Terms and Conditions
1 Your bidding on items indicates your acceptance of the following Terms
and Conditions of sale by Copley Fine Art Auctions, LLC. These terms are
subject to amendment before or during the sale. Copley Fine Art Auctions,
LLC operates as an agent of the seller only, and is not responsible in any way
in the event the seller or buyer fails to fulfill their respective agreements. In
all instances the auctioneer's interpretation of these conditions is final and
binding on all bidders.
2 All bids are per lot as numbered in the catalog unless otherwise announced
by the auctioneer. The sales price shall consist of the final bid price plus the
buyer's premium, plus any applicable sales tax. A buyer's premium of 20%
(23% for online bidding) of the final bid price up to and including $1,000,000,
plus 15% of the final bid price over $1,000,000, will be applied to each lot
sold, to be paid by the buyer as part of the purchase price.
3 The auctioneer reserves the right to reject any bid that, in his opinion, is not
commensurate with the value of the lot.
4 The auctioneer has the sole right to re-offer a lot and/or settle disputed bids.
The record of sale kept by the auction house will be taken as final in the event
of dispute. Additionally, items may be withdrawn at any time prior to the
offering of each lot.
5 All goods are sold "as is" and all sales are final with no exchanges or refunds.
Copley Fine Art Auctions, LLC and its consignors make no representations
or warranties as to merchantability, fitness for a particular purpose, the
correctness of the catalog or other description of physical condition, quality,
size, medium, importance, rarity, provenance or historical relevance of any
property, and no statement made at the sale, or in the bill of sale, or invoice,
or elsewhere shall be deemed such a warranty or representation or an
assumption of liability. The purchaser assumes complete responsibility for
items at the fall of the hammer.
6 Successful bidders are to pay for their purchases during or immediately after
the sale or upon receipt of an invoice, unless other arrangements have been
authorized in writing by the auction house. Payment may be made by cash
or good check payable to Copley Fine Art Auctions, LLC. The auction house
reserves the right to hold property until checks clear. A monthly service charge
of 1.5% will be added to unpaid balances beginning 30 days after the sale
date. A $50.00 fee will be added for returned checks. If a check fails to clear
after the second deposit, the purchaser will be held responsible for any and all
fees incurred until we have collected good funds. Purchases picked up at the auction will be subject to the South Carolina state and local tax of 8.5%. Buyers claiming exemption from sales tax must have the appropriate documentation on file with Copley Fine Art Auctions, LLC prior to the release of property. Purchases delivered to South Carolina after the auction will be subject to the applicable South Carolina state and local taxes and purchases picked up or delivered to Massachusetts after the sale will be subject to the 6.25% Massachusetts sales tax unless exempted by applicable law.
7 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, Copley Fine Art Auctions, LLC 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.
8 Condition reports are not included in this catalog. It is the responsibility of
prospective bidders to examine lots and decide their level of interest. Neither
the auctioneer, Copley Fine Art Auctions, LLC, nor the consignor is responsible
for the accuracy of any printed or verbal descriptions. Copley Fine Art
Auctions, LLC strongly encourages clients to attend our previews and auctions
so as to best determine condition of lots. Due to the high volume of condition
requests, Copley Fine Art Auctions, LLC reserves the right to reject requests at
its sole discretion. All weights and measurements are approximate. Please be aware that all flat art dimensions are approximate and are rounded to the nearest quarter inch.
9 Some of the lots in this sale carry reserves or minimum selling prices. This is
a confidential figure set by the consignor and the auction house below which
a lot will not be sold. The reserve will not exceed the low estimate, and the
auction house will execute the reserve bids by bidding for the consignor.
Estimates are subject to change at any time prior to the offering of each lot.
10 Absentee and telephone bids will be executed when possible as a convenience
to customers: the auction house will not be held responsible for any errors or
failures to accurately execute bids. All absentee and telephone bids must be
received at least 24 hours before the start of the sale.
11 Buyers wishing to pick up items after the auction at our office may do
so only by appointment starting five days after the sale. We kindly ask that all
items be removed from our warehouse within 30 days of auction end to avoid a
$5 daily storage fee.
12 Shipping is the responsibility of the buyer. Upon request, we will provide a
list of shippers who deliver within the United States and overseas. Once your
payment has cleared, items may be released for shipment. Copley Fine Art
Auctions, LLC shall have no liability for any loss or damage to such items.
Buyers should allow up to four weeks for shipment.
13 Copley Fine Art Auctions, LLC may, at its discretion and at the buyer's request,
package and ship sold items as directed by the purchaser. In such instances
1) the buyer shall prepay all related expenses, and 2) the buyer agrees that
all packaging, handling and shipment is at the sole risk of the purchaser, and
Copley Fine Art Auctions, LLC shall have no liability for any loss or damage to
such items. Buyer should allow four to five weeks for shipment.
14 Some property sold at auction can be subject to laws governing export from
the United States, such as items that include material from some endangered
species. Import restrictions from foreign countries are subject to these same
governing laws. Granting of licensing for import or export of goods from local
authorities is the sole responsibility of the buyer. Denial or delay of licensing
will not constitute delay or cancellation in payment for the total purchase price
of these lots.
15 Bidding increments will normally follow the pattern below, but may vary at the
sole discretion of the auctioneer:
Estimate Increment
To 999.99 50
1,000 - 2,499.99 100
2,500 - 4,999.99 250
5,000 - 9,999.99 500
10,000 - 24,999.99 1,000
25,000 - 49,999.99 2,500
50,000 - 99,999.99 5,000
Over 100,000 at auctioneer's discretion
16 Copley Fine Art Auctions, LLC is the owner of the images of each lot offered
for sale, and may use such images at any time at its sole discretion for
advertising, publicity, and for archival purposes.
17 If you are bidding as an agent for another individual or company, and you
execute a bid on behalf of someone else under your bidder number, then you
are responsible for the settlement of that account.
18 In no event will the liability of Copley Fine Art Auctions, LLC to any purchaser
with respect to any item exceed the purchase price actually paid by such
purchaser for such item.
19 Condition description of wear or gunning wear: Wear or gunning wear may include all types of wear and damage that can be inflicted, and is to be expected, to an object from handling or use in the field. This may include, but is not limited to, paint wear, flaking, dings, scratches, checks, cracks, craquelure, age lines, dents, chips, rubs, blunts, cracked eyes, shot scars, seam separations, popped grain, rust, and discoloration. Please be aware that decoy stands are not included with items purchased.
20 Condition description of as found: The item is sold with any faults and imperfections that may exist. It is the responsibility of the buyer to determine
condition.
21 Any legal disputes arising from this auction shall be settled in the court system
of the Commonwealth of Massachusetts.
