Musing Antiques LLC's Terms & Conditions
Conditions / Terms of sale - Buying at Musing Antiques LLC
These Conditions of Sale and the Notices & Explanation of Cataloguing Practices contain all of the terms on which Musing Antiques LLC, (also referred to as "the Auction House" "we" "us" or "our"), and the seller contract with the buyer regarding the Musing Antiques LLC's auction experience. They may be amended, in the sole discretion of Musing Antiques LLC, by posted notices or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms, so please read them carefully before doing so.
All items sold AS IS, WHERE IS and all sales are final. All lots are sold with no guarantees of any kind, with all faults, imperfections and errors of description, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Musing Antiques LLC is not responsible for genuineness or authenticity of any lot. Catalog descriptions are provided as a courtesy and are made to the best of our ability. No warranty whatsoever is given by Musing Antiques LLC. No credits or refunds shall be given. Musing Antiques LLC has full discretion to refuse any bidding, to divide any lot, to combine any two or more lots and to withdraw any lot from the sale without giving reason(s).
BEFORE THE SALE
Buyers are solely responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
Examination of Property - Prospective buyers are solely responsible for satisfying themselves concerning the authenticity, condition of the item and the description in the lots in which they may be interested. Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place. If a bidder is unable to view and inspect an item in person, they are responsible for requesting /obtaining a condition report and / or additional photographs prior to bidding to determine an article's condition, size, and any other pertinent information. We strive to be fair and forthright with our descriptions and condition reports, however, bidders must understand, and hereby acknowledge, that antique items often show normal signs of use and wear, which might not be specified in a condition report. It is advisable and recommended that you inspect items in person, as your definition of condition may be more exacting than a specialist could have time to verify.
Condition - The condition of lots in our auctions will vary depending on factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots means that only in rare cases will they be in perfect condition. Lots are always sold in "AS IS" condition at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Musing Antiques LLC.
Condition Reports & Photos - Condition reports are provided as a courtesy to interested clients to assist clients in performing inspection of the property. Prospective buyers should note, and hereby acknowledge, that descriptions of property are not warranties and that each lot is sold "AS IS" and all sales are final. Our specialists will respond to condition report requests as quickly as reasonably possible, however, please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. Musing Antiques LLC reserves the right to reject condition report / additional photograph requests for any reason. A condition report will not amount to a full description of condition and any photos provided may not show an item clearly. The photos of an item may not correctly reflect the colors and shades of a lot and the pictures may look different printed or on different monitor screens than they look on physical inspection. Musing Antiques LLC is not liable for any errors in the operation or quality of the image presented. Condition reports is for our bidders' convenience and are for guidance only. They provide our opinion but may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restores or conservators. For this reason a condition report is in no way an alternative to personally examining the lot or having a professional do so for you.
Catalogue and Other Descriptions - All statements by Musing Antiques LLC, its officers, and its staff in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion only and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for informational and guidance purposes only. The absence of such a reference does not imply that an item is free from damage, defects, or restoration, nor does a reference to a particular defect imply the absence of any others. Unless otherwise stated, all dimensions are approximate and illustrations are for identification purposes only, and cannot be used as precise indicators of size or to convey full information as to the actual conditions of lots. Neither the consignor nor we make any warranty or representation, express or implied, as to whether you will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to any Lot. The Auction House retains all rights to photographs and other intellectual property contained in this catalogue.
Selling Price Estimates - Estimates of the selling price should not be relied upon as a prediction or statement that that is the price at which the item will sell or its value for any other purpose. Price estimates may be revised from time to time by Musing Antiques LLC in our absolute discretion. Neither Musing Antiques LLC nor any of our affiliated companies shall be liable for any difference between the pre-sale estimates for any lot and the actual price achieved at auction or upon resale.
Reserves - In certain instances, lots offered may be subject to a "reserve", which is the confidential minimum price agreed upon by the seller and Musing Antiques LLC below which an auction lot will not be sold. In all instances, unless otherwise indicated by posted or catalogue notices or oral announcements made by Musing Antiques LLC prior to or during the sale, the reserve will not exceed the low estimate printed in the catalogue.
Withdrawal - Musing Antiques LLC reserves the right to withdraw any property before sale and shall have no liability for such withdrawal.
