CONDITIONS OF SALE FOR BENEFIT AUCTIONS


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The property offered in this sale will be offered and sold by The Center for Contemporary Arts of Santa Fe, Inc. (“Charity”). Any questions should be directed to the Charity and not to the auction house, (“Auctioneer”), which serves merely as auctioneer for the Charity in conducting the auction sale and participates on the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all the property offered at the auction:

1. (a) Neither the Auctioneer nor the Charity assume any risk, liability or responsibility for the authenticity of the authorship of any property offered at this auction (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).

(b) ALL PROPERTY IS SOLD “AS IS” AND NEITHER THE AUCTIONEER NOR THE CHARITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THE PROPERTY. No statement in any catalogue, notice or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Neither the Auctioneer nor the Charity makes any representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.

2. Any property may be withdrawn by the Auctioneer or the Charity at any time before the actual sale without any liability therefore.

3. The Auctioneer and the Charity reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. If any dispute arises after the sale, the Charity’s sale records shall be conclusive in all respects.

4. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, s/he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, he may reject the advance.

5. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitation damage to frames or glass covering prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such part as the Charity may require. All property shall be removed from the Charity’s premises by the purchaser at his/her expense no later than three days following its sale and, if not so removed, will be sent by the Charity at the expense of the purchaser to a public warehouse for the account, risk and expense of the purchaser and such added charges will then be added to the purchase price of the object. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the Charity by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Charity at their option, may either (a) cancel the sale, or (b) resell the property on three 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 payment of any deficiency, all other charges due hereunder and incidental damages.

6. Any checks should be payable to The Center for Contemporary Arts of Santa Fe, Inc., and not to the Auctioneer.

7. In the case of order bids or bids transmitted by telephone, the Auctioneer and the Charity are not responsible for any errors or omissions in connection with such bids.

PAYMENT
All payments are due the evening of the event. Checks and major credit cards will be accepted.

SHIPPING
Works can be shipped for an additional cost; shipping arrangements must be made at the time of payment.

PICK-UP OF ARTWORK
If work is not collected the night of the auction then people need to arrange to collect it later. All work must be picked-up no later than Wednesday, June 11, 2008, at 5pm unless other arrangements are made the evening of the auction.




silent auction || live auction || conditions || absentee bid || home