Terms & Conditions
For the MAMA and NCAC Fine Art Benefit Auction . . .
2. All Property sold is subject to a premium of 10% payable by all buyers as part of the purchase price.
3. 3. This auction is to benefit the Nevada County Arts Council and the Museum of Ancient and Modern Art, both non-profit, educational institutions [hereinafter "Nonprofits"]. The lots offered for sale are the property of the Nonprofits, as all works offered for sale have been completely donated by the artists of this county in support of both of these Nonprofits. The prices on the auction list are indicative of gallery prices which could be realized under optimum conditions at major city auctions or at major art galleries.
4. California law calls for the disclosure of certain information (set forth below) in connection with the offer and sale of multiples, including fine prints, sculpture and photography. In the event that the prescribed information is not known to the person offering and selling such items, such person is permitted, under law, to disclaim knowledge thereof. The information to be disclosed in connection with the sale of multiples includes the identity of the artist, the artist's signature, the medium, whether the multiple is a reproduction, the date when the multiple was produced, the status of the plate which produced the multiple, and the number of multiples in a limited edition.
5. The Auction Catalogue contains the foregoing information as to any and all multiples described therein to the extent that such information is known to the Museum of Ancient and Modern Art and/or the Nevada County Arts Council. Wherever any item of such information has not been provided herein with respect to a particular print, knowledge of such item of information is hereby specifically and categorically disclaimed by the Nonprofits. If after payment and delivery, it is proven that the information provided is incorrect, the purchaser may be entitled to certain remedies, including refund upon return of the multiple in the condition in which received.
6. Any item not accurately described may be returned by the original purchaser within thirty days from the date of purchase for full refund less Buyer's Premium.
7. The Nonprofits reserve the right to withdraw any lot before or at the time of sale.
8. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. The Auctioneer has the right to reject any bid and to advance the bidding at his absolute discretion and, in the event of any dispute between bidders, to determine the successful bidder or to re-offer and re-sell the article in dispute. The Auctioneer also has the right to refuse any bid which, in his opinion, is not commensurate with the property offered, or which he feels is merely a nominal or fractional advance over the previous bid.
9. On the fall of the Auctioneer's hammer, title to the offered lot shall pass to the Purchaser, who shall forthwith assume full risk and responsibility, and pay the full purchase price thereof. If any applicable condition herein is not complied with by the Purchaser, the Nonprofits may, in addition to asserting all the remedies available by law, including the right to hold the Purchaser liable for the purchase price, either (i) cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or (ii) resell the property at public auction or privately on seven days' notice to the Purchaser. If the Nonprofits resell the property, the Purchaser shall be liable for the payment of any deficiency in the sales price and all costs including warehousing and the expenses of both sales.
10. All lots are to be picked up and paid for at the time of the particular sale by cash, check, Visa or MasterCard, unless prior credit and/or shipping arrangements have been made. After payment has been made in full, the Nonprofits will, as a service to Purchasers, arrange to have property packed, insured and forwarded at their request, at the expense and risk of the Purchaser. All shipping charges will be prepaid or collect. Lots not claimed within seven (7) days of sale will be subject to a one (1%) percent monthly storage fee.
11. Unless the lot is announced to be without reserves, each is offered subject to a reserve price, and the Nonprofits may bid to protect the reserve. All reserves are confidential.
12. Bids which are submitted to the Nonprofits in writing or by telephone for execution at or below a specified price, are entertained and executed by the Nonprofits for the convenience of bidders, and the Nonprofits shall not be liable for failing to execute such bids or for errors relating to their execution of such bids.
13. A bid by any person shall be deemed conclusive proof that the bidder has made herself or himself acquainted with the Terms and Conditions of sale and agrees to be bound by them.
14. The Auctioneer may open bidding on any lot by placing a bid on behalf of the seller. The Auctioneer may further bid on behalf of the seller up to the amount of the reserve by placing successive or consecutive bids for a lot or by placing bids in response to other bidders.
15. The Purchaser shall pay any applicable state and local sales tax and any applicable compensating use tax of another state which the Nonprofits may be required by law to collect, at the time of payment for the article purchased. Unless exemption from such taxes is established to the Nonprofits' satisfaction, any Purchaser claiming an exemption will be required to pay the tax and to seek a refund from the applicable state if appropriate.
16. Sales to out-of-state customers are subject to sales tax if the property is delivered to the Purchaser in California. A sale is exempt from sales tax only if the retailer, according to the contract of sale, is required to ship and does ship the property sold to an out-of-state point by means of the retailer's facilities or by delivery to a carrier, custom's broker, forwarding agent or the U.S. Postal Service. In addition, sales made to California residents, with the property shipped to an out-of-state point, are subject to use tax unless the Purchaser provides the seller with a statement in writing that the property is being purchased for use outside of California.