2. DURING THE SALE
Unless the auction is held "online only", Bbidders are welcome to participate in a sale / auction by either attending the auction in person at our Hightstown gallery or via one of the following methods: (i) leaving absentee bids, (ii) reserving a telephone for an auction lot, or (iii) bidding live via the internet through Live Auctioneers or Invaluable. If using Live Auctioneers and/or Invaluable, you, the user of the site, indemnifies and holds Musing Antiques LLC and its consignors harmless against any claim arising out of or resulting from your use of any or all of the site, including all losses, damages, liabilities and all fees (including attorney's fees), costs, and expenses incurred in the connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Musing Antiques LLC and its consigners be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, the site. Musing Antiques LLC and the auctioneer have the right, at their complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
Absentee Bids - As a convenience to bidders who cannot attend the auction in person, Musing Antiques LLC may, if so instructed by the bidder, execute written absentee bids on a bidder's behalf, in accordance with the terms and conditions of this agreement. Musing Antiques LLC requires all absentee bids be submitted by no later than 7:00 p.m. on the business day prior to the auction. You must clearly indicate the maximum amount you intend to bid, excluding the premium and any taxes or charges. All absentee bidding is handled as though you are in attendance. Musing Antiques LLC will purchase all designated lots for you one bidding increment above where competition stops. Absentee bidding is a convenience offered to our customers and, while we will exercise reasonable effort to execute your instructions, Musing Antiques LLC is not liable or responsible for any errors or failure to do so. Bidding increments are as follows:
From To Increment
$0 $499 $25.00
$500 $999 $50.00
$1,000 $1,999 $100.00
$2,000 $4,999 $200.00
$5,000 $9,999 $250.00
$10,000 $19,999 $1,000.00
$20,000 $49,999 $2,000.00
$50,000 $100,000 $5,000.00
$100,000 & above $10,000.00
All bidders should check and must comply with these increments. In case of failure to comply, we will increase each off-increment bid to the next higher figure.
Internet Bids via Live Auctioneers & Invaluable - You may also bid online via our third party online auction service providers. Currently, Musing Antiques LLC uses Live Auctioneers and Invaluable as its third party online auction service providers. You may access this online bidding option at URL's www.liveauctioneers.com and www.invaluable.com. Note that, as third party service providers, use of the such online bidding is subject to third party terms and conditions of service, which may be different than these Conditions of Sale. While Musing Antiques LLC attempts to work with reputable service providers, Musing Antiques LLC is not responsible for and has no control over the terms and conditions of its third party service providers. Use of Internet bidding through such third party sites is solely at your own risk. We encourage you to review such third party service providers' terms and conditions of service carefully prior to registering and using their services. Musing Antiques LLC is not responsible for any equipment failure, inability to access the Internet or software malfunctions related to the execution of online bids. Note also that submitting bids through the Internet via Musing Antiques LLC's third party online auction service providers may add an additional buyer's premium and/or processing fee that will be included in the Purchase Price (as defined below).
Bidding Process - The auctioneer will commence and advance the bidding at levels and in increments set forth above. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are absentee bids for $600 and $800, the lot will not be sold for less than $650 (one increment above the next highest bidder). When making a bid, you are accepting personal liability to pay the Purchase Price, including the premium and all applicable taxes and other charges. The sale will be conducted in U.S. dollars and payment is due in U.S. dollars. If you leave an absentee bid, absentee bids will be executed as if the bidder were present at the auction with the earliest bid received having preference in the event of a tie between absentee bidders. Floor bids and Internet bids will be taken over absentee bids in the event of a tie. Absentee bids are handled in a competitive manner in an attempt to buy the object for less than your top bid. You will pay one bid above the next highest bid, but no more than your maximum. Floor bids, phone bids, internet bids, and absentee bids are all independent operations in an auction. Bids are executed in competition with one another on an alternate basis; therefore, we cannot guarantee which will reach a certain point in the bidding first. You expressly acknowledge and agree that you are not guaranteed an item even if your bid matches the winning bid.
Musing Antiques LLC's Discretion - Musing Antiques LLC has the right at its absolute and sole description to refuse any bid, to advance the bidding in such a manner as it may decide, to withdraw or divide any lot, to combine any tow or more lots and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the biding, to cancel the sale or to re-offer and resell the lot in dispute. If any dispute arises after the sale, Musing Antiques LLC's sale record is conclusive.
