Conditions of Sale
The lots listed in this catalogue will be offered by Kelmscott's Fine Art as owner or agent for the consignor(s) and are subject to the following terms and conditions. By bidding at auction, you agree to be bound by these Conditions of Sale.
PRE - AUCTION
Prospective buyers are strongly advised to personally examine property in which they are interested before the auction starts. Condition reports are also available upon request. All lots are sold AS IS and without recourse. Neither Kelmscott's Fine Art nor its consignor(s) makes any expressed or implied warranty or representation of any kind with respect to fitness for purpose, accuracy of the catalogue in regards to 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 condition does not imply a lot is in perfect condition or free from wear and tear, imperfections, or the effects of aging. No statement whether written or oral, whether made in the catalogue, an advertisement, bill of sale, salesroom posting, remarks of the auctioneer, or otherwise, shall be deemed as a warranty, representation, or assumption of liability. Kelmscott's Fine Art nor its consignor(s) makes no warranty or representation, expressed or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Kelmscott's Fine Art expressly reserves the right to reproduce any image of the lots sold in the catalogue.
Refusal of Admission
Kelmscott's Fine Art reserves the right, at their complete discretion, to refuse admission to the premises, participation in any auction, and to reject any bid.
Bidding as Principal
When placing a bid, the bidder accepts personal liability to pay the purchase price including buyer's premium, any applicable taxes, and any other applicable charges. Only if explicitly agreed upon in writing with Kelmscott's Fine Art before the commencement of the auction that the bidder is acting as agent on behalf of an identified third party acceptable to Kelmscott's Fine Art, will Kelmscott's Fine Art then look to the principal for payment.
Absentee Bids
Kelmscott's Fine Art will use reasonable efforts to carry out written bids given prior to the auction for the convenience of clients who are unable to be present at the auction, represented by an agent, or by telephone. All bids must be placed in US dollars (USD). If written bids are received on a particular lot for identical amounts, and these are the highest bids on the lot during the auction, the lot will be sold to the bidder whose bid was received and accepted first. Execution of written bids is a complimentary service undertaken by Kelmscott's Fine Art. If there are other commitments at the time of auction rendering Kelmscott's Fine Art unable to execute a written bid, Kelmscott's Fine Art does not accept liability for failing to execute a written bid or for errors and/or omissions in connection with the absentee bid.
Telephone Bids
Lots with a low estimate of $500 or greater are eligible for bidding via telephone if a bidder makes arrangements with Kelmscott's Fine Art by the end of business the day before the auction takes place. No telephone bids will be registered the day of the auction. Kelmscott's Fine Art will use reasonable efforts to contact the bidder during the auction and does not accept liability for failure to do so nor for errors and/or omissions in connection with bidding via telephone. Telephone bids may be recorded at the discretion of Kelmscott's Fine Art.
Online Bids
Kelmscott's Fine Art will use reasonable efforts to carry out online bids and does not accept liability for equipment failure, inability to access the internet, or software malfunctions related to the execution of online bids. The auctioneer may occasionally experience internet and/or server service outages. The auctioneer may periodically schedule system downtime for maintenance, during which bidders may be unable to place bids or participate in the auction. If such outages occur, Kelmscott's Fine Art may extend bidding for the auction. Bidders unable to place bids through the Internet are directed to contact Kelmscott's Fine Art client services at info@kelmscotts.com
Reserves
Some lots in the catalogue are subject to a reserve price, which is a confidential minimum price below which said lot shall not be sold. The reserve shall not exceed the low estimate of the lot. Reserve prices are agreed upon between the consignor(s) and Kelmscott's Fine Art and are at the absolute discretion of Kelmscott's Fine Art. 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. With respect to lots offered without reserve, unless there are already competing bids, the auctioneer at his/her discretion may open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his/her discretion until a bid is recognized and then continue from that amount to determine the successful bidder.
Auctioneer's Discretion
The auctioneer has the right, at his or her sole discretion, to refuse any bid, to advance bidding in such a manner as he or she decides, to withdraw any lot, and in the case of error or dispute whether during the auction or afterwards, to determine the successful bidder, to continue the bidding, to cancel the sale, or to resell the lot in dispute.
Payment
The buyer must pay the entire amount due (including hammer price, buyer's premium, and any other applicable taxes or charges) no later than close of business on the third (3rd) business day following the auction. Kelmscott's Fine Art accepts wire transfer, cash, certified checks, and money orders. Personal checks may be accepted if credit has been established with Kelmscott's Fine Art prior to the auction date. Kelmscott's Fine Art reserves the right to hold merchandise purchased by personal check until the funds have cleared the banking institution. The purchaser agrees to pay Kelmscott's Fine Art a handling fee of fifty USD ($50) for any personal check dishonored by Kelmscott's Fine Art.
