CONDITIONS OF SALE
CONDITIONS OF SALE; WAIVERS OF WARRANTY; LIMITATIONS OF LIABILITY
Registering for and/or placing a bid at auction constitutes the acceptance of and agreement to these Conditions of Sale; WAIVERS OF WARRANTY; and LIMITATIONS OF LIABILITY (collectively, the “Conditions of Sale”). These Conditions of Sale are binding and enforceable on all bidders and buyers.
BID PRICE
Each buyer must have an assigned Buyer’s Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer’s premium equal to 26% of the first $500,000 of the bid price, plus 20% on any amount between $500,001 and $1,000,000, and 10% for any amount over $1,000,000 (for those who bid through the internet, there is a 2.5% surcharge for Clars L.A. Online Bidding or 5% for all other bidding platforms), plus 3) sales tax unless the purchaser is exempt by law from such taxes.
ACCEPTANCE OF BID
As each item is sold, the Auctioneer shall announce the winning bid and the Buyer’s Number of the winning bid. Failure of the person assigned to the Buyer’s Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
REGULATION OF BID
The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
PAYMENT AND PICKUP
Invoices must be paid in full within three days and merchandise picked up within two weeks of the date of sale. Payment may be made by cash, wire transfer, check, credit/debit card. Credit/debit card payments will be subject to an additional 3% processing fee, and 4.5% for international credit card. A storage fee may be charged if merchandise is left longer than two weeks at a rate of $10.00 PER LOT PER DAY. If the property is left longer than 3 1⁄2 (three and one-half) weeks, you may not be approved to bid in any subsequent auction. If the property is left longer than 90days, it will be considered abandoned. We are not responsible for packing and shipping.
PHONE/ABSENTEE BID
Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction.
Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4,000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11AM on following the sale to find out if they were successful.
The phone/absentee bidder guarantees to bid on the selected lot(s) at open bid of $500.00, whichever is higher. A deposit may be requested on high value lots. Please note that Internet purchases are not available for pick up till the following day.
NO TRANSFER
No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.
RISK AND LOSS
In the event, delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY ALL ITEMS “AS IS AND WHERE IS”
NO WARRANTY; ALL ITEMS SOLD “AS IS AND WHERE IS” THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
Any condition statement given to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The Gallery strongly recommends that one reviews a condition report for each item on which one plans to bid.
RIGHT OF RESCISSION
Notwithstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser
a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein) and
b) within 10 days after such notice returns the lots to us in the same condition as at the time of sale and
c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded.
Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser’s sole remedy in the physical condition and size, quality, rarity, importance, provenance, exhibition, and literature of historical relevance.
Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
APPLICABLE LAW
These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the State of California as applied to contracts entered into by residents of California and to be performed entirely within the State of California. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the Gallery, bidders, and purchasers) consent irrevocably and exclusively to venue in Alameda County in the State of California.
ATTORNEY’S FEES
In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs.
PAYMENT
Cash, cashier’s check, wire transfer, personal check (items may be held until the check clears), and ATM, MasterCard, Discover & VISA accepted, but not for vehicles. International credit cards are not accepted for any payment. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Time is of the essence.
DO YOU GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST?
Please see the catalog description. All authorship of items in this catalog are described according to the following terms:
1. By Maurice Braun
In our opinion, the work is by the artist.
2. Attributed to Maurice Braun
In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
3. In the manner of Maurice Braun
In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
4. After Maurice Braun
In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
5. Circle of Maurice Braun
In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
6. Follower of Maurice Braun
In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
7. American, 19th century
In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
8. Bears signature
In our opinion, the signature on the artwork may be spurious.
9. Apocryphal
Of doubtful authenticity.
10. Condition
We may include a brief note on condition within the catalog description. We do this when the condition problem is serious enough to affect the estimate of the artwork. This does not constitute a complete condition report, nor should it be assumed that artworks cataloged without mention of condition are in perfect condition.
JEWELRY
A buyer’s responsibility is to examine any item(s) of potential interest carefully. This applies to all jewelry sold at Clars L.A., Gemstone weights are approximate. A very large majority of gemstones today are subjected to a variety of treatments/enhancements. This includes diamonds and colored stones; the purpose is to improve their appearance color and/or clarity. Treatments such as heat, diffusion, irradiated, HTHP, oiling, resin, bleaching, dying and impregnation are just a few techniques known today. Some treatments are combined, some permanent and others are not. Not all treatments are detectable using standard gemological equipment. Prospective buyers are therefore reminded that unless otherwise noted in the description(s), or condition report, it must be assumed that some form of enhancement may have been used.
Regarding Laboratories Reports: only reflect the opinions of the laboratory on that date. Each Laboratory has their own strengths and weaknesses, therefore differing in degrees of grading and/or treatments. Watches must be examined carefully with the assistance of the Clars L.A. staff. We give our opinion of function only at the time of cataloging. Although we do attempt to mention in our description’s significant defects, needed repairs, stones missing, enamel loss etc., we do not guarantee the accuracy or operation of any watch function. Condition reports are available for most pieces upon request. These reports contain more information that was observed during cataloging, other than the catalog descriptions. Images shown may appear smaller or larger than actual size.
ENDANGERED SPECIES
Certain property sold at auction such as Huanghuali, Huali, ivory, rhinoceros’ horn, tortoise shell, coral or whalebone, irrespective of age or value, may require a certificate or license before exportation and additional certificate or license upon importation to another country. It is your sole responsibility to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import license. Although licenses can be obtained to export some types of endangered species, other types of endangered species may not be exported at all, and other types may not be resold in the United States. Generally, please contact authorized shipper before sale if you require assistance in relation to export regulations.
Please note that the ability to obtain an export certification or license does not ensure the ability to get an import certification or license in another country, and vice versa. The need for import license varies from country to country and you should acquaint yourself with all relevant local requirements and provisions. The refusal of any import or export license or any delay in obtaining of such licenses shall not permit the rescission of any Sale nor allow any delay in making on-time payment for the lot.
OTHERS
By bidding at auction, whether present in person, or by agent, by written bid, telephone or other means, the buyers shall be deemed to have accepted these Conditions of Sale and also accepted China Arts Auction has the right to pursue any remedies in any other jurisdiction in order to recover any outstanding sums due from the buyer. The rights and obligations of the parties with respect to the Condition of Sale, the conduct of the auction and any matters connected shall be governed and interpreted by the State of California laws.
PLEASE NOTE THAT ALL LOTS WON ARE FINAL, NON-REFUNDABLE AND NON-EXCHANGEABLE
