Terms and Conditions
TERMS & CONDITIONS
1. Prior to sale, all bidders must register with Kodner Galleries or online to participate in live bidding. First time bidders must call the auction house 954-925-2550 or email info@kodner.com for further information.
2. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs.
3. All information in the catalogue concerning authenticity is guaranteed for a period of thirty (30) days from the date of sale. Within that time, prior to payment to the consignor of the work, the buyer may submit, at his own expense, an opinion in writing from a recognized expert on the work at issue regarding authenticity. 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 the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this thirty (30) day time frame.
• This warranty does not cover any item description that states "As Is".
• This warranty does not cover any typographical errors.
• This warranty does not cover wear on furniture. This warranty does not cover flakes, surface scratches, or manufacturing flaws in glass or ceramics.
• No warranty is made regarding the condition of artwork frames.
• No warranty is made regarding the working condition of watches, clocks, electronic or mechanical devices of any sort or that any such item is in working condition or without defects, restorations, or working parts.
• All measurements are approximate. The Gallery makes no warranties, express or implied, as to the merchantability or fitness for any purpose except as otherwise expressly stated in these Terms and Conditions.
• The absence of any statement as to condition does not imply the lot is in good condition or otherwise free of wear, defect or effects of ageing. No statement whether written or oral, made in the catalog, advertisement, invoice, gallery posting, announcement or comment by the auctioneer, or otherwise, shall be deemed to create any warranty or assumption of liability except as expressly stated herein.
• Kodner Galleries, Inc. makes no warranty that a buyer acquires any copyright, trademark or reproduction rights as to any lot purchased. Kodner Galleries, Inc. reserves the rights to reproduce any image of any lot sold at auction.
• Except as stated herein regarding written authenticity Kodner Galleries, does not accept return of items purchased at auction.
4. A premium equal to 26% of the successful bid price will be added thereto and is payable by the purchaser as part of the total purchase price. 21% is charged by the auction house plus an additional 5% charged by Invaluable/AuctionZip for bidding through the Live Auction console.
5. The State of Florida Sales Tax (6%) is computed on this total purchase price. The purchaser will be required to pay Florida Sales Tax unless exempted through possession of a valid State of Florida Sales Tax number on file.
Please Note: The State of Florida has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction.
6. The Auctioneer reserves the right to withdraw any property at any time before actual sale.
7. Unless otherwise announced by the Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue. The Auctioneer reserves the right to reject a bid from any bidder. The highest bid acknowledged by the Auctioneer shall be the purchaser. In the event of any dispute between bidders, the Auctioneer shall have the sole and final discretion either to determine the successful bidder, or to re-offer and re-sell the article in dispute. If the Auctioneer determines that any opening bid is not commensurate with the value of the article offered, he may reject the bid; and if, having acknowledged an opening bid he decides that any advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to acknowledge an auction floor bid before acknowledging an internet and/or phone bid regardless of the maximum bid amount provided by the bidder before and/or during the auction.
8. On the fall of the Auctioneer's hammer, title to the offered lot passes to the highest bidder who thereupon will pay the full purchase price therefore or such part as the Auctioneer may require. All property shall be removed by the purchaser at his expense on the day of sale and, if not so removed, may be sent by the Auctioneer to a public warehouse for the account, risk and expense of the purchaser. Any damage to or loss of any item purchased which is left with the Auctioneer after the day of purchase is the purchaser's sole responsibility. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to the Auctioneer and the Consignor by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) re-sell the property on 3 days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including warehousing, the expenses of both sales, and the Auctioneer's commission at its regular rates and all other charges due hereunder, and incidental charges. No claims shall be allowed after removal of goods and no article shall be re-sold for purchaser at the sale where purchased.
9. Unless the sale is advertised and announced as an unrestricted sale or sale without reserve, Consignors reserve the right to bid through the Auctioneer as agent on their own consignments.
