Terms & Conditions of Sale
TERMS & CONDITIONS OF SALE & LIMITED WARRANTY
Our email address is: info@stanfordauctioneers.com; our website is www.stanfordauctioneers.com.
Each lot in this catalogue is subject to the following Terms & Conditions of Sale & Limited Warranty ("T&C"), as supplemented in writing or otherwise by Stanford Auctioneers, Inc. ('SA") prior to the sale. By registering to bid at auction, by placing a bid or offer by any means, or by purchasing a lot or property after-auction/after-sale or private sale, whether or not the lot or property is included in the present auction, you agree to these T&C, including those available by hyperlink at our website. We may amend these T&C at any time by posting the amended terms on our website. Except as stated below, all amended terms shall automatically be effective on a prospective basis once they are posted on our site. These T&C may not be otherwise amended except in a writing signed by you and SA. "We," "us," "our," 'Stanford Auctioneers," 'SA," and all other similar terms refer to Stanford Auctioneers and its agents; "you," "your," "buyer," or similar terms refer to a person bidding on or buying property.
AUCTIONEER
Stanford Auctioneers conducts business as an auctioneer commission-agent in its own name on behalf of its voluntary consignors and from time to time on its own behalf.
CATALOGUE INFORMATION
All auction catalogue information posted on-line at any Internet live bidding platform website, including but not limited to the auction Cataloguing Practices, Auction Material, Duration and Time of Auction, Buyer's Premium, Condition, Types of Bidding and Bidder Responsibilities, Payment, Shipping, Lots Per Hour, Taxes, Terms & Conditions, Contract, and Registration, is hereby incorporated as part of these present T&C. Any pre-sale announcements made by the auctioneer immediately prior to the start of the auction are incorporated herein as well.
AUCTION DATES AND TIMES
Auction dates and times, as well as the number, character, order, and schedule of the items to be auctioned are set by SA and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor may not be included in the online live auction services catalogues. Any audio or video aspects of a live auction event are for entertainment purposes only.
DURATION AND TIMING OF AUCTION
Please note that we utilize both "traditional" auctions and timed auctions. In our traditional auctions, we start with lot #1 and continue in numerical lot order until we sell the last lot. Some lots sell quickly, others take a while. We sell approximately 150 to 200 lots per hour, so you should be able to calculate roughly when the lot(s) you are interested in will be up for sale. The duration of the traditional auction is approximately three to six hours long, and we have no way of knowing precisely at what hour or minute your lot(s) will be up for sale. Timed auctions utilize a time certain, the exact time when the lot closes.
DESCRIPTION AND CONDITION OF LOTS
All objects put up for auction may be viewed and examined prior to the sale, by appointment. Previews are not available on the sale date. Catalogue descriptions are created with as much care as possible, but are OPINION ONLY, and the descriptions do not fall under any statutory paragraph for guaranteed legal characteristics. Solely as a convenience, SA may provide condition reports. Many items are of an age or nature that precludes their being in perfect condition. Some descriptions in the catalogue are given by way of a condition report (made either orally or in writing), which makes reference to damage and/or restoration. We provide this information for guidance only, without legal obligation, and the absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Bidders are urged to ask for condition reports as early as possible before an auction, and there is no guarantee we will be able to fulfill all requests for condition reports.
Any representation or statement by SA in any catalogue, brochure, or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, dimensions (all are approximate), provenance, condition (see next paragraph below), or estimated selling price for an object in a lot is a statement of opinion only. Every person interested should exercise his own judgment as to such matters, and neither SA nor any of its agents are responsible for the correctness of such opinions. Except as stated under Limited Warranty in the paragraphs below, all property is "SOLD AS IS"/"SOLD WHERE IS" with no representation or warranty of any kind from SA or the consignor. Buyers or their agents are advised to personally examine any property, prior to the auction, on which they intend to bid.
As all lots are sold AS IS, WHERE IS, there will be NO RETURNS BASED ON CONDITION. Many items are of considerable age and will exhibit wear, usage, and damage often NOT LISTED IN THE CATALOGUE ENTRY. Some descriptions in the catalogue entry for an object in a lot may or may not refer to specific damage and/or restoration and, as we provide this information for guidance only, without legal obligation, the absence of certain condition remarks in the catalogue entry DOES NOT mean the item is in perfect condition. Condition, like beauty, is in the eye of the beholder. When we list condition information for a lot, it is our opinion only. The absence of condition information does not mean the item is in perfect condition. Certain objects, such as watercolors, drawings, prints, posters, photographs, and photogravures, among others, may be affixed to mounting boards or support sheets, either contemporary or modern, and these may or may not be noted in the catalogue description. The condition of frames is not guaranteed. We urge you to request a full condition report for any items in which you have an interest. We recommend that every interested party exercise the best judgment possible based on direct physical examination of the property, as there is ABSOLUTELY NO RETURN BASED ON CONDITION.
CATALOGUING PRACTICES
The following are some, but not all, of the practices used by Stanford Auctioneers in the cataloging of individual lots for sale:
1. Authorship of lots. Authorship for each lot is indicated using the following descriptions (with Henri Matisse as an example): Henri Matisse: In our opinion, a work by the artist. Henri Matisse, par/imputée [by/attributed]: In our opinion, most probably a work by the artist but our certainty as to authorship is not complete; generally used for two dimensional objects such paintings, drawings, etc. Henri Matisse, imputée [attributed]: In our qualified opinion, probably a work by the artist and from the period of the artist but less certainty as to authorship is expressed than in the second category. (Thus, par/imputée and imputée works are specifically excluded from the guarantee of authorship, as are studio of, circle of, style of, follower of, manner of, and d'apres). Henri Matisse (studio of): In our opinion, a work by an unknown hand in the studio of the artist which may or may not have been executed under the direction of the artist. Henri Matisse (circle of): In our opinion, a work by an unknown hand closely associated with the named artist but not necessarily his student. Henri Matisse (style of) or (follower of): In our opinion, a work by an unknown, nearly contemporary or contemporary hand working in the artist's style but not necessarily his student. Henri Matisse (manner of): In our opinion, a work in the style of the artist and of a later date. Henri Matisse, d'apres [after]: For paintings, drawings, watercolors, and similar one of a kind objects, in our opinion, a copy of a work of the artist; For multiples, such as prints, posters, photographs, sculptures, and similar objects, a copy of a work of the artist which may or may not have been authorized by the artist and which may or may not have been signed by the artist.
2. Dates. Dates are ascribed as closely as possible, with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return because of date inaccuracy. Most lots include "matrix" date information. In the case of one of a kind objects (such as paintings, watercolors, etc.) the matrix date is the date the object was created. For "multiple" objects, such as most prints, posters, sculptures, photographs, etc., the matrix date is the creation date of the matrix from which the object is then derived. If known, we may list the "printed" date, the date that the multiple offered was printed. When we don't know the exact matrix date we may put "c" for circa, as in c1931, or we may omit this entirely. If we don't know the exact printed date we may use "c" or "printed later," or we may omit this entirely.
3. Dimensions. Measurements of the image and the matrix material are generally in 1/16 of an inch, height before width before depth, with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return due to size inaccuracy. Intaglio prints are measured from the platemark; paintings, drawings, planographic prints, etc. are measured from the image. In the case of fine prints, posters, etc. we strive to note both image size and the sheet/paper size. In the case of posters, the image size generally is the size of the actual image itself, not including "letters" (any text, whether exhibition information or otherwise, unless the letters form part of the original image matrix).
4. Title, Edition, Paper, Margins, Catalogue Raisonne, Provenance. The Title may be as given by the Artist or may be descriptive; Medium if applicable and available; Edition size and individual number if applicable and available; Paper type if applicable and available; Margins if applicable and available; Impression quality if applicable and available; Catalogue raisonne number if applicable and available - please note that we occasionally use "cf.", the Latin abbreviation for the word "confer", which translates to English as "compare to", and does not imply that the catalogue number referred to is in fact the catalogue number for the object catalogued - rather, there is a similarity to the object and the catalogue image may be helpful to the viewer; Provenance if available: we describe these aforementioned categories as accurately as possible with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return due to any cataloguing inaccuracy in these categories.
5. Medium. The medium used in any creation of a work of art is not always clear nor precise, especially in the instance where the artist uses multiple mediums. In our cataloguing, mediums are ascribed as closely as possible, with no guarantee as to their absolute accuracy, and objects (lots) are not subject to return because of medium inaccuracies.
6. Signature.
a. Fine Art. "Signed" (or) "Hand-signed": in our qualified opinion, an autograph signature by the artist; "Bears signature" (or) "With signature": in our qualified opinion, may or may not be an autograph signature by the artist; (or) "Bears spurious signature" (or) "With spurious signature": in our qualified opinion, not an autograph signature by the artist; "Complimentary signature:" in the case of prints and posters indicates, among other things, that the object may or may not have been part of the regular edition and that the artist applied his/her signature in a complimentary manner, possibly well after the printed or issue date of the object. After an edition is printed the artist sometimes receives prints/posters that are in fact overruns, and are obviously unsigned. In this case sometimes the signature is applied by the artist shortly before gifting, selling, or donating the work. Signatures on most fine art non-editioned posters are complimentary, understood as such, hence are not noted as complimentary in the lot description. Since it is sometimes unclear whether or not a signature is complimentary, not all complimentary signatures may be noted as such; 'signed in the matrix (or) stone (or) bronze (or) plate (or) image (or) negative:" in the case of multiples, the autograph signature of the artist in the matrix itself, which then becomes part of the matrix (sometimes referred to as a "printed signature" or an "inscribed signature").
b. Photographs.
i. A photographer's written name. "Signed" (or) "Hand-signed": in our qualified opinion, an autograph signature by the photographer; "Bears signature:" in our qualified opinion, may or may not be an autograph signature by the photographer; "Bears spurious signature": in our qualified opinion, not an autograph signature by the photographer; "Complimentary signature:" in the case of photographs indicates, among other things, that the object may or may not have been part of the regular edition and that the artist applied his/her signature in a complimentary manner, possibly well after the printed or issue date of the object.
ii. A photographer's stamped name or personal logo. 'stamped with the photographer's stamp:" Indicates that the object is stamped with the photographer's official stamp or stamps, generally by the photographer or a designated individual; 'stamped with the photographer's name:" Indicates the stamp is intended as a means of identification of the photographer of the object and is not the photographer's official stamp. Stamping with the photographer's name is used by foundations, museums, galleries, collectors etc.
7. Photogravures. There are numerous processes for producing a gravure print from a photograph, including but not limited to Photogravure, Heliogravure, Halftone Gravure, Neogravure, Rotogravure, Duotonegravure, Tritonegravure, Screengravure, Plategravure, Aquatint photogravure, Dust-grain photogravure, Sand-grain photogravure, Magnagravure (Magnavure), Photoetching, etc. Since even for full-time photography experts it is sometimes difficult to distinguish between them and the fact that "gravure" is a term of art in the French language often referring to an intaglio print such as an etching, we have chosen to catalogue all the gravure methods listed above, as well as any other related processes, whether sheet-fed, continuous roll, or hand, as Photogravures. These prints may or may not be editioned, by definition some may derive from a photo-mechanical process and may come from portfolios, periodicals, publications, and the like (perhaps the most famous publication example being Alfred Stieglitz's "Camera Work"). They may or may not be affixed to either contemporary or modern mounts and are sometimes printed on thin paper.
8. Copyright notice. From time to time, at the end of a cataloguing entry for a particular lot, we may include a statement like or similar to these examples: "Image copyright © The artist or his assignee(s)" or "Image copyright © Artists Rights Society (ARS), New York." Many art price compilation sites (e.g. askART.com), museums, art dealers, auctioneers, etc. use this statement or similar ones to indicate that the image the viewer is viewing is under copyright and may not be used without the permission of the copyright holder or agent, in these examples the Artist/assignee(s) and the Artist Rights Society. In the case of a work is being offered for sale the phrase indicates that, while the artwork itself is being sold, the image of the artwork is not, as the image is owned by the copyright holder and that the successful bidder is buying only the object itself, not the right to reproduce, sell, etc. the image of the work itself.
PROVENANCE INFORMATION & DOCUMENTATION
Documents furnished to SA in connection with objects being offered for sale by us may be subject to confidentiality, privacy, and/or contractual statutes and concerns and may not always be available to prospective and successful bidders. There is no guarantee that any object in any lot will be accompanied by written provenance information, whether or not the lot description bears a statement of provenance. Generally, with lower priced multiples such as prints, posters, photographs, etc., provenance information is seldom encountered. Provenance information is often furnished to SA by the consignor, is provided in catalogue descriptions only as a matter of information, not fact, unless indicated otherwise, and SA solely assumes no responsibility for its representation and/or accuracy.
CATALOGUE AND ON-LINE IMAGES
We strive to present as accurately as possible any object pictured in our printed or on-line catalogues. Because of the different methods used by on-line auction bidding platforms to upload images, which can result in the distortion of, or an addition to, a particular object, and the color differentiation and variation of various computer monitors, and other factors relating to the Internet, there are absolutely no returns due to variations between images as pictured in the on-line catalogue and the actual object itself.
Often artwork is pictured framed; the frames may be exhibition frames, not part of the purchase price of the lot. If the catalogue description indicates that the object is framed, then the frame is part of the purchase price. If no indication is given that the object is framed, then the object is being sold unframed.
From time to time we are consigned for auction multiple impressions of prints and posters which are identical in every respect except the signature (when the object is signed). During and/or after the live auction we may sell two or more of these signed impressions. If your primary interest is in the signature and not the object itself, and you would like to receive the object pictured in the auction catalogue with the signature as pictured in the auction catalogue, kindly contact us within 48 hours after the auction has concluded. If you do not, you may receive an object identical in every respect except the signature, the lot is not subject to return, and you agree to hold us and our consignor harmless in this instance.
Occasionally there may be a discrepancy between the image of an object in the on-line and/or printed catalogue and the catalogue text description of same. If this is the case, the catalogue text description is presumed correct, takes precedence over the image, and no returns will be accepted, or liability on SA's part incurred, due to this type of discrepancy. We urge you to contact us before your purchase if you notice a situation such as this.
From time to time you may notice that an item from a lot in a previous auction is being re-offered/re-listed. Some, but not all, of the reasons for this include a winning bidder in a previous auction not paying for the item, multiple impressions of the same item consigned to us by the same or different consignor(s), and the item being offered with a reserve and the reserve was not met. If the exact same item is being re-offered/re-listed the previously used image generally is used in the catalogue. If the lot is a multiple impression of a previously offered item then a new image is generally, but not always, used. In both of these instances the lot is not subject to return.
CONSIGNMENT
Except as noted in this paragraph, all lots in the sale are offered for the account of a third party Consignor, without any interest (direct or indirect) of the auctioneer or SA. Where SA or an affiliate of SA is the sole or partial owner of the property, there is no symbol at the end of the catalogue lot description. Where the lot is offered for the account of a third party, it is noted by the "plus" symbol (+) at the end of the description of that lot. Under no circumstance will the Consignor receive any rebate commission nor may the Consignor bid upon or buy back his own property.
