ArtiFacts XXXVI

rms TERMS & CONDITIONS The items will be in display before the auction at 20801 Biscayne Blvd Suite 401-403 by appointment. Any extra picture will be taken prior sale for a specific item if potential buyer requires All property offered for sale is strictly "As is, where is", and with all faults. It is the bidder's responsibility to determine the exact condition and authenticity of each item. 1. Prior to sale, all bidders must register with Intervendue or online to participate in live bidding 2.Phone Bids: Arrangements for telephone bidding can be made by completing and submitting the Telephone Bid Form by 5:00 pm the day prior to sale day. This form can be obtained by emailing or calling our office. All bids must be secured with a credit card number. All telephone bids will be executed in a fair, competitive and confidential manner. Intervendue will make all reasonable effort to contact the bidder prior to the sale of the lot of interest to the bidder. Intervendue accepts no liability for the failure to reach the bidder or for any errors or omissions in connection with phone bids. On-line Bids: Intervendue makes all reasonable efforts to execute on-line bids. Intervendue accepts no liability for equipment failure, inability to access the internet or software malfunctions related to the execution of on-line bids. Item ownership is conveyed immediately following the fall of the auctioneer's hammer. While we always try to store all items with great care, Intervendue will not assume liability for any loss or damage to an item after the hammer has fallen 3. The State of Florida Sales Tax (6%) is computed on this total purchase price. The purchaser will be required to pay Florida Sales Tax unless exempted through possession of a valid State of Florida Sales Tax number on file or out of state ID or Business. Please Note: The State of Florida has no arrangement of reciprocity with any other jurisdiction and the Auctioneer cannot honor a Sales Tax number from any other jurisdiction. 4. Your Bid is a contract. In the event of a tie bid between in house, absentee and online auctioneer has the right to give floor bid precedence. All auction purchases must be paid within 5 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. 5 Payment can be made in the form of Visa with proper Documentation, MasterCard with proper Documentation, Cash (in house only), Personal Check, Cashier's Check, or Money Order, Wire Transfer, Personal Check or Cashier's Check and Paypal. . For any Invoices over $1,500.00 payments MUST be made by Wire Transfer, Personal Check, Cashier's Check or Money Order.Our postal mailing address is:20801 Biscayne Blvd. Suite 401-403. Miami FL 33180 email address intervendue@gmail.com. Payment must be received within 5 Business days following the auction and no later than 7 Business days to avoid receiving an unpaid item strike. . Our banking information is as follows: Bank of America 19645 Biscayne BLVD Aventura, FL. 33180 For Domestic Wire Transfers use - ABA 063000047 ACCT# 063000047 ACCT# 898129553637 . For International Wire Transfers use - SWIFT BOFAUS3N Routing 063000047 ACCT# 898129553637 . Invoices over $5000 USD must be paid via Wire Transfer, Personal Check or Cashier's Check an $25 wire fee will be added 6. Buyer Pays for Shipping Cost 7 Insurance: All items are insured for the full purchase amount less carrier shipping charges, or the maximum amount allowed by the carrier and/or country of destination. However, insurance is not included in the specified shipping amount listed in the item description. Insurance may be purchased at the rate of $1.00(US) per $100.00(US) of insurance coverage. All invoices are sent with insurance already factored into the shipping charge. 8 All Sales Final: Notwithstanding any other terms of these conditions, any and all refunds shall be given at the sole discretion of Intervendue. There are no exceptions to this refund policy. 9. The Right to Withdraw Lots: Intervendue reserves the right to withdraw any lot before or at the sale. 10. Buyer's Premium: The purchase price payable by a buyer shall be the sum of the final bid plus a premium of 25% of the final bid price. The customer is supposed to Make a shipment thru the Liveauctioneers Shipping system (a) You must collect purchased lots within thirty (30) days of the auction. We can assist in making shipping arrangements by suggesting art handlers, packers, transporters, or experts, but you must arrange all transport and shipping with them, and we are not responsible for their acts, failure to act, or neglect. Hindman has several salerooms throughout the country and the location of sales, or individual items may vary. It is important to check with our website and be aware of where each lot is located, for both viewing and for shipping. (b) If you do not collect any purchased lot within thirty (30) days following the auction, we may, at our sole option, (i) charge you storage and insurance costs; (ii) move the lot to another Hindman location or to a third-party warehouse, whereupon we will charge you transport costs, insurance costs, and administration fees for doing so, and you will be subject to the third-party storage warehouse?s standard terms and responsible for paying its standard fees and costs; or (iii) sell the lot in any commercially reasonable way we think appropriate. (c) In accordance with applicable state law, if you have paid for the lot in full but you do not collect the lot within the time specified by the law of the state where the auction takes place, we may charge you state sales tax for the lot. (d) Nothing in this paragraph is intended to limit our rights under paragraph D(6). 