Auction 2008 Terms & Conditions
CONDITIONS OF SALE
The items described in this publication, as amended by any posted notices or oral announcements during the sale, will be sold by Yosemite Renaissance, Inc., a non-profit organization, for the benefit of its programs. These CONDITIONS OF SALE, and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS ( including TO PLACE A BID) are the complete and only terms and conditions on which all items are offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone or E-Mail bid, or by any other means) the buyer agrees to be bound by these CONDITIONS OF SALE.
1. THE AUTHENTICITY OF ITEMS LISTED IN THESE WEB PAGES IS WARRANTED TO THE EXTENT STATED IN THE "LIMITED WARRANTY." EXCEPT AS PROVIDED THEREIN, ALL ITEMS ARE SOLD "AS IS" AND YOSEMITE RENAISSANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE ITEMS OR THEIR VALUE, AND IN NO EVENT SHALL YOSEMITE RENAISSANCE BE RESPONSIBLE FOR CORRECTNESS OF DESCRIPTION, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF THE ITEM OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN) ON THE WEB PAGE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMPTION OF RESPONSIBILITY.
2. All bids are to be per lot.
3. Yosemite Renaissance makes no representation that the purchaser of any item will acquire any copyright or reproduction rights thereto.
4. Yosemite Renaissance reserves the right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid (see "Advice", item 4 below).
5. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.
6. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, Yosemite Renaissance's sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.
7. The purchase price paid by a purchaser shall be the sum of the final bid plus applicable California sales tax plus the cost of shipping & handling for items not picked upon the closing of the auction (Thursday, August 28, 2008).
8. At the close of the silent and live auctions (Thursday, August 28, 2008 at approximately 8 PM PDT) title to the offered item will pass to the highest acknowledged bidder, who, thereupon (a) immediately assumes full risk and responsibility therefor, (b) will immediately sign a confirmation of the purchase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Yosemite Renaissance, Yosemite Renaissance, at its option, may either (a) cancel the sale, (b) resell the property, either publicly or privately, for the account and risk of the purchaser, and in such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and all other charges due hereunder.
9. All property shall be removed from Yosemite Renaissance (and/or the Ansel Adams Gallery) by the purchaser at his/her expense no later than fourteen (14) days following its sale, and if not so removed may, at the option of Yosemite Renaissance, be sent by Yosemite Renaissance to a public warehouse at the account, risk and expense of the purchaser. The purchaser shall be liable for all actual expenses incurred.
10. All items in this sale are offered for the benefit of Yosemite Renaissance. Under no circumstances may Yosemite Renaissance bid upon or buy back any item.
11. Any and all claims of a purchaser shall be deemed to be waived and without validity unless delivered in writing by registered mail return receipt requested to Yosemite Renaissance within twenty-one (21) days of the date of sale.
13. No waiver or alteration of any of these Conditions of Sale, the Advice to Prospective Bidders, the Limited Warranty, the estimates, or any other matter on these Web pages or any other matter whatever (whether made by the auctioneer or any representative of Yosemite Renaissance) shall be effective unless it is in writing and signed by a representative of Yosemite Renaissance.
14. The "LIMITED WARRANTY" appearing below and the "ADVICE TO PROSPECTIVE BIDDERS" appearing below form part of these CONDITIONS OF SALE. "TO PLACE A BID" appears on its own separate page.
LIMITED WARRANTY
Yosemite Renaissance warrants the authenticity and condition of each item on the terms and conditions set forth below.
1. Unless otherwise indicated in the descriptions or unless physical inspection would reveal self-evident lack of authenticity, we warrant for a period of three (3) months from the date of sale the authenticity of any item described herein.
2. The benefits of these warranties are not assignable and are applicable only to the original buyer of the lot, and are conditioned on the buyer returning the work in the same condition as at time of sale and in the time period specified.
3. The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item, and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law.
ADVICE TO PROSPECTIVE BIDDERS
1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE, THE CONDITIONS OF SALE, TERMS OF WARRANTY and TO PLACE A BID PRINTED ON THESE WEB PAGES.
2. INSPECTION OF PROPERTY. Prospective bidders or their agents should inspect property prior to the auction.
3. BUYER'S OBLIGATION. The purchase price payable on any lot purchased will be the total of the final bid plus all applicable sales taxes plus applicable shipping costs.
4. SALES TAX. All items purchased are subject to payment of California sales tax of 7.75 % on the total purchase price unless the purchaser presents proof of exemption therefrom. Only a valid California State Resale Number will be accepted as proof of exemption. Purchases will not be released unless all sales tax requirements are satisfied. Purchases shipped outside of California are not subject to sales tax.
5. BIDDING INCREMENTS. Bidding increments are as follows: $10 up to $100; then $25 to $500; $50 to $1,000; $100 to $2,500; and $200 thereafter. However, the auctioneer may modify the increments at any time.
6. RESERVES. All lots are subject to a minimum price agreed to with the donor below which the lot will not be sold. The reserve will never be higher than the approximate market value. Yosemite Renaissance may implement such reserve by opening the bidding up to the amount of the reserve. If no outside bid is received in excess of the reserve the item will be returned to the donor.
7. APPROXIMATE MARKET VALUES. The approximate market values provided are intended as a guide to bidding. The figures are educated guesses provided by the artists.
8. BIDDING. All persons attending the auction must obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, telegram, E-Mail or telephone and such bids will be executed without charge.
9. ABSENTEE BIDS will be executed by Yosemite Renaissance on the bidder's behalf in competition with other absentee bids and bidding in the room. Every effort will be made to carry out the bidder's instructions but Yosemite Renaissance shall in no event be responsible for failing correctly to carry out instructions, and Yosemite Renaissance reserves the right to decline to undertake such bids. Bids by mail, phone, or E-Mail should be made in U.S. dollars on the bidding form found on the Web page and in accordance with the instructions on the bidding form.
10. REMOVAL OF PROPERTY. All lots purchased shall be removed at the purchaser's risk and expense by the end of the fifth business day following the sale. Purchases not so removed will be treated as set forth in paragraph 9 of the Conditions of Sale.
11. SHIPMENT. Upon request, Yosemite Renaissance will facilitate the shipping of purchases to out-of-town
buyers at an additional charge for packing, postage and insurance, but will not be responsible for any loss, damage or delay resulting from the packing, handling and shipping thereof. Unless specific instructions are received, Yosemite Renaissance is the sole judge of the method to be used for shipment.
13. CREDIT. Bidders whose credit is unknown to Yosemite Renaissance should make prior arrangements for payment, failing which purchases will not be released until funds have cleared.
14. LOTS NOT RETURNABLE. Items are sold as is and are not returnable.
|