On occasion, SA has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the Consignor that is secured solely by consigned property. This indicates both in cases where SA holds the financial interest on its own, and in cases where SA has financed all or a part of such interest through a third party. Such third parties generally benefit financially if a guaranteed lot is sold successfully, and may incur a loss if the sale is not successful.
In the event that you have a dispute with one of our consignors, you release SA (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
When contacting us about a possible consignment of "flat art" (paintings, prints, posters, etc.) please note that we focus almost exclusively on consignments where the artist has signed the work with an autograph signature, especially in the case of fine art prints and posters. Provenance information and applicable paperwork enhances the chance of our accepting the consignment(s).
Consignors may or may not be paid immediately upon the sale of their lots, but, assuming SA has received good funds from the buyer, in no event will they be paid later than 45 days from the date of sale of their property. In its sole discretion, SA may pay consignors for sold goods before SA receives the payment from the buyer. Any amounts due to SA by the Consignor, e.g., shipping charges paid by SA on incoming consignments, will be offset by sales proceeds due to Consignor.
In certain instances, in its sole discretion, SA may extend credit to a consignor based on the anticipated sale of the consignor's property in a forthcoming auction and/or aftersale.
All consignor information is held strictly confidential. SA's Consignment Agreement contains a contractual clause stating that SA will not divulge the name of the consignor, or any details of same, or any artwork consigned, or any financial arrangements made, etc. to any individual or entity.
AUCTION CONSIGNMENT COSTS & CONTRACTURAL ARRANGEMENTS
SA does not charge a commission to the consignor/seller on the hammer price of an item sold at its auctions. There is no charge to the seller for insurance, photography, color printing in the catalogue, buy-in fee, etc. The consignor/seller is liable only for shipping the item to SA, and in the event it goes unsold, the shipping, handling, and packing costs of sending the item back to the seller.
SA's quid pro quo for the absence of any fees charged to the consignor/seller involves contractual arrangements, including but not limited to, allowing it to control the sale of the artwork for at least one year; the ability of SA to continuously offer the artwork for sale in multiple auctions until and if sold; SA's ability to offer the artwork by private treaty in the event that it goes unsold at an auction or SA in its sole discretion determines the artwork best sold by private treaty; and other arrangements.
PRIVATE TREATY SALES
SA engages in "private treaty" sales where it does charge a commission for its services. The amount of the commission is negotiated between the consignor/seller and SA. A private treaty sale is basically the sale of an artwork by negotiation and involves buyers making offers on an artwork which either result in an offer being accepted or negotiation on the price between the buyer and seller.
Some of the advantages of selling by private treaty through SA are: the possibility of receiving a higher price due to the fact that each potential buyer does not know what the other potential buyers have offered; an extended sale period in which to reach a selling price; less pressure than selling at auction.
Some of the disadvantages of selling by private treaty through SA are: the commission that SA charges can be substantial; the selling process can take a considerable amount of time; the public competition that is generated at an auction is removed; it requires more input and involvement by the seller
BUYER FINANCING & EXTENDED PAYMENT
From time to time SA may extend credit to the buyer to enable the purchase of lots at auction and/or aftersale. Please contact us for more information.
BIDDING AT AUCTION
All prospective bidders are required to register with SA in advance of the sale, although we occasionally may approve bidders during the course of the auction itself. We may require photo identification and bank references for registration, and in all cases we require an email address. By bidding at the auction, the buyer assumes personal responsibility to pay the purchase price bid, plus the buyer's premium and any additional charges that become due and payable in connection with the purchase of property. Approval of the bidder to bid is at the discretion of SA. Approval to participate in one auction does not guarantee approval to participate in any other auction. By registering for one of our auctions or purchasing from us after-auction/aftersale you grant us permission to inform you by email, postal mail, fax, telephone, or social media of our upcoming auctions and any subsequent after auction/aftersale events.
Please note that third-party on-line bidding companies, which allow bidders to participate in our auctions on a real time basis, have varying regulations and restrictions over which we have no control. For instance, one prominent third-party on-line bidding company will accept new accounts from bidders resident in six countries only (United States, Canada, United Kingdom, Ireland, Australia, and China). This particular restriction is beyond our control. However, another prominent third-party on-line bidding company accepts new accounts from bidders resident in over 100 countries. If you experience any difficulty in creating an account with a third-party on-line bidding company, please contact us and we will be happy to give you a referral to a company that can accommodate you.
We accept floor bids, absentee (advance/left/order) bids left directly with us before or during the auction, telephone bids during the auction, and internet bids (either left with a on-line bidding platform before or during the auction or bidding live during the auction). We do not accept unlimited/buy bids. If you wish to attend the auction, please contact us for the auction location.
For absentee/advance bids to leave with us directly, you can print out the bidder's form from our website and fax, email, or mail it to us, or you can call and/or email to leave bids directly with us. If you email bids to us, in your email please ask us to confirm receipt of same. Absentee/advance bids left with us cannot be withdrawn after one hour before the beginning of the auction. If the auction date should change, all absentee/advance bids that have been left with us for that particular sale will be honored and executed on your behalf during the auction on the rescheduled date, and said bids cannot be withdrawn by you. If you have questions on absentee/advance bidding, please feel free to call or email us.
To arrange telephone bidding, please consult the absentee/telephone bid form found at our web site and then call us. All lots in our auctions, regardless of pre-sale estimate prices, are available for telephone bidding. Please note, however, that if you are approved for telephone bidding you are expected to bid at least the published starting bid/opening price (generally the reserve) of the lot(s) you have registered to bid on. A limited number of telephones are available, so please sign up for telephone bids as soon as possible before the auction.
Registered bidders, whether on the floor, telephone, absentee/advance, or bidding live via the Internet, are responsible for all bidding activity on their account.
By submitting absentee/advance bids on-line the bidder authorizes the third-party on-line bidding company to instruct SA to bid up to the maximum amount left by the bidder with the on-line bidding company. If identical absentee/advance bids are received, the earliest bid received will prevail. SA assumes no responsibility for any errors resulting from executing bids or on-line technical difficulties. Absentee/advance bids left on third-party live auctions platforms are not the same as bids left with SA directly. They are executed from a proxy computer terminal in the room against bidders on the telephone, in the room, live Internet bidders, and absentee/advance bids with the auctioneer. Tie bids may occur between live auction bidding platforms absentee/advance bidders and other bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choice, generally the floor bidder or a bidder who has left a bid directly with us and not through a third party.
SA at its discretion reserves the right to refuse participation in the auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee/advance bid. SA reserves the right not to accept bids via Internet bidding for lots of high value. If you intend to bid on high value lots, please contact us before the sale. Please note that registrations may or may not be approved during the course of the sale.
SA does not allow live Internet bidding from floor bidders during its auctions. People in attendance at the auction are not permitted to use computers during the auction, including but not limited to laptops, iPads, iPhones, 'smart phones" or any other type of electronic device that allows access to the Internet. Any bidding by a floor bidder via any of these methods will result in the immediate cancellation of the bidder's bids, the bidder being asked to leave the rooms immediately, and the denial of future bidding with SA by any method.
