Terms and Conditions
The auctioneer (Cottone Auctions) at its discretion reserves the right to refuse participation in this auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee bid. Cottone Auctions reserves the right not to accept bids via internet bidding for lots of high value. If you intend to bid on high value lots, please contact Cottone Auctions or email matt@cottoneauctions.com. Please note: registrations may not be approved during the course of the sale. NOTE: If your status in "pending", you have not been approved to bid. Please contact the auction house at least 24 hours before the auction.
Conditions of Sale
By Bidding, you understand that any Bid you submit can and may be regarded as the Purchase Price Bid for a particular Lot; accordingly, your Bid constitutes a legally binding agreement to purchase the Lot in accordance with your Bid if accepted by the auctioneer. You agree to assume personal responsibility to pay the Purchase Price Bid, plus the Buyer's Premium, you agree to purchase the Lot and assume all risk of loss and damage to such Lot, in addition to any obligations, costs and expenses relating to its handling, shipping, insurance, taxes and export. All sales are final. NY state residents are charged 8% sales tax, unless a valid tax exempt number is provided.
Condition Statement
It is the buyer's responsibility to be knowledgeable about the condition of the property before bidding. This is a live auction, and the buyer is advised to inspect the items in person during the week prior to the auction. As a courtesy, Cottone Auctions makes condition reports available prior to the auction. All lots are sold "AS IS". No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or at any other time, or in writing in this catalog or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is WAIVED. ALL SALES ARE FINAL AND NO SALE RESCISSONS WILL BE MADE ON THE BASIS OF CONDITION, NO EXCEPTIONS.
All property is sold "AS IS" and neither Cottone Auctions nor the Consignor make any guarantees, warranties or representations, expressed or implied, with respect to the property, merchantability, or correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, 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. However, if within 14 days of the sale of any lot, the purchaser gives notice in writing to us that the lot is counterfeit and within 10 days after such notice, the purchaser returns the lot to us in the same condition as when sold, and demonstrates to our satisfaction that the lot is a counterfeit, we will refund the purchase price.
IMPORTANT NOTICES
Cottone Auctions usually auctions items at approximately 80 lots per hour. On some occasions your local Internet connection may not be able to keep up with the pace of the auction. We recommend placing a realistic absentee bid as insurance to avoid disappointment. By bidding, you agree that Cottone's may award the lot to another bidder at its sole discretion under the circumstances described above or any other reasonable circumstances. Since internet bids are not shown to us until we open the lot on the floor, we treat those bids just like floor bids. In most cases the floor responds before the internet bid is presented to us, due to possible Internet lag time, so for consistency we have made it a policy that floor bids are always considered first over internet bids.
Breach
If a buyer fails to make timely payment as required in these Terms, or breaches any other covenant, representation or warranty in this Agreement, we shall be entitled, in our discretion, to exercise any remedies legally available to us, including, but not limited to, the following:
A) cancellation of the sale of the Lot to the non-paying buyer, including the sale of any other Lot to the same buyer (whether or not paid);
B) reselling the Lot, at public or private sale, with or without reserve; retention of all amounts already paid by the buyer to Cottone.
C) After 30 Days - File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, and any other applicable financial hardship caused to Cottone Auctions Inc., and/or the consignor or pursue other collection avenues to recover any and all losses.
D) Charge interest at a rate of 1% per month throughout the entire time frame of non-payment.
E) After 45 Days - Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to, total balance remaining, court fees, interest, storage fees, administrative costs (including those related to re-selling the item(s))
Winning Notification and Billing: After the FINAL session in this auction is complete. Cottone Auctions will send e-mail invoices. This process normally takes up to 48 hours.
This auction will be conducted on a live auction floor and over the Internet. If you choose to place an absentee bid, please take a moment to learn how Invaluable absentee bidding works.
Internet Bidding:
We ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA Any ONLINE BIDDING SERVICE.
Cottone's AND ITS SUPPLIERS PROVIDE THE ONLINE BIDDING SERVICE AND THE Cottone's WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEB SITE WILL BE ERROR-FREE. Your dealings with Bidding Platforms are solely between you and such Bidding Platforms. We encourage you to be aware of, and to read, the terms and conditions and privacy policy of any Bidding Platforms that you visit. You expressly release Cottone's from any and all liability arising from your use of any Bidding Platform or other third-party website or service. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE AND OUR SELLERS BE LIABLE FOR ANY DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE BIDDING PLATFORMS.
