AUCTION TERMS
encouraged to inspect and investigate lots
personally or through an agent, receive a
they are interested in prior to purchase. Any
similar benefit as Floor Bidders in being able
AND CONDITIONS
and all statements relating to the lots in the
to actively participate in the live Auction Sale
catalogue, or contained in advertisements or
(“Telephone Bidders”). Therefore, except
promotional materials, are merely statements
as otherwise expressly provided in these
of opinion and should not be construed as,
Terms and Conditions of Auction Sale, LOTS
nor do they constitute representations or
LISTED IN THIS CATALOGUE MAY NOT
warranties of fact or the assumption of any
BE RETURNED FOR ANY REASON
liability on the part of Menish Auctions or
WHATSOEVER BY ANY BIDDER.
the Seller.
AUCTIONEER IS NOT RESPONSIBLE FOR
4. Bidder Registration Required. All persons
ANY ERRORS IN BIDDING. A Bidder
seeking to bid must register to bid at the
should make certain to bid on the correct lot
Auction Sale by completing a registration card
and that the bid is the bid intended. Once the
or bid sheet or have been given permission
hammer has fallen and the Auctioneer has
to absentee bid by Menish Auctions or have
announced the winning Bidder, the Bidder is
registered for this auction on Proxibid. Bidders
unconditionally bound to pay for the lot, even
must be at least 21 years old and may be
if the Bidder has made a mistake. Auctioneer
required to show proof of age. By submitting
reserves the right to withdraw any lot at any
a bid, the Bidder acknowledges that Bidder
time, even after the hammer has fallen, until
has read the Terms and Conditions of Auction
the Bidder has taken physical possession
Sale, the descriptions for the lot(s) on which
of the lot. No Bidder shall have a right to
they have bid, and that they agree to adhere to
claim any consequential damages if a lot is
these Terms and Conditions of Auction Sale.
withdrawn, even after the Auction Sale.
All Bidders are personally liable for their bids,
6. Purchasing/Payment. Subject to fulfillment
whether or not acting as an agent. The Bidder
of all of the conditions set forth
acknowledges that the invoice describing a
herein, on the fall of the Auctioneer’s hammer,
lot by number incorporates the catalogue and
title to the offered lot will pass to the highest
Terms and Conditions of Auction Sale.
Bidder acknowledged and accepted by the
5. The Bidding Process. The Auctioneer
Auctioneer, and thereupon, such Bidder:
may open or accept the bidding on any lot by
(a) assumes full risk and responsibility for
placing a bid on behalf of the Seller, receiving
the purchased lot, and (b) shall pay the
a telephone or internet Bidder, or any other
Purchase Price and all Buyer’s Premium in
Bidder in the Auction Sale. The Auctioneer may
full, in accordance with the conditions set
accept or decline any bid, challenge any bid
forth herein. When applicable, buyers will be
or set bidding increments, as the Auctioneer in
charged sales tax of 6%. Payment is to be
its sole discretion shall determine. All lots shall
made immediately after the auction to Speed
be sold to the highest Bidder as determined by
Art Museum by credit card, preferably or by
the Auctioneer.
cash or check but only with approval by the
Bids must be for an entire lot and each lot
Speed Art Museum.
constitutes a separate sale. No lot will be
7. A Buyer’s Premium of thirteen percent
broken up unless otherwise permitted by the
(13%) of the Hammer Price on each individual
Auctioneer. Lots will be sold in their
lot will be added to all purchases made
numbered sequence unless Auctioneer directs
at the auction. Menish Auctions will not
otherwise. Auctioneer shall have the right in its
assume responsibility for the shipping and
sole and absolute discretion to adjudicate all
packaging of purchased lots. It is the Bidder’s
bidding disputes and shall have the right, but
responsibility to arrange for pick up or delivery
not the obligation, to rescind the acceptance
of purchased lots within two (2) days of the
of any bid and place the lot(s) for Auction Sale
Auction Sale. All purchased lots are at Buyer’s
again. Auctioneer’s decision on all bidding
risk. Bidder acknowledges and agrees that
disputes shall be binding and final.
neither Menish Auctions, nor its employees,
THIS IS NOT AN APPROVAL SALE. Bidders
affiliates, agents, third-party providers or
who physically attend the Auction Sale,
Sellers warrant that the auction will be
either personally or through an agent (“Floor
unimpaired, uninterrupted or error free and
Bidders”) should carefully examine all lots
accordingly shall not be liable for such
which they are interested in purchasing.
events. Bidders shall have no recourse against
Bidders who bid by telephone, either
the Seller for any reason whatsoever.
BIDDING AT THE ART OF BOURBON AUCTION CONFIRMS THAT BIDDER HAS READ AND AGREED TO THE TERMS AND CONDITIONS OF THIS SALE. DO NOT BID IF YOU HAVE NOT READ OR AGEED TO THE TERMS OF THIS SALE. 1. Definitions. As used in these Terms and Conditions of Auction Sale, the following words have the meaning set forth below: Bidder is any person participating, making or attempting to make a bid at an Auction Sale. Buyer is the person who makes the highest bid accepted by the Auctioneer, including the principal of any Bidder acting as an agent. Buyer’s Premium is the commission payable by the Buyer to the Auctioneer in the amount of Ten Percent (10%) of the Hammer Price. Hammer Price is the bid accepted by the Auctioneer by the fall of the hammer, or in the case of a post auction sale, the agreed upon sales price. Purchase Price is the sum of the Hammer Price, Buyer‘s Premium and all applicable taxes. Reserve is the confidential minimum Hammer Price at which the Seller has agreed to sell a lot. Seller is the person, including agents, personal representatives and executors, offering a lot or lots for sale 2. Auction Basics. This is a public auction sale (benefit/charity auction) conducted by Menish Auctions LLC with proceeds benefitting The Speed Art Museum. Prior to bidding, all participants must read the Terms and Conditions of Auction Sale, which describe the terms governing the purchase of lots sold at the Auction Sale. By participating in the auction, a Bidder agrees to be bound by the Terms and Conditions of Auction Sale printed in the auction catalogue, posted on the Auctioneer’s website or posted at the Auction Sale. As auctioneer, Menish Auctions acts only as agent for the Seller. The sale contract for the lot(s) purchased at the Auction Sale is made directly between the Buyer and Seller. Sellers may bid and purchase lot(s) in the Auction Sale consigned by them or by other Sellers. 3. Descriptions. The lot descriptions are based primarily on information provided by Sellers. Each lot has been described as accurately as possible. All Bidders are
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