Internet bidding has limitations. Technical problems may prevent Internet bids from being entered or may interrupt the live bidding process. When this happens, the system may incorrectly clerk a winning bid to an Internet bidder. The auctioneer is the sole determiner of the winning bidder. Random bidding patterns may result in a floor bidder being awarded an item at an amount that matches an Internet bidder's previously entered maximum bid price. In this instance there is no mechanism for settling this issue based on which bid was entered first. Third-party bidding platforms do not reveal bid amounts. They only relay bids one increment at a time up to the maximum proxy bid amount which could, due to the back and forth of auction bidding, match the last bid entered by a floor bidder.
Your bid/purchase is a legally binding contract. Place a bid or make an offer only if you're serious about buying the item. If you are the successful and winning bidder/buyer, whether during or after an auction, you immediately have entered into a legally binding contract to purchase the property bid on/purchased from the seller. You should contact SA to resolve any questions before bidding.
On the fall of the auctioneer's hammer, title to the offered lot will pass to the acknowledged bidder. At that time, the buyer assumes all risk of loss and damage to the property, and in addition any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, and export of property. The highest bidder acknowledged by the auctioneer shall be deemed the buyer. The successful buyer is obliged to accept and pay for the lot. Ownership only passes to the buyer when full payment has been received. The buyer, however, immediately assumes all risks when the goods are knocked down to him. In case of identical bids, determination of the winning bidder shall be left to the sole discretion of SA.
SA has the right, in its absolute discretion, to determine the conduct of the sale and the after-auction/after-sale and any private sale as it sees fit. It reserves the right to advance bidding, to reject bids, to combine lots, to split lots, to re-offer and resell lots, to withdraw lots before the actual final sale, and to award disputed lots to the bidder of its choice, both during and after the auction. In any such case, the judgment of SA is final, and shall be binding upon all participants.
In the case of a written bid, the bidder commissions SA to place bids on his behalf during the auction. In cases where there is a discrepancy between lot number and title/description in a written bid, the number shall prevail. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid. If requested prior to the sale, we will use reasonable efforts to contact the buyer by telephone to conduct a phone bid on the day of the sale, but we assume no responsibility for errors or omissions made in connection with any such arrangement. As a convenience to buyers who cannot be present on the day of the sale, we will use reasonable efforts to execute, on a competitive basis, bids left with us via the Internet, whether by absentee/advance or a live bidding program. We assume no responsibility for failure to execute any such bid, or for errors or omissions made in connection with the execution of any such bid.
All lots may be offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. SA may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. SA may continue to bid on behalf of the seller up to but not above the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. In no case will the reserve be higher than the published pre-sale low estimate.
The pre-sale estimates provided are intended as a guide to bidding. The figures are often educated guesses, generally based on recent values. A bid between the listed figures would, in our opinion, often have a chance of success (at the time when the catalogue was prepared). The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction. The bidder shall be the sole judge of value, whether the lot is purchased during the auction or at after-sale.
Buyers are advised that there may be additional terms and conditions governing the use of Internet bidding platforms utilized by SA including, but not limited to, those providing for additional charges and fees relating to the execution of such bids. Buyers are therefore advised to familiarize themselves with any such terms and conditions prior to utilizing any Internet bidding service.
BID INCREMENTS
The auction will be conducted using the following bidding increments:
From $0 to $99 = $10 increment
From $100 to $499 = $25 increment
From $500 to $999 = $50 increment
From $1,000 to 2,499 = $100 increment
From $2,500 to $4,999 = $250 increment
From $5,000 to $9,999 = $500 increment
From $10,000 to $24,999 = $1,000 increment
From $25,000 to 99,999 = $2,500 increment
From $100,000 to 199,999 = $5,000 increment
From $200,000 and up = $10,000 increment or the auctioneer's discretion
The auctioneer has absolute discretion as to the amount and timing of increments and may change them at any time during the course of the auction.
BUYER'S PREMIUM
The buyer's premium ("BP") refers to a percentage amount on the hammer price (winning bid amount at auction) of the lot that is paid by the winning bidder. Among other uses, it covers administrative expenses related to a traditional auction that is also available live on the internet. In addition, it includes the fees that the third-party auction "aggregators" charge the auctioneer to host the auction online. The BP is applicable to all successful purchases of lots initially offered for sale in any live SA auction and applies to lots purchased by floor bidders, telephone bidders, absentee bidders, internet bidders, and "off-line," after-auction, and after-sale bidders. In its sole discretion SA may reduce or eliminate the buyer's premium percentage amount that is paid for any said lot(s) by any such bidder.
Our current increments and premium percentages are as follows:
From $ 0 to 99,999 BP % 24.50
From $100,000 to 499,999 BP % 16.50
From $500,000 and up BP % 8.50
AFTER-AUCTION/AFTER-SALE SALES AND PRIVATE SALES
From time to time, registered bidders and private individuals may make offers on property consigned to or owned by SA. When making an offer on passed lot from a prior auction, or on any property owned by SA or offered for sale through SA by its consignors, whether the offer is made verbally in person, or by telephone, by mail, by email, by fax, or by any other method, and that offer is accepted by SA on behalf of its consignor or on behalf of its own account, the buyer has immediately entered into a legally binding contract, as if the purchase had been made during an SA auction, and the buyer is subject to all the duties and responsibilities of a successful auction bidder. Once an offer has been made by you and accepted by the consignor, you may not withdraw the offer without the consent of the consignor.
If you are making an offer on multiple lots, please submit your offer per lot, not a single bulk purchase price for a number of lots. Please submit a "hammer price" offer, to which we will add the buyer's premium as applicable.
These T&C shall govern any private sale of property by us not made through auction, including all transactions conducted after an auction, heretofore and hereinafter referred to as after-auction, after-sale, aftersale, post-sale, private sale, private treaty purchase(s), or other similar terms, and by purchasing any object from SA you agree to be immediately bound by these T&C. These transactions may include objects not offered for sale in the immediately prior auction as well as any objects that SA has in its possession, whether consigned to SA or owned outright by SA, that SA is offering for sale. All private and after-auction/after-sale purchases are subject at SA's discretion to the respective buyer's premium, as applicable, as well as all costs related to shipping and handling.
PAYMENT INFORMATION
We offer a FIVE PERCENT (5%) CASH DISCOUNT from the total invoice amount (hammer and premium) if payment is made by check or wire transfer. Upon the fall of the auctioneer's hammer, the buyer assumes all risk of loss and damage to the property, and in addition, any obligations, costs, and expenses relating to the handling, shipping, insurance, tax, export, and storage of property. Buyers are required to pay for purchases immediately following the auction unless other arrangements have been made in advance of the auction. Payments must be made in US Dollars. A buyer's premium (a surcharge that a winning bidder is required to pay in addition to the auction hammer price) will be paid by the purchaser on the total amount of his lots. All purchases picked up by the buyer, or shipped within the state of Arizona, will be subject to state sales tax unless the buyer has provided us with a valid certificate of exemption from such tax. Purchases shipped outside of Arizona are not subject to sales tax.
If payment is made by the buyer with a credit/debit card (Visa or MasterCard), the buyer, by his or her acceptance of these T&C, waives his or her right to file a dispute involving a "chargeback" for the item(s) purchased using the Charge Card Association's/Visa's/MasterCard's "Reason Code 53: Not as Described or Defective Merchandise" or similar language. The buyer's sole remedy in instances where the buyer believes the item was not as described/catalogued is to follow the steps outlined under "Limited Warranty" in these T&C. Items are not returnable due to the condition of the item, as specifically outlined numerous times in these T&C. When successfully bidding on a lot(s) or purchasing from us aftersale/afterauction and using a debit/credit card to pay for the purchases, you hereby authorize us to retain the credit card information for a reasonable time period following the purchases, to facilitate later charges for shipping, further purchases, and so forth.
