CONDITIONS OF SALE & IMPORTANT NOTICE
BEFORE THE SALE
Examination of property: Prospective buyers are advised to examine any property in which they are interested before the auction takes place. Condition reports are available upon request. All work is sold "as is" and buyers are responsible for satisfying themselves concerning the condition of property and the matters referred to in the catalog entry. Apart from the Warranty and Limited Liability, all statements by New River Fine Art in the catalog entries for property or in condition reports are statements of opinion and are not to be relied upon as fact. Estimates of price should not be relied on as statements that this is the price at which the item will sell or its value for any other purpose. Neither New River Fine Art nor its affiliates are responsible in any way for errors and omissions in the catalog, condition report or supplemental material.
Catalogue and Condition Reports: A complete glossary of terms used in this catalog is available upon request. All dimensions are approximate for unframed art. Framed sizes and descriptions are available upon request. Condition reports for specific lots are available upon request from New River Fine Art. Prospective buyers should note that condition descriptions of property are not warranties and that each lot is sold "as is".
AT THE SALE
Registration Before Bidding: Tickets to attend the auction in person include a $50 donation to Broward Health Foundation and must be purchased in advance. Prospective bidders who wish to bid in the saleroom can register in advance by contacting New River Fine Art at 954-524-2100, via website at www.newriverfineart.com or by registering the day of the auction within 30 minutes of the opening.
Bidding as principal: When making a bid, a bidder is accepting personal liability to pay the purchase price and all applicable taxes, plus other applicable charges, unless it has been explicitly agreed in writing with New River Fine Art before the commencement of the sale that the bidder is acting as agent on behalf of an unidentified third party acceptable to New River Fine Art, and that New River Fine Art will only look to principal for payment.
Absentee / Online and Telephone Bids: Live online bidding is available through Artfact Live. All absentee bids and live online bids placed through Artfact Live are subject to a 3% service charge in addition to the hammer price. New River Fine Art will use reasonable efforts to carry out written bids delivered to New River Fine Art prior to the sale for the convenience of clients who are not present at the auction in person. Online and telephone bidding are for absentee purposes in advance of sale only and will not take place at the time of sale. If we receive bids on a particular lot for identical amounts and at the auction these are the highest bids on the lot, it will be sold to the person whose bid was received first. Execution of Absentee bids is a free service undertaken subject to other commitments and we do not accept liability for failing to execute an absentee bid or for errors and omissions in connection with it.
Reserves: Unless otherwise indicated, all lots offered for sale are 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 catalog. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller and may continue to bid on behalf of the seller up to the reserve.
AFTER THE SALE:
Payment and passing of title: The hammer price is the purchase price of each lot, plus applicable sales tax. No Buyer's Premium will be charged. Buyer must pay the full amount due within 48 hours of end of sale. This applies to buyers wishing to ship or export items. The buyer will not acquire title to the lot until all amounts due from the buyer have been received by New River Fine Art in good cleared funds even in circumstances where we have released the lot to the buyer. All bidders will complete and submit a credit card authorization form that authorizes New River Fine Art to charge the buyer for any and all winning bids should buyer fail to pay within allotted time.
Failure to pay or collect goods: Where purchases are not collected within 15 calendar days from the date of sale, whether or not payment has been made, New River Fine Art shall have the right to transfer the property, at buyer's expense, to a storage facility located in Ft. Lauderdale, FL, and only release the items after payment in full has been made of transportation, administration, handling, storage and insurance together with payment of all other amounts due to us or our affiliates. New River Fine Art reserves the right to resell any item that is not collected within 60 days of sale. Credit will be issued to buyer for purchase price, less storage and all other applicable fees, upon resale of item but not prior to collection of good cleared funds.
Collection of purchases: New River Fine Art shall be entitled to retain all items sold until all amounts due have been received in full in good cleared funds or buyer has satisfied such other terms as we, at our sole discretion, shall require. Subject to this, buyer shall collect purchased lots within 7 days from sale date unless otherwise agreed between New River Fine Art and buyer.
Packing, Handling and Shipping: Hammer price does not include packing, handling or shipping. Should buyer require a purchased item to be shipped, delivered or installed, New River Fine Art will deliver items to Premium Services Florida or other such company as requested in writing by buyer to pack, ship, deliver and/or install purchased items at buyer's expense. Buyer will be billed for these services directly by shipping company. Although New River Fine Art shall use reasonable efforts to take care when handling, packing and shipping a purchased lot, we are not responsible for the acts or omissions of third parties whom we might retain or whom buyers may request to be retained for these purposes.
Important Notices:
New River Fine Art's interest in property for auction: New River Fine Art may offer a lot which it owns in whole, part or may be consigned through a third party.
Lots that include items other than artwork: In some cases, lots may include items other than artwork such as tickets, travel or additional property. In these cases, travel and event dates may be subject to blackout dates and/or itineraries of other parties. New River Fine Art will use best efforts to accommodate requests, but offers no guarantee of specific requests for dates, accommodations or schedules and can not guarantee against cancellation due to outside factors. All travel is for two people, coach air and hotel room and tax only, without incidentals. Should event or trip be cancelled by New River Fine Art or its affiliates, the equivalent of cash value for travel, hotel and/or event tickets will be offered as remuneration. Bidder may not transfer items to other parties and cancellation by Bidder does not qualify for cash reimbursement.
Warranty and Limited Liability: New River Fine Art warrants for a period of five years from the date of sale that any property described in headings printed in Upper Case type in this catalog (and as amended in any saleroom notice or announcement) which is stated without qualification to be the work of a named artist is authentic and not a forgery. Only upper case type headings indicate what is being warranted and does not apply where the catalog description or saleroom notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale. The benefits of the warranty are not assignable and shall apply only to the original buyer. Buyer's sole and exclusive remedy is the cancellation of sale and the refund of the purchase price paid for the lot and does not include consequential damages including, but not limited to, loss of profit or interest. Buyer must give written notice of claim within five years of sale date and Buyer must return the lot to New River Fine Art in the same condition it was purchased.
Copyright: Copyright in all images, illustrations and written material produced by or for New River Fine Art for this catalog shall remain at all times the property of New River Fine Art and/or the attributed Artist. Buyer of property does not acquire any copyright or other reproduction rights.
Severability: If any part of these Important Notices or Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the notices and conditions shall continue to be valid to the fullest extent permitted by law.
Law and Jurisdiction: The rights and obligations 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 by the laws of the State of Florida, County of Broward. By bidding at auction, whether present in person, by agent, by written bid, telephone bid, online bid or other means, the buyer shall be deemed to have submitted, for the benefit of the selling parties, to the exclusive jurisdiction described above.
