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All property will be offered and sold by DuMouchelle Art Galleries as agent for
the Consignor on the following terms and conditions:
1. The Galleries and the Consignor assume no risk, liability or responsibility
for the authenticity of the authorship of any property identified in this
catalog. All property is sold "As" is" and neither the Galleries nor the
Consignor makes any warranties or representations of any kind or nature with
respect to the property, and no statement in the catalog or made at the sale,
or in the bill of sale or invoice or elsewhere shall be deemed and assumption
of liability or a warrant or representation as to the description, genuineness,
attribution, provenance or condition of the property. Prospective bidders
should inspect the property before bidding to determine its condition, size and
whether or not it has been repaired or restored. We and the Consignor make no
representation or warranty as to whether the purchaser acquires any
reproduction rights in the property.
2. A premium of 17% of the successful bid price will be added thereto and is
payable by the purchaser as part of the total purchase price on lots in sale.
3. We reserve the right to withdraw any property before sale.
4. Unless otherwise announced by the auctioneer, all bids are per lot as
numbered in the catalog.
5. Notwithstanding the preceding condition, if within twenty-one days of the
sale of any lot, the purchaser gives notice in writing to the Galleries that
the lot so sold is a counterfeit and, if within fourteen days of such notice
the purchaser returns the lot to the Galleries in the same condition as when
sold, and proves beyond a reasonable doubt that the returned lot is in fact a
counterfeit and that this was not indicated by a fair reading of the catalog,
the sale will be rescinded and the purchase price refunded. Consignor agrees to
refund to Galleries any payments made to Consignor for any counterfeit property
returned to Galleries.
6. Unless the sale is advertised and announced as a sale without reserves, each
lot is offered subject to reserve and the Galleries may implement such reserves
by bidding through its representatives on behalf of the Consignor. In certain
instances, the Consignor may pay the Galleries less than the standard
commission rate where the Consignor is the successful bidder. Where the
Consignor is indebted to the Galleries, and in certain other instances, the
Galleries may have an interest in the offered lots and the proceeds therefrom
other than the commissions for their sale.
7. The Galleries reserves the right to reject a bid from any bidder. The
highest bidder acknowledged by the auctioneer shall be the purchaser. In the
event of any dispute between bidders the auctioneer shall have sole and final
discretion either to determine the successful bidder or to re-offer and resell
the article in dispute. If any dispute arises after the sale, the sale record
of the Galleries /shall be conclusive in all respects.
8 If the auctioneer determines that any opening bid is not commensurate with
the value of the article offered, he may reject the same and withdraw the
article from the sale; and, if having acknowledged an opening bid, he decides
that any advance thereafter is not of sufficient amount, he may reject the
advance.
9. On the fall of the auctioneer's hammer, title to the offered lot will pass
from Consignor to the highest bidder acknowledged by the auctioneer, subject to
all the conditions set forth herein, and such bidder thereupon a) assumes full
risk and responsibility therefor, b) will sign a confirmation of purchase
thereof, and c) will thereupon pay the full purchase price therefor or such
part as we may require. We reserve the right to impose a late charge of 1 1/2%
per month on the total purchase price if payment is not made in accordance with
all of the conditions set forth herein. All property must be removed from our
premises by the purchaser at his expense not later than 3 business days
following its sale and, if it is not so removed, a handling charge of 1% of the
purchase price will be payable by the purchaser per month until its removal,
with a minimum of 5% for any property not so removed within 60 days after the
sale. If any applicable conditions herein are not compiled with by the
purchaser in addition to other remedies available to us and the Consignor by
law, including without limitation the right to a) hold the purchaser liable for
the total purchase price, we at our option may either cancel the sale,
retaining as liquidated damages all payments made by the purchaser or b) resell
the property at public auction, and the purchaser shall be liable for any
deficiency, costs, including handling charges, the expenses of both sales, or
commission on both sales at option, payment will not be deemed to have been
made in full until we have collected funds represented by checks, or, in the
case of bank or cashier's checks, we have confirmed their authenticity. As
between Galleries and Consignor, if the successful bidder does not pay for the
property, collection procedures shall be the responsibility of Consignor and
not the Galleries.
10. Unless exempted by law from the payment thereof, the purchaser will be
required to pay Michigan state retail sales taxes at a rate of 6%, or any taxes
that are applicable at this date. Unless exemption from such taxes is
established to the satisfaction of the Galleries, any purchaser claiming an
exemption will be required to pay the tax to the Galleries and seek a refund.
11. Purchasers not intending to take possession or use the property purchased
by them at the sale within the State of Michigan must make arrangements with
the Galleries for shipment outside the State of Michigan at the purchaser's
risk and expense prior to the bidding. Otherwise, Michigan state taxes will be
added to the bill. Deliveries outside the State of Michigan may be subject to
the compensating use of tax of another state and, where a duty of collection is
imposed upon them by law, the Galleries will require payment of such taxes.
REMOVAL OF PROPERTY
1. Unless different arrangements have been agreed upon, all purchases must be
removed by the buyer by 5 p.m. on the third business day following the sale.
Removal during the sale on Saturday and Sunday may not be conducted before 2:00
p.m. of that day. Purchases not so removed will be subject to a handling charge
to cover our costs. See paragraph "9" of the "Conditions of Sale."
2. Clients are advised that packing and handling of purchased lots by our
employees are undertaken solely as a courtesy for-the convenience of clients;
and in the case of fragile articles, will be undertaken at our sole discretion.
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