Conditions of Sale
1. RESERVE. Some of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and Poway Auctioneers below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in some cases the reserve may exceed the estimates listed. A representative of Poway Auctioneers will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise not commensurate with the value of such lot.
2. NO WARRANTY. All property is sold "as is," and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability. All sales are final.
3. ABSENTEE BIDS. Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted after the auction starts. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against other bidders. In the event of a tie, the auctioneer may decide the highest bid. Poway Auctioneer assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder.
4. NON-PAYING MERCHANCDISE. All merchandise purchased must be paid for and removed from the premises the day of the auction. Poway Auctioneers. may impose, and the purchaser agrees to pay, a monthly interest charge of 1.5% of the purchase price of any lot or item lot not paid for within thirty (30) days of the date of sale.
5. STORAGE FEE. Poway Auctioneers shall have no liability for any damage or loss to property left on its premises for more than three (3) days from the date of sale. If any property has not been removed within three (3) days from the date of sale, at the option of Poway Auctioneers (a) Poway Auctioneers., may impose, and the purchaser agrees to pay, a monthly storage charge of 1.5% of the purchase price of any lot or portion of a lot not removed within the three days, and/or (b) Poway Auctioneers. may place the merchandise in a subsequent auction, without Reserve, to be sold to the highest bidder, and after deducting the standard commission and any additional charges that may apply, remit the proceeds to the purchaser.
5.PAYMENT METHODS. Poway Auctioneers accepts credit card, cash, or check for payment. Personal checks will be acceptable only if credit has been established with Poway Auctioneers or if a bank authorization has been received guaranteeing a personal check. Poway Auctioneers reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Poway Auctioneers a handling charge of $25.00 for any check dishonored by the drawee. Please contact us for additional payment methods. Poway Auctioneers does not accept payment by Paypal for merchandise purchases.
6. BREACH OF CONTRACT. If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Poway Auctioneers. may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the purchaser to the damages caused by the purchaser's breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has breached any of its obligations, including its obligation to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
8. SHIPPING. Shipping is the responsibility of the purchaser. Upon request, our staff will provide the list of shippers who deliver to destinations within the United States and overseas. Some property that is sold at auction can be subject to laws governing export from the U.S., such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of these lots.
9. SALES TAX. Sales in California are subject to the respective current sales taxes. Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of proper documentation.
10. BUYER'S PREMIUM. A premium equal to 20% of the final bid price up to and including $30,000, plus 18% of the final bid price from $30,001 up to and including $1,000,000, plus 12% of the final bid price from $1,000,001 and over will be applied to each lot sold, to be paid by the buyer as part of the purchase price.
11. Bidding on any item indicates your acceptance of these terms and all other terms printed within, posted, and announced at the time of sale whether bidding in person, through a representative, by phone, by Internet, or other absentee bid.
12. CONDITION REPORTS. 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. Poway Auctioneers 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.
13. DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST/TIME PERIOD?
PLEASE SEE THE CATALOG DESCRIPTION/ All authorship of items in this catalog are described according to the following terms:
By Pablo Picasso: In our opinion, the work is by the artist.
Attributed to Pablo Picasso: In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
In the manner of Pablo Picasso: In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
After Pablo Picasso: In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
Circle of Pablo Picasso: In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
Follower of Pablo Picasso: In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
American, 19th century: In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
Bears signature: In our opinion, the signature on the artwork may be spurious.
Apocryphal: Of doubtful authenticity.
13. COPYRIGHT. Poway Auctioneers and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Poway Auctioneers expressly reserves the right to reproduce any image of the lots sold in this catalog. The copyright in all images, illustrations and written material produced by or for Poway Auctioneers relating to a lot, including the contents of this catalog, is, and shall remain at all times, the property of Poway Auctioneers and shall not be used by the purchaser, nor by anyone else, without our prior written consent.
14. APPLICABLE LAWS. These conditions of sale shall be governed by the laws of California (excluding the laws applicable to conflicts or choice of law). The buyer/bidder agrees that any suit for the enforcement of this agreement may be brought, and any action against Poway Auctioneers in connection with the transactions contemplated by this agreement shall be brought, in the courts California or any federal court sitting therein. The bidder/buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.