If after seven (7) days from the auction date, or the SA invoice date for after-auction/after-sale and private sale purchases, we have not received payment for lots purchased, we reserve the right, and you hereby grant us permission, to charge your credit/debit card on file for the payment due, which may include applicable shipping charges. If you make an offer in our aftersale, which offer is accepted by our consignor, we reserve the right to immediately charge your credit/debit card. Furthermore, by acceptance of these T&C, you agree that you will not dispute this payment with your credit/debit card issuing institution. Any charge made by SA under this provision shall be credited against all amounts owed to SA under the T&C, and shall in no way limit or restrict the exercise of SA's rights and remedies available at law or in equity with respect to payment of all other sums owed by the bidder to SA.
We reserve the right to delay delivery of any property until the clearance or collection of funds in connection with any payment and, in any event, ownership of the property shall not pass to the buyer until collection of funds has occurred. If you purchased lots during the auction via the Internet and if your invoice(s) are unpaid ten days after the auction date, we may file a dispute/non-paying bidder report with the Internet bidding platform company you used to place your bid(s), as well as other auction platform sites with which we are affiliated, in our sole discretion. If you fail to pay promptly as outlined above, we may impose Administrative Burden fees (the equivalent of collection fees) and add the total of these fees to your outstanding balance. The Administrative Burden fee also applies if you purchased lots during the sale directly with us (floor, absentee, telephone) or after the auction in our after-auction/after-sale or private sale periods.
Your successful bid is a legally binding contract. In the case of unpaid balances, we may enforce our legal rights through court action. If so, any costs incurred by SA in the preparation for court action (contact by SA with its attorneys, letter(s) from SA's attorneys to the non-paying bidder, etc.) are immediately accruable to the buyer and immediately due and payable by the buyer, even in the event that the matter does not end up in a court filing. These fees must be paid, in addition to the hammer price and premium of any lot(s) purchased, before the property is released to the buyer.
If immediately after the auction date we have not received payment for lot(s) purchased at auction, we reserve the right to cancel the sale of the lot(s) to the buyer. If after ten (10) days from the auction date we have not received payment for lot(s) purchased at auction, SA may, in its sole discretion, retroactively charge interest to the buyer from the date of the purchase(s) on the entire unpaid balance at the rate of twelve percent (12%) per annum. This amount is due and payable immediately and is added to all other outstanding balances and must be paid before any property is released to the buyer.
We may also report all outstanding unpaid balances to the buyer's applicable credit bureau(s) (Consumer Reporting Agency; Credit Reference Agency) including but not limited to the following countries, as follows:
United States: Experian, Equifax, TransUnion
United Kingdom: Experian, Equifax, Callcredit
Canada: Equifax, TransUnion, Experian
France: SCRL
Germany: Schufa, Creditreform
Australia: Veda Advantage
Mexico: Equifax, TransUnion
South Korea: KCB, KIS, NICE
Spain: Credinformacoes
Italy: Experian, CRIF, CTC
Austria: KSV
Ireland: Irish Credit Bureau
Netherlands: Equifax
Sweden: Soliditet AB, UC
Turkey: KKB
In some cases, SA may allow a winning bidder/buyer to pay a partial amount of the total amount due with a subsequent payment or payments necessary to pay the balance in full. After the initial partial payment(s), if at any time SA in its sole discretion determines that the bidder is unable or unwilling to complete the transaction by paying the balance in full, SA reserves the right to cancel/rescind the transaction and return the buyer's initial payment(s) (less any applicable fees and/or liquidated damages, up to and including the full amount of the partial payment made) to the buyer; or, SA may file suit against the buyer for non-payment; or, in the case of the purchase of multiple lots, SA, in its sole discretion, may choose which purchased lots will apply towards the partial payment(s) made and cancel the balance of the transaction. In any event, buyer shall have no recourse against SA or its consignors in these instances.
Auction lots, without exception, will be handed over only after payment has been made. Storage and dispatch are at the expense and risk of the buyer. Charges for dispatch, packing and insurance are billed separately. Unless buyer has arranged for shipping of fully paid for lots by SA, all property must be removed from SA's premises by the purchaser, at his expense, no later than fourteen (14) days following its sale, and if not so removed may accrue reasonable storage fees and/or interest at SA's discretion. If fully paid for property is not picked up, or buyer has not arranged for shipping by SA, within sixty (60) days following the auction/aftersale sale date, the property may be considered abandoned and forfeit and revert to the consignor or SA. Likewise, in the case of multiple purchases at auction and/or after-auction/after-sale or private sale, whether in previous or current auctions, whether on one invoice or several, where the buyer attempts to rescind part of the transaction, by choosing to pay for one lot(s) but not another/others, the buyer's fully paid for property may be considered abandoned and forfeit and revert to the consignor or SA, if the entire amount of the buyer's purchases are not paid for within sixty (60) days following the auction/aftersale sale date.
All property purchased by the buyer, whether at auction and/or in an after-auction/after-sale or private sale, whether in previous or current auction(s) and/or after-auction/after-sale or private sale, must be paid for in full before any of the property is released to the buyer. In the case of multiple purchases at auction and/or after-auction/after-sale or private sale, whether in previous or current auctions, whether on one invoice or several, the buyer may not rescind part of the transaction, by choosing to pay for one lot but not another. All purchases of any kind from all prior and current auctions whatsoever must be paid in full by the buyer and then all purchases will be released in full to the buyer.
The buyer is liable for acceptance of goods and for payment. In case of delayed payment the purchaser will be held responsible for all resultant damages, in particular interest and exchange losses. In such an event, SA reserves the right to annul the purchase contract without further notice, and to claim damages from the buyer for non-fulfillment. Accordingly, SA may re-auction the goods at the buyer's expense, in which case the buyer is liable for any loss incurred. The buyer shall have no claim if a higher price has been achieved. The buyer will not be permitted to bid on the re-offered lot.
In certain instances, either prior to or subsequent to a purchase, SA, in its sole discretion, may extend credit to the buyer to enable the buyer to either purchase lots, or, after a purchase, to pay for the lots.
PAYMENT METHOD
We offer a FIVE PERCENT (5%) CASH DISCOUNT off of the total invoice amount (hammer and premium) if payment is made by check, eCheck/ACH payment, or wire transfer. The 5% discount does not apply to payments made with credit/debit cards. Please note that the maximum cash discount allowed is $2,000 and applies to all purchases made during the Live Auctions, Buy It Now, and Accepted Offers on passed lots.
STANFORD HAS A FULLY AUTOMATED ONLINE PAYMENT SYSTEM. IF YOU ARE THE WINNING BIDDER OF ONE OR MORE LOTS IN OUR AUCTIONS AND WISH TO PAY FOR YOUR WINNINGS PLEASE CLICK ON THIS LINK: https://www.stanfordauctioneers.com/winner.asp (if the link doesn"t work please go to our website, click on "Auctions" and then in the drop down menu click on "Pay Live Auction Invoice").
The link takes you to the payment system itself as well as a display of passed lots from our current auctions. If you choose to do so you are welcome to add any passed lots to your winnings by using the "Buy It Now" feature. You may also make a reasonable offer on any passed lot. If you have any questions about the online payment system please call us at 1-602-266-8482 or email us at: payment@stanfordauctioneers.com.
Forms of payment accepted are: cash (day of sale only), money orders, cashiers checks, personal and corporate checks, eCheck/ACH payments, wire transfers, and credit/debit cards (Visa/MasterCard/Discover/American Express). We do not accept PayPal. Please note that card payments above $5,000 may be subject to review beforehand and a wire transfer or check might be required for payment.