8. EXPORTING, IMPORTING, AND ENDANGERED SPECIES (a) The shipping of a lot is affected by United States export laws or the import laws of other countries. If you are outside the United States, then local laws may prevent you from importing a lot. You alone are responsible for seeking advice prior to bidding and meeting the requirements of any law or regulation applying to the export or import of a lot. (b) Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife?such as, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood?may be subject to export controls in the US and import controls in other countries. You should check the relevant wildlife laws and regulations before bidding on any lot containing wildlife material if you plan to export the lot from the United States, import the lot into another country, or ship the lot between states. Your purchase of a lot containing endangered and other protected species of wildlife is at your own risk, and you shall be responsible for any scientific test or other reports required for export from the United States or for shipment between states. We will not cancel your purchase and refund the purchase price if your lot may not be exported, imported, or shipped between states, or if it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to import, export, and/or interstate shipping of a lot containing endangered and other protected species of wildlife. E. WARRANTIES 1. SELLER?S WARRANTIES For each lot, the seller gives a warranty that the seller (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot or the right to do so by law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price (as defined in paragraph D(3) above) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages, or expenses. The seller gives no warranty other than as set out above, and as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller that may be added to this agreement by law, are excluded. No employee or agent of Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the seller?s warranties or creates an additional warranty on behalf of the seller with respect to a lot. Any such representation, other information, or additional warranty shall be null and void. 2. OUR LIMITED AUTHENTICITY WARRANTY Our limited authenticity warranty, which lasts for one (1) year from the date of a live auction or three (3) months from an online only auction, is that the lots in our sales are authentic as defined in paragraph H, below. You must notify Hindman regarding concerns of authenticity in writing within one (1) year of the date of a live auction or within three (3) months of the date of an online only auction. Following receipt of that written notification, subject to the terms below, Hindman will refund the purchase price paid by the client. The terms of this limited authenticity warranty are as follows: (a) It will be honored for claims notified in writing within a period of one (1) year from the date of a live auction or three (3) months from an online only auction. After such time, we will not be obligated to honor the limited authenticity warranty. (b) It is given only for information shown in UPPERCASE type in the first line of the catalogue description (the Heading). It does not apply to any information other than that in the Heading, even if it is shown in UPPERCASE type. (c) It does not apply to any Heading or part of a Heading that is qualified. ?Qualified? means limited by a clarification in a lot?s catalogue description or by the use in a Heading of one of the terms listed in the definition of ?qualified? provided in paragraph H, below. Qualified Headings are not covered at all by this limited authenticity warranty. (d) It applies to the Heading as amended by any saleroom notice. (e) It does not apply where scholarship has developed since the auction, leading to a change in generally accepted opinion. Further, it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the auction or drew attention to any conflict of opinion. (f) It does not apply if the lot can only be shown not to be authentic by a scientific process that, on the date we published the catalogue, was not available or generally accepted for use, was unreasonably expensive or impractical, or was likely to have damaged the lot. (g) Its benefit is only available to the original buyer shown on the invoice for the lot, issued at the time of the sale, and only if, on the date of the notice of claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest, or restriction by anyone else. The benefit of this limited authenticity warranty may not be transferred by the original buyer to anyone else. (h) In order to make a claim under the limited authenticity warranty, you must (i) give us written notice of your claim within one (1) year of the date of a live auction or three (3) months from an online only auction ; (ii) at our option, pay for and provide us with the written opinions of two recognized experts in the field, mutually agreed upon by you and us, confirming that the lot is not authentic (we reserve the right to obtain additional opinions at our expense); and (iii) return the lot at your expense to the saleroom from which you bought it in the condition it was in at the time of sale. (i) Your only right under this limited authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than the purchase price, nor will we be liable for any loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, other damages, or expenses. (j) No employee or agent of Hindman is authorized to make a representation or provide additional information, whether orally or in writing, that amends the limited authenticity warranty or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void. 3. ADDITIONAL WARRANTY FOR BOOKS If the lot is a book, then we give an additional warranty to the original buyer shown on the invoice for the lot issued at the time of the sale in the following circumstances: (a) We will refund the purchase price to the original buyer if we, in our sole discretion, are convinced that the book is defective in text or illustration, subject to the following terms: (i) This additional warranty does not apply to (A) the absence of blanks, half titles, tissue guards, or advertisements; or damage in respect of bindings, stains, spotting, marginal tears, or other defects not affecting the completeness of the text or illustration; (B) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps, or periodicals; (C) books not identified by title; (D) lots sold without a printed estimate; (E) books that are described in the catalog as sold not subject to return; or (F) defects stated in any condition report or announced at the time of sale. (ii) To make a claim under this additional warranty, you must give written details of the defect within twenty-one (21) days of the date of the sale and return the lot within twenty-one (21) days of the date of the sale to the saleroom at which you bought it in the same condition as at the time of sale. (iii) Paragraphs E(2)(b), (c), (d), (e), (h), and (i) also apply to a claim under this additional warranty. (c) No employee or agent of Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the additional warranty for books or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void. 4. JEWELRY (a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or cause the gemstone to require special care over time. (b) All types of gemstones may have been