Clark's Fine Art Gallery & Auctioneers Inc.
Contact Consignments Past Sales Catalog Index Bid form Special
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
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
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 19% 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
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
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
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
Cierlak Fine Arts or
$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
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.