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BID
FORM
Please provide the following contact information:
Copyright 1999 Clark Cierlak Estate Auction Services
Last revised:
January 13, 2010
Thank you for participating in our sale. We are now receiving property for
our next sale. Call Clark Cierlak @ (818) 783-3052. Thirty years in the fine arts business!
CONDITIONS OF SALE
AND
TERMS OF GUARANTEE
The
following Conditions of Sale and Terms of Guarantee apply to all property
offered for sale or at auction by Clark Cierlak Fine Arts or
Clark’s
Fine & Art Auctioneers Inc. This
includes catalogued, non-catalogued, consigned or inventory property offered
for sale or at auction. All
property descriptions, whether listed in the catalogue or not, may be
amended by us by the posting of an addendum, erratum, notice, or by oral
announcements made during the auction or sale.
All consigned property is offered by Clark Cierlak Fine Arts or
Clark’s
Fine & Art Auctioneers Inc. as an agent for the Consignor(s).
By bidding, purchasing, or agreeing to purchase at auction or sale,
you warrant that you are bound by these Conditions of Sale and Terms of
Guarantee. All bids and
agreements to purchase are contractual and intentional.
Under no circumstances will any bids or agreements to purchase be
recognized as accidental or unintentional.
A.
All
property is available for inspection.
We recommend that everyone personally inspect any property before
bidding on or agreeing to purchase it.
Although reasonable efforts have been made to describe the property,
it is the buyer's responsibility to inspect the property prior to the
auction or sale (see paragraph J). Unless specifically requested none of the
property has been inspected by Clark Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. for a condition report, no assumption of
condition is made or suggested by a description or the lack of description
in the catalogue, addendum, online listing or verbal announcement.
B.
A
buyer's premium will be added to the successful bid or sale price and is
payable by the purchaser as part of the total purchase price.
The buyer's premium is 18 ½ %
of the successful bid or sale price.
C.
Online, telephone and absentee bidders as well as bidders not known to Clark
Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. are required to supply us with a valid
MasterCard or Visa credit card (in their name) or a bank letter of credit
prior to the auction. Bids will
not be honored if such arrangements are not made before the auction.
Bidders not known to Clark Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. who would like to pay with a business or
personal check are required to supply us with a bank letter of credit prior
to the auction. We will then hold the purchases until the check has cleared
our bank. Credit cards are only accepted in person with valid photo
identification unless otherwise agreed upon by Clark Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. Other approved electronic payments will be
subject to processing fees.
D.
Property is offered in lots for the auction.
All bids are per lot as numbered in the catalogue unless otherwise
announced by the auctioneer or listed as such on the catalogue's addendum.
E.
We
reserve the right to withdraw any property from the auction or sale for any
reason whatsoever and shall have no liability for doing so.
F.
The
auctioneer reserves the right to reject any bid for any reason whatsoever
and shall have no liability for doing so.
This includes, but is not limited to, opening bids below the reserve,
insufficient advances or increments, or bids from a questionable bidder.
The highest bidder acknowledged by the auctioneer will be the
purchaser. In the event of any
dispute between bidders, or if there is doubt on our part as to the validity
of any bid, the auctioneer will determine who is the successful bidder.
The auctioneer may cancel the sale or re-offer and resell the article
in dispute. If any dispute
arises after the sale, our sales record is conclusive.
We are not responsible for any errors or omissions in connection with
absentee, Internet or telephone bids.
G.
If a
lot is offered with a reserve the auctioneer may bid for the consignor up to
the reserve. The auctioneer may open the bidding and or place consecutive
bids on behalf of the consignor.
In instances where the auctioneer may have an interest in the lot other than
the commission, the auctioneer may bid up to the reserve to protect such
interest. Any lot that is
consigned to us without a reserve may be assigned a reserve, which in our
judgment is appropriate.
H.
Unless
exempted by law the purchaser will be required to pay the combined
California state and local sales tax, any applicable combination use tax of
another state, and if applicable, any federal luxury or other tax, on the
total purchase price. Out of state shipments must be made by a qualified
carrier. Dealers new to us will
be refunded the sales tax upon our verification of a valid
California
resale number issued specifically for the type of property purchased.
I.
The authenticity of the Authorship (creator, period, culture, or source of
origin, as the case may be, as set forth in the
Bold Type Heading of a catalogue
lot or as described on the Sales Agreement) of property is guaranteed for
one year from the sale date. If
within one year's time the purchaser returns the property in the same
condition as when purchased and gives us written proof from a recognized
impartial expert which establishes beyond a reasonable doubt that the
returned property is in fact a counterfeit or a forgery intended to deceive
and that this was not indicated by a fair reading of the auction catalogue,
sales agreement or auctioneer’s comments at the time of sale, then we and
the consignor will rescind the sale and refund the purchase price.
This is a non-assignable guarantee and applicable only to the
receipt-bearing original purchaser. The guarantee does not apply to (a)
property with a heading or description which includes the word or words
"after", "attributed", "manner", "style", "school", "circle", “follower”,
“collection”, “bearing”, “bears signature”, “complimentary signature”,
“signed artist’s name” or
“inscribed artist’s name”
(b) property sold as or listed under
the heading or section “Decorative Arts” or “Fine Decorative Arts”, (c) lots
with a low estimate of $500. or less, (d)
lots offered without an estimate, (e) property offered in
a weekday auction.
J .
Aside
from authorship, all property is sold "AS IS" without any warranties or
representations by us or the Consignor as to the exactness or correctness of
the catalogue, index, addendum, oral statement, or online description of the
medium, date, state, edition, size, quality, physical condition, rarity,
reference, importance, value, provenance, exhibitions, estimate, literature
or historical relevance of any property.
