Terms and Conditions
Conditions of Sale
BID PRICE: Each buyer must have an assigned Buyer's Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer's premium of 21% on the bid price of any lot that sells for up to $150,000, plus 15% on any amount between $160,000 and $ 1,000,000, and 10% on any amount over $1,000,000 (for those who bid through the internet, there is a 2% surcharge for ClarsLive or 5% for all other bidding platforms), plus 3) sales tax unless the purchaser is exempt by law from such taxes.
ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
PAYMENT AND PICKUP: The balance of the invoice must be paid in full and merchandise picked up within three days of the date of sale. One week after the auction, left items may be moved to an off-site facility for pickup. A storage fee will be charged if merchandise is left longer than two weeks of $10.00 per lot per day. If the property is left longer than 3 ½ (three and one-half) weeks, it will be considered abandoned. We are not responsible for shipping or packing. A refundable deposit may be required.
Internet purchases are not available for pickup till the following day.
ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11am on the first weekday following the sale to find out if they were successful.
NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.
RISK OF LOSS: In the event delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY; ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.
RIGHT OF RESCISSION: Not withstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, rarity, importance, provenance, exhibition and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
APPLICABLE LAW: These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the State of California as applied to contracts entered into by residents of California and to be performed entirely within the State of California. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the Gallery, bidders, and purchasers) consent irrevocably and exclusively to venue in Alameda County in the State of California.
ATTORNEY'S FEES: In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs.
PAYMENT: Cash, cashier's check, wire transfer, personal check (items may be held until the check clears), and ATM, MasterCard, Discover & VISA accepted, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to re cover its reasonable attorney's fees and costs. Time is of the essence.
DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST?
PLEASE SEE THE CATALOG DESCRIPTION/ All authorship of items in this catalog are described according to the following terms:
• By Maurice Braun: In our opinion, the work is by the artist.
• Attributed to Maurice Braun: In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
• In the manner of Maurice Braun: In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
• After Maurice Braun: In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
• Circle of Maurice Braun: In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
• Follower of Maurice Braun: In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
• American, 19th century: In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
• Bears signature: In our opinion, the signature on the artwork may be spurious.
• Apocryphal: Of doubtful authenticity.
Condition:
We may include a brief note on condition within the catalog description. We do this when the condition problem is serious enough to affect the estimate of the artwork. This does not constitute a complete condition report, nor should it be assumed that artworks cataloged without mention of condition are in perfect condition.
JEWELRY: A buyer's responsibility is to examine any item(s) of potential interest carefully. This applies to all jewelry sold Clars Auction Gallery. Gemstone weights are approximate. A very large majority of gemstones today are subjected to a variety of treatments/enhancements. This includes diamonds and colored stones, the purpose is to improve their appearance color and/or clarity. Treatments such as heat, diffusion, irradiated, HTHP, oiling, resin, bleaching, dying and impregnation are just a few techniques known today. Some treatments are combined, some permanent and others are not. Not all treatments are detectable using standard gemological equipment. Prospective buyers are therefore reminded that unless otherwise noted in the description(s), or condition report, it must be assumed that some form of enhancement may have been used. Regarding Laboratories Reports: only reflect the opinions of the laboratory on that date. Each Laboratory has their own strengths and weaknesses, therefore differing in degrees of grading and/or treatments. Watches must be examined carefully with the assistance of the Clars staff. We give our opinion of function only at the time of cataloging. Although we do attempt to mention in our descriptions significant defects, needed repairs, stones missing, enamel loss etc., we do not guarantee the accuracy or operation of any watch function. Condition reports are available for most pieces upon request. These reports contain more information that were observed during cataloguing, other than the catalog descriptions. Images shown may appear smaller or larger than actual size.
