In House Terms and
Conditions:
Auction Terms:
California Auctioneers has made a reasonable effort
to describe items correctly. However we do not
warrant the correctness of description, signatures,
marks, authenticity or condition of said items.
Please preview all items carefully and use your own
judgment. Final decision on auction block overrides
listing. All sales final, all items sold as is.
Your bid is a contract.
Auction checkout:
Any time during auction and or Monday & Tues 9AM - 5
PM. We ask that all items be picked up no later
than 5PM Tuesday after the auction. Calif.
Auctioneers will not be responsible for any items
left thereafter.
Payment:
Cash, cashiers check, ATM, Visa & M/C.. All items
must be paid on day of sale. 22% buyer's premium on
all items. All sales final, all items sold as is.
Absentee bids & Phone bids: accepted with balance
due by 5PM Tuesday after sale day. All absentee
bids, online bids and phone bids must be submitted
by 5 PM Pacific time one day before the auction
sale. (Please note: as of January 2022 buyer’s
premium on all phone bids will be 22%). In the
event of a tie bid between absentee, online and
floor bids – auctioneers reserve the right to give
floor bid precedence.
Vehicle terms: 15% Cash down on day of sale with
balance due in 2 working days from sale with cash or
cashiers check. 22% buyer's premium.
For online
purchases:
Please Review the
Auction Terms on Whichever online platform you
choose to bid. Your Bid is a contract. In the event
of a tie bid between in house, absentee and phone
and online –
auctioneer has the right to give floor bid
precedence. All auction purchases must be paid
within one business day of the auction. If you are
the winning bidder you should contact the auction
with credit card information to make payment. If
your card is registered with the auction platform,
we still need ccv number to reconcile. Shipments
may be arranged through the UPS store. We encourage
physical pick up on items that are difficult to
ship.
Ram Manwani at the UPS store:
store3802@theupsstore.com
or call (805)643-6245. Fax:
(805)643-7447
For
high end packing and shipping quotes contact
Charles Rucker at Box Brothers: crucker@boxbros.com
or call 800.842.6937. Website:
www.boxbros.com. They have been seen on TV's
'The Kardashians' and transport the Academy Awards
CONDITIONS OF SALE
By bidding at auction, whether present in person or
by agent, by written bid, or other means, the buyer
agrees to be bound by these Conditions of Sale:
1. As used in these Conditions of Sale, the
term "final bid" means the highest bid acknowledged
by the Auctioneer and the "purchase price" means the
sum of the final bid plus the premium payable by the
buyer, as set forth in Condition 4.
2. The highest bidder acknowledged by the
auctioneers shall be the buyer. The Auctioneer has
the right to reject any bid, to advance the bidding
at his absolute discretion and in the event of any
dispute between bidders, to determine the successful
bidder or to reoffer and resell the lot in dispute.
In the event of any dispute after the sale,
California Auctioneers & Appraisers record of final
sale shall be conclusive.
3. California Auctioneers & Appraisers
reserves the right to withdraw any lot before or at
the sale.
4. The purchase price payable by the buyer
shall be the sum of the final bid plus a premium of
22% of the final bid.
5. Title to the offered lot shall pass to
the buyer upon the fall of the Auctioneers hammer or
the Auctioneer verbalizing "sold", subject to
compliance by the buyer with all other Conditions of
Sale. Such buyer shall forthwith assume full risk
and responsibility for the lot and shall pay the
full purchase price or such part thereof as
California Auctioneers & Appraisers, in its sole
discretion, shall require. In addition, the buyer
may be required to sign a confirmation of purchase.
6. No lot may be removed from California
Auctioneers & Appraisers premises until the buyer
has paid in full the purchase price therefore or has
satisfied such terms as California Auctioneers &
Appraisers, in its sole discretion, shall require.
Subject to the foregoing, all lots are to be paid
for on the day of sale and removed from California
Auctioneers & Appraisers.
7. Bids which are submitted to California
Auctioneers & Appraisers in writing or are otherwise
left with California Auctioneers & Appraisers prior
to an auction for execution at or below a specified
price, as well those bids arranged by telephone,
shall be entertained and executed by California
Auctioneers & Appraisers for the convenience of
bidders not present at auction, but California
Auctioneers & Appraisers shall not be responsible
for failing to execute such bids or for errors
relating to its execution of such bids.
