Terms & Conditions
Gordon Fine Art Gallery LLC
TERMS AND CONDITIONS OF SALE
The property offered and sold through Gordon Fine Art Gallery LLC?s public auctions shall be sold pursuant to the terms and conditions set forth below. By bidding at the auction, whether present in person or by agent, by floor, absentee, telephone, or online bid, the buyer agrees to be bound by these terms and conditions. All bidders are responsible for reading and understanding these terms and conditions. Gordon Fine Art Gallery LLC reserves the right to vary the terms of sale and any such variance shall become part of these Conditions of Sale.
ALL PROPERTIES ARE SOLD AS IS, WHERE IS WITH ALL FAULTS. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Unless otherwise indicated, all property will be offered by Gordon Fine Art Gallery LLC as agent for consignor.
GENERAL
ALL PROPERTIES ARE SOLD AS IS AND ALL SALES ARE FINAL. NO RETURNS. NO EXCEPTIONS.
Neither Gordon Fine Art Gallery LLC nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. We do not guarantee authorship or signatures of paintings. All measurements are approximate.
Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Gordon Fine Art Gallery LLC attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. References in the catalog or condition reports to damage or restoration are for guidance only. The absence of any reference to condition or the reference to particular defects of any lot does not imply the absence of imperfections, effects of aging, or other defects. No employee is authorized to make any warranties, expressed or implied, on behalf of Gordon Fine Art Gallery LLC. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them.
CONDITION REPORT
Condition reports are made as statements of opinion by the staff of Gordon Fine Art Gallery LLC and/or by independent consultants and are NOT made as or considered to be statements of fact. Condition reports in no way create any warranty or assumption of liability. Gordon Fine Art Gallery LLC shall have no responsibility for any error or omission. The items sold are often of considerable age and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of a condition statement DOES NOT imply that the lot is in excellent condition or completely free from wear and tear, imperfections or the effects of aging. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots.
NO GUARNTEE OF AUTHENTICITY FOR JADE, PAINTINGS, STAMPS, COIN, AND PAPER CURRENCY
I. Gordon Fine Art Gallery LLC does not guarantee the authenticity of the color or age of any jade. All jade will be sold as is, without any warranties. All sales are final in jade purchases, no returns will be accepted. Judgment of such qualities is at the sole discretion of the buyer.
II. Gordon Fine Art Gallery LLC does not guarantee any of the lot number descriptions, illustrations, and conditions provided as reference, including authentication, originator and the date of execution regarding paintings. All items sold as is, no returns.
ESTIMATES
The estimates provided for each lot in this catalog are neither a representation nor prediction of the actual selling price that will be realized at the auction, post-auction sale, or upon resale. Estimates represent Gordon Fine Art Gallery LLC opinion of the price range that a buyer would pay for the lot at auction. Estimates are based when possible on the prices paid for comparable items sold at auction in the past. Estimates are often determined several months before a sale and are subject to revision based on further research of the property, changes to market conditions, or fluctuations in currency. Estimates do not include the buyer's premium. The actual price realized for any lot may fall above or below the range of the estimate.
REGISTRATION
All prospective bidders must complete and sign a registration form and provide identification before bidding. All new bidders are required to submit a credit card for the registration and bidding approval purposes, and the credit card will be charged for the invoice amount if the invoice is not paid within seven (7) business days. A $500 deposit may be required in order to approve registration.
BIDDING
By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed or supplemented, whether bidding in person, through a representative, by phone, internet or other absentee bid.
Gordon Fine Art Gallery LLC reserves the right, at our sole discretion, to reject any bid and the right to refuse to acknowledge any bidder. If the auctioneer decides an opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale. If the auctioneer acknowledges an opening bid, and later decides that any additional bid is insufficient, he may reject that advance. If the auctioneer does not receive or accept an advance additional bid, he then at his discretion may pass and not sell that lot.
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges. All items are sold to the highest bidder as acknowledged by the auctioneer. Gordon Fine Art Gallery LLC reserves the exclusive right to determine the validity of any bid, and to settle any dispute that may arise between bidders. In the event of a dispute, or if Gordon Fine Art Gallery LLC has any doubt of the validity of a bid, the auctioneer reserves the right to a) determine the successful bidder b) continue bidding or c) cancel a sale. The auctioneer reserves the right to withdraw any item and to re-offer the item at another time. Every effort is made by the auctioneer to execute all bids, including floor, absentee, telephone and online bids. Gordon Fine Art Gallery LLC is not responsible for omissions, clerical or typographical errors in the catalog and during the auction itself. Gordon Fine Art Gallery LLC reserves the right to cancel any sale or bid before, during, and after the auction.
PROPERTY WITHDRAWL
We reserve the right to withdraw any property before or at a sale and cannot be held liable for any such withdrawal.
RESERVES
A reserve is the confidential minimum price a lot may be sold for at auction as established by Gordon Fine Art Gallery LLC and the consignor. Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve. Gordon Fine Art Gallery LLC may implement the reserve by opening biddings or bidding successively on any lot by placing a bid on behalf of the Consignor up to the amount of the reserve. Some lots will have no reserve but in most cases the consignor has established one. If the auctioneer decides that any bid is below the value of the lot offered, the auctioneer may reject the bid and withdraw the lot from the sale.
