TERMS
TERMS AND CONDITIONS
1. Yair Art Gallery acts as agent for sellers of items to be offered for sale to the public.
2. Yair Art Gallery will produce an internet catalogue for every sale, which will include, among others, a list of items available at the sale, their serial numbers and price estimates.
For the avoidance of doubt, information provided in the catalogue, including price estimates, descriptions of items and any other information concerning the items, are solely for the purpose of information for potential buyers and are in no way to be construed as stand and/or obligation on behalf of Yair Art Gallery and/or its employees and/or representatives.
3. Yair Art Gallery will appoint a person as manager of the sale who will be responsible on its behalf, inter alia, for the execution and management of the auction.
4. The auction will follow the order of the numbers next to the items as set out in the Catalogue.
5. The manager of the sale, at his own discretion and at any stage whatsoever, reserves the right, verbally and/or by written notice, to withdraw or add items to the sale and to add or withdraw from the catalogue any information about an item to be offered in the auction on the basis of information received by Yair Art Gallery after publication of the catalogue.
6.
6.1 The amount mentioned in an offer at a sale by a purchaser which is accepted (`the Hammer Price`) shall be paid to Yair Art Gallery by the purchaser, together with the commission of 24% of the Hammer Price (the Commission) and Israeli VAT on commission only.
Payment to Yair Art Gallery shall be effected immediately upon the conclusion of the auction but, at any event, not later than four business days after the date of the acceptance of the offer by the purchaser.
6.2 Payments to Yair Art Gallery from buyers outside of Israel shall be made by bank transfer (wire) or by PayPal. Personal cheque or bank cheque are not accepted.
6.3 Payments to Yair Art Gallery from Israeli buyers shall be made by bank transfer (wire), personal cheque or cash. Please note that the item will not be given to the purchaser until the cheque clears.
6.3 An item which is priced in US dollars will be calculated in New Israel Shekels in accordance with the Nominal Dollar Exchange Rate on the date of the payment, but not less than the exchange rate on the day of auction.
6.4 A purchaser is liable to pay interest on any delay in payment, at the rate of 2% per month of the amount payable, with adjustments to index-link all outstanding amounts payable to the Dollar Exchange Rate. Interest is payable from the date payment became due up to the date of actual payment.
7. Yair Art Gallery is responsible for the name of the artist or the creator appearing next to the item being auctioned. However all information given by Yair Art Gallery, in its capacity as agent for the consignor, is based on accumulated information.
It is entirely the responsibility of the prospective purchaser to check and inspect the items to determine condition, quality, authenticity, size, authorship during the allocated time prior to the auction.
The purchaser may submit in writing, any allegations regarding the origin of an item and/or the identity of the artist or the creator of the item within 21 days of the sale.
If it is proven to Yair Art Gallery that there has clearly been an error in the information which was given relating to any item, Yair Art Gallery shall refund any monies paid by the purchaser and the item shall be returned to the possession of Yair Art Gallery subject to this obligation, the purchaser shall have no claims and/or further demands with respect to that item.
8. A purchaser is obliged to collect the purchased item and to fulfill his obligations to pay for the item no later than 4 days from the date of the sale of the item.
The purchaser will be liable for all costs, as determined by Yair Art Gallery, which are incurred by Yair Art Gallery as a result of delay by the Purchaser in collecting the item, including storage and security costs.
For the avoidance of doubt, the right to possession of the item will pass only once the purchaser has fully filled his payment obligations as set out in these conditions.
9. Yair Art Gallery will represent, free of charge, potential purchasers who do not wish or who are unable to attend the auction. These potential purchasers are requested to complete the Rights to Bid form in the catalogue, no later than one day prior to auction. Yair Art Gallery will not be liable, under no circumstances, for any error, emissions in connection therewith.
10. Any potential purchaser who wishes to participate in the auction via telephone shall make the necessary arrangements within a reasonable time before commencement of the auction.
11. The courts of Tel Aviv-Jaffa, Israel, shall have the sole jurisdiction in any dispute between Yair Art Gallery and the purchaser or any potential purchaser, based on the details of this agreement and/or related to the sale and/or to the transfer of any item.
Shipping Terms
It is the responsibility of the buyer to remove purchased property at his or her expense after the auction. We do not make shipping arrangements. As a courtesy, upon the buyer's request, we will provide the name(s) and telephone number(s) of packing and shipping service(s) provider(s) in our area. MORTON AUCTIONEERS & APPRAISERS is not liable for any loss, damage, omission, or delay by any packing, shipping, or transport, company or individual.
Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial.
Following the auction, buyers are required to remove all purchased Lots from the premises. MORTON AUCTIONEERS & APPRAISERS assumes no responsibility or liability for any damage or loss to any property that has not been removed from its premises after the auction.
Where property is not collected within ten (10) business days for Domestic Clients and thirty (30) for International Clients from the date of the auction, whether or not payment has been made, MORTON AUCTIONEERS & APPRAISERS reserves the right to subject the purchased lots to storage and moving charges, of $20.00 per lot per day. In the event the purchased Lot is not removed from the premises of MORTON AUCTIONEERS & APPRAISERS within ninety (90) business days, MORTON AUCTIONEERS & APPRAISERS shall have the right, at its sole discretion, to either (i) offer the lot for sale without providing notice to the purchaser and recover any past due storage fees; or (ii) pursue any and all remedies available in equity or at law, including without limitation, statutory remedies provided in Section 7.209 and 7.210 of the Texas Business and Commerce Code. For purposes of these Terms and Conditions, the terms set forth in this Section 13 shall be deemed a "storage agreement" for purposes of establishing a statutory warehouse's lien under Section 7.209 of the Texas Business and Commerce Code.
The buyer assumes full responsibility for any and all moving and/or storage fees. MORTON AUCTIONEERS & APPRAISERS assumes no responsibility for any damage or loss associated with the transportation, delivery or storage of property.
