||Terms and Conditions:
Floor, Absentee and Phone Bidders
REGISTRATION: All bidders must register. We require your name, permanent street address and phone number prior to the Auction. We do not accept post office boxes as addresses. Unless you are known to our firm, all registrants must present two forms of identification, at least one of which must include a current photograph. Bidders not known to our firm will be required to present a valid Visa or Mastercard. Registration and bidding in any Auction conducted by Stuart Holman, Auctioneer represents your agreement to the terms and conditions of the sale. This includes bidding live, by absentee bid or by telephone. All bidders agree to and are bound by the terms and conditions of the sale.
TERMS OF SALE: Announcements made the day of auction take precedence over any previous communication. The Auctioneer reserves the right to withdraw any lot at any time before its final sale. The Auctioneer may reject any bid for any reason. If any dispute arises as to any bidding, the Auctioneer's decision shall be final and absolute.
BUYER’S PREMIUM, PURCHASE PRICE, TAXES, AND BILLING: Buyer's Premium & Purchase Price: Floor Bidders: A buyer's premium of 13% will be added to each hammer price. Buyers paying with cash or check will be granted a 3% discount.
ESTIMATES: Presale estimates are our opinion of the price a buyer might pay for the property at public auction. Estimates are offered as guides only, and are neither a prediction nor a representation of the actual selling price. We are not liable in any way for differences between presale estimates and hammer prices. We reserve the right to adjust the estimate on any lot prior to the sale of the lot.
RESERVES: A reserve is a confidential minimum price established between our firm and the consignor. In the case of reserved lots, the seller has authorized us to bid on their behalf until the reserve price is reached. We prohibit consignors from bidding on their own property. We implement the reserve by bidding on behalf of the consignor, up to but not beyond the reserve.
INSPECTION & CONDITION REPORTS: We are pleased to provide you with a general report of the condition of items available at our auctions. We do not guarantee the content of written or verbal condition reports. We are not professional conservators or restorers and we urge you to consult with a qualified conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition, and must understand that any statement made by any member of our staff is merely a subjective, qualified opinion. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item we sell.
AS IS WHERE IS: The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). All property is sold “As Is” and neither the Auctioneer nor the Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall be responsible for the correctness or any implied warranty or merchantability or any implied warranty of fitness for a particular purpose as it relates to description, genuineness, attribution, provenance, safety, reliability or condition of the property. If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of on-line photographs.
GUARANTEE: All sales are final. All items are sold "As Is, Where Is," except as expressly stated otherwise in the following paragraph:
All information concerning authenticity, including authenticity of authorship of fine art such as paintings, sculptures, and drawings is guaranteed for a period of fourteen days after bidder’s receipt of merchandise. In that time we will allow the buyer to submit, at his own expense, an opinion in writing from a recognized, independent expert, approved by our firm and the purchaser, regarding authenticity. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance, or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion. Should the buyer not do so, should the buyer request our firm to delay shipment, should the buyer give an incorrect shipping address, or be unavailable to receive shipment, the fourteen (14) day warranty will still apply. It is understood that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity. Such remedy is based upon the buyer returning the property in the same condition as at the time of sale. We are not liable for any incidental or consequential damages. No Warranty of Reproduction: Neither the consignor nor we make any warranty or representation, as to whether a buyer will acquire any reproduction rights, copyrights or other intellectual property rights with respect to any purchase. We do not guarantee the working order of any clock, watch, electronic or mechanical device. Measurements may be approximate. This Warranty does not cover any typographical errors.
WITHDRAWAL OF PROPERTY FROM SALE: We reserve the right to withdraw any item from the Auction for any reason at any time and with no liability whatsoever for such withdrawal.
ABSENTEE AND TELEPHONE BIDDING: Absentee and telephone bidding are offered as a service to our customers and prospective bidders. We shall not be responsible for failing to execute such bids or for errors relating to the execution of absentee or telephone bids.
ABSENTEE BIDDING: Absentee bids are accepted via mail, phone, fax or email. All bids will be posted with the time and date of arrival. Should a tie bid occur, the first bid entered shall be declared the buyer. Bidders unknown to our firm may be required to submit a bank letter of credit prior to the Auction, or, if using a credit card, deposit with our firm a fee equaling 25% of the absentee bid. All absentee bids are executed competitively by a member of the Auction staff. The Auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee bidder only if necessary. We only accept absentee bids of a specific amount. We do not accept "plus one" bids or bids which have no limit. In the event of a tie bid between a floor and absentee bidders, the floor bid will be honored. All absentee bids need to be received no later than 5:00 P.M. eastern standard time, the day before the Auction.
TELEPHONE BIDDING: Bidding live via the telephone is available on a first come, first served basis. To participate in the auction by telephone, potential bidders must register with our office. Telephone bidders are encouraged to list an “insurance bid” amount, which will become an absentee bid if we are unable to reach you by phone for a particular lot. Telephone bidders will be given an approximate time they will be called to bid on their items of interest at the time they register with our office. Please be ready for our call at the appointed time. Our firm will attempt to reach each telephone bidder, but we are in no way responsible for missed calls. All reservations for telephone lines need to be received no later than 5:00 P.M. eastern standard time, the day before the Auction.
BIDDING INCREMENTS: The following increments are used at the auction. Absentee bids must fall within these increments. We will automatically reduce any absentee bid to the closest increment if the bid price does not fall on our set increment.
We reserve the right to adjust increments at any time during the Auction.
BUYER'S RESPONSIBILITY: Upon the fall of the gavel, ownership passes to the buyer. The buyer immediately assumes full risk and responsibility for the lot, including liability for loss or damage.
PURCHASE PRICE AND PAYMENT: The purchase price for each lot shall equal the gavel price, buyer’s premium and sales tax. Payment may be made with cash, personal or traveler’s check, Visa or Mastercard. Buyers who are present at the auction must pay the full purchase price at the time of the sale. Buyers who bid by telephone or who are absentee bidders will be invoiced within 5 days after the close of the auction and must pay the full purchase price for each purchased lot within 14 days after the date of the Auction. By registering to bid absentee or on the telephone, the bidder authorizes Stuart Holman, Auctioneer, to charge the purchase price (hammer price plus buyer's premium) for each lot for which the bidder is the successful bidder, to the credit card number provided by telephone or on the absentee bid form. If you prefer other payment means, please call our office prior to the Auction to discuss. No property will be released by our firm unless the purchase price has been paid in full.
SHIPPING: Buyers are asked to select a shipping agent in the Cincinnati area of their choice and to forward their contact information to us either by email or fax. We do not pack or ship your purchases. Shipper's more than 10 miles from our office must pick up purchases at our office, as well as any large items. Auctioneer is not responsible for loss or damage in shipping. Stuart Holman, Auctioneer, is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property. All claims regarding shipping, damage, loss or insurance are solely between the owner of the merchandise and the shipper.
SHIPPING CHARGES: Fees for shipping and insurance will be collected by the shipping agent. Overseas duty charges are the responsibility of the successful bidder. Be aware that for larger and/or valuable items, shipping charges may be substantial.
REMOVAL AND STORAGE OF PROPERTY: If you choose not to have your purchases shipped, we are happy to hold items for you for pick up for up to 21 days. A $12.00 per day, per item fee may be levied after 21 days.
CANCELLATION OF SALE: If purchased property remains in our custody for a period of 60 days following the auction, we may, at our option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other reasonable means. The buyer shall be liable for the payment of all of costs, including but not limited to storage and costs of sale.