INTERNET BIDS
Gordon Fine Art Gallery LLC allows for clients to bid and buy online through the services of Live Auctioneers, Invaluable, AuctionZip and 51Bidlive. All clients must be registered to bid with Gordon Fine Art Gallery LLC, and or through the websites prior to bidding online. Any client who chooses to use online service is responsible for obtaining all necessary information for bidding and buying online. Under no circumstances, shall Gordon Fine Art Gallery LLC accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
TELEPHONE BIDS
Registered buyers interested in bidding by telephone must request to do so before the auction. All telephone bids must be received by Gordon Fine Art Gallery LLC at least 24 hours prior to the beginning of the auction. We will use reasonable efforts to contact buyers to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
To register for telephone bidding, please contact us at (862) 977-1661 or email us at info@gordongallery.us.
ABSENTEE BIDS
Bidders who are unable to participate in the auction in person, by an agent or by telephone, may place absentee bids up to 24 hours prior to the beginning of the auction. We will use reasonable efforts to carry out written bids given to us prior to the sale. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. We do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid. Any client who places an absentee bid is solely responsible to cancel any or all bids prior to the start of the auction. If the client does not cancel the bid, he or she is solely responsible for the property's purchase.
BUYER?S RESPONSIBILITY (PREMIUM & TAXES)
Buyer's Premium:
28% up to $100,000.00
25% up to $200,000.00
22% above $200,000.00
In addition to the hammer price, the buyer agrees to pay Gordon Fine Art Gallery LLC a buyer's premium and the applicable sales tax added to the final total. The buyer's premium for all purchases is twenty-eight (28%) of the hammer price up to and including $100,000; twenty-five (25%) of any amount in excess of $100,000 up to and including $200,000; and twenty (22%) of any amount in excess of $200,000.
The successful buyer is responsible to pay the full amount due for their purchase, including the amount of the successful bid, the buyer's premium, all applicable taxes and all other charges set forth in the Terms and Conditions to Gordon Fine Art Gallery LLC within seven (7) business days of the auction.
Taxes: All purchases (including buyer's premium) will be subject to a New Jersey State Sales Tax of 7% unless the buyer is an out-of-state resident and lots are being shipped out of New Jersey or the purchaser has a valid Tax Exempt Certificate ( an actual resale certificate must be presented and on file with Gordon Fine Art Gallery LLC)
PAYMENT AND COLLECTION RESPONSIBILITIES
The successful buyer will receive an invoice listing all fees and the total due for all purchases within (48) hours of the auction's completion. All buyers must immediately pay for the lot purchased, within a maximum period of seven (7) business days after the auction. All property purchased from Gordon Fine Art Gallery LLC must be removed within 30 days after the auction date. Gordon Fine Art Gallery LLC will not be responsible for paid items left for over 30 days after the auction date. (Unless a prior agreement has been made). Items left after 30 days will incur a $10/day storage fee per item. Gordon Fine Art Gallery LLC reserves the rights to re-auction any unpaid items after 30 days from the date of the auction.
METHODS OF PAYMENT
Payment in U.S. dollars may be made with CASH, CREDIT CARDS (subject to processing fee if paid through Liveauctioneers), CHECK (drawn on U.S. bank), PAYPAL(subject to 4% convenience fee), and WIRE TRANSFER. All lots purchased, including the full hammer prices, buyer's premium and all other taxes and fees over TWO Thousand ($2,000) US Dollars must be paid for directly to Gordon Fine Art Gallery LLC by wire transfer, money order, personal check, subject to verification of funds, and/or cashier's check. Buyer is subject to a $50 fee for bounced checks. If paying by check, it should be made payable to Gordon Fine Art Gallery LLC. All payments or settlements shall be made in US dollars; buyers shall only collect the lots after full payments are made. Should payments be made by check or draft, lots will only be released after bank clearance. If you fail to pay within 7 business days, we will charge your credit card the total amount on your invoice.
NON-PAYMENT
If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: 1. to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price. 2. to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law. 3. to cancel the sale. 4. to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. 5. to offset against any amount owed 6. to not allow any bids at any upcoming auction by or on behalf of the buyer 7. to take other action as we find necessary or appropriate.
SHIPPING RESPONSIBILITIES
The winning bidder is responsible for shipping all purchased property. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the buyer. All items not being picked up at the gallery will be shipped by shipping companies from our suggested list of shippers. As a convenience to the buyer, Gordon Fine Art Gallery LLC can provide the buyer with a list of recommended shippers. Gordon Fine Art Gallery LLC will not be held responsible for the negligence of carriers or packers whether or not recommended by us. Gordon Fine Art Gallery LLC will have no liability of any loss or damage to such items resulting from a shipper's negligence. Packing and handling of purchased lots by us is at the entire risk of the purchaser. Buyers must contact shipping company directly after the auction to arrange shipment and payment for shipping. A shipping release form is required to be filled out and sign in order for us to release the item to the shipping company. If you decide to use your own methods or another shipper that's not on our suggested list of shippers, you must inform us prior so to avoid confusion.
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, mis-delivered or lost prior to delivery, Gordon Fine Art Gallery LLC shall not be liable for any amount in excess of that paid by the purchaser.
LIABILITY AND LEGAL RAMIFICATIONS
These conditions of sale are governed by the laws of the State of New Jersey (excluding the choice of law rules thereof). In connection with any dispute arising with us under this agreement or otherwise, you consent to the exclusive jurisdiction of the state and federal courts located in the state of New Jersey, regardless of where you may reside or have a place of business. You waive all rights you may have to a jury trial in connection with any dispute arising with us under this agreement or otherwise. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Any and all of the conditions may be waived or modified in the sole discretion of Gordon Fine Art Gallery LLC.