Successful Bids & Passing Risks - When bidding is done on a lot and subject to Musing Antiques LLC's discretion, the highest bidder accepted by the auctioneer will the buyer. This creates a legally binding contract for sale between the seller and the buyer for the amount of the bid plus any premium, tax, or other charge. Failure to pay after becoming the winning bidder is a breach of such contract and Musing Antiques LLC and the seller may take action against you as provided in Section 3(d) below. Risk and responsibility for the lot (including frames, glass or marble) passes to the buyer at the end of bidding and acceptance of the highest bid and creates the contract between seller and buyer. Musing Antiques LLC will issue an invoice only to the registered bidder who made the successful highest bid. While we will send out an invoice by mail and/or email after the auction, we do not accept responsibility for telling you whether or not your bid was successful.
3. AFTER THE SALE
Buyer's Premium - The buyer agrees to pay Musing Antiques LLC, in addition to the hammer price of the lot, the buyer's premium and any applicable sales tax, which are added to the total cost of your purchase (together, the 'Purchase Price'). A buyer's premium of 20% will be added to the successful bid price of each lot that you purchase. Third-party bid sites may charge you a fee in addition to the auction house's buyer's premium. Buyers will be required to pay the New Jersey State Sales Tax of 6.625% at the time of payment unless the items are shipped out of New Jersey or the buyer provides Musing Antiques LLC with a valid Tax Exemption Number and fills out an Exemption Certificate (available upon request). This is a New Jersey state law and applies to anyone picking up items, regardless if you live or bid on the items outside of the State of New Jersey.
Payment & Passing of Title - All successful bidders will be sent invoices by mail or e-mail the first business day after the auction. All property shall be paid for by the purchaser within five (5) business days of the sale. Musing Antiques LLC accepts cash (in house only), personal checks, business checks, certified checks, Visa, MasterCard, and money orders. Anyone wishing to use Visa or MasterCard as a form of payment, a 3% charge for the entire Purchase Price will be added. Please note that, for authentication, verification, and guarantee purposes, when registering to bid at auction, Musing Antiques LLC requires buyers to provide a valid credit card number. In the event buyer does not pay for lots won as set forth herein, buyer specifically acknowledges and agrees that Musing Antiques LLC may charge buyer's credit card for the entire Purchase Price on the sixth business day following the auction. Please note our policy regarding payments from international buyers: the only acceptable method of payment for purchases made outside the U.S. is via bank wire/bank transfer. For invoices more than $1,000.00, there is no additional fee for this service. For invoices less than $1,000.00, an additional $25 wire fee will be included in the invoice total. We will forward our bank wiring information/instructions after completion of the auction. Thank you for your understanding and cooperation. Musing Antiques LLC is not obliged to release a lot to the buyer until full payment has been received and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyer?s unconditional obligation to pay the Purchase Price
b. Remedies for non-payment - At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. If the buyer fails to make payment in full in good cleared funds within five (5) business days of the sale as required by Section 3(b) above, Musing Antiques LLC shall be entitled in its sole and absolute discretion to exercise any one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law or in equity):
to charge interest at the U.S. prime rate as set forth in the Wall Street Journal on the day of auction or, if the auction is on a weekend, the business day immediately preceding the auction day, plus 2%;
(ii) to hold the defaulting buyer liable for the total amount due (i.e., the high bid on lot(s) plus buyer's premium plus tax plus charges set forth in Section 3(c) below), and to commence legal proceedings to recover the hammer price, buyer?s premium plus tax for any/all lots, together with interest and the costs of such proceedings, including attorneys fees and costs to the fullest extent permitted under applicable law;
(iii) to cancel the sale and re-list or resell any/all lots at auction, with the buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;
(iv) set off the outstanding amount remaining unpaid by the buyer against any amounts which we or any of our affiliated companies may owe the buyer in any other transactions;
(v) to not allow any bids at any upcoming auction by or on behalf of the buyer; and/or
(vi) to take other action as we find necessary or appropriate. In addition, a defaulting buyer will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser.
c. Pickups - Normal pickup hours are Monday - Friday 10:00am - 4:00pm. All purchases must be removed within 15 business days after an auction. All property must be paid for and removed from Musing Antiques LLC within 15 business days of the auction unless special arrangements are agreed. Storage fees are charged beginning on day 16. The storage fee must be paid prior to release of the product.
