1. On the fall of the auctioneer's hammer, the highest bidder shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and, thereupon will pay the purchase price in full. All property shall be removed from the premises the day of the sale. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitations the right to hold the purchaser liable for the purchase price, we, at our option, may either:
i. cancel the sale, retaining as liquidated damages all payments made by the purchaser or:
ii. 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 the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due here under and incidental damages.
2. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale.
3. We 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, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be inclusive in all respects.
4. If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser.
5. If a lot is offered subject to reserve (the confidential minimum price below which a lot will not be sold), we may implement such a reserve by bidding on behalf of the consignor.
6. All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to authorship, period, source, origin, measurement or condition are qualified statements and shall not be deemed to be representations or warranties.
i. Condition of property is NOT included catalogue descriptions. Prospective bidders are advised to inspect all lots prior to bidding to determine age, condition, size, medium, repairs and any restoration or lack thereof. As a service to prospective bidders, condition reports are available on ALL lots. Please contact christine@eleganceauction.com for any condition report requests.
7. ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY.
i. Please note that all Chinese scrolls are sold AS IS, with no guarantee as to authorship nor as to authenticity. It is the responsibility of the potential buyer, himself, to determine whether or not any of these scrolls might be original paintings, copies, etc.
8. ABSENTEE BIDS -- As a service to those wishing to place bids, we will accept such bids without charge, in advance of the sale, on bidding forms available from us.
9. THERE WILL BE A 20% BUYERS PREMIUM APPLIED TO ALL SALES FOR ONLINE BIDS. ALL DEALERS MUST PRESENT A CALIFORNIA RESALE CERTIFICATE PRIOR TO ACCEPTANCE OF A BIDDERS CARD FOR TAX EXEMPTION, OR A 9.5% CALIFORNIA SALES TAX WILL BE APPLIED. THERE ARE NO EXCEPTIONS.
