Terms and Conditions of Auction
Terms and Conditions of Auction
1. This auction is conducted under the laws of the State of Newyork.
2. General.
2.1 Services. This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that apply to the use by you of the Sites, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Invaluable, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of Invaluable. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that
you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
2.2 Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and Invaluable. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.
2.3 Additional Agreements. The Services include, among other things, such services as: contacting or placing bids with auction houses by email or through a live bidding console; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices; looking up or searching for artist information including biographies, examples of art work, and other sources of information about the artist; registering to receive email alerts about objects offered at upcoming auctions, and emailing an antique object to a friend. Additional terms and conditions of use applicable to your use of the Services available at the Sites from time to time are or may be posted in relevant areas within the Sites or may be agreed upon by you and Invaluable in a separate written agreement (e.g. Subscription
Agreement; Privacy Policy; auction house conditions of sale; all such additional terms and conditions, "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern your use of those Services or any other services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Sites, or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements. Without limiting any of the foregoing, the following policies and agreements are hereby incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services offered on the Sites: Invaluable Subscription Agreement (http://www.Invaluable.com/agreements/subTerms.cfm) and Invaluable Privacy Policy (http://www.Invaluable.com/agreements/privacy.cfm). In case of any conflict between this Agreement and any Additional Agreements, this Agreement will control.
2.4 Your Account is identified by the email address you provided and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at support@Invaluable.com.
2.5 Covenant Regarding Your Account. You agree that you will not maintain multiple registered accounts with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to support@Invaluable.com, including your primary User Name and your rationale for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arisingfrom or relating thereto.
2.7 Invaluable not involved in auctions/release. We are not involved in actual transactions between users of the Sites or any "External Sites" as defined in section 5.1 below (whether such users are auction houses, appraisers, art or antiques dealers, trade members, curators, educators,
antiques professionals, collectors or other third parties affiliated with Invaluable). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby
release Invaluable from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. There is a 21.5% Buyer's Premium charged on the final hammer price of each lot. An additional 3% (for a total of 24.5%) will be added to lots purchased live through the Internet via invaluable.com or liveauctioneers.com.
4. The Auctioneer reserves the right to reject any bid for any reason. In exceptional cases of clerking errors, third-party bidding platform errors, miscommunication, or other errors beyond the direct control of the auctioneer, the auctioneer reserves the right to withdraw the lot after the hammer has fallen but only before any payment has been accepted.
5. The Auctioneer reserves the right to withdraw any lot for any reason.
6. In the event of duplicate high bids, the earliest bid received will be the winner. (Please note absentee bids left with invaluable.com, liveauctioneers.com, etc., do not reach the auctioneer until the lot opens during the live sale).
7. Some lots may carry a reserve beneath which the item will not be sold. Any reserve will always be at or below the low estimate.
8. AS IS
All lots are sold "AS IS" and without recourse and neither Metropolitan Auction Of Art, INC nor its consignor makes any warranties or representations, express or implied, with respect to such lots, except for the limited warranties expressly stated in the Terms of Guarantee section of this catalogue. Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place, to determine its condition, size, and whether or not it has been repaired or restored.
Except as otherwise expressly and specifically provided in the Terms of Guarantee, neither Metropolitan Auction Of Art, INC nor its consignor 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; nor does a reference to particular defects imply the absence of others. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative.
The Terms of Guarantee are controlling, and no statement, whether written or oral, and whether made in this 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. All statements by Metropolitan Auction Of Art, INC in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Except as stated in the Terms of Guarantee, neither Metropolitan Auction Of Art, INC nor the seller is responsible in any way for errors or omissions in the catalogue or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
Metropolitan Auction Of Art, INC and its consignor make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Metropolitan Auction Of Art, INC. expressly reserves the right to reproduce any image of the lots sold in this catalogue. The copyright in all images, illustrations and written material produced by or for Metropolitan Auction Of Art, INC relating to a lot, including the contents of this catalogue, is, and shall remain at all times, the property of Metropolitan Auction Of Art, INC. and shall not be used by the buyer, nor by anyone else, without our prior written consent.
9. Detailed descriptions of lots and images are available upon request. Bidders are advised that we warrant ONLY printed descriptions and additional information set forth in the addenda and from the auction block.
10. Illustrations of lots in this catalog and our website may have had size and/or contrast modifications for display purposes.
11. Estimated selling prices are for your guidance only. Actual selling prices may be higher or lower than the estimate indicated, although our estimates tend to be accurate.
12. The placing of a bid legally binds the bidder to purchase the lot at or below the bid placed, plus buyer's premium (see item 3). Bids may not be retracted without our approval: those doing so will be banned from future participation and will be reported to the trade. Please think before you bid! You are legally bound once you do so.