Storage fees are as follows:
Smalls ($1.00 per day, per lot):
Decorative arts
Fine arts
Jewelry
Medium ($2.00 per day, per item):
Benches & stools
Carpets
Carvings
Chandeliers
Coffee, nesting, & end tables
Dining chairs (1-2)
Floor lamps
Mirrors
Pedestals
Sconces
Large ($4.00 per day, per item):
Beds & daybeds
Commodes
Console Tables
Desks
Dining Chairs (3-6)
Lounge & Club chair
Vitrines
Extra Large ($6.00 per day per item):
Armoires
Cabinets
Dining Chairs (7+)
Dining room tables
Garden/Architectural
Settees, couches, & sofas
Sideboards & servers
Buyers and/or their shippers must pack / wrap and load their items. The week following the sale, Musing Antiques LLC can help buyers / shippers with their purchases. If items are picked up after the first week, please be aware that help may not be available to assist buyers/shippers with their purchases. Musing Antiques LLC has no liability for damage to property left on its premises or off-site storage facility prior to pick up by the buyer. Property that has been paid for but remains unclaimed for more than 120 may revert to Musing Antiques LLC in accordance with New Jersey state law.
d. Shipping - As the buyer, you are responsible for pick up or delivery / shipment. Shipping arrangements are the buyer's responsibility and expense. Shipping costs are never included in the sale of our items! The buyer is responsible for all shipping charges including insurance. If needed, a list of shippers is available from Musing Antiques LLC.
Smaller Items: On smaller items and if mentioned in the auction listing that in house shipping is available, Musing Antiques LLC will gladly provide the buyer with a quote for the shipping cost. The Buyer agrees that Musing Antiques LLC is not responsible for damage or breakage which may occur during packing and handling and shipping by Musing Antiques LLC or of other carriers or packers of purchased lots, whether or not recommended by Musing Antiques LLC. Packing and handling of purchased lots is at the entire risk of the buyer. In the case of fragile items, Musing Antiques LLC in their sole discretion may decline to package the items. Shipping costs are never included in the sale of our items! The buyer is responsible for all shipping charges including insurance. Musing Antiques LLC does not accept responsibility or liability for the acts of the shippers or their omissions (i.e. Delayed delivery of goods, damage, etc.). It is the buyers' responsibility to follow up with the shipping company in regards to estimated delivery time and all other inquiries! If the good(s) purchased were damaged during shipping, the buyer needs to contact and deal with the shipper directly to resolve this matter. Musing Antiques LLC will not be responsible for any losses incurred, including but not limited to the loss of value to the item. If your item arrives damaged, you must keep all packaging materials. Notify the auction house immediately. Take photographs of the damage to the box as well as the item. It is the buyers responsibility to file a claim with the shipping company and a representative from the shipping company may make an appointment to come and inspect the damage and begin the claim process.
Freight: Freight is for furniture, fine art, bulky or odd shaped items that exceed allowable dimensions or weight restrictions of UPS, Fed Ex and similar carriers. Musing Antiques LLC can provide assistance in arranging for delivery by freight. Depending on the location, we can recommend a variety of third party shippers. We will also work with the freight company of your choosing.
Please keep in mind that delivery of these types of items can be an expensive proposition. We urge you to consider this before bidding, as it is your responsibility to pay for all deliveries. We highly recommend getting quotes during preview week so you can consider the shipping costs before bidding.
We also highly recommend insuring your items for their full value during shipping. If you choose to do without the insurance coverage, we require a signed waiver from you stating that you accept full liability for any damage that may occur in shipment. Under no circumstances will Musing Antiques LLC be held responsible for items entrusted to a third party shipper.
If you have any other questions about how to take possession of your property, please call us at (609) 240-4138 or send an e-mail to dimitri@musingantiques.com.
When the buyer has decided on how they will be shipping their purchased item(s), Musing Antiques LLC will email them an Out of State Delivery and Authorized Shipping Release form releasing Musing Antiques from any and all liabilities. It is the buyers responsibility to sign this form and email it back to us before the item(s) can be released for shipping.