8. Unless exempted by law, the buyer shall
be required to pay any applicable state and local
sale tax on the purchase price.
All property is sold
"as is" in accordance with the section entitled
Absence of Other Warranties, and neither California
Auctioneers & Appraisers nor the seller makes any
express or implied warranty or representation as to
the condition of any lot offered for sale, and no
statement made at any time, whether oral or written
shall constitute such a warranty or representation.
Descriptions of condition are not warranties. The
description of the conditions of articles in damage
or repairs, are provided as a service to interested
persons and do not negate or modify the section
entitled Absence of Other Warranties. Accordingly,
all lots should be viewed personally by prospective
buyers to evaluate the condition of the articles for
sale.
Absence of other Warranties
Except as specifically provided, all property is
sold "as is" and neither California Auctioneers &
Appraisers the seller's agent, nor the sellers makes
any express or implied warranty or representation of
any kind or nature with respect to the property. In
no event shall California Auctioneers & Appraisers
or the seller be responsible for the correctness of,
or be deemed to have made, any representation or
warranty of merchandise as set forth in this catalog
or made at the sale or in the bill of sale or
invoice or elsewhere, whether oral or written, shall
be deemed such a warranty or representation or an
assumption of liability.
RISK OF LOSS
In the event delivery cannot be made because of loss
due to fire, theft, or any other reason, the Auction
House shall only be liable for the return of any
deposits or payments made by the purchaser. NO
WARRANTY ALL ITEMS SOLD "AS IS AND WHERE IS"
THE AUCTION HOUSE, ITS AGENTS AND EMPLOYEES, AND THE
CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE
OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT
ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY
PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE,
SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR
MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE
ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN
WRITING, SIGNED BY AUCTIONEER AND BUYER.
1. Lots Sold to The Highest Bidder: The highest
bidder acknowledged by the auctioneer shall be the
buyer. The auctioneer has the right to reject any
bid, to advance the bidding at his or her absolute
discretion and, in the event of any dispute between
bidders or any other issue with respect to the
highest bidder, to determine the successful bidder,
to continue the bidding or to re offer and resell
the lot in question. In the event of any dispute
after the sale, California Auctioneers. Inc., a
California Corporation (hereinafter referred to as,
California Auctioneers), record of final sale shall
be conclusive.
2. Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS ARE EXCLUDED. NEITHER WE NOR THE CONSIGNOR
OR OUR ASSOCIATES MAKE ANY REPRESENTATION, EXPRESSED
OR IMPLIED WARRANTY, OR GUARANTEE IN CONDITION,
SIZE, PROVENANCE, MEDIUM, SIGNATURE, INSCRIPTION,
EXHIBITION (S), IMPORTANCE, RARITY, COUNTRY OR
ORIGIN, AGE, GENUINENESS, SUBJECT HISTORICAL
RELEVANCE, MONETARY OR OTHER VALUE, FRAMING OR LACK
THEREOF, MOUNTING, CONSERVATION, COLOR (S), PALETTE,
INSCRIPTION, EDITION, STYLE LABEL OR OTHER
DESCRIPTOR. NO STATEMENT IN THE CATALOG, BROCHURES
OR IN THE BILL OF SALE OR INVOICE OR BIOGRAPHIC
INFORMATION OR STATEMENTS MADE BY THE AUCTIONEER
DURING THE AUCTION OR ELSEWHERE SHALL BE DEEMED SUCH
A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF
LIABILITY. NO EMPLOYEE OF CALIFORNIA AUCTIONEERS IS
AUTHORIZED TO MAKE, ON OUR BEHALF OR THAT OF THE
CONSIGNOR, ANY REPRESENTATION OR WARRANTY, ORAL OR
WRITTEN, WITH RESPECT TO ANY PROPERTY.
3. Buyer's obligation to inspect each item: Buyers
are strongly encouraged to view all items auctioned
on display before the auction to determine the true
condition and nature of any item(s) of interest.
Although there is no legal requirement that each
buyer inspect lots purchased before the auction, the
failure to inspect may constitute a waiver of that
buyer's complaint that the item was not delivered in
a condition equal to the existent condition at the
auction as described in section 14 of these
Conditions of Sale.
