Terms and Conditions of Sale
Terms and Conditions: 2015 Woodstock Fine Art Auction WAAM & JCG, Saturday, October 17, 2015
The Woodstock Artists Association and Museum (WAAM) acts as agent for various consignors. The WAAM and the James Cox Gallery (JCG) at Woodstock are not acting as agent for the bidder or buyer. The WAAM and JCG have taken care to describe and depict all items fairly and accurately, but takes no responsibility regarding authenticity, condition, or description. All lots may be examined prior to sale at the times and place listed in our promotional advertising and on our website. Descriptions may be altered at any time by notice or announcements.
Bids made in person, by telephone, online, by agents or in written form may be submitted to the auctioneer at least 24 hours prior to the sale. By registering to bid you agree to be bound by all terms and conditions of sale. Bidding on any item indicates acceptance of the following terms:
TERM AND CONDITIONS OF SALE:
1) REGISTRATION: All prospective bidders are required to register in advance of the sale. We may require photo identification, credit card information and or bank references for registration. By bidding at the auction, a buyer assumes responsibility to pay the purchase price bid plus the buyer's premium and any additional charges that become due and payable in connection with the purchase, delivery, packing & shipping, or storage of property. Online bidders must register with online service before bidding. Proper identification will be required. Auctioneer reserves the right to refuse to register any prospective bidder for any reason.
2) BUYER PREMIUMS:
All bidders are subject to a buyer's premium which will be added to the hammer price for each lot sold.
All bidders in attendance will be subject to a 18% buyer's premium.
All auction absentee bidders (bidders leaving order bids) and buyers bidding via telephone will bid subject to the same 18% buyer's premium.
All Live Internet bidders may be subject to an additional service fee which will be posted at the time of registration.
3) PAYMENT: Internet sales must be paid for within five BUSINESS DAYS of the sale or Seller may void sale. Please do not make payment until you have received an official invoice from James Cox Gallery. Acceptable forms of payment include MasterCard and Visa or PayPal sent to pay@jamescoxgallery.com. Buyers who have established accounts with the James Cox Gallery prior to the auction may pay by check, bank check or money order.
Buyers in attendance may make payment in cash, VISA or Master Card or with approved check.
BIDDING:
4) The highest bidder acknowledged by the auctioneer shall be the buyer.
In case of a dispute the auctioneer shall determine the buyer or re-open the bidding process to settle the dispute.
As a convenience to buyers who cannot be present on the day of the sale we will use reasonable efforts to execute, on a competitive basis, bids left with us via phone, fax, in person or the internet, whether by absentee or a live bidding program. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the executing of any such bid.
Online Bidding - Bidding will begin at one half the low estimate on each lot. Online bidding increments for this sale are posted at liveauctioneers.com
In the case of tie bids between an online bidder and a bidder in attendance, the bid from the person in attendance shall win.
5) Once property is sold the buyer assumes all risk of loss or damage to the property. The buyer assumes responsibility for all costs and expenses related to the sale. Ownership passes to the buyer when full payment is received. The James Cox Gallery and the WAAM will hold purchased lots for no more than fifteen days waiting for payment, pick-up, or shipping instructions. Beginning on the sixteenth day a storage fee of five dollars per item per day will be charged and added to the clients invoice.
6) Pre-sale estimates are intended to be rough guides of value and do not necessarily reflect actual value or hammer price. All values are in US dollars.
7) The WAAM and JCG have the right, in their absolute discretion, to determine the conduct of the sale as they see fit. They reserve the right to advance bidding, to reject bids, to combine lots, to split lots, to re-offer and resell lots and to withdraw lots before the actual sale.
8) RESERVES: Reserves are in some cases set by sellers as a confidential minimum that must be met before an actual sale is consummated. Lots with reserves are indicated in the print and on-line catalog. No reserve is higher than the low estimate.
9) The WAAM and JCG reserve the right to withdraw any lot from the sale at their discretion.
10) SALES TAX: All sales are subject to New York state sales tax (in Ulster County 8%) except where/when exempt by law. Proper documentation must be on file before this tax may be waived. International buyers assume responsibility for any additional taxes or fees associated with shipment destinations.
11) SHIPPING: Shipping, packing and insurance are all outsourced (see list of approved shippers) and are services provided at buyer's expense and paid directly to the shipper. Buyers may contract with their own shippers however they must complete auction payment to the James Cox Gallery in full before items are released to shippers. The James Cox Gallery will not obtain multiple quotes or negotiate between shippers on the buyer's behalf. Once a winning bidder has paid he/she must make shipping arrangements or contact one of the preferred shippers directly.
12) All property is sold AS IS. All sales are final. No returns are accepted. Descriptions of size, condition, subjects, dates etc. are made to the best of our knowledge but are opinions only. Images are provided online and in the print catalog, prospective buyers should be aware that these images cannot possibly provide all visual and physical information needed for informed decisions. Bidders are encouraged to examine property in this sale on which they intend to bid, prior to the auction.
13) RECESSION OF SALE: Recession of sale by WAAM and/or James Cox Gallery. If we become aware of an adverse claim by a third party relating to property purchased by the buyer, we may, in our discretion, rescind the sale. The buyer will promptly return the property to us, at which time we refund the hammer price, the buyer's premium and sales tax with respect to the property. This refund will represent the buyer's sole remedy against us and/or the consignor in case of a recession of sale under this paragraph.
NOTE: WE ARE HAPPY TO ANSWER QUESTIONS ABOUT ANY LOT OR AUCTION PROCEDURE. IT IS BEST TO CONTACT US 48 HOURS OR MORE BEFORE THE SALE. 845-679-7608 info@jamescoxgallery.com
