F I N E AR T T E R M S & c o n di t i o n s CONDITIONS OF AUCTION SALE The following Conditions of Sale, including the appended notes and other information, whether printed or online, as they may be amended by any posted notices or oral announcements before or during the auction sale, constitute the entire agreement between Barridoff Galleries, representing its consignors, and the bidder relative to the item being sold and the conduct of the sale. By registering for or participating in the auction sale, all bidders agree to the terms hereof.
or literature. Bidder should not assume that any such examination, investigation or test has occurred. Barridoff Galleries does not make or agree to make any representation of fact and undertakes no obligation or duty, whether in contract or in tort, with respect to the accuracy or completeness of any statement or representation made by Barridoff Galleries or on Barridoff Galleries’ behalf that is in any way descriptive of any item or as to the anticipated or likely selling price of any item. No statement or representation by Barridoff Galleries or on Barridoff Galleries’ behalf in any way descriptive of any item or any estimate is incorporated into these terms and conditions or agreement for sale with Bidder.
1. The Sale. The contract for sale for any item purchased at auction is between the consignor (seller) and the winning bidder. Barridoff Galleries acts as the consignor’s agent only, unless Barridoff Galleries is selling the item as principal. Items are sold with reserve and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Starting bids may start below the reserve price. If an item does not reach its reserve price, the auctioneer may pass the item. Barridoff Galleries reserves the right to withdraw any item at any time before its actual sale. Bids made must be consistent with the standard bidding increments, and may be varied only upon permission from the auctioneer. A bid received between two increments may be rejected or reduced to the next lowest increment. The buyer is the highest bidder acknowledged by the auctioneer upon the fall of the hammer, which indicates the completion of the sale. The sale of every lot of one or multiple items constitutes a separate sale under Maine law and the Uniform Commercial Code. In the event of a tie bid, the first bid received has precedence. In the event of a bid received as the hammer is falling, it is in the auctioneer’s discretion whether to accept the bid or declare the sale complete. Barridoff Galleries has authority to decide any disputes over the auction process in Barridoff Galleries’ sole discretion, whose decision is final and binding. Bidder understands that any dispute regarding a purchased item is between the consignor and the winning bidder unless the dispute concerns the conduct of the sale or other issue within the sole responsibility and control of Barridoff Galleries.
7. Buyer’s Premium. Barridoff Galleries charges the winning bidder a premium to be added to the hammer price on each item purchased. This premium is equal to 22% of a hammer price up to $500,000, and 17% of a hammer price above $500,000. A surcharge above this premium may be assessed for online sales, the amount of which may vary depending on the specific online platform on which the bidding is being conducted, which will be noted in the terms for that specific platform. A 2% discount of the premium will be given for any item paid for and removed by the end of auction day. 8. Completion of Sale; Payment by Bidder. Upon the fall of the auctioneer’s hammer, the sale is complete and title to the item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility thereof. The winning bidder authorizes Barridoff Galleries to sign a sales record, which is conclusive as to the terms of the sale, on the winning bidder’s behalf. It is expected that the winning bidder has the funds available to pay for the item upon the completion of sale. Payment is due upon completion of the auction and, unless alternate payment arrangements have been made, Barridoff Galleries reserves the right to charge any credit card or other financial account of Bidder on file with Barridoff Galleries at that time or any time thereafter for any amounts owed. All items must be fully paid for, including any additional amounts owed Barridoff Galleries under paragraph 9 or otherwise, and removed from the premises of the auction by the winning bidder at the winning bidder’s expense within 24 hours of the day of sale unless other specific arrangements have been made with Barridoff Galleries. Payment for each item purchased must be made before the item is removed. Only cash, certified check, wire transfer or verified credit card are acceptable as payment methods unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction. All sales are final and no refunds will be given with the limited exception of circumstances under paragraph 11.
2. Remote Bidding. As a convenience to clients who cannot attend a sale in person, absentee bidding, telephone bidding and online bidding options are available. Absentee and telephone bidding registration forms may be found on the Barridoff Galleries website. Any absentee or telephone safety bid given that is not consistent with the published bidding increments may be rejected or rounded down to the next lowest increment. Online bidding may also be available on the Barridoff website and one or more online auctioneering websites as announced by Barridoff Galleries, the conduct for which Barridoff Galleries takes no responsibility. Barridoff Galleries is not responsible for errors and omissions in connection with absentee, telephone, Internet or other remote bidding methods, and mistakes made by Bidder are the responsibility of Bidder and may not be cause to rescind a sale.