improved by some method. You may request a gemological report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction and you pay the fee for the report. (c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalogue. Reports from American gemological laboratories describe any improvement or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report. (d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced. 5. WATCHES AND CLOCKS (a) Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not give a warranty that any individual component part of any watch is authentic. Watchbands described as ?associated? are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys. (b) As collectors? watches often have very fine and complex mechanisms, you are responsible for any general service, change of battery, or further repair work that may be necessary. We do not give a warranty that any watch is in good working order. Certificates are not available unless described in the catalogue. (c) Most wristwatches have been opened to find out the type and quality of movement. For that reason, wristwatches with water-resistant cases may not be waterproof, and we recommend you have them checked by a competent watchmaker before use. (d) Many of the watches offered for sale in this catalogue are pictured with straps made of endangered or protected animal materials such as alligator or crocodile skin. When straps are shown for display purposes only and are not for sale. We may remove and retain the strap prior to shipment from the sale site. Please check with the department for details on a lot with such a strap. 6. YOUR WARRANTIES You warrant to us and the seller that (a) the funds you use for payment are not connected with any criminal activity, including tax evasion, and neither are you under investigation, nor have you been charged with or convicted of money laundering, terrorist activities, or other crimes; (b) where you are bidding on behalf of another person, (i) you have conducted appropriate customer due diligence on the ultimate buyer(s) of the lot(s) in accordance with all applicable anti-money laundering and sanctions laws, you consent to us relying on this due diligence, you will retain for a period of not less than five (5) years the documentation evidencing the due diligence, and you will make such documentation promptly available for immediate inspection by an independent third-party auditor upon our written request to do so; (ii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes; (iii) you do not know, and have no reason to suspect, that the funds used for payment are connected with or the proceeds of any criminal activity, including tax evasion, or that the ultimate buyer(s) are under investigation for, or have been charged with or convicted of, money laundering, terrorist activities, or other crimes. F. OUR LIABILITY TO YOU (a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees about any lot other than as set out in the limited authenticity warranty or in the additional warranty for books, and as far as we are allowed by law, all warranties and other terms that may be added to this agreement by law are excluded. The seller?s warranties contained in paragraph E(1) are their own, and we do not have any liability to you in relation to those warranties. (b) We are not responsible to you for any reason (whether for breaking this agreement or for any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us, or other than as expressly set out in these Conditions of Sale. (c) WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH. (d) Our written and telephone bidding services, online bidding services, and condition reports are free services, and we are not responsible to you for any error, omission, or failure of these services. (e) We have no responsibility to any person other than a buyer in connection with the purchase of any lot. (f) If, despite the terms in paragraphs F(a)?(e) or E(2)?(3) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses. G. OTHER TERMS 1. OUR ABILITY TO CANCEL In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation. 2. RECORDINGS We may videotape and/or audio record proceedings at any auction. We will keep any personal information confidential, except to the extent that disclosure is required by law. If you do not want to be videotaped, you may decide to make a telephone or written bid or bid online instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction. 3. COPYRIGHT We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot, including the contents of our catalogues, unless otherwise noted therein. You cannot use them without our prior written permission. We make no representation and offer no guarantee that the buyer of a lot will gain any copyright or other reproduction rights. 4. ENFORCING THIS AGREEMENT If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected. 5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES You may not grant a security over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities. 6. PERSONAL INFORMATION We will hold and process your personal information in line with our privacy policy at www.hindmanauctions.com. 7. WAIVER No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 8. LAW AND DISPUTES This agreement, and any noncontractual obligations arising out of or in connection with this agreement, or any other rights you may have relating to the purchase of a lot will be governed by the laws of Illinois. You and we agree to try to settle the dispute by mediation submitted to JAMS, or its successor, for mediation in Illinois. If the dispute is not settled by mediation within sixty (60) days from the date when mediation is initiated, then the dispute shall be submitted to JAMS, or its successor, for final and binding arbitration in accordance with its Comprehensive Arbitration Rules and Procedures or, if the dispute involves a non-US party, the JAMS International Arbitration Rules. The seat of the arbitration shall be Illinois, and the arbitration shall be conducted by one arbitrator, who shall be appointed within thirty (30) days after the initiation of the arbitration. The language used in the arbitral proceedings shall be English. The arbitrator shall order the production of documents only upon a showing that such documents are relevant and material to the outcome of the dispute. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. Bid Increments PriceBid Increment $0$25 $500$50 $1,000$100 $2,000$200 $5,000$500 $10,000$1,000 $50,000$2,000 $100,000$5,000 $200,000$10,000 $1,000,000,000$10,000,000