13. Absentee Bidding. All bidding is undertaken in a competitive manner. The winning bid will always be one bidding increment over the second highest bid. The minimum acceptable bid for any lot is one-half of the low estimate given in the item description. Bidders may call us at 1-516-858-3176 during office hours, Monday through Friday 10 A.M. - 5:30 P.M. EST, to check the status of their bids. Live bidding: Bids entered during the course of the sale by bidders on the floor, on the phone, or live on the internet will be taken at the amount bid.
14. Payment:
Please note that Metropolitan Auction of Art Inc. must receive payment in full before shippers will be permitted to remove your property from our premises. Kindly disregard sales tax if your purchases will be delivered outside of New York State by an ICC/USDOT licensed shipper. However, please note that you may still be subject to paying sales tax of the area where the delivery is being received.
Payment is expected immediately upon, (but not before) receipt of invoice. Payments may be made via mail, phone, fax, or in person. We accept checks, money orders, Bank Wire direct to our account, Online payment processing, Visa, Mastercard and Discover (CREDIT CARD 3% ADDITONAL TO TOTAL BILL). All accounts are payable to Metropolitan Auction Of Art, INC. Payment must be made in U.S. funds. Wire transfer details are available upon request. Please note that lots purchased are subject to sales taxes where applicable unless a resale number is filed with us prior to the auction.
You can also pay by Visa, Mastercard and Discover (CREDIT CARD 3% ADDITONAL TO TOTAL BILL), up to $5000 USD limit. Items will only be shipped to the Credit Card billing address, which must be provided with the security code on the credit card.
Eligible bidders have the option to pay you directly online via credit card for sales.With ONLINE Payment Processing the bidder cards may be charged 4 days after an invoice has been sent.
PAYMENT IS DUE UPON INVOICING. If invoice is not paid in full within 4 days, Metropolitan Auction Of Art, Inc. may charge my credit card for the total purchase price. Interest will be charged at 4% monthly (48% APR) on payments not received in 8 days of auction. Customer is liable for any legal fees and/or resale charges incurred in the collection of this account. Any legal dispute regarding the collection of this account shall be settled in the Newyork State Court System. By participating in this auction you hereby agree to the terms & conditions of the auction.
Invoices greater than $5,000 require payment by wire transfer, certified check or bank check. Metropolitan Auction Of Art, Inc. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank.
The shipping fee must be paid separately and after the packing as been completed. It cannot be paid together with the item invoice.
15. Shipping
Shipping is the responsibility of the buyer. Upon request, our Client Services Department will provide a list of shippers who deliver to destinations within the United States and overseas. Kindly disregard the sales tax if an I.C.C. licensed shipper will ship your purchases anywhere outside the states of New York, New Jersey or Connecticut.
Domestic shipping (48 states), handling and insurance charges will be added to the invoice.
If International customers are the successful bidder and are unable to attend the auction in person or pick up your item, please contact us for a shipping quote. International customers shipping carrier: DHL, FEDEX and UPS. We will pack and ship your item for you. The costs for shipping include labor at $38 per hour, packing material and cartons, insurance and actual invoiced shipping charges.
Please note that it is upon the Buyer's sole responsibility to comply with all export/import regulations, licenses, and permits relating to the sale. The delay or failure in exporting or delivery of a lot to the Buyer due to failure to secure necessary permits or licenses shall not be recognized as a reason to delay remittance of payments and applicable charges, or cancel a sale. Further, the auction house will not be liable for any unfortunate event of loss or breakage on released parcels; the buyer shall be responsible in making a claim from the insurance company and will not be a reason for payment dispute and refund nor rescission of sale.
We offer reduced shipping for winners of multiple lots. Shipping to certain countries is extremely expensive and will be invoiced according to dimensional weight as required! Please inquire before bidding! Note: Certain items such as ammunition, firearms, large frames, fragil, large, heavy and bulky itmes are not shipped by the auctioneer. Client is responsible to contact us to arrange for shipments for these pieces.
We take care to pack well, and ship in a timely fashion. Buyer pays for stated shipping within the United States, international customers please contact us for a shipping quote. We offer reduced shipping for winners of multiple lots, as follows: buyer pays full shipping amount of the won lot that bears the highest shipping charge, and receives a 30% discount on the stated shipping amount for all other won lots. For example, a winner of three lots with stated shipping charges of $15 $35 and $21.50 will pay $50.50 rather than the full $71.50. All books and other media ship via USPS Media Mail. Typical delivery time within the continental U.S. is 5-10 days. If your order is time sensitive, please contact us for a Priority Mail upgrade. Insurance is available and recommended (please note that by declining insurance, you assume the risk of loss or damage in transit) on shipped packages at a flat rate of $1.00 per $100.00 of coverage for domestic shipments and $2.00 per $100.00 of coverage for all international shipments (please let us know if you are adding insurance to your total). All shipments with a total hammer value of $200.00 or greater will require mandatory insurance coverage and that charge will be added to the shipping amount on the invoices. Please note that insurance coverage is only available for the hammer price plus buyer's premium; insurance coverage is not available for, and therefore does not include, the cost of shipping.
