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 15% (18% for online
bidding) of the final bid price up to and including $1,000,000, plus 10% 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 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.
4 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. If you require absolute certainty in all areas of authenticity,
and the results of your evaluation leave uncertainty in your mind, we recommend
you not bid on the item in question. 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.
5 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.
6 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. If bids for identical amounts are submitted for the
same lot and are the highest bids of the auction, the property will be sold to the
person whose written bid was received and accepted first. All absentee and telephone
bids must be received no later than 5 pm EST, Friday, January 14, 2011.
7 Unless indicated by a box ( ), all lots in this sale are offered subject to a reserve.
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. If any lots
in the catalog are offered without a reserve, such lots will be designated by a ( ).
Estimates are subject to change at any time prior to the offering of each lot.
8 Lots with a (_) symbol indicate that Stephen O'Brien Fine Arts, LLC and/or Copley
Fine Art Auctions, LLC owns the lot in whole or in part or has an economic
interest in the lot equivalent to an ownership interest.
9 The auctioneer reserves the right to reject any bid that, in his opinion, is not
commensurate with the value of the lot. The auctioneer has the sole right to reoffer
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.
10 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.
11 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 - 2,999.99 100
3,000 - 4,999.99 250
5,000 - 9,999.99 500
10,000 - 29,999.99 1,000
30,000 - 49,999.99 2,500
50,000 - 99,999.99 5,000
Over 100,000 10,000
12 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
New York State and local tax of 8.875% unless purchaser provides a valid New
York State resale certificate or copy thereof while registering. Purchases delivered
to New York after the auction will be subject to the applicable New York 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.
13 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.
14 Buyers wishing to pick up items at the sale must do so by 8 pm EST, Monday,
January 17th, 2011. Buyers wishing to pick up items after the auction may do so
only by appointment after January 24, 2011 and as per schedule announced by the
auction house at the conclusion of 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.
15 Shipping is the responsibility of the buyer. 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.
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 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.
18 Any legal disputes arising from this auction shall be governed by and constructed
and enforced in accordance with the laws of the State of New York. The buyer and
any agent for the buyer shall be deemed to have consented to the jurisdiction of
the state courts of, and the federal courts sitting in, the Stet of New York.
