Lot 89: Herman Rose 1966 painting Yonkers #1

Conditions of sale for auction:

This constitutes Concept Art Gallery and the Consignor's entire agreement with the purchaser relative to the property to be sold online. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale.

1. All property is sold "AS IS" and neither we nor the Consignor makes any guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of the authenticity of authorship, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. We and the Consignor make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property.

2. We reserve the right to withdraw any property before sale.

3. Unless otherwise announced by the auctioneer, all bids are per lot as numbered.

4. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive. Although in our discretion we will execute order bids or accept telephone bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omission in connection therewith.

5. Order bids (Absentee Bids) are executed by a designated Concept Art Gallery employee.

6. If the auctioneer decides that any opening bid is below the value of the article offered they may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, they decide that any advance thereafter is insufficient, they may reject the advance.

7. All sizes are approximate and size refers to size of image for two dimensional artwork.

8. All transactions must be complete before property is removed from the premise. Possession of purchased property will not turn over to bidder until checks have been cleared or arrangements for payment have been made with the Gallery. Cash, certified check, Master Card, Visa, Discover or personal checks with prior approval are acceptable terms for purchases. PA Sales tax exemption certificate must be provided to waive sales tax. Out of state checks accepted only with prior approval. **JEWELRY purchases will be held for two weeks following the sale if the buyer is not known to the gallery.**

9. If an article sold cannot be delivered by reason of theft, breakage, or other damage prior to check- out, the sale shall be deemed canceled without any liability on the part of the Gallery.

10. All merchandise must be picked up as soon as practicable following the sale, in no case later than one (1) week following the sale. A storage fee of $5 per day will be assessed for any property left after fourteen (14) days of the Auction. Additional charges may apply to oversize lots. Property not picked up within one (1) month may be re-auctioned or resold without further notice to the buyer, and payment will be forfeited.

11. Merchandise will be packed and transported by the purchaser at his own risk and expense. A current list of shippers are listed on our website www.conceptgallery.com under "Auctions" tab and "Shipping" tab.

12. Bidding on merchandise automatically constitutes agreement with these terms.

13. IMPORTANT NOTICE: A premium of 22% will be applied to all property sold in house, and 25% to all property sold through the internet, to be paid by buyer as part of the purchase price. A 3% Buyers Premium Discount will apply for payment by Check, Cash or Wire for in-house purchases paid WITHIN 10 DAYS. Buyers are responsible for PA Sales Tax of 7% unless a valid resale license is presented at the time of the sale.
Auction Licenses: Sam Berkovitz AU003292-L; Alison Oehler AU005978

We accept the following credit cards: Visa, Mastercard, Discover. We also accept PayPal payments to info@conceptgallery.com.

The Gallery does not pack and ship. A list of packers and shippers that regularly visit our gallery is available on our website http://conceptgallery.com/auctions/shipping/. All property must be paid in full before we will release your purchases to the shippers. Please note that you will not see a charge for shipping on our invoice to you as our all of our shipping is done by third parties.

Pennsylvania Sales Tax will be applied to all purchasers that are residents of Pennsylvania unless you are in possession of a current and valid Pennsylvania Resale Permit. Purchasers from out of state who come in person to collect their purchases will also pay Pa. Sales Tax. Purchases made by out of state residents and shipped out of state will not be charged Pa. Sales Tax.

a 20% buyer's premium will be applied to the hammer price of each lot. A 5% live auction fee will be assessed by Invaluable. The hammer price and the buyer's premium together with the Live Auction Fee are the full purchase price. (total 25%)

Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Concept Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored.