Terms of Sale
* Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Outer Cape Auctions below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the estimates listed. Outer Cape Auctions will execute such reserves by bidding for the consignor. In any event, and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
* All property is sold "as is", and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
* Except as provided in paragraph 1 above, the highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have the sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale.
* All merchandise purchased must be paid for and removed from the premises the day of the auction. Outer Cape Auctions may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed by the purchaser within three (3) business days after the date of the sale. Outer Cape Auctions shall have no liability for any damage to property left on its premises for more than three (3) days after the date of sale. At the option of Outer Cape Auctions., the merchandise may be transferred to and stored at a bonded warehouse and the purchaser agrees to pay all transfer and storage expenses. Outer Cape Auctions may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item not paid by the purchaser within thirty (30) days of the date of sale.
* Personal checks will be acceptable only if credit has been established with Outer Cape Auctions or if a bank authorization has been received guaranteeing a personal check. Outer Cape Auctions reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Outer Cape Auctions. a handling charge of $25.00 for any check dishonored by the drawer.
* If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Outer Cape Auctions may exercise all of its rights and remedies under the law including, without limitation (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
* In no event will the liability of Outer Cape Auction to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
* Outer Cape Auctions may, in its discretion and at a purchaser's request, package and ship items as directed by the purchaser. In such an event, purchaser agrees that (a) all such packaging, handling and shipping is at the sole risk of the purchaser and that Outer Cape Auctions shall have no liability for any loss or damage to such items, and (b) purchaser shall pay in advance, all packaging expenses, including labor, materials and postage and carrier fees, and all insurance charges. Allow two to four weeks for shipping.
* All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Exemption numbers from other states are accepted in Massachusetts if presented with a business card or letterhead. Dealers, museums, and other qualifying parties can apply for a Massachusetts exemption number prior to the auction by contacting the Massachusetts Department of Corporations and Taxation at 100 Cambridge Street in Boston.
* A premium equal to 17.00% (seventeen percent) of the final bid price (hammer price) and will be applied to each lot sold, to be paid by the buyer as part of the purchase price. Buyer's Premiums are taxable according to Massachusetts Law. Cash and local or pre-approved checks will be allowed.
* Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale.
* New Term and Condition: Please read. the purchaser of any lot has 3 calendar days from the time and date of receipt of the lot to inspect the lot and if, upon discovery of the lot not being as described by Cape Auctions, return it in it's original form for a refund. Such action must take place within 24 hours of discovery of error and/or omissions. Liability will be accepted by Outer Cape Auctions only if the item is not what was represented in the catalogue and/or at the sale. This could include medium and conditions. Examples would include finding there has been restoration and it was not disclosed or the lot was listed as an etching and it is discovered to be a print. It does not cover dissatisfaction on the buyers part where as discovering it does not go with the purchaser's decor or other such reasons. Any returns must be acknowledged and executed with a maximum of 14 calendar days of the auction.
* In the event the item was purchased by a phone, internet and/or absentee buyer, the buyer has 3 calendar days to visually inspect to their satisfaction that the item received was as portrayed and/or disclosed. Please apply the previous rules and examples. The buyer must immediately contact Outer Cape Auctions and have the lot returned to Outer Cape Auctions with 2 business days of the receipt of the lot.
Massachusetts 6.25% sales tax
If you are a resident of the Commonwealth of Massachusetts, you are by law required to pay sales tax in the amount of 6.25% of the purchase price. The 17% buyer premium, along with the hammer are both considered part of the purchase price so all hammer prices and buyer premiums will be taxed, unless you are exempt.
You are exempt from paying the Massachusetts sales tax if:
You have on file with Outer Cape Auctions before the start of the auction, a fully completed resale form along with your resale number and your signature.
You live outside of the Commonwealth of Massachusetts or purchase(s) will be shipped outside of Massachusetts.
Lot Condition
For all internet/phone and absentee bidders that are not able to view the lot(s) of interest in person, Outer Cape Auctions offers a 72 hour window upon receipt of the work to visually inspect it and accept the purchase. In the event that Outer Cape Auctions has misrepresented the lot you purchased (in regard to Artist, medium, condition of art) then Outer Cape Auctions is fully prepared to refund all monies to you.
There is a time limit on this guarantee offered by Outer Cape Auctions. Due to the fact that all sellers (consignors) are paid 15 calendar days of the auction, it is imperative that if there is going to be a refund, then it must be at least acknowledged and approved by Outer Cape Auctions within the 15 calendar days following the auction. Once the sellers have been paid, it is practically impossible to get those funds returned.
Also be aware that this guarantee of artist, medium, condition are subject to certain conditions:
If the signature by the artist is illegible then this releases Outer Cape Auctions from activating a refund situation.
If you are not pleased with how the art fits in your decor or you are not satisfied with the painting's color, framing or other such reasons, the Refund rule does not apply.
Framing is not included in the condition reports of each lot. Outer Cape Auctions sells art, not frames. In the event the frame included in the lot(s) you purchase are damaged or not to your liking, Outer Cape Auctions will not refund monies under those conditions.
Since items are not removed from under glass when first received, Outer Cape Auctions relies on the knowledge of the seller of the lot(s) in marketing the lots. Unless the auction listing is grossly incorrect, then Outer Cape Auctions is not held liable for such misrepresentations.
In the auction world, it is said in most terms "Buyer Beware, As Is, Where Is" meaning it is up to you, the bidder to inspect each lot you wish to bid on. Since that may be completely impossible for you to attend Provincetown prior to or on the day of the auction, Outer Cape Auctions offers this 72- hour return policy. It is the goal of Outer Cape Auctions to create clients for life, not one auction or another. In that, it is my job to gain your trust. Integrity is everything in the auction world and I truly value that more than most anything else.
This is why you will see multiple images of each lot and close up images of any conditional issues. If you wish to see additional images of any lot(s), then please contact me at your earliest convenience and it will be done for you. When processing the images of each lot, Adobe Photoshop is used and there is (and never will be) any sharpening, enhancing, brightening or other processes to make the image "stand out." The only steps taken on each process is the alignment of the image and cropping out all excess areas of each lot not needed. The end product is then saved and compressed for quick download on your computer. Lighting used in the process is natural light.
Thanks, Terry Catalano, Ma. Auctioneer #2539
