NLM Contemporary Glass Art Auction

TERMS OF SALE National Liberty Museum Live Auction 215-925-2800 (p) 215-925-3800 (f) (Hereafter referred to as "Museum") All property sold by The National Liberty Museum is sold "AS-IS, WHERE-IS" unless otherwise specified. The bidder assumes the full responsibility for inspecting and evaluating the property prior to bidding and must make an independent judgment as to the property, its value, and the accuracy of any descriptions or information provided about the property. The National Liberty Museum is a registered 501-c (3) charitable organization. If the price you pay for a piece exceeds the fair market value of the piece as stated in the auction catalog, the excess portion of the price may be deductible as a charitable contribution. Please consult with your tax advisor or preparer for details. All bidders are responsible for reading and understanding these Terms of Sale, as well as any supplemental notices. If you have any questions after having read the Terms of Sale, please contact Meegan Coll, at mcoll@libertymuseum.org or 215-925-2800, extension 117. 1. General Each lot in this catalog is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalog or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any employee of the Museum is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction, the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by the internet, or other absentee bids. Upon the announcement by the auctioneer, the successful bidder becomes the buyer and is immediately responsible for the amount of the successful bid, the buyer's premium, applicable taxes, and other charges provided for in the Terms of Sale. Sales Results: Results will be available by phone. Sales results will be available no earlier than 5 p.m. on our first business day following the auction or as soon as the Museum has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. We thank you for your understanding in this matter. The Museum retains all rights to copyright and other intellectual property contained in this catalog. 2. Buyers Premium, Purchase Price, and Billing Buyer's Premium/Purchase Price: a buyer's premium in the amount of 18% of the successful high bid will be added to the amount of the successful bid price. The buyers premium on property purchased on BidSquare will be in the amount of 18% of the successful high bid regardless of payment method. All bidding at auction and all purchases will be in U.S. Dollars. Billing: All successful bidders will be sent invoices by mail on the next business day after the auction. Upon the fall of the auctioneer's hammer, the successful bidder becomes the buyer and owner of the property and is responsible for the property, the amount of the successful bid, the buyer's premium, and other charges provided for in the Terms of Sale in U.S. Dollars, payable immediately. 3. Methods of Payment and Fees Cash. Check. Wire Transfers. Visa. MasterCard. Discover. American Express. Pay Pal. All payments are due immediately upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared. If payment is not received from BidSquare buyers within 10 (ten) days from the day we mail the invoice, we will have no choice but to place an NPB on the Buyers account. If payment is not received within thirty (30) days of the sale, the Museum reserves the right to impose from the date of sale a late charge of 1 1/2% a month of the total purchase price and deny all future credit. 4. Bidding Increments See the attached schedule The auctioneer has the sole and exclusive power, discretion and authority to regulate the bidding and its increments. 7. Absentee Bids We accept absentee bids by phone, by mail, in person, or by fax. Absentee bids are requested by no later than 5:00 p.m. on the business day before the auction. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. We buy all designated lots for you one bidding increment above where competition stops. Please check and comply with these increments. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the museum wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. (NOTE: Absentee bids left on Live Auctioneers are sent to the museum during the actual sale. There is no time advantage to these bids at all.) All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Museum is not liable or responsible for any errors or failure to do so. If you place absentee bids with the Museum, then choose to attend in person, bid by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. 8. Telephone Bids Lines are available on a first-come, first-served basis please reserve as soon as you are able. We want to hear from you no later than 12 noon on the business day before the auction. Please call to set up all phone line requests. Do not fax phone line requests. Determine the lots on which you most want to bid before calling and reserving the lines. If you need condition reports, please request and review them prior to reserving phone lines. We will call you at one phone number ONLY during the auction. If you are unsure of where you or your agent will be during the sale, we recommend you leave absentee bids. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer's behalf, should there be any problems with telephone connections. Your phone number and lots will be confirmed the day before the auction. Please do not change your phone number after your phone lines have been confirmed; if you do, the Museum reserves the right to not allow you to bid by telephone in that auction and will not be responsible for any breakdown in communications. We strongly recommend landlines, as, to date, they are more reliable than cellular phones. One of the reasons people bid by phone is to monitor how much they are spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. You may, however, leave absentee bids for any amount. Bids are placed on the telephone at the discretion of the Museum and at the callers' risk. Telephone bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Museum is not liable or responsible for any errors or failure to do so. 9. Internet Bids The Museum has engaged the services of BidSquare as a service for its clients who wish to bid and buy online. Please proceed to bidsquare.com for all necessary information on how to bid and buy online using this system. The user of Bidsquare indemnifies and holds the Museum and its consignors harmless against any claim arising out of or resulting from your use of the Bidsquare site, including all losses, damages, liabilities, and all fees (including attorneys fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Museum and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. 10. Auctioneers Determination Final A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments. 11. Reserves A reserve is the confidential minimum price established by the Museum and the consignor. If bids on a lot fail to reach the reserve, the lot will be passed. 12. Estimates The estimates provided in this catalog are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference. 13. Withdrawal of Property from Sale The Museum reserves the right to withdraw the property from the sale for any reason and with no liability whatsoever for such withdrawal. 14. Condition Reports Condition reports are statements of expert opinion by the staff of the Museum and/or independent consultants. If you would like condition reports for items in the sale, please call (215) 925-2800 x117. Our specialists will respond to requests as quickly as possible. You will be called prior to 5:30 p.m. on Thursday before the auction. Please be patient. We get many requests and we make every effort to respond to all of them in a timely fashion. The Museum is not liable or responsible for any errors or failure to do so. 15. Rescission by Buyer All property is sold "AS-IS, WHERE-IS." Neither the Museum nor its consignor shall be liable for damages such as, but not limited to, direct, indirect, special, incidental, punitive, or consequential, including the loss of profit or revenue, cost of obtaining alternative property, claims of customers of the buyer or otherwise. No refund will be made. The buyer acknowledges and expressly agrees to the provisions of the paragraph. 16. Payment, Collection, and Shipping Responses hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the Property. The buyer assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyers premium, applicable taxes, and any other associated expenses. Collection of Property and Storage Charges: The buyer will pay for the purchased Property immediately and remove it from the premises of the Museum. If the purchased Property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day. The Museum may, at its discretion, remove the purchased Property to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released. Those who choose to pick up their property from the Museum following the sale must call 24 hours in advance to arrange pick-up. Normal pick-up hours are Monday-Friday, 10:00 a.m. - 5:00 p.m. Packing and Shipping: The buyer is responsible for the shipment of all purchased Property. As a convenience to the buyer, the Museum will, if requested, give your property to a Philadelphia shipping contractor n Philadelphia, PA. This company will pack and ship or arrange shipment for you via UPS, FedEx or other carriers, fully insured, for a fee payable in advance by credit card. Shipments are made within three weeks after payment has been received. (If you have any shipping preference for any reason, please make sure your shipper carries insurance. We are not responsible for any damage or loss that occurs while your objects are in another's care. We will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this.) All international customs, duties, and other tariffs are the responsibility of the Buyer. The Museum will declare the selling price as the value in all cases. Shipping larger items: Larger items are objects whose safe packing will exceed the limits of common carriers. The Museum can arrange delivery by freight almost anywhere in the United States, fully insured, for a fee. We will work with any shipper of your choosing. 17. Buyer Default Remedies: If any of the Terms of Sale are not in full compliance with by the buyer, the buyer will be in default without need of notice by the Museum. The buyer shall be liable to the Museum for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to the Museum by law, the Museum may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In the event of default, the buyer will be responsible to the Museum for any deficiency, all costs, and expenses, including reasonable attorneys fees, collection fees and expenses, late charges, and other damages. The Museum may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in the Museums obligations. 18. Severability and Waiver If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale. 19. No Assignment Unless the Museum consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sales by the Museum. 20. No Modifications These Terms of Sale may not be changed unless the Museum and buyer have agreed to do so in a written agreement signed by both parties. 21. Miscellaneous The National Liberty Museum is a registered 501-c (3) charitable organization. If the price you pay for a piece exceeds the fair market value of the piece as stated in the auction catalog, the excess portion of the price may be deductible as a charitable contribution. Please consult with your tax advisor or preparer for details. Paragraph Heading: Paragraphs and subheadings are included in these Terms of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.