e. Export license - Before bidding for any property, prospective buyers are advised to make their own inquiries as to whether a license is required to export a lot from the United States or to import it into another country. Prospective buyers are advised that some countries prohibit the import of property made of or incorporating certain wood, plant, and/or animal material, such as coral, crocodile, ivory, whalebone, Brazilian rosewood, rhinoceros horn, or tortoiseshell, irrespective of age, percentage, or value. Accordingly, prior to bidding, prospective buyers considering export of purchased lots should familiarize themselves with relevant export and import regulations of the countries concerned. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import, and endangered species licenses or permits. Failure to obtain a license or permit or delay in so doing will not justify the cancellation of the sale or any delay in making full payment for the lot(s). Unless otherwise agreed to by Musing Antiques LLC in writing, the fact that a buyer wishes or may intend to apply for an export license does not affect his or her obligation to make payment immediately upon receipt of Musing Antiques LLC's post-auction invoice, nor Musing Antiques LLC's right to charge interest and/or storage charges for late payment as set forth herein as well as in accordance with the laws of New Jersey. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer in circumstances where an export license is required.
4. INDEMNIFICATION
Your Indemnification Obligation - You agree to indemnify, defend, and hold harmless Musing Antiques LLC and its officers, employees, agents, sellers, and representatives from and against any claims, losses, damages, liabilities, and all fees (including attorneys' fees), costs, and expenses (each, a "Claim") arising out of or resulting from (i) your use of or participation in any or all of the Musing Antiques LLC's auction experience, including use of the Musing Antiques LLC's website, telephone lines, etc.; or (ii) any breach of the terms and conditions of these Conditions of Sale.
Procedure - Upon being notified of a Claim, Musing Antiques LLC shall, as promptly as reasonably possible, (a) give you written notice of the Claim; (b) grant you sole control of the defense and settlement of the Claim, provided that you cannot settle the Claim without fully releasing Musing Antiques LLC or without Musing Antiques LLC's prior written consent; and (c) provide you with reasonable assistance, at your expense.
5. BUYER'S WARRANTY
By participating in the auction, whether in person, by absentee bid, on the telephone, or online, each prospective buyer represents and warrants that (i) any bids placed by such person, or on such person's behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law, (ii) if he or she is the successful bidder on an item, he or she will promptly and timely pay the full Purchase Price for that item.
6. LIMITED WARRANTY
Except as set forth in this Section 6, neither Musing Antiques LLC nor the seller is responsible in any way for errors and omissions in the catalogue or any supplemental material.
(a) Limited Warranty - Musing Antiques LLC offers a 30-day limited warranty as described below in this Section 6 for items sold through its auction. It is the buyer's responsibility to make payment for property in a timely fashion such that the property can be released and inspected within this 30-day limited warranty time frame. Should the buyer not do so, or should the buyer request Musing Antiques LLC to delay shipment, should buyer give an incorrect shipping address, or be unavailable to receive shipment, the 30-day warranty period shall still apply and begin to run on the day immediately following the auction date (hereinafter, such start date for the warranty, whether the action date or the day immediately following the auction date shall be referred to as the "Warranty Start Date"). Subject to the terms and conditions of this Section, Musing Antiques LLC warrants for a period of 30 days from the Warranty Start Date that any fine or decorative works of art described in the auction catalogue (as such description may be amended by any salesroom and/or catalogue notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery as follows:
Fine and decorative works of art are subject to the following guarantees and conditions:
1. Francois-Etienne Musin
In Musing Antiques LLC's opinion a work by the artist.
2. Attributed to Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a work of the period of the artist which may be in whole or part the work of the artist.
3. Circle of Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a work of the period of the artist and closely related in his style.
4. Studio of Workshop of Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a work possibly executed under the supervision of the artist.
5. School of Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a work by a pupil or follower of the artist.
6. Manner of Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a work in the style of the artist, possibly of a later period.
7. After Francois-Etienne Musin*
In Musing Antiques LLC's qualified opinion a copy of the work of the artist.
8. 'signed'
Has a signature which in Musing Antiques LLC's qualified opinion is the signature of the artist.
9. 'bears signature'
Has a signature which in Musing Antiques LLC's qualified opinion might be the signature of the artist.
10. 'dated'
Is so dated and in Musing Antiques LLC's qualified opinion was executed at about that date.
11. 'bears date'
Is so dated and in Musing Antiques LLC's qualified opinion may have been executed at about that date.
