BEFORE THE SALE
Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are usually available on request. All lots are sold AS-IS and without recourse, Beshiman Art Gallery nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Beshiman Art Gallery .nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalog or other 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 the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Beshiman Art Gallery and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Beshiman Art Gallery expressly reserves the right to reproduce any image of the lots sold in this catalog.
AT THE SALE
Refusal of Admission - Beshiman Art Gallery has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and reject any bid.
Registration before Bidding - A prospective buyer must register and be granted approval by Beshiman Art Gallery to participate in each sale prior to bidding. We may require bank or other financial references.
Bidding as Principal - 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, unless it has been explicitly agreed upon in writing with Beshiman Art Gallery before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Beshiman Art Gallery and that Beshiman Art Gallery only look to the principal for payment.
Online Bids - We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids
Auctioneer's Discretion - The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Successful Bid - The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the Beshiman Art Gallery sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
AFTER THE SALE
Buyer's Premium - In addition to the hammer price, the buyer agrees to pay Beshiman Art Gallery a buyer's premium and the applicable sales tax added to the final total
HAMMER PRICE / BUYER'S PREMIUM
In addition to the hammer price, the buyer agrees to pay Beshiman Art Gallery a buyer's premium and the applicable sales tax added to the final total. The buyer premium is 20% for internet bidders.
Payment - The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. CST on the Seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash, bank wire, check, cashier's check, and credit card unless other arrangements are made with Beshiman Art Gallery. Beshiman Art Gallery reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Beshiman Art Gallery a handling charge of $50 for any check dishonored by the drawee.
Collecting Purchases - Once Beshiman Art Gallery has received all funds due to us, the buyer shall collect purchased lots within ten (10) business days from the date of the sale.
Packing and Shipping - No property will released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. We can provide packing and shipping services at the buyer's expense. Items will be shipped via USPS unless another carrier is specified. Please note, items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs. If we cannot pack/ship your purchases, we can arrange packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We will offer recommendations of suitable third party carriers. We recommend shipping all items insured. Insurance claims should be taken up with the third party carrier. Within approximately one week after the auction, we will advise purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take longer to get.)
Failure to Collect Purchases - If property is not picked up within ten (10) business days following the sale, whether or not payment has been made, Beshiman Art Gallery shall have no liability for any damage to property left on its premises for more than ten (10) business days following the sale. In addition, we reserve the right to impose a late charge of one and half percent (1.5%) per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. For property that is not picked up after thirty (30) calendar days, an additional administration fee of $75 will be charged. Property which is paid for but left on our premises for any reason in excess of sixty (60) calendar days is subject to sale by us with the balance of any funds recovered in excess of storage charges and any other fees being remitted to you.
LIABILITY
Condition Reports - Beshiman Art Gallery is not responsible for the correctness of any statement of any kind 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 seller or ourselves give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is 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, mis-delivered or lost prior to delivery, Beshiman Art Gallery shall not be liable for any amount in excess of that paid by the purchaser.
Legal Ramifications - The rights and obligations of the 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 Texas. 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.
Discretion - Any and all of the conditions may be waived or modified in the sole discretion of Beshiman Art Gallery.
Shipping Terms
Buyer pays shipping cost.