If you would rather pay over the telephone with a credit/debit card please call us at 1-602-266-8482 and give us your details verbally. You can also fax the details to 1-602-266-8459.
Checks are accepted for any amount. Please make payable to Stanford Auctioneers, Inc. and send to: Stanford Auctioneers, 530 East McDowell Road, Suite 107-239, Phoenix, Arizona, USA 85004. Kindly make sure you include the suite number or your mail may not be delivered to us. Checks must be drawn on a U.S.A. bank in U.S.A. dollars. Please include your invoice name and invoice number on your check.
eCheck/ACH payments are accepted for any amount and there is no charge levied on incoming transfers. Wire transfers are not accepted for amounts less than $1,000. There is no charge to the buyer for receiving wire transfers.
For WIRE TRANSFERS/eCheck/ACH PAYMENTS, our instructions are:
JPMorgan Chase Bank, NA
270 Park Avenue, New York, NY 10017 USA
(tel) 1-800-935-9935
SWIFT/BIC code: CHASUS33 (for wires originating outside of the USA)
ABA Routing Number - 021000021 (for wire transfers)
ABA Routing Number - 122100024 (for eCheck/ACH payments)
Beneficiary Account # 575616078
Account type: Business checking account
Beneficiary Name: Stanford Auctioneers, Inc., 530 E. McDowell Rd. #107-239, Phoenix, AZ 85004 USA
Telephone: 1-602-266-8482
Reference: Invoice #_______ (please put your invoice number here)
[Please note that IBAN numbers are not used by USA banks]
If you have any questions about payment methods please call us at 1-602-266-8482 or email us at: payment@stanfordauctioneers.com. Please note that we are unable to accept payment for the cost of shipping your won lot(s). Since we will not be shipping for you, the shipping payment should be directed to your designated shipper. Payment for your won lot(s) themselves should be directed to us.
ADMINISTRATIVE BURDEN FEES
In the event of non-payment by the successful winning bidder, whether bidding during the auction or in after-auction/after sale or private sale, in its collection efforts to secure payment in full, SA may incur necessary costs. In its sole discretion, SA may impose the following costs on the non-paying bidder:
1. Re-sending via email the buyer's initial invoice ($15.00 each time sent).
2. Sending of collection-type emails or letters ($25.00 each time sent).
3. Telephone calls to the non-paying bidder ($50.00 each phone call).
4. Filing of a dispute about the non-payment with the on-line bidding company ($25.00).
5. Lifting of the dispute with the on-line company once payment is secured ($25.00).
6. Declining the non-paying bidder from participating in future auctions ($25.00).
7. Blocking the non-paying bidder from participating in future auctions ($25.00).
8. Lifting of the decline (if applicable) once payment is secured ($25.00).
9. Lifting of the block (if applicable) once payment is secured ($25.00).
10. Posting of the non-paying bidder's name to the appropriate area of the on-line bidding company's website ($25.00 each website).
11. Filing a report with any or all credit reporting agencies, whether domestic or foreign ($50.00 each Bureau).
12. Communications to and from SA's attorneys and/or collection agency regarding non-payment:
a. Emails: $50.00 minimum each email.
b. Faxes: $50.00 minimum each fax
c. Telephone calls: $75.00 minimum each call
The above fees are due and payable on demand, and are added to the buyer's invoice. Until these fees are paid, no property will be released to the buyer. By acceptance of these T&C, buyer authorizes SA to charge immediately the buyer's credit card for the above fees as the cost(s) is (are) incurred by SA. In the event that SA sues buyer in court for non-payment of the balance due, any unpaid costs will be added to court costs, attorney's fees, etc. in the eventual judgment against the buyer.
RESCISSION OF SALE DUE TO ADVERSE CLAIM
If we become aware of an adverse claim by a third party relating to property purchased by the buyer, either prior to or subsequent to the payment and/or delivery of the lot(s) to the buyer, we may, in our discretion, immediately rescind the sale. In the case of fully paid for and delivered goods, the buyer will promptly return the property to us and we will refund the hammer price and the buyer's premium with respect to the property. This refund will represent the buyer's sole remedy against us and/or the consignor in case of a rescission of sale under this paragraph.
RESCISSION OF SALE DUE TO MISSING, DAMAGED, OR LOST LOT(S)
Occasionally we may be unable to locate certain sold lots which have been purchased during or after an auction. In addition, unknown to us, certain lots may have been damaged during the preview period. These lots may or may not have been paid for by the buyer. If we become aware that a lot or lots is missing, lost, or damaged, we may, in our discretion, immediately rescind the sale, and you agree to hold us harmless for this action. In the case of "fully paid for" missing, lost, or damaged lots, we will refund the hammer price and the buyer's premium with respect to the property to the buyer. This refund will represent the buyer's sole remedy against us and/or the consignor in case of missing or lost lots under this paragraph.
SHIPPING
Successful bidders at our live auctions as well as buyers during our aftersale period (Buy It Now and Accepted Offer) are responsible for arranging their own shipping and we are happy to help facilitate this process. Local pickup from us is available at no charge.
SHIPPERS
Local shippers whom our bidders have contacted in the past include:
NAVIS PACK & SHIP, 5002 S. 40th St., Ste. L, Phoenix, AZ 85040; tel 480-354-7000; email: AZ9999@gonavis.com. Hours (Arizona/Phoenix time): Monday to Thursday 8:30am to 5:00pm, Friday 8:30am to 4:00pm, Saturday and Sunday closed.
(This shipper has FedEx/ DHL/ UPS world-wide shipping, including packing, capability)
THE UPS STORE #6120, 530 E. McDowell Rd., Suite 107, Phoenix, AZ 85004; tel 602-258-1995, fax 602-258-3195, email: store6120@theupsstore.com. Hours (Arizona/Phoenix time): Monday to Friday 7:30am to 6:30pm, Saturday 9:00am to 5:00pm, Sunday 10:00am to 3:00pm.
(This shipper has UPS/USPS world-wide shipping, including packing, capability. Please note that shipments via FedEx and DHL are not available at UPS Stores. The UPS Store locations are independently owned and operated by franchisees of The UPS Store, Inc.).
SHIPPING POLICY
It is incumbent upon the winning bidder to contact a shipper or shippers regarding shipment of items. Once a shipper is chosen we assume no responsibility for the shipper's promptness in picking up your lots from us, nor the shipper's timeliness in shipping your lots, nor the shipment's arrival at its destination, nor its condition upon arrival. Please direct any questions regarding pickup and shipment dates to the shipper.
Once you choose a shipper please send an email to: shipping@stanfordauctioneers.com authorizing us to provide your lot(s) to that shipper for pick up, packing, and shipping. Without your email authorization we are unable to provide your lot(s) to your shipper.
Your lots are available for pickup no later than two business days after receipt of both your cleared payment and your emailed authorization, in accordance with the following schedule: the first day for pickup is the first Friday after the last day of the auction. On the following and subsequent weeks the pickup days are Tuesday and Thursday. We are unable to deviate from this schedule and we thank you for your understanding.
Please note that we are unable to deliver your lot(s) to your chosen shipper. They must pick them up from us.
For local pickup, please contact us by telephone at 1-602-266-8482 or email us at: shipping@stanfordauctioneers.com.
We are unable to accept payment for the cost of shipping your won lot(s). Since we cannot ship for you, the shipping payment should be directed to your shipper of choice. Payment for your won lot(s) should be directed to us and not to the shipper.
