PROCEDURES, TERMS & CONDITIONS OF SALE
Buyer's Premium
The purchase price payable by the Purchaser shall be the total of the final bid price PLUS A PREMIUM OF FIFTEEN PERCENT (15%). This premium is in addition to any commissions or other charges payable to the consignor.
Auction:
The art illustrated in this catalogue will be offered for sale by live auction on Saturday, February 28, 2015 by Morris & Whiteside Auctions, LLC at The Red Piano Art Gallery, 220 Cordillo Parkway, Hilton Head Island, South Carolina.
Absentee Bidding:
Confidential absentee bid orders for auction items may also be completed and will be executed by Morris & Whiteside Auctions, LLC on behalf of the Purchaser during the auction. Morris & Whiteside Auctions, LLC shall not be responsible for any errors or omissions or failure to execute such bids.
This catalogue, as may be amended by posted notice or oral saleroom announcement, represents Morris & Whiteside Auctions, LLC's entire agreement with any and all Purchasers of the property listed herein. The following are Procedures, Terms and Conditions on which all such Property listed is offered for sale by Morris & Whiteside Auctions, LLC as agent for various owners or other Consignors:
Morris & Whiteside Auctions, LLC reserves the right to withdraw any property before or at the sale.
All property will be sold by Morris & Whiteside Auctions, LLC at auction to be conducted by Jason Brooks ("Auctioneer") SCAL-4465.
All property will be sold "AS IS" and neither Morris & Whiteside Auctions, LLC nor Auctioneer nor Consignor make any express or implied warranties or representations with respect to the property or correctness of the advertisement, catalogue and any other medium used to announce this sale or any other description of the physical condition, quality, importance, size or authenticity of the property offered. Notwithstanding any condition reports or catalogue descriptions provided, all lots are offered and sold "AS IS" in accordance with paragraph 3 of the Conditions of Sale.
Morris & Whiteside Auctions, LLC and/or Auctioneer reserve the right to reject any bids. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, the Auctioneer will have absolute and final discretion to either determine the successful bidder or to reoffer and resell the property item in dispute. After the sale, Morris & Whiteside Auctions, LLC's record of final sale shall be conclusive.
At the fall of the Auctioneer's hammer, title to the offered property item shall pass to the Purchaser acknowledged by the Auctioneer and the Purchaser shall assume full risk and responsibility for the property item and pay the full purchase price or any such part as Morris & Whiteside Auctions, LLC might require. All sales are final with no exchanges or returns.
Unless exempted by law, the Purchaser will be required to pay any and all state and local sales tax or, in the event of deliveries outside the state, any applicable compensating use tax of another state on the total purchase price.
Terms for all purchases will be cash, check or credit card (VISA/MasterCard/American Express) with settlement and payment due in full the day of the sale unless otherwise arranged. All monies shall be made payable to Morris & Whiteside Auctions, LLC. At Morris & Whiteside Auctions, LLC's discretion, payment will not be deemed to have been made in full until funds represented by checks have been collected or the authenticity of bank or cashier's checks has been confirmed.
No item of property may be removed from The Red Piano Art Gallery during the sale. After the purchase price has been paid in full and after the sale has been completed, property must be removed from The Red Piano Art Gallery not later than three business days following the sale. Morris & Whiteside Auctions, LLC will, as a service to Purchasers, arrange to have property delivered or packed, insured and shipped. All shipping charges will be at the expense and entire risk of the Purchaser.
Some items of property may be offered subject to a "reserve" or confidential minimum price below which the item will not be sold. In such instances Morris & Whiteside Auctions, LLC may implement the reserve by bidding through the Auctioneer on behalf of the Consignor. In no event shall the reserve exceed the low estimate in the catalogue.
Neither Morris & Whiteside Auctions, LLC, nor Auctioneer, nor Consignor make any representations whatsoever that the Purchaser of the work of art will acquire any reproduction rights thereto.
These conditions of sale and any other applicable conditions, as well as the Purchaser's and Morris & Whiteside Auctions, LLC's rights and obligations herein shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina. If these conditions are not complied with by the Purchaser, Morris & Whiteside Auctions, LLC may, in addition to other remedies available by laws, including without limitation the right to hold the Purchaser liable for the total purchase price stated on the Confirmation of Purchase Invoice, either (a) cancel the sale and retain as liquidated damages any and all payments made by the Purchaser or (b) resell the property privately or at public auction on three days' notice to the Purchaser for the payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the expense of both sales, the commissions, reasonable attorney's fees, any and all other charges due and incidental damages.
Bidding on any item indicates your acceptance of these terms and all other terms announced at the time of sale whether bidding in person, by absentee bid, or through a representative.
In most instances, sculpture measurements do not include base. In measurements for two-dimensional art, height precedes width and does not include frame.
Bidding increments will normally follow the pattern below but may vary at the solediscretion of the Auctioneer.
Estimate Increment
Under $250 $50
$300-$1,000 $100
$1,000 - $2,500 $250
Over $2,500 $500
Jack A. Morris, Jr.: SCAL 3346
J. Ben Whiteside: SCAL 4449
