Terms and Conditions
PROCEDURES, TERMS AND CONDITIONS OF AUCTION
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.
If you attend the auction, you must pre-register
and be assigned a bidder paddle number
in order to participate. 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 in a live Auction, April 6th & 7th, 2017.
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 Invaluable Auctions.
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 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.
6. Terms for all purchases over $2,500 will be cash.
Credit Cards will be accepted for purchases of
$2,500 and less. 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 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 warehouse after 30 days will be subject to a storage
charge.
8. Some 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
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 SHIPPING AND HANDLING CHARGES.
