New Castle Auction Policy
New Castle Art & Antique Gallery Inc. as agent is now offering this catalogue for our consignor(s) and owner(s) of the properties listed here for sale. You agree to be bound the Condition of sale when you bid at auction.
EXHIBITIONS
All lot are Sold As Is and Where As Is and without Guarantee. Neither New Castle Art & Antique Gallery Inc. nor the consignors make any warranties or representations, express or implied with respect to such lots. Buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. Condition reports are available on each lot listed. Any and all statements and descriptions in any catalogue or elsewhere by New Castle Art& Antique Gallery Inc., relating to age, attribution, authenticity, size, genuineness, provenance, historical relevance or significance, physical condition, importance, quality, quantity, rarity, period, culture, source or origin, are presented as statements of qualified opinion only.
ESTIMATED PRICES
As a convenience to our clients, we furnish pre-sale estimates for all materials included in the auctions. These estimates are only our approximate valuations and should be taken as educated guesses based upon comparable auction values, not as "prices." Bidding normally begins at listed start price, usually very low, but the final bid price may well be less than or more than any estimate printed.
REGISTRATION
Buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. A photo ID and Credit Card will be copied for record. Tax document is provided for tax-free. New Castle Art & Antique Gallery Inc. has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. For first time bidders, international bidders or bidders with bad credit and history record, we will ask a $500 deposit holding from their registered credit card to get approval for bidding with us. Please note it is not real charge, just hold to guarantee there are enough fund in the account. If buyer don't won, money will still stay on your account.
RESERVE
Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve many be exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of New Castle Art & Antique Gallery Inc. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount.
INTERNATIONAL BIDDERS
YOU ARE RESPONSIBLE TO MEET ALL CUSTOMS/IMPORT-EXPORT REGULATIONS. WE WILL ASSIST BUT CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.
BIDDING
When making a bid at site of live sale, absentee bid, by phone, by Internet, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing LAG. Before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to New Castle Art & Antique Gallery Inc., and that New Castle Art & Antique Gallery Inc. will only look to the principal for payment.
ABSENTEE BIDS
As a service to those wishing to place bids, we will accept such bids, in advance of the sale, on bidding forms available from us. In the event identical bids are submitted, the earliest will take precedence. Absentee bids shall be executed in competition with other absentee bids, any applicable reserve, bids from the audience and bids live on-line. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with the written bid.
TELEPHONE BIDS
On lots with a low estimate of $300 and above and if a bidder makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone and we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
ONLINE BIDS
New Castle Art & Antique Gallery Inc. cooperate with couple of Internet live auction platforms to host the sale. A variable additional internet fee from 2% to 5% will be charged depend on different platforms. It is buyer's responsibility to know this additional percentage charge.
SUCCESSFUL BIDDER
The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the New Castle Art & Antique Gallery Inc. sale record shall be conclusive. Title passes upon the fall of the auctioneers hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
BUYER'S PREMIUM
New Castle Art & Antique Gallery Inc. does not own the property that we sell at auction. We provide a venue to bring buyers and sellers together. Sellers are called consignors and we take possession of their property months before the auction. We use this time to research, catalogue, and photograph and market the items before they go up for sale. When an object is sold, New Castle Art & Antique Gallery Inc. receives a percentage of the hammer price (we call that the seller's commission) plus certain fees as our payment from the consignor. We also collect a percentage of the hammer price from the buyer that we call a Buyer's Premium.
THERE WILL BE A 20% BUYERS PREMIUM APPLIED TO ALL SALES PLUS AN ADDITIONAL 2% to 5% FOR ONLINE BIDS DEPENDING ON INTERNET PLATFORMS. ALL ITEMS SOLD IN OUR GALLERY IS TAX EXCEPTION BECAUSE OF SALE TAX FREE IN DELAWARE STATE.
PAYMENT TERMS
All payment must be received in seven business days after the sale. We will open disputes online and charge $20 late fee each day after 7 business days. We accept Cash, Personal Checks, Certified Checks, Wire transfers and Visa, Mastercard, but No American Express and other Credit Cards. 2% additional fee will be charged if you pay with credit card. Auction purchases must be paid in full within 7 days past of the auction. International orders and all orders of $5,000 or more must be paid for by Certified Check or Money Transfer. Unpaid case will be transferred to attorney and Collection Company for further actions.