Upon request we would be pleased to provide additional names of shippers in our area.
We strongly suggest that you contact a shipper or shippers prior to bidding. Each shipper will be happy to provide you with a price quote or quotes to pick up, pack, and ship the lot(s) in which you have a bidding interest. The same suggestion applies to your won lots.
The shippers listed above, in addition to providing packing and shipping services, will handle all related matters for you, including insurance, customs, claims if any, etc.
We suggest you purchase insurance to cover any missing or damaged goods. If an insurance claim becomes necessary the bidder/receiver is responsible for follow-up with the shipping company. In addition we assume no responsibility for acts or omissions in connection with packing or shipping by any third party packer/shipper.
If you have questions about the shipping of your winnings please call us at 1-602-266-8482 or email us at: shipping@stanfordauctioneers.com.
PROVISION OF AUCTION LOTS
SA endeavors to provide, on a timely basis and in accordance with the policy above, fully paid for lots to the buyer and/or the buyer's agent.
LIMITED WARRANTY
All property sold by SA by any method of sale is sold AS IS, WHERE IS, under Caveat Emptor, and SA and its consignors make no guarantees, warranties, or representations, express or implied, with respect to the property or the correctness of the catalogue or other description(s) or the authenticity of ownership, physical condition, size, quality, rarity, importance, provenance, exhibition history, literature, or historical relevance of the property, or otherwise. However, the present auction IS NOT an "absolute auction" where property is sold to the bidder without limitations and/or contingencies.
Notwithstanding the above, we do warrant the authenticity of each lot catalogued in our auctions under the terms and conditions set forth below.
Unless otherwise indicated in the respective catalogue descriptions (which are subject to amendment by oral or written notices or announcements made by SA prior to the sale):
(a) With respect to autographed material (letters, historic documents, literary and musical manuscripts, and inscribed books), we warrant without time limit the authenticity of each lot catalogued herein; (b) With respect to books, maps and atlases, any print, poster, drawing, painting, gouache, watercolor, photograph, sculpture, ceramic, or antique, and any other works not included in (a) above, unless physical inspection would reveal self-evident lack of authenticity, we warrant, subject but not limited to the Cataloguing Practices paragraph above, for a period of sixty (60) days from the date of the sale, the authenticity of each lot catalogued herein.
Except as noted above, or unless otherwise indicated in the respective catalogue description, we warrant for a period of thirty (30) days from the date of sale to the original buyer of record, that each book or manuscript is complete in text and illustration and generally is in physical condition as may be reasonably expected considering the age and provenance. This warranty does not cover damages to binding, stains or foxing, wormholes, short leaves of text or plates or any defect not affecting the completeness of the text. Moreover, this warranty does not cover the lack of inserted advertisements, blank leaves, cancels, or subsequently published volumes.
Serial publications, books in original parts, extra-illustrated books, made up "albums," and lots described as sold "as is, where is," 'sold not subject to return," "not collated," "collection of" or "group of," and any lot containing more than three (3) items, are sold "as is, where is" and therefore not covered by these warranties. Books, manuscripts, prints, paintings, posters, drawings, photographs, signatures, or any other property offered in a lot comprising more than three (3) items, whether or not such items are individually named, constitute "Grouped Lots." Such "Grouped Lots" are not subject to return for any reason.
The benefits of these warranties are not assignable and are applicable: (a) only to the original buyer of the lot; (b) only when the property has been fully paid for; (c) only when the original buyer of the lot makes full payment within seven calendar days of the date of sale; (d) only when the buyer notifies SA in writing within sixty (60) days of the date of sale by registered USPS mail at SA's address of record of buyer's challenge of the authenticity of the item (email and verbal communications do not suffice); and (e) are conditioned on the buyer returning the work in the same condition in which it was received at time of sale and in the time period specified. The buyer's sole remedy under these warranties shall be the rescission of the sale and refund of the original purchase price paid for the item (hammer price and buyer's premium only, not to include shipping, customs duties, framing, expert opinions, or any other ancillary costs), and this remedy shall be exclusive and in lieu of any other remedy which might otherwise be available to the buyer as a matter of law. With respect to autographed material or any book, portfolio, map, atlas, print, poster, drawing, painting, gouache, watercolor, photograph, sculpture, ceramic, antique, or any other object offered for sale, in the event that a buyer claims that an item is not authentic, SA shall have no obligation to rescind the sale until the following have been complied with and completed:
1. The buyer has obtained, at the buyer's sole expense, the written opinions of two independent, recognized experts in the field, who are mutually agreeable to SA and the buyer, that a lot or portion thereof is not authentic. Verbal opinions are not accepted. The written opinion must be in the English language. If the initial written opinion is in a language other than English, an original certified translation into English of the document must accompany the opinion. Two opinions are necessary: while we respect the activities and opinions of experts, authors of monographs and/or catalogues raisonnes on the artist's work, authentication boards, foundations, trusts, spouses, and descendants of the artist's work in question, their opinion(s) may be mistaken and may be clouded or guided by other agendas.
2. SA, in its discretion, may require that the experts personally examine the object in question and not rely solely on images of the object provided to the experts via email, postal mail, CD-ROM, etc.
3. In their written opinions, the experts must give a detailed rationale as to why they believe the object to be not authentic. The opinion must be addressed personally to SA at its posted place of business, be written on the expert's letterhead, and include the expert's full name, mailing address, telephone number, fax number if any, email address, website address if any, the date the opinion was rendered, and the fact that the object was personally inspected by the expert. The opinion letter must be signed by the expert with an original, autograph signature. If the expert is not self-employed and is employed by an entity such as a foundation, corporation, etc., the expert must submit the opinion on the entities' letterhead, with a statement as to whether the opinion expressed is that of the entity, the expert, or both.
4. SA may contact the experts directly and, in its sole discretion, make contact through mail, email, and/or telephone. Refusal by the expert to communicate by the means of SA's choosing may render the expert's opinion invalid. SA may require supporting detail, sources, references, certificates and/or letters of authenticity, sales records, written testimony, provenance, and the like, in addition to the experts' personal opinions and rationale.
5. The experts must provide to SA a detailed listing of their qualifications in their field and explain how and why they are qualified to give an expert opinion on the object. The experts must disclose to SA any existing relationships with the buyer, which may include personal relationships, business relationships, etc. The experts must state in their opinion that they have read the applicable sections of these T&C pertaining to their examination of the object(s), including but not limited to Description and Condition of Lots, Cataloguing Practices, Provenance Documentation, and Limited Warranty.
6. Original copies of the experts opinions, with original autograph signatures of the experts affixed thereto, must be provided to SA. We do not hold the expert(s) harmless and reserve the right to seek recourse against the expert(s) in the case of collusion and related instances.
7. The physical object in question must be returned to SA in its original sale condition, as sold to the buyer, before the rescission is completed.
8. The process outlined above in paragraphs one through seven (1-7) must be completed and the documents submitted to SA by the buyer within sixty (60) days of buyer's notification to SA of buyer's challenge to the authenticity of the object, or the Warranty is voided.
9. Buyer and experts agree to allow SA the use of the experts" authentication material when and if SA approaches the consignor to recover funds from the transaction(s) that have been authenticated. Buyer and experts agree to hold SA harmless from the use of the material in any attempts to recover funds from the consignor to deliver to buyer.
In its sole discretion, SA may require the buyer to sign a release form before disbursement of any funds to the buyer. This form may include certain confidentiality provisions. Failure of the buyer to sign this release may result in cancellation of any refund previously intended for the buyer.