10. The Auctioneer reserves the right to cancel the sale or any portion thereof without prior or further notice, and to announce at any time additional conditions of sale
11. Bidding will constitute full acceptance of the terms and conditions herein. Invoices over $1500 USD must be paid via Wire Transfer, Personal Check or Cashier's Check. Ivory items will only be shipped in the state of Florida. Shipping out of the state of Florida is prohibited. Please read the sections below carefully before sending payment.
12. Payment can be made in the form of Visa with proper Documentation, MasterCard with proper Documentation, Cash (in house only), Personal Check, Cashier's Check, or Money Order. Invoices over $1500 USD must be paid via Wire Transfer, Personal Check or Cashier's Check. Our postal mailing address is: Kodner Galleries P.O. Box 386 Dania Beach, FL. 33004. email address Invoicing@kodner.com . Payment must be received within 5 Business days following the auction and no later than 7 Business days to avoid receiving an unpaid item strike. we (Kodner Galleries, Inc.) reserve the right to void the sale of the item(s) to that bidder, and make the item(s) available for sale to the under bidder. In addition, any non-paying bidder will be prohibited from registering for any future auction that is held by Kodner Galleries, Inc. For auction floor bidders, if any item(s) remain unpaid after 10 business days without prior agreement by Kodner Galleries, Inc. management, said item(s) will be relinquished by the bidder and the bidder will be prohibited from registering for any future auctions held by Kodner Galleries, Inc. We also accept payment via bank wire transfer. Our banking information is as follows: Bank of America 401 E. Las Olas Blvd. 21st Floor, Ft. Lauderdale, FL. 33301 For Domestic Wire Transfers use - ABA 063000047 ACCT# 008981724012 For International Wire Transfers use - SWIFT BOFAUS3N ABA 026009593 ACCT# 008981724012 Please also include the $25.00 wire transfer fee.
13. Shipping: Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to twenty (20) business days for said shipment to leave our (Kodner Galleries, Inc.) auction house. For time sensitive shipments, we (Kodner Galleries, Inc.) will expedite payment processing and shipping for a nominal fee. Items paid for by personal check are subject to a ten (10) business day hold for funds clearance. All domestic mainland items are shipped via UPS ground unless otherwise specified or requested by the customer. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to twenty (20) business days for said shipment to leave our (Kodner Galleries, Inc.) auction house. For time sensitive shipments, we (Kodner Galleries, Inc.) will expedite payment processing and shipping for a nominal fee. Items paid for by personal check are subject to a ten (10) business day hold for funds clearance. All domestic mainland items are shipped via UPS ground unless otherwise specified or requested by the customer. All international shipments are shipped via DHL International Priority. For items that are too large for in-house shipment, a gallery approved vendor will be provided for crate and freight services. For framed artwork, since we (Kodner Galleries, Inc.) sell the item based on being framed and matted prior to being consigned to the gallery, we (Kodner Galleries, Inc.) will not remove any item from the frame and/or matting,. Sometimes there may be damage or alteration to the artwork that is not visible once the art has been framed. However, upon removal from the frame it has been discovered one multiple occasions that there was a flaw hidden from view, causing the item to be returned due to misrepresentation. We (Kodner Galleries, Inc.) will no longer provide frame removal service, nor will we (Kodner Galleries, Inc.) assume responsibility of the artwork's condition if the winning bidder decides to have the art removed from the frame by a third party shipper.
14. Insurance: All items are insured for the full purchase amount less carrier shipping charges, or the maximum amount allowed by the carrier and/or country of destination. However, insurance is not included in the specified shipping amount listed in the item description. Insurance may be purchased at the rate of $1.00(US) per $100.00(US) of insurance coverage. All invoices are sent with insurance already factored into the shipping charge.
15. Storage Fees: Oversize items, including items with "We Will Not Ship" listed in the lot description must be removed from our gallery within 15 Days after the auction, or will be subject to a $10 per lot, per day storage fee, unless other arrangements are made with the gallery.
If you are located in South Florida and would like to pick up your item(s) in person, please feel free to do so. If you would like us to ship instead, please let us know so a new invoice with a shipping charge can be sent.
Condition Statement
The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold "As Is" and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs.