PROSPERITY RELEASE FOR SHIPPING
No property will be released until payment in full is made on the items. New Castle Art & Antique Gallery Inc. will never delivery the propriety to the buyer. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the purchaser. The New Castle Art & Antique Gallery Inc. can provide the list of local packing and shipping services providers. It is buyer's responsibility to contact the third party deliver. We are not responsible for any delays on the part of this third party, should there be any. We will offer recommendations of suitable third party carriers. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the purchaser and in case of damage, insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party, we can assist the purchaser in filing proper claims for reimbursement but will not be held responsible for the outcome. This reimbursement, of course, only covers the actual cost of the items shipped. Within approximately one week after the auction New Castle Art& Antique Gallery will advise purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take longer to get.)
Dispute Resolution:
All disputes and claims arising out of or relating to events and actions covered herein, brought by or against us, shall be resolved by mediation or binding arbitration in accord with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor, including, but not limited to any action brought pursuant to the rescission provisions noted above.
Shipping Terms
If the condition report only states "Good condition, good appearance" or the like with nothing further, it is our opinion that the painting appears to have little to no restoration and does not appear to be lined. Craquelure will be described in condition reports if it seems, in our opinion, to be extensive, separated, or obtrusive, especially for its date. All oils, especially earlier examples, must be assumed to have some craquelure. Loss of intensity or color in watercolors will be mentioned only if it seems, in our opinion, to be significant or obtrusive. Almost every watercolor has some loss of intensity from aging and direct or indirect light over time. We qualify those pictures we feel to be in mint condition with the term "mint or nearly mint", "pristine or nearly pristine", "little or no restoration", "little or no restoration, probably none", or the like, in order to avoid problems arising from differences of opinion and interpretation. We use "restoration" to mean inpaint or overpaint, and treat lining and thinness (or overcleaning/loss of paint surface) as issues separate from restoration. "Very minor scattered restoration" means it seems to us almost not worth mentioning; "minor scattered restoration" means a bit more. "Scattered restoration" alone may mean anything from several scattered spots to many scattered spots, but none of these is usually or particularly meaningful or bothersome. Unless very serious, we usually don't include thinness of surface paint in most condition reports because, again, it is often a matter of opinion and taste. The problem would have to be very obvious to the naked eye to be included. We do not mention minor ghosts of a crease or line on the surface caused by a stretcher unless it is in some way atypical or impacts significantly on the surface. If an image is painted directly on Masonite, board, canvasboard or the like, it is not considered lined and therefore nothing about its being lined is mentioned in condition reports. Barridoff Galleries tries to distinguish between works painted directly on such supports and those canvases that are laid down on such supports, but does not guarantee the type of support or lining. In general, if the lining or relining is not mentioned, it means that we do not believe it is lined. Although we will answer as best we can any questions in regard to the surface, if the buyer has questions about it, he or she is cautioned to examine the work under consideration in person or have an expert look at it for him/her. If a condition report includes no mention of lining, the subject artwork is probably not lined or is painted directly on a hard surface such as a panel. No one representing Barridoff Galleries is a qualified expert in regard to condition or restoration. While we do our best to provide an accurate description of condition no matter the medium, our description is in no way to be understood as a guarantee. Again, bidders are herein advised to examine any item in the sale prior to bidding in person and/or to have a qualified restorer of his/her own choosing do so for them. The Conditions of Sale found on the inside front cover and on page 4 of the catalogue (as well as on the barridoff.com online catalogue) also preclude any statements made in any other fashion and in any regard. Condition reports are in no way to be considered a guarantee of any kind. Our expertise in regard to condition is limited. This is particularly true of works on paper (including photographs), sculpture, and, most particularly of all, Old Masters. Those very few, if any, paintings whose condition reports may be more extensive and technical, are done by or with the help of a professional restorer. However, this xon applies to all condition reports. If you would like more specific detail about condition, please ask by email or phone.