Shipping Terms
Collection of Purchases
All lots purchased must be collected within seven (7) business days of the auction to avoid storage fees.
Packing and Shipping
Kelmscott's Fine Art offers in-house shipping services. A list of recommended shipping agencies is also available upon request. Kelmscott's Fine Art will not be responsible for the acts or omissions of carriers or packers, whether or not recommended by Kelmscott's Fine Art. Property will not be released to a shipper or packers without the purchaser's written consent and until payment has been made in full. Kelmscott's Fine Art will assume no liability of loss or damage to items when handling or packing.
Non-Payment
If Kelmscott's Fine Art does not receive payment in full, and in good standing, within three (3) business days of the auction date, Kelmscott's Fine Art is entitled with absolute discretion, to exercise one or more of the following measures, in addition to any actions available by law:
1) to impose a late charge of one and a half percent (1.5%) of the total purchase price, including buyer's premium, per thirty days
2) to hold the defaulting purchaser liable for the amount due and to begin legal proceedings for it's recovery together with interest, legal fees, and costs to the fullest extent of the law
3) to cancel the sale
4) to resell the property publicly or privately with such terms found appropriate
5) to deny any future participation at auction from the purchaser
6) to take any further actions deemed necessary by Kelmscott's Fine Art
Failure to Collect Purchases
It shall be the responsibility of the purchaser to arrange pickup or shipping within seven (7) business days of the auction. If property is not collected within seven (7) business days following the sale, and whether or not payment has been made, Kelmscott's Fine Art reserves the right to charge twenty-five dollars ($25) per lot, per day or to deliver said property to a public warehouse for storage at the purchaser's expense. Kelmscott's Fine Art shall not be held liable for any damage to property left on premises longer than seven (7) business days following the sale. Lots which are not removed from Kelmscott's Fine Art within thirty (30) days of the auction are subject to forfeiture. Property paid in full but remaining on premises for any reason in excess of sixty (60) calendar days may be offered for sale to recover any past due storage or moving fees, including a twenty percent (20%) seller's commission.
Buyer's Premium
In addition to the hammer price, the successful bidder agrees to pay Kelmscott's Fine Art a buyer's premium and any applicable sales tax per lot purchased. The buyer's premium for all lots purchased through Kelmscott's Fine Art with an in-house paddle number is an additional twenty-seven percent (27%) of the hammer price. For all lots purchased through live online bidding platforms, there will be a buyer's premium of thirty-two percent (32%) added to the hammer price.
Tax and Tax-Exemptions
Lots purchased may be subject to taxes and/or fees. The purchaser is responsible for paying all foreign imposed taxes whether VAT, GST, etc. prior to delivery unless other arrangements have been made in writing and prior to the commencement of the auction. Lots delivered to the bidder or their representative are subject to all applicable state and local takes, unless appropriate permits are on file with Kelmscott's Fine Art Should state sales tax become applicable, the bidder agrees to pay all state sales tax as required by the delivery state. The bidder agrees to pay Kelmscott's Fine Art the actual amount of tax due in the event that sales tax is not properly collected due to an expired, inaccurate, or inappropriate tax certification, or due to an inaccurate representation of the applicable statute. Any applicable forms or certificates must be on file, in the form of a hard copy, with Kelmscott's Fine Art prior to the auction or tax must be paid. No refunds of taxes paid will be made after a sale is completed. Some lots in the catalogue are tax exempt as permitted by law. Please check with Kelmscott's Fine Art prior to the auction for the tax exemption status of a lot.
Liability
Condition Reports
Kelmscott's Fine Art is not responsible for the accuracy of any statement concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the consignor, Kelmscott's Fine Art, its officers, employees, or agents give any representation, warranty or guarantee, or assume liability of any kind in regards to fitness for purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, literature, or historical relevance. Except when required by law, any warranties of any kind are excluded by this paragraph.
Purchased Lots
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, incorrectly delivered, or lost prior to delivery, Kelmscott's Fine Art shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications
The rights and obligations of all parties with respect to these conditions of sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in the State of Texas. If any part of these conditions is found by any court to be invalid, illegal, or unenforceable, that part shall be discounted and the remainder of the conditions shall continue to be valid to the fullest extent of the law.
Discretion
Any and all of the conditions may be waived or modified at the sole discretion of Kelmscott's Fine Art .
