1st Annual Gala & Small Works Auction

This catalog, as may be amended by posted or oral salesroom announcements, represents the entire agreement with any, and all Buyers of the property listed herein. The following procedures, terms and conditions apply to all such property offered for sale by Montana Trails Gallery(Auction House) at the auction acting as Agent for the Owners/Consignors: 1. The auction reserves the right to withdraw or add any property before or at the time of sale. 2. The Auctioneer reserves the right to postpone the auction sale or any session thereof for a reasonable amount or of time for any reason whatsoever. 3. All property is sold “as is, where is” and neither the Auctioneer nor Consignor nor Auction House makes any express or implied warranties or representations with respect to the property or to the correctness of the advertisement, catalogue or any other medium used to announce this sale or to the description of any property sold in this sale. Any, and all descriptions, including the condition, age, correctness, provenance, attribution, quality, importance, size or authenticity of the property offered, are not to be taken as an affirmation of fact. All descriptions of sold property are for the purpose of identification only. 4. This is not an approval sale. Whether property purchased from this sale is by live bid or internet bid, all sales are final, and items may not be returned. 5. The Auctioneer reserves the right to reject any bids. The highest bidder acknowledged by the Auctioneer shall be the Buyer. In the event of any dispute between bidders, the Auctioneer will have the absolute and final discretion to either determine the successful bidder or reoffer and resell the property item in dispute. 6. Packing and shipping costs are the sole responsibility of the buyer. If purchased items are not picked up from the auction site (7 West Main Street, Bozeman, MT 59715). Shipping will be done at the buyer’s expense from local shippers. Shipping arrangements may be made through Montana Trails Gallery, Inc by calling (406)586-2166 or emailing info@montanatrails.com. 7. It is unlawful and illegal for Bidders to collude with other bidders to pay less than the fair value for a lot. Bidders in the sale acknowledge that the law provides for substantial penalties for those who violate these provisions. 8. At the fall of the Auctioneer’s hammer, title to the offered item shall pass to the Buyer and be acknowledged by the Auctioneer. The Buyer shall, (a) assume full risk and responsibility for the property item and (b) pay the full purchase price, including the disclosed Buyer’s premium. 9. Once the purchase price has been paid in full and after the sale has been completed, property is to be transferred from the auction house to the Buyer at the Buyer’s expense. The auction will, as a service to Buyers, arrange to have the property packed, insured, and shipped at the request, expense, and entire risk of the Buyer. Any, and all claims will be between carrier and owner (Buyer). 10. Items of property may be offered subject to a “reserve” or confidential minimum price below which the item will not be sold. In such instances, the auction may implement the reserve by bidding on behalf of the consignor, house, or owner of said consignment. 11. Neither the Auctioneer nor Consignor make any representations whatsoever that the Buyer of a work of art will acquire any reproductions rights thereto. 12. These conditions of sale and any other applicable conditions, as well as the Buyer’s and Auction’s rights and obligations herein shall be governed by, construed, and enforced, in accordance with the laws of the State in which the auction is held. If these conditions are not complied with by the Buyer, the auction may, in addition to other remedies available by law, including without limitation the right to hold the Buyer liable for the total purchase price stated on the final purchase invoice, either (a) cancel the sale and retain as liquidated damages any and all payments made by the Buyer or (b) resell the property privately or at public auction on three days’ notice to the Buyer for payment of any deficiency in the purchase price and all costs including handling charges, warehousing, the expense of both sales, the commissions, reasonable attorneys’ fees, any and all other charges due and incidental damages. 13. If we are prevented by fire, theft, or any other reason whatsoever, from delivering any property to the buyer, our liability shall be limited to the sum actually paid therefore by the buyer.