Terms and Conditions
PROCEDURES, TERMS AND CONDITIONS OF AUCTION Please read carefully as changes in credit card payments have been made. PURCHASE PRICE The purchase price payable on each lot by the Purchaser shall be the total of the final Hammer Price PLUS A BUYERS PREMIUM OF TWENTY FIVE PERCENT (25%) ON THE FIRST $250,000 AND FIFTEEN PERCENT (15%) THEREAFTER, PLUS ANY APPLICABLE TAX, SHIPPING AND HANDLING CHARGES. Registration by the bidder shall constitute approval and acceptance of the following terms and conditions. AUCTION
The lots presented in the auction catalog will be offered
by oral auction Friday November 8th 2019,
at 345 Camino del Monte Sol, Santa Fe, NM 87501.
ABSENTEE BIDDING
Absentee bids for auction lots will be executed by
the Gallery on behalf of the Client during the auction.
The Gallery shall not be responsible for any errors or
omissions or failure to execute such absentee bids.
TELEPHONE BIDDING
As a convenience to Gallery clients who are unable
to attend the auction, a telephone bid service will be
offered as staff and time allow. The Gallery shall not
be responsible for any errors or omissions or failure to
execute such telephone bids.
This catalog may be amended by posted notice or oral
auction room announcement and represents Altermann
Galleries (Gallery) entire agreement with any and all
Purchasers of the property listed herein. The following
procedures, terms and conditions on which all such
property listed is offered for auction by the Gallery as
agent for various owners or other Consignors:
1. All property will be sold by the Gallery at auction
to be conducted by Bruce McCarty.
2. Altermann Galleries reserves the right to withdraw
any property at any time before the auction and shall
have no liability whatsoever for such withdrawal.
3. All property will be sold "AS IS" and neither the
Gallery nor Auctioneer nor Consignor make any express or implied warranties or representations with respect
to the property or correctness of the advertisement,
catalog and any other medium used to announce
this auction or any other description of the physical
condition, quality, importance, size or authenticity
of the property offered. No reference to imperfections
is made in individual catalog descriptions of property
offered for auction. A condition report may be obtained
at www.altermann.com by viewing the online catalog,
or you may contact the Gallery. Not withstanding any
condition reports or catalog descriptions provided, all
lots are offered and sold "AS IS" in accordance with
paragraph 3 of the Procedures, Terms and Conditions of
Auction. However, if within 21 calendar days after the
receipt of the purchase of any lot as long as the art was
received within 30 calendar days of the Auction date,
the purchaser provides two opinions by recognized
authorities on the artist, and gives notice in writing to
the Gallery that the lot is not authentic, and within 7
calendar days of such notice the purchaser returns the
lot to the Gallery in the same condition as when sold,
the Gallery will refund the full purchase price.
4. The Gallery 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 or a tie between bidders,
the Auctioneer will have absolute and final discretion
to either determine the successful bidder or to re-offer
and resell the property in dispute. After the auction,
the Gallery's record of final Hammer Price shall be
conclusive.
5. Unless exempt by law, the Purchaser will be required
to pay any and all applicable Scottsdale, Arizona, Texas
and New Mexico taxes. In the event of deliveries
outside of Arizona, Texas and New Mexico, it is the
Purchaser's responsibility to pay any compensating use
tax of another state on the purchase price.
6. Terms for all purchases over $5,000 will be cash.
Credit cards will be accepted for purchases of $5,000
and less from buyers who have established credit with
the gallery. We will only accept credit cards from first
time buyers in person with appropriate ID. We will not
accept credit cards over the phone from first
time buyers. All monies shall be made payable to
Altermann Galleries. At the Gallery's discretion,
payment will not be deemed to have been made in full
until funds represented by checks or credit cards
have been collected or the authenticity of bank or
cashier's checks has been confirmed.
7. Auction lots may not be removed from Altermann
Galleries during the auction. Shipment generally occurs
within ten business days after payment has been received.
Our preferred shipper is Pak Mail in Santa Fe, NM.
Please provide a correct street address for our shipper.
It will expedite your receipt of your purchase. Items not
removed from our location after 30 days will be subject
to a storage charge.
8. Property may be offered subject to a "reserve" or
confidential minimum price below which the lot will
not be sold. In such instances the Gallery may exercise
the reserve by bidding on behalf of the Consignor.
In addition, Altermann Galleries reserves the right to
purchase property for itself or on behalf of
another party.
9. Neither the Gallery nor Auctioneer nor Consignor
make any representations whatsoever that the
Purchaser of a work of art will acquire any reproduction
rights thereto. Purchaser's ownership of the work shall
remain subject to the copyrights of the consignor.
10. These Procedures, Terms and Conditions of
Auction and any other applicable conditions, as well
as the Purchaser's and Gallery's rights and obligations
herein shall be governed by, construed and enforced in
accordance with the laws of the State of New Mexico.
If these Procedures, Terms and Conditions of Auction
are not complied with by the Purchaser, the Gallery
may, in addition to other remedies available by law,
including without limitation the right to hold the
Purchaser liable for the purchase price stated on
the 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 commissions, attorney's fees, any and all other
auction-related charges due and incidental damages.
In the event of a default, the Gallery reserves the right
to charge the Purchaser's credit card on file in the full
amount owed as stated on the invoice.
11. In most instances, sculpture measurements do not
include the portion of the base that is not made of the
same material as the sculpture. In measurements for
two-dimensional art, height precedes width and does
not include frame.
12. Offerings in this catalog are subject to error,
omission or withdrawal.
Buyer's Premium
PURCHASE PRICE The purchase price payable on each lot by the Purchaser shall be the total of the final Hammer Price PLUS A BUYERS PREMIUM OF TWENTY FIVE PERCENT (25%) ON THE FIRST $250,000 AND FIFTEEN PERCENT (15%) THEREAFTER, PLUS ANY APPLICABLE TAX, SHIPPING AND HANDLING CHARGES.
Tax Responsibility
Unless exempt by law, the Purchaser will be required to pay any and all applicable Arizona, Texas and New Mexico state taxes. In the event of deliveries outside of Arizona, Texas and New Mexico, it is the Purchaser's responsibility to pay any compensating use tax of another state on the purchase price.