4. All Sales Final: Notwithstanding any other terms
of these conditions, any and all refunds shall be
given at the sole discretion of California
Auctioneers. Refunds requested on the grounds of
authenticity must be made within 10 days of the
auction date, and such requests must be accompanied
by at least one supporting statement in writing from
a recognized authority stating that the painting or
art sold is incorrect or not the work of the artist.
A recognized authority shall be defined as a person
who has authored, edited, or substantially
contributed to a monograph on the artist, a person
who has curated, organized or substantially
contributed to a solo exhibition on the artist, a
person who has represented the artists estate or
someone who represented or worked closely with the
artist while they were alive and, in any of the
above instances physically handled works of the
period, medium and subject matter in question during
the course of their duties. Please note that dealers
who advertise to buy a wide range of artists,
appraisers and representatives of other auction
firms do not qualify as authenticators of individual
artists unless they have had such specific
involvement with an artists work as specified above
in addition to their daily duties. Any lot in
question must be returned to California Auctioneers
in the exact same condition as when sold. Please be
advised that California Auctioneers does not grant
extensions to refund considerations based upon
authenticity due to shipping delays. There are no
exceptions to this refund policy.
5. The Right to Withdraw Lots: California
Auctioneers reserves the right to withdraw any lot
before or at the sale.
6. Buyer's Premium: The purchase price payable by a
buyer shall be the sum of the final bid plus a
premium of 22% of the final bid price.
7. Lots are Subject to a Reserve Price: Some lots in
the auction are subject to a reserve, which is the
confidential minimum price below which the lot will
not be sold (the reserve). In no event will the
reserve price exceed the low estimate. California
Auctioneers shall act to protect the reserve by
bidding through the auctioneer. The auctioneer may
open bidding on any lot below the reserve by placing
a bid on behalf of the seller. The auctioneer may
continue to bid on behalf of the seller up to the
amount of the reserve, either by placing consecutive
bids or by placing bids in response to other
bidders. The estimates provided by California
Auctioneers concerning a given lot, are carefully
considered opinions of the cataloger and fine art
staff. Any estimates given are merely suggestive
guidelines for interested buyers. Buyers must be
aware that paintings and art are subject to
fluctuating values depending on the subjective
interests of collectors and a wide variety of other
uncontrollable factors. The lots auctioned may sell
at prices either above or below estimates.
8. Winning Bid Constitutes an Immediate Transfer of
Title: Title to the offered lot shall pass to the
buyer upon the fall of the auctioneer's hammer and
announcement by the auctioneer that the lot has been
sold, subject to compliance by the buyer with all
other Conditions of Sale. The buyer shall forthwith
assume full risk and responsibility for the lot and
shall pay the full purchase price or such part
thereof as California Auctioneers, in its sole
discretion, shall require. In addition, the buyer
may be required to sign a confirmation of purchase
or abide by any other financial terms that
California Auctioneers deems necessary to protect
the interest of the consignors.
9. Removal of Purchased lots: All items sold may not
be removed from California Auctioneers premises, or
the premises of the auction, until the buyer has
paid in full the purchase price there for or has
satisfied such terms, as California Auctioneers, in
its sole discretion, shall require. Subject to the
foregoing, all lots are to be paid for and removed
from California Auctioneers premises at the buyer's
expense no later than the third calendar day
following the sale, and, if not so removed,
California Auctioneers may transfer any such lot to
its warehouse at the risk and expense of the buyer.
If a lot has not been collected the third calendar
day following the sale and California Auctioneers
does transfer the uncollected property to its
warehouse, the buyer will be liable to California
Auctioneers for storage and handling charges of
$10.00 per day for each lot. In addition to other
remedies available by law, California Auctioneers
reserves the right to impose a late charge of 1% per
month or the maximum permitted by law on the
purchase price commencing on the day following the
date on which payment is due if the buyer does not
make payment in full in accordance with these
Conditions of Sale.