*This term and its definition are a qualified statement as to authorship. While the use of this term is based upon careful study and represents the opinion of experts, Musing Antiques LLC and the consignor assume no risk, liability, and/or responsibility for the authenticity of authorship of any lot in this catalogue described by this term. Within the 30-day limited warranty period, Musing Antiques LLC will allow the buyer to submit, at his/her own expense, an opinion in writing from a recognized expert, approved by both Musing Antiques LLC and the buyer beforehand, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email, verbal, or other written or oral description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and, as a result of the limited warranty above, the buyer's full purchase price will be refunded. Musing Antiques LLC has no obligation to accept any work that is returned in worse condition than when it was sold to buyer. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. The term "author" or "authorship" refers to the creator of the property or to the period, culture, source, or origin, as the case may be, with which the creation of such property is identified in the description of the property in the relevant catalogue.
(b) Exclusions - This warranty does not apply to any heading that is stated to represent a qualified opinion. Musing Antiques LCC's warranty does not apply to supplemental material, which appears below the heading of each lot, and Musing Antiques LCC is not responsible for any errors or omissions in such material.
(c) DISCLAIMER OF WARRANTIES -
Property and Property Descriptions - Except for the Limited Warranty in Section 6(a) and 6(b), above, neither Musing Antiques LLC nor any of our officers, employees, agents, sellers, auctioneers, or representatives are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults, damage, or defects in any lot. Except for the Limited Warranty is Section 6(a) and 6(b), neither Musing Antiques LLC nor any of our officers, employees, agents, sellers, auctioneers, or representatives makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue, or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature, or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation, or assumption of liability.
Copyright - Musing Antiques LLC and its sellers make no warranty or representation, express or implied, that the buyer will acquire any copyright or reproduction rights to any lot sold. Musing Antiques LLC expressly reserves the right to reproduce any image of the lots sold in the catalogue. The copyright in all images, illustrations and written material produced by or for Musing Antiques LLC relating to any auction lot, including the contents of Musing Antiques LLC's auction catalogues, is and shall remain at all times the property of Musing Antiques LLC and shall not be used by the buyer, nor by anyone else, without our prior written consent.
General - Except as stated in this Section 6, neither the seller, Musing Antiques LLC, our officers, employees, agents, auctioneers, or representatives, give any representation, warranty, or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any (and all) warranty of any kind whatsoever is specifically excluded by this section.
7. LIMIT ON LIABILITY -
LIMIT ON TYPE OF DAMAGES - IN NO EVENT SHALL MUSING ANTIQUES LLC OR ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS HAVE ANY LIABILITY FOR ANY LOSS OF PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT MUSING ANTIQUES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMIT ON AMOUNT OF DAMAGES - IN NO EVENT SHALL MUSING ANTIQUES LLC OR ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE CONDITIONS OF SALE, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO MUSING ANTIQUES LLC BY THE RELEVANT BUYER FOR ITEMS PURCHASED BY THAT BUYER DURING THE PRECEDING TWELVE MONTH PERIOD.
8. MISCELLANEOUS -
Entire Agreement - These Conditions of Sale, as may be modified pursuant to Section 9(e) below, set out the entire agreement between Musing Antiques LLC, seller, and buyer with respect to the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements.
Assignment - Neither party may assign these Conditions of Sale without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed.
Severability; Waiver - If any part of these Conditions of Sale is found by any court to be invalid, illegal, or unenforceable, that part shall be discounted and the rest of the terms and conditions shall continue to be valid and remain in full force and effect to the fullest extent permitted by law. No failure by any party to exercise, nor any delay in exercising, any right or remedy under these Conditions of Sale shall act as a waiver or release thereof in whole or in part.
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 and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Musing Antiques LLC, to the exclusive jurisdiction of the courts of that country, state, county, or province, and (if applicable) of the federal courts sitting in such state.
Modification - Any and all of the terms and conditions may be waived or modified in the sole discretion of Musing Antiques LLC.
All dimensions are approximate.
Bidders / Buyers are responsible for satisfying themselves concerning the authenticity, condition of the item and the description in the listing. Before bidding and/or buying, the buyers signify that they have either closely examined the item(s) for sale personally, have chosen not to examine them, or have hired an independent agent to examine the item(s) for them. All items are sold in "as is" condition and all sales are final!
All chandeliers & light fixtures purchased from Musing Antiques LLC should be installed and checked by a licensed electrician to verify adequacy of wiring, sockets and chain to be used for hanging fixture.
Musing Antiques LLC has the right at its absolute and sole discretion to refuse any bid, cancel any existing bid, withdraw any item for sale, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder / buyer, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. All items offered by Musing Antiques LLC remain for sale until the buyer has paid for the item.