9. Post-sale responsibilities of Bidder. Barridoff Galleries is not responsible for any loss by the winning bidder as a result of the damage, loss or theft of an item subsequent to the completion of the sale for that item and encourages Bidder to pay for and remove purchased items immediately after the sale. If an item won at auction is not paid for and removed from the premises within 4 business days after the sale, additional charges under paragraph 10 may apply. Shipping, packing, storage and any related expense of an item are the sole responsibility of the winning bidder of the item.
3. Mistakes by Bidder. Under Maine Law and the Uniform Commercial Code, the bidder with the highest bid recognized by the auctioneer upon the fall of the hammer becomes the owner of the item, even if the bid was made by mistake or otherwise unintentional. Barridoff Galleries takes no responsibility nor will rescind or refund a sale in which the winning bidder claims to have won unintentionally or by mistake. Attention to the item being bid on and the conduct of Bidder’s bidding is the sole responsibility of Bidder. A person who has not registered who bids on and wins an item at the auction sale is deemed to be a bidder and agrees and is subject to these terms and conditions.
10. Bidder Compliance with Terms and Conditions; Remedies Available to Barridoff Galleries. If Bidder does not comply with an applicable term or condition herein, Barridoff Galleries and the consignor have one or more of the following nonexclusive rights and remedies, in addition any other remedy available at law or in equity: a) to hold the winning bidder liable for the total purchase price plus interest of 1 1⁄2 % per month; b) to cancel the sale and retain as liquidated damages all payments made by the winning bidder; c) to resell the item, in which case the winning bidder is liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any item not timely removed; e) to exclude the winning bidder and its agents or affiliates from all future auctions; f) to charge a reasonable storage fee; g) to set off any amounts Barridoff or consignor owes the winning bidder; h) to ship items owned by the winning bidder to the winning bidder at winning bidder’s expense; i) to charge winning bidder’s credit card on file with or available to Barridoff Galleries for any amounts owed. The winning bidder is responsible to Barridoff Galleries for the winning bidder’s premium due Barridoff Galleries under paragraph 7 separate and apart from any other remedy listed in this paragraph. A winning bidder is deemed to have granted to Barridoff Galleries or its consignor as collateral for bidder’s obligations hereunder a security interest in any item of the winning bidder purchased at a Barridoff auction sale, and Barridoff Galleries and the consignor have all of the rights of a secured party in Maine and the law of the location of the item. Barridoff Galleries has all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignor are entitled to all of their costs, including reasonable attorney’s fees, in enforcing their rights and remedies hereunder. Bidder waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property.
4. Information Provided by Barridoff Galleries. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot (See note on estimates in paragraph 11). Statements of condition may be provided. However, these provenances, estimates and statements of condition and any other information provided by Barridoff Galleries or its staff are merely the opinion of Barridoff Galleries and may not be taken as statements of fact to substitute research regarding and inspection of the item by the bidder, more fully described in paragraphs 5 and 6. However, Barridoff Galleries endeavors to provide the most accurate and complete information on an item and to answer to the fullest extent possible any reasonable question, subject to the disclaimers herein. An item may be described as an attribution or “attributed to,” indicating that the authenticity of the item cannot be definitively determined (also see Old Masters in Notes and Other Information, below). Barridoff Galleries and the auctioneer may make corrections and provide additional information as available up to and during the time of sale. 5. Disclaimer for Errors and Omissions; Items sold AS IS; Bidder responsibility to inspect and perform due diligence. Barridoff Galleries is not responsible for errors or omissions contained in the catalog, provided by Barridoff Galleries or presented by the auctioneer or in any other information detailed in paragraph 4. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold “AS IS.” Prospective bidders bear sole responsibility to inspect an item before bidding and perform other due diligence to determine the item’s authenticity, condition, size and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any item or whether Bidder acquires any reproduction rights of the item.
11. Disputes on Grounds of Authenticity. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the auction and must be supported by the written testimony of at least one recognized expert of the specific artist involved, or two recognized experts of the general field or genre in which that artist belongs. Only if the disputed item is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to rescind the sale, the decision of which is at Barridoff Galleries’ sole discretion, an amount up to the purchase price, plus
6. Opportunity for Inspection by Bidder; No Obligation to Inspect or Test by Barridoff Galleries. Barridoff Galleries offers the opportunity for prospective bidders to examine an item and Barridoff Galleries assumes no obligation to Bidder for Barridoff Galleries to examine, investigate or carry out any tests, either in sufficient depth or at all, to establish the authenticity or accuracy or otherwise of any description or opinion of Barridoff Galleries, whether given orally, in writing, on its website or any published catalog
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