10. Absent Bidders: Bids which are submitted to
California Auctioneers in writing or are otherwise
left with California Auctioneers prior to an auction
for execution at or below a specified price
(Absentee bids), as well as telephone bids, shall be
entertained and executed by California Auctioneers
for the convenience of bidders not present at
auction, but C.A. shall not be responsible for
failing to execute such bids or for errors relating
to our execution of such bids. Bidding on any
article(s), whether in person, by agent, order bid,
telephone or other means, constitutes the highest
bidders acceptance of these Conditions of Sale. All
absentee bids must be received by California
Auctioneers prior to the day of sale. Bidders by
telephone are also encouraged to leave a cover bid
in case of technical failure.
11. Applicable taxes: Unless exempted by California
law, the buyer shall be required to pay any
applicable state and local sales tax or compensating
use tax on the purchase price.
12. Buyer's Breach of Conditions of Sale: If the
buyer fails to comply with any of these Conditions
of Sale, California Auctioneers may, in addition to
asserting all remedies available by law, including
the right to hold such defaulting buyer liable for
the purchase price, (I) cancel the sale, retaining
as liquidated damages any payment made by the buyer,
(II) resell the property without reserve at public
auction or privately on seven days notice to the
buyer, or (III) take such other action as we deem
necessary or appropriate. If California Auctioneers
resells the property, the original defaulting buyer
shall be liable for the payments of any deficiency
in the purchase price and all costs and expenses,
including warehousing, the expenses of both sales,
reasonable attorneys fees, commissions, incidental
damages and all other charges due hereunder. In the
event that such buyer pays a portion of the purchase
price for any or all lots purchased, California
Auctioneers shall apply the payment received to such
lot or lots that California Auctioneers, in our sole
discretion, deems appropriate. California
Auctioneers shall have the benefit of all rights of
a secured party under the Uniform Commercial Code
adopted in the State of California where the auction
is held.
13. Governing Law, Venue and Jurisdiction: The
rights and obligations of the parties with respect
to the Conditions of Sale and the conduct of the
auction shall be governed and interpreted by the
laws of the State of California. By bidding at an
auction, whether present in person or by agent, by
absentee bid, telephone or other means, the buyer
shall be deemed to have consented to the exclusive
jurisdiction of the courts of such state and the
federal courts sitting in such state. Further, the
buyer agrees that the venue for any action arising
out of the failure to abide by the Conditions of
Sale, or any conduct related to or arising out of
the auction, shall be the Ventura County Superior
Court, Located at the Government Center, 800 South
Victoria Avenue in Ventura, California, 93009. The
buyer expressly agrees that (I) neither California
Auctioneers nor the seller shall be liable, in whole
or in part, for any special, indirect or
consequential damages, including, without
limitation, loss of profits and (II) the buyer's
damages, if any, are limited exclusively to the
original purchase price paid for the lot.
14. Delivery of Lots Sold: The packing and handling
of purchased lots by California Auctioneers
Auctioneer's staff at the auction is undertaken
solely as a courtesy to customers. There is no
charge for packing material and labor supplied to
you on the evening of the sale. In no event will
California Auctioneers be liable for damage to
artwork, glass or frames, regardless of cause, in
connection with this free service.
California Auctioneers may, in our discretion and as
a service to buyers, arrange to have purchased lots
packed, insured and forwarded at the request,
expense, and risk of the buyer. California
Auctioneers assumes no responsibility for acts or
omissions in such packing or shipping by other
packers or carriers, nor does California Auctioneers
assume any responsibility for any damage to picture
frames or to the glass therein. In circumstances
California Auctioneers arranges and bills for such
services via invoice or credit card, California
Auctioneers will include an administration charge.
In the case of California Auctioneers physically
delivering an item to a buyer, if an item cannot be
delivered in condition equal to the existent
condition at the time or should any item be mis-delivered,
stolen or lost prior to delivery, California
Auctioneers 's liability shall not exceed the amount
paid by the buyer at the auction.
15. Notices, Demands and Refunds: Any demands for
refunds, problems with the lot(s) sold or notices of
any kind concerning the auction shall be in writing
and addressed to California Auctioneers8597 Ventura
Ave. Ventura California 93001
16. Effect of any Unenforceable Provisions: Should
any of the Conditions of Sale be deemed
unenforceable by a competent court having
jurisdiction, such unenforceable provision shall
have no effect on the enforceability of the
remaining provisions contained in the Conditions of
Sale. |