Conditions of Sale
These Conditions of Sale constitute A.B. Levy?s (herein referred
to as A.B.L?s) and the Consignor?s (Seller?s) entire agreement
with purchasers with respect to all property offered for sale
by A.B.L?s in its catalogues. These Conditions of Sale are the
complete and only terms and conditions on which all property
is offered for sale.
1. All Property is sold ?AS IS.? Neither A.B.L?s nor the Consignor
makes any guarantees, warranties or representations, expressed
or implied, with respect to the description, authorship,
authenticity, quality, merchantability, fitness, value, physical
condition, size, rarity, importance, provenance, exhibitions,
literature or historical relevance of any property offered for sale
or the correctness or accuracy of any catalogue description
provided by A.B.L?s. No statement anywhere, whether oral
or written, shall be deemed such a guarantee, warranty
or representation. Prospective bidders should inspect the
property before bidding to determine anything that may be of
significance to them, including, without limitation, the property?s
condition, size, authenticity, value and whether or not it has
been repaired or restored. A.B.L?s and the Consignor make
no representation or warranty as to whether the purchaser
acquires any reproduction rights with any property.
2. However, if within 30 calendar days after the sale of any
lot the purchaser gives notice in writing to A.B.L?s that the lot
is counterfeit and within 14 calendar days after such notice
the purchaser returns the lot to A.B.L?s in the same condition
as when sold, and the purchaser, also within 14 calendar days
after such notice, demonstrates to A.B.L?s satisfaction, by
providing properly executed and notarized affidavits by two (2)
recognized scholars or experts in that particular field in which
the lot is categorized, that it is counterfeit, A.B.L?s will refund the
full purchase price.
3. A buyer?s premium will be added to the successful bid price
of each lot and is payable by the purchaser as part of the
total purchase price. The buyer?s premium per lot is 20% of the
successful bid price up to and including $100,000, and 15% on
any amount in excess of $100,000.
4. A.B.L?s reserves the right to withdraw any property prior to
and/or during the auction, with out any notice or explanation.
Unless otherwise announced by the auctioneer, all bids are by
lot as numbered and described in A.B.L?s auction catalogues.
Although in A.B L?s discretion it may execute order bids or
accept telephone bids as a convenience to buyers, who are
not able to attend the auction, A.B.L?s is not required to do so
and is not responsible for any errors or omissions in connection
therewith.
5. The auctioneer has the right at his absolute and sole
discretion to refuse any bid, to advance the bidding in such
a manner as he may decide, to withdraw or divide any lot,
to combine any two 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 bidding, to cancel the sale or
to reoffer and resell the item in dispute. If any dispute arises after
the sale, our sale record is conclusive.
6. On the fall of the auctioneer?s hammer, title to the offered lot
will pass to the highest bidder acknowledged by the auctioneer,
subject to fulfillment by such bidder of all the conditions set
forth herein, and such bidder thereupon (a) assumes full risk and
responsibility therefore, (b) will pay the full purchase price the
day of the auction, or such part as the A.B.L?s may accept, and
(c) will remove the property from A.B.L?s premises at his expense
not later than 3 business days following its sale. If any portion of
the purchase price is not paid when due, it shall bear interest at
the rate of 1½% per month.
7. If any applicable conditions contained herein are not
complied with by the purchaser, A.B.L?s may, in addition to
other remedies available by law and without limitation, (a) hold
the purchaser liable for the total purchase price, (b) retain
any payment made by the purchaser, and/or (c) resell the
property at public auction without reserve or privately and
the original purchaser will be liable for any deficiency in the
purchase price, all costs and expenses, including without
limitation handling and warehousing, the expenses of both
sales, reasonable attorney?s fees, commissions on both
sales at our standard rates, incidental and consequential
damages and all other charges due hereunder. In addition,
a defaulting purchaser hereby grants to the A.B.L?s a security
interest in, and it may retain as collateral security for such
purchaser?s obligations, any property in the A.B.L?s possession
owned by such purchaser. A.B.L?s shall have all of the rights
afforded a secured party under provisions of the Uniform
Commercial Code applicable in the State of Florida with
respect to such property and A.B.L?s may apply against such
obligations all monies held or received by A.B.L?s for the
account of, or due from A.B.L?s to, such purchaser. At A.B.L?s
option, payment will not be deemed to have been made in
full until A.B.L?s have collected funds represented by checks,
or, in the case of bank or cashier?s checks, and A.B.L?s have
confirmed their authenticity.
8. Unless otherwise indicated, all property offered subject
to a reserve, which is the confidential minimum price below
which the lot will not be sold. The reserve will not exceed the
low estimate printed in the catalogue. 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, to protect the seller?s reserve.
9. Unless exempt by law, the purchaser shall pay any state
and local sales or use tax at the time of the payment as part
of the total purchase price or any part thereof. Buyers whom
retain the Florida Annual Resale Certificate, must present a
signed and dated copy prior to or at the time of payment.
10. These Conditions of Sale as well as the purchaser?s and
A.B.L?s respective rights and obligations hereunder shall be
governed by and construed and enforced in accordance
with the laws of the State of Florida. By bidding at an auction,
whether present in person or by agent, order bid, telephone
or other means, the purchaser shall be deemed to have
consented to the jurisdiction of the state courts of, and the
federal courts sitting in, the State of Florida.
11. A.B.L?s may arrange delivery of a purchased lot, within
or outside the State of Florida, provided reasonable written
instructions are given by the purchaser, and full payment is
made for all packing, shipping and insurance charges, in
advance. A.B.L?s is not responsible for the acts or omissions
of carriers or packers, or the employees or agents of either,
of purchased lots, whether or not recommended by A.B.L?s.
Packing and handling of purchased lots by A.B.L?s is at the
entire risk of the purchaser. In no event will A.B.L?s be liable
for damage to glass or frames, regardless of the cause.
12. Terms of payment: cash (may not exceed $10,000),
personal check with valid identification, money order,
cashier?s check, or wire transfer. All funds must clear prior to
purchases being released or shipped. If you wish to pay with
American Express, Master Card or Visa, you must present
the Card in person to A.B.L?s. All charges are subject to the
acceptance by A.B.L?s and an approval by the Card Issuer.
Credit card purchases may not exceed $10,000.
Under no circumstances, will A.B.L?s liability to a purchaser
exceed the full purchase price actually paid.
Licensed by the State of Florida, AB 3195.
Principal Auctioneer: George A. Martin, AU 246.
