Provident Loan - Conditions of Sale - March 2022

Page 1

CONDITIONS OF SALE The property listed in the catalogue will be offered and sold by William Doyle Galleries, Inc. as agent for the “Consignor” on the following terms and conditions: All property is sold “as is” and neither the Galleries nor its Consignor makes any warranties or representations of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and 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 of an assumption of liability. 2. Notwithstanding the preceding condition, if within seven (7) days of the sale of any lot, the purchaser gives notice in writing to the Galleries that the lot so sold is a forgery and, if within seven (7) days after such notice the purchaser returns the lot to the Galleries in the same condition as when sold, and proves beyond reasonable doubt that the returned lot is in fact a forgery and that this was not indicated by a fair reading of the catalogue, the Galleries as agent for the Consignor will rescind the sale and refund the purchase price received by them. All claims must be made within seven (7) days after sale. 3. The Galleries and Consignor reserve the right to withdraw property any time before the actual sale. An article may be withdrawn if the minimum is not bid, in which event the auctioneer shall announce it has been passed or withdrawn. 4. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. 5. The Galleries reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the Galleries’ sale record shall be conclusive in all respects. Owners reserve the right to bid, unless the sale is advertised and announced as absolute and unrestricted. 6. If the auctioneer decides that any opening bid is below the value of the article offered, the auctioneer may reject that bid and withdraw the article from sale; and if, having acknowledged an opening bid, the auctioneer decides that any advance thereafter is insufficient; the auctioneer may reject the advance. The auctioneer may implement the reserve by opening the bidding on any lot by placing a bid on behalf of the seller. The auctioneer will not specifically identify bids placed on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing successive and consecutive bids for a lot or by placing bids in response to other bidders. 7. On the fall of the auctioneer’s hammer, title to the offered lot or articles will pass to the highest bidder who, thereupon (a) assumes full risk and responsibility therefore, (b) will sign a confirmation of purchase thereof, and (c) will pay for the full purchase price therefore or such part as the Galleries may require. 8. All lots are being offered subject to a reserve, which is the confidential minimum price below which the low will not be sold. The Galleries may implement reserves by bidding through it representative on behalf of the Consignor. In certain instances, the Consignor may pay the Galleries less than the standard commission rate where a lot is “bought-in” to protect its reserve. Where the Consignor is indebted to or has a monetary guarantee from the Galleries, and in certain other instances, the Galleries or affiliated companies may have an interest in the offered lots and the proceeds there from other than their commissions; a representative or agent may bid therefore to protect such interests. 9. All property shall be removed from the premises by the purchaser at his expense not later than 5 p.m. on the day following the day of the sale and, if not so removed, may be sent by the Galleries to a public warehouse for the account, risk and expense of the purchaser. If the foregoing Conditions or any other applicable condition herein are not complied with, in addition to the other remedies available to the Galleries and the Consignor by law, including without limitation the right to hold the purchaser liable for its bid price, the Galleries, at its option, may either (a) cancel the sale, retain as liquidated damages all payments made by the purchaser or (b) resell the property on three day notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs including warehousing, the expenses of both sales and the Galleries’ commission at its regular rates and all other charges due hereunder and incidental damages. 10. Unless exempted by law from payment thereof, the purchases will be required to pay combined New York State and local sales tax. The rate of such combined sales tax at present is 8.875 percent. 11. In compliance with the New York State law, all watches included in this sale are described as secondhand. 12. This is a sale of abandoned articles which were pledged more than six (6) months earlier, in compliance with the New York State law. Under the law, holder of the loan ticket has the right to redeem until the property is sold by the auctioneer. This auction is with reserve. 1.


SPECIAL NOTICE TO PROSPECTIVE BUYERS OF JEWELRY Prospective buyers of jewelry should exercise caution. We remind you that colored stones may be enhanced by heating or treatment using oil and natural and artificial resins. We cannot know what treatment stones have undergone prior to consignment, and make no warranty whatsoever to the purchaser of a colored stone as to such stone’s status as natural, heated, or treated. In addition, the weights shown in the catalogue are provided as general guidelines only, and are not intended as precise weights. Please be advised that some weights in the catalogue have been estimated through measurements, and therefore should not be relied upon. We encourage prospective purchasers of jewelry to personally view the lots prior to sale. SPECIAL NOTICE TO PROSPECTIVE BUYERS OF WATCHES Any descriptions of watches in this catalogue are offered as a service to prospective buyers, and are not intended to be a complete analysis of the condition of any watch. References to defects or repairs are not necessarily complete, nor does the absence of such references imply that the watch is in perfect condition. Watches, especially those of some age, are typically repaired during their useful lifetime. We make no representation or warranty that any watch sold is in working order, that it can be repaired to be in working order, or that all of its parts are original. In describing watches, the term “aftermarket” means the addition of non-factory parts, accessories and upgrades. We encourage all prospective buyers to inspect watches to evaluate for themselves their condition. All lots are sold “as is.”


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.