Winter Estates and Fine Art Auction

TERMS & CONDITIONS
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.
POST - AUCTION
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-six percent (26%) of the hammer
price. For all lots purchased through live online bidding platforms, there will be a
buyer's premium of twenty-eight percent (28%) added to the hammer price.
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, Paypal, 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.
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.
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.
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.
DISCLAIMER
The information contained in this documents is confidential, privileged and only
for the information of the intended recipient, Poppy Peng, Manager of Overseas
Marketing Department, 51Bidlive.com, and may not be used, published or
redistributed without the prior written consent of Kelmscott’s Fine Art.
The opinions expressed are in good faith and while every care has been taken in
preparing these documents, Kelmscott’s Fine Art makes no representations and
gives no warranties of whatever nature in respect of these documents, including
but not limited to the accuracy or completeness of any information, facts and/or
opinions contained therein.
Kelmscott’s Fine Art, its subsidiaries, the directors, employees and agents cannot
be held liable for the use of and reliance of the opinions, estimates, forecasts and
findings in these documents.
LEGAL REMIFICATIONS
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.
BUYER'S PREMIUM
? 28% up to $50,000.00
? 27% up to $100,000.00
? 26% above $100,000.00