart from that, neither the seller nor we, nor any or our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated in paragraph 5 below, neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
Subject to the terms and conditions of this paragraph Kamelot warrants for a period of 30 days from the date of the sale that any artwork described in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. Within those 30 days, Kamelot will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Kamelot and the purchaser, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email or a verbal description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this 30 day time frame. Should the buyer not do so, or should the buyer request Kamelot to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the 30 day warranty shall still apply. The term "author"or "authorship" refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the description of the property in this catalogue. Kamelot's warranty does not apply to supplemental material, which appears below the heading of each lot, and Kamelot is not responsible for any errors or omissions in such material. The terms used in the headings are further explained in Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading that is stated to represent a qualified opinion.
The copyright in all images, illustrations and written material produced by or for Kamelot relating to a lot including the contents of this catalogue, is and shall remain at all times the property of Kamelot and shall not be used by the buyer, nor by anyone else, without our prior written consent. Kamelot and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
The rights and obligation of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. 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 Kamelot, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.
Notices and Explanation of Cataloguing Practices
Artwork is subject to the guarantees and conditions contained in this catalog.
Condition reports are provided as a service to interested clients. Prospective buyers should note that descriptions of property are not warranties and that each lot is sold "as is."
FOR PICTURES, DRAWINGS, PRINTS AND MINIATURES
1. Henry Bayley Snell
In Kamelot's opinion a work by the artist.
2. Attributed to Henry Bayley Snell*
In Kamelot's qualified opinion a work of the period of the artist which may be in whole or part the work of the artist.
3. Circle of Henry Bayley Snell*
In Kamelot's qualified opinion a work of the period of the artist and closely related in his style.
4. Studio of
Workshop of Henry Bayley Snell*
In Kamelot's qualified opinion a work possibly executed under the supervision of the artist.
5. School of Henry Bayley Snell*
In Kamelot's qualified opinion a work by a pupil or follower of the artist.
6. Manner of Henry Bayley Snell*
In Kamelot's qualified opinion a work in the style of the artist, possibly of a later period.
7. After Henry Bayley Snell*
In Kamelot?s qualified opinion a copy of the work of the artist.
8. 'signed'
Has a signature which in Kamelot's qualified opinion is the signature of the artist.
9. 'bears signature'
Has a signature which in Kamelot's qualified opinion might be the signature of the artist.
10. 'dated'
Is so dated and in Kamelot's qualified opinion was executed at about that date.
11. 'bears date'
Is so dated and in Kamelot's qualified opinion may have been executed at about that date.
Payment
You can bid before the auction through auctionzip.com, as phone bid caller, Absentee Bid or in person on the day of the auction in our Gallery. Standard Terms and Conditions of Sale All property offered and sold through Bruce Kodner Galleries, Inc. ("Auctioneer", or "Broker", or the "Company") shall be offered and sold on the terms and conditions set forth in these Conditions of Sale. By participating in any sale, you acknowledge that you are bound by these terms and conditions. 1. Bruce Kodner Galleries, Inc. has made every effort to catalogue and describe accurately property to be sold. The Company, however, assumes no risk, liability or responsibility for the identification or authenticity or authorship, or weight, count, or measure of any property identified in its catalogue or lists of sale. This shall include, among others, the identity of the creator, the period, culture, source of origin, as the case may be, with which the creation of any property is identified in any publication. 2. ALL PROPERTY IS SOLD "AS IS". THE CONSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY PROPERTY OFFERED FOR SALE, SINCE THE AUCTIONEER IS ACTING SOLELY AS AN AUCTION BROKER, AND, UNLESS OTHERWISE STATED, DOES NOT OWN THE PROPERTY OFFERED FOR SALE. THEREFORE, THE AUCTIONEER MAKES NO WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY. In no event shall it be responsible for the correctness, nor deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property and no statement by anyone or in the catalogue, in any advertisement, or which is made at the sale, in the bill of sale or invoice, or elsewhere, shall be deemed such a warranty or representation or an assumption of liability. Without in any way waiving the foregoing, any complaint regarding authenticity, genuineness, attribution or provenance shall be made within fourteen (7) days of the day of sale or such complaint shall be waived. All bidders acknowledge their right to have made or requested full inspection of any and all properties prior to sale and agree to be charged with all matters such inspection may have disclosed or indicated. Inspection on the day of sale will be permitted only upon prearrangement with the COMPANY. 3. Bruce Kodner Galleries, Inc. reserves the right to withdraw any property at any time before the fall of the hammer in its sole and exclusive discretion. 4. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. Bruce Kodner Galleries, Inc. reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots. 5. The highest bidder 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 resell the article in dispute. If any dispute arises after sale, the Company's sale record shall be conclusive in all respects. 6. Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within seven (7) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after seven (7) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash (In House Only), money order, merchant Visa/MC, certified check or similar bank draft, or any other method approved by the Company to include PayPal. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale. 8. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds therefrom other than the broker's Commissions, and all sales are subject to any such interest. 9. No "buy" bids shall be accepted at any time for any purpose. 10. Any pre-sale bids must be left in writing with the Company via our website or by fax prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid. 11. A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 18.0% for of the successful bid price. 12. Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state. All statements made the date of auction take precedence over all written materials or advertisements. Any changes to the above will be posted on our website for internet bidders. NO INTERNATIONAL SHIPPING ON IVORY, OR TO CALIFORNIA.