If the object has been adjudged inauthentic, SA will make a claim for restitution on behalf of the buyer against the consignor within a period of ninety (90) days, running from date the object was adjudged inauthentic. If SA is successful in recovering the funds from the consignor, which were paid to the consignor for the purchased goods, SA will immediately refund these funds, to equal the hammer price plus premium, to the buyer. If SA is unsuccessful in recovering these said funds from the consignor, SA will pay these funds out of pocket to the buyer within a period of ninety (90) days, running from the date that SA was unsuccessful in recovering the funds from the consignor.
In every case, the object in question is presumed authentic as catalogued unless and until proven otherwise through the above described mechanism. The absence of the object from any monograph and/or catalogue raisonne of the artist's work is not prima facie proof that the object is not authentic.
Notwithstanding the above, in the case of a justified claim (determined in our sole discretion, subject to change), however, we will accept the responsibility, without legal obligation, to make a claim for restitution on behalf of the buyer against the consignor within a period of ninety (90) days, running from the fall of the hammer or the invoice date, whichever is earlier. SA in its sole discretion may extend this time period. If SA is successful in recovering the funds from the consignor, which were paid to the consignor for the purchased goods, then there is a successful claim, and SA will refund the hammer price plus premium to the buyer.
Any ability of the buyer to acquire, before, during, or after the fact of purchase, same, like-kind, or similar objects to those purchased through SA at a price lower than the SA purchase price DOES NOT constitute a justified claim.
SA may in its sole discretion allow the return of purchased property. If it chooses to do so, the returned property is subject to a re-stocking fee equal to 20% of the total amount paid for the property, or $100.00, whichever is greater. This amount will be deducted from the amount paid to the buyer, which amount will be paid in a timely manner.
INTELLECTUAL PROPERTY
All materials including, but not limited to, content, images, photographs, data and intellectual property in all past, present, and future printed and on-line catalogues published by SA may be protected by digital watermark technology and are the property of SA and/or the copyright holder(s) of images. The copying or duplicating of any item in these catalogues including, but not limited to, images or data is strictly prohibited and violators will be pursued and prosecuted to the full extent of state, federal and international law including, but not limited to, the Digital Millennium Copyright Act.
SA grants a limited license to access and make personal use of these catalogues. Such license does not permit the downloading or modification of these catalogues or their contents, or any portion of an individual catalogue or its content, without the express written consent of SA. This license does not permit the resale or commercial use of these catalogues or their contents; the collection and use of product listings, descriptions, or prices; derivative use of these catalogues or their contents; downloading or copying of information for the benefit of another merchant; data mining, robots, or similar data gathering and extraction tools. These catalogues or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SA. Framing techniques to enclose trademarks, logos, or other proprietary information (including images, text, page layout, or form) of SA is also not permitted without express written consent. Any unauthorized use terminates the permission or license granted by SA.
Notwithstanding the above, SA has the right to use, in its catalogues and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold in its auctions, including all images of items which have been purchased through SA, whether by auction, after-auction/after-sale, or private sale.
By acceptance of our T&C, you acknowledge that you have read and will at all times comply with SA's Intellectual Property section.
DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to article 201.38 of the Interim Regulation, SA's registered agent is as follows: Legal Name and Address: Stanford Auctioneers, 530 E. McDowell Road, #107-239, Phoenix, Arizona, 85004 USA; Names doing business under: Stanford Auctioneers; Designated Agent: Joseph Stanford; Address of agent: Stanford Auctioneers, 530 E. McDowell Road, #107-239, Phoenix, Arizona, 85004 USA; Email for notice: info@stanfordauctioneers.com. This information is provided to help owners of intellectual property report potentially infringing items in SA catalogues, under the notice requirements of the Digital Millennium Copyright Act.
COPYRIGHT NOTICE
The entire contents of SA's website, and all of SA publications in any format, including but not limited to these T&C, are copyright ©2019 Stanford Auctioneers, the copyright including, but not limited to, print media, electronic media, microfiche, microfilm, CD-ROM, computer data storage, text, images, trademarks, data, audio files, video files and clips, software, documentation, descriptions of auction lots, and Internet formats (collectively, the "Materials"). The Materials are proprietary to SA or its licensors. SA retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, SA. All rights reserved, including the right of reproduction in whole or in part in any form.
All rights to any and all publications of SA and its website will be vigorously defended.
All images contained in SA's written or on-line catalogues or in any other publication by us in whatever form, including our website, shall remain the property of their respective owners, and the buyer of any object from SA shall have no right of ownership, use, or reproduction of any such material by virtue of any purchase of property or otherwise.
You are not permitted to distribute, modify, transmit, reuse, repost, or use any text or graphic material from any publication of SA or from its website for public or commercial purposes, without the prior written permission of SA. This especially includes, but is not limited to, art price and art data reporting companies and their respective on-line Internet databases, whether for-profit or non-profit, as well as on-line Internet art information and art reference sites.
No part of any of SA's publications in any format or its website may be reproduced, transmitted or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, typing, or by any information and storage retrieval system or otherwise - without the prior written permission of SA.
SA's publications in any format and its website are creative works fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws. The authors and editors of SA's publications and its website have added value to the underlying factual material therein through one or more of the following: unique and original selection, compilation, coordination, expression, arrangement, classification of the information, totality of information, and other contributions, without limitation.
You should assume that everything you see or read in any catalogue or publication of SA and its website is copyrighted unless otherwise noted and may not be used without the prior written permission of the copyright holder.
ERRORS AND OMISSIONS
SA is not responsible for typographical errors or omissions.
LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR AUCTIONS, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED TO OR RECEIVED BY YOU IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
FUTURE TERMS
SA may change, add or remove any part of its T&C at any time. If it does so, SA will post such changes on its website. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE BIDDING AT OUR AUCTIONS OR BUYING FROM US AFTER-AUCTION/AFTER-SALE OR BY PRIVATE SALE. YOUR CONTINUED USE OF OUR SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE T&C, AND OF ANY SUCH CHANGES.
GENERAL
(a) Stanford Auctioneers' mailing address is 530 E. McDowell Road, #107-239, Phoenix, Arizona 85004 USA; Email: info@stanfordauctioneers.com; website: www dot stanfordauctioneers dot com. Our public office hours are Monday through Friday, 11:00am to 3:00pm, Phoenix time. We are closed weekends and holidays. (b) If any provision of these T&C is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this. (c) Headings are for reference purposes only and do not limit the scope or extent of such section. (d) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these T&C. (e) We may amend the T&C at any time by posting the amended terms on our website. These T&C sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
GOVERNING LAW
By making a bid, either verbally in the auction, or by telephone, or written by letter, or fax, or email, or via the Internet, or making a bid or offer in an after-auction/after-sale or private sale, the bidder confirms that he has taken notice of these T&C by auction, after-auction/after-sale, and private sale and accepts them. Agents who act on behalf of a third party are jointly and separately liable for the fulfillment of this contract on behalf of their principals. These conditions of sale will also apply to all purchases made out of this catalogue, past sale catalogues, or non-catalogued goods, after the regular sale. The rights and obligations of the parties shall be governed by the laws of the State of Arizona. All bidders and the purchaser submit to the personal jurisdiction of the Arizona State courts and their rules and procedures in case of any dispute.
NOTICES
Except as explicitly stated otherwise, legal notices shall be served on SA's registered agent.
JURISDICTION
The place of fulfillment and jurisdiction is Phoenix, Maricopa County, Arizona, United States of America.
[September 7, 2021]