16. Items are guaranteed genuine for a period of twenty-one (21) days of receipt if determined to be not authentic by two independent dealers or authenticators acceptable to both parties to the sale. Any declarations of lack of authenticity by any party must be made in writing.
17. Items may also be returned if the catalog description differs significantly from the item's actual state; such returns must be made within three (3) days of purchaser's receipt of the lot(s). All returned lots must be in the same condition as shipped. All items are in very good condition unless stated otherwise.
18. Any lot containing five or more items is not subject to return for any reason.
19. We do not examine the condition of items contained within frames beyond what is readily visible. Such defects may include, but may not be limited to: mounting, silking, marginal damage, closed tears, "mat burn", etc. That being the case, we are not responsible for such hidden damage. Bidders are further advised that we are selling the autograph, not the frame, and therefore the condition of the frame shall not be considered reason for return. Shipping costs for framed items may vary greatly depending on the size and/or weight of the frame, and at times these charges may be quite substantial. Customers may request us to remove an autograph from its frame to reduce shipping charges. We will accommodate customers in that respect for an additional charge of $10.00 per framed item, but such service will be undertaken at our sole discretion. Metropolitan Auction Of Art, INC. will be responsible for any damage caused to the VISIBLE area of the item as it appears in the frame. We will in no way be responsible for any pre-existing hidden damage or defect, nor will we be responsible for any damage caused by us to any previously hidden portion of the autograph, its mount, or any material matted with the autograph during removal from the frame.
20. Property purchased and paid for by successful bidders but remaining unclaimed after 120 days will be deemed abandoned and title will be ceded to Metropolitan Auction of Art, INC..
21. The placing of a bid shall constitute acceptance of the preceding terms and conditions of sale as well as the Bidding Procedure guidelines posted in this catalog.
Please note that by submitting a bid in this auction you agree to all the Terms and Conditions of Sale as stated in this catalog or website.
22. Metropolitan Auction Of Art, INC. requests shipping/insurance quotes from several shipping companies and, at its discretion, will select the shipping provider it deems fit for the specific delivery. You hereby agree that Metropolitan Auction Of Art, INC. may pass along your contact information to shipping partners in order to communicate drop-off locations, dates, times, and any other questions a shipper may have with respect to a product that is being shipped to you. In the event that you have any shipping/insurance preferences, please contact Metropolitan Auction Of Art, INC. and it will use reasonable efforts to accommodate your shipping request. Notwithstanding anything above, Metropolitan Auction Of Art, INC. in its sole discretion, shall be the final deciding party regarding any and all shipping/insurance arrangements.
General.
2. General.
2.1 Services. This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that applyto the use by you of the Sites, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Invaluable, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of Invaluable. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that
you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
2.2 Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and Invaluable. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.
2.3 Additional Agreements. The Services include, among other things, such services as: contacting or placing bids with auction houses by email or through a live bidding console; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices; looking up or searching for artist information including biographies, examples of art work, and other sources of information about the artist; registering to receive email alerts about objects offered at upcoming auctions, and emailing an antique object to a friend. Additional terms and conditions of use applicable to your use of the Services available at the Sites from time to time are or may be posted in relevant areas within the Sites or may be agreed upon by you and Invaluable in a separate written agreement (e.g. Subscription
Agreement; Privacy Policy; auction house conditions of sale; all such additional terms and conditions, "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern your use of those Services or any other services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Sites, or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements. Without limiting any of the foregoing, the following policies and agreements are hereby incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services offered on the Sites: Invaluable Subscription Agreement (http://www.Invaluable.com/agreements/subTerms.cfm) and Invaluable Privacy Policy (http://www.Invaluable.com/agreements/privacy.cfm). In case of any conflict between this Agreement and any Additional Agreements, this Agreement will control.
2.4 Your Account is identified by the email address you provided and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at support@Invaluable.com.
2.5 Covenant Regarding Your Account. You agree that you will not maintain multiple registered accounts with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to support@Invaluable.com, including your primary User Name and your rationale for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arisingfrom or relating thereto.
2.7 Invaluable not involved in auctions/release. We are not involved in actual transactions between users of the Sites or any "External Sites" as defined in section 5.1 below (whether such users are auction houses, appraisers, art or antiques dealers, trade members, curators, educators,
antiques professionals, collectors or other third parties affiliated with Invaluable). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby
release Invaluable from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