No statement anywhere, whether oral or written or online, whether
made in the catalogue, sales agreement, sales-room posting or announcement,
an advertisement, or elsewhere, shall be deemed such a warranty,
representation, or assumption of liability.
We and the Consignor make no representations and warranties
whatsoever as to whether the buyer acquires any copyrights or reproduction
rights in any property. Neither
we nor the Consignor are responsible for omissions or errors in the
catalogue, online description, or any other material.
K.
The
successful bidder recognized by the auctioneer will take title (subject to
fulfillment of all of the conditions of sale) to the offered lot on the fall
of the auctioneer's hammer, and (a) will assume full responsibility and risk
thereof, and (b) will immediately pay the full purchase price or deposit as
we may require. A late charge of
5 % per week of the total purchase price will be incurred by the purchaser
if payment is not made within 7 days from the sale date.
Seven days after the sale date (unless other agreed upon arrangements
have been made and honored), we can (a) apply late charges and storage fees,
(b) cancel the sale, (c) auction or privately resell the property and apply
the net proceeds after our selling commissions and expenses to satisfy the
unpaid balance, (d) sell any or all property the purchaser may have on
consignment with us without minimum or reserve regardless of previously
contracted terms, (e) forfeit the purchaser’s eligibility to complete the
sale and apply any late charges and storage fees, (f) apply any partial
payments to any late charges and storage fees, or (g) effect any combination
thereof. Any legal expenses
incurred by us to collect any or all of the payment due to us will be
charged to the purchaser. All
property must be removed from the premises by the purchaser at their expense
no later than one week after the date of sale unless other specific
arrangements are made with us or shipping arrangements have been requested.
Any item held by us after seven days may be stored or sent to a
storage facility, without liability on our behalf, for a charge of 5 % of
the total purchase price per day or ten dollars per day, whichever is
greater. If the storage charges
accumulate to an amount equal to or greater than the purchase price we can
then auction or privately resell the property or sell any or all property
the purchaser may have on consignment with us without minimum or reserve
regardless of previously contracted terms to satisfy the accumulated storage
charges after our selling commissions and expenses.
L.
These Conditions of
Sale
and Terms of Guarantee, as well as the buyer's and seller's respective
rights and obligations hereunder, shall be governed by and construed and
enforced in accordance with laws of the State of
California.
By
bidding at an auction or agreeing to purchase, whether present in person or
by agent, absentee bid, online, telephone or other means, the purchaser
shall be deemed to have consented to the exclusive jurisdiction of the state
courts of, and the federal courts sitting in, the State of California.
M.
In-house packing is available for most items for an additional cost.
United States Postal Service is currently not available for most
in-house packing. We can be not
responsible for the acts or omissions in our packing or shipping or those of
other carriers or packers whether or not recommended by us.
Packing and handling of purchased property is at the entire risk of
the purchaser. Insurance is
available upon request for most items. Clark Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. will not insure or make insurance claims for
glass, damage from glass, or for non-recommended frames or from damage from
thereof.
N.
Under
no circumstances and in no event will our liability to a purchaser exceed
the purchase price actually paid.
Clark
Cierlak Fine Arts or
Clark’s
Fine Art & Auctioneers Inc. generally uses the following bid increments :
$1.- $100.
by $5.
$100.- $200.
by $10.
$200.- $500.
by $25.
$500.- $1000.
by $50.
$1000.- $2000.
by $100.
$2000.- $5000.
by $250.
$5000.- $10,000.
by $500.
$10,000.- $20,000.
by $1000.
$20,000.- $50,000.
by $2500.
$50,000.- $100,000.
by $5000.
$100,000.- $200,000.
by $10,000.
$200,000.- $500,000.
by $25,000.
$500,000.- $1,000,000.
by $50,000.
$1,000,000. and above
Auctioneer’s discretion
GLOSSARY OF TERMS
Name of Artist:
Subject to the Conditions of Sale set
forth in this catalogue, each lot is identified to be the work of the artist
whose name appears in
BOLD TYPE HEADING.
This
heading may precede a single lot or a series of lots by the same artist (see
article "I" in the Conditions of Sale And Terms of Guarantee. Title:
If there is a generally accepted title for the work, that title is given at
the beginning of the lot description. If the work does not have a title or
the title is not known to us, a descriptive title is given instead.
References: Whenever possible, standard catalogues of the artist's works
are cited in parentheses following the title. This is done to facilitate
identification and to indicate where the reader might seek further
information with respect to any of the subjects mentioned below and does not
necessarily indicate state or that catalogue was actually viewed by us.
Date: Unless otherwise indicated, we believe the date given is the date
of execution of the work, plate or master. A date preceded by a "c." (circa)
represents our best judgment of the approximate date. Medium: The
primary medium is identified following the title, reference or date. The
terms used are intended as general description and may not cover all the
techniques employed by the artist. Signature: Unless otherwise
indicated, a work is described as signed only if it has, in our opinion, a
signature of the identified artist. The terms “bears signature” or “signed
artist’s name” or “inscribed artist’s name” or “complimentary”
do not reflect our opinion that it is the signature of the identified
artist. Edition: Within the limits of information available to us, a
reasonable effort has been made to state accurately the size of a numbered
edition. Measurements: Measurements are given, in inches, height
before width and may be by sight or rounded off. Framing: "Framed"
works are usually sold in the frames in which they have been received by
us. We take no responsibility either for the appearance of frames or for
their conformity to proper conservation standards. Estimates: A
range of numbers following the lot description is a suggested bidding
guideline for the expected auction price of the lot.
14452 Ventura Boulevard,
Sherman Oaks, California 91423
Between Beverly Glen &
Van Nuys Boulevard
(818) 783-3052 fax: 783-3162
gallery@pacbell.net |
