International credit cards will not be accepted
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, plus (2) A BUYER’S PREMIUM OF 26% ON THE BID PRICE OF ANY LOT THAT SELLS FOR UP TO $150,000 THEN 15% ON ANY AMOUNT OVER $150,000 AND %10 FOR ANY AMOUNT OVER $1,000,000 (for those who bid through the internet, the buyer’s premium will be 24% for lots sold under $150,000, and 18% for any amount over $150,000), plus (3) sales tax unless the purchaser is exempt by law from such taxes.
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 the 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 reoffer and sell the item for a lower price.
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.
The invoice must be paid in full and merchandise picked up within three days of the date of sale. If your property is left here longer than two weeks, furniture and other larger items will be moved by a shipper to an offsite storage facility. The buyer will be responsible for paying whatever shipping and storage fees that accrue directly to this shipper. On smaller items, a storage fee will be charged if the merchandise is left longer than two weeks of $10.00 per lot per day. If the property is left longer than 3 ? (three and one-half) weeks, it will be considered abandoned. We are not responsible for shipping.
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 $4000.00. 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 the first weekday following the sale to find out if they were successful
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.
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.
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 is given as a courtesy 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.
Notwithstanding the preceding conditions, if within 21days 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) with 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 event this
paragraph is invoked is as provided herein. Consignor agrees to be bound by our judgment as to Authorship and by our determination regarding rescission. The purchaser expressly acknowledges and agrees that in no event shall we liable for any compensatory, incidental or consequential damages.“Authorship” means only the identity of the creator.
The right of rescission does not extend to (a) works executed before 1870 unless these works are determined to be counterfeit, as this is a matter of current scholarly opinion which can change, (b) titles or other identification of offered lots or descriptions of 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.
Telephone bids are accepted until 5pm the day before the auction. The phone bidder guarantees to bid on the selected lot(s) at least half the low estimate or five hundred dollars (S500.00), whichever is higher. A deposit may be requested on high value lots. A Clars representative will call the number provided approximately 10 lots prior to the sale of the item. The Gallery assumes no responsibility for failure to phone a bidder for any reason, and phone bids are made subject to the Conditions of Sale.
Cash, Cashier’s check, Wire Transfer, personal check (items may be held until the check clears), and ATM.
MasterCard & VISA accepted for purchases $25 and over, but not for vehicles. 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.
No smoking, eating, or drinking in the Gallery
DO WE 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.
By Maurice Braun: In our judgment, the work is by the artist.
Attributed to Maurice Braun: In our judgment, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
In the manner of Maurice Braun: In our judgment, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
After Maurice Braun: In our judgment, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
American, 19th century: In our judgment, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
Bears signature: In our judgment, the signature on the artwork may be spurious.
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.
