1. Bidding All lots are sold to the highest bidder at one advance over the second highest bid (or the opening minimum bid), plus a 10% buyer's premium. In the case of tie bids, the first bid received shall prevail. Bids may be made in person on the auction floor, by mail, telephone, fax, website, email, or by agent. Current catalog values (where possible) are used for all material, unless otherwise noted. You may speak with one of our lot describers for a more detailed description of a particular lot. Please call at least 72 hours prior to the sale (1-800-782-0066).
2. Bid Cancellations will only be accepted up to one hour prior to the sale. The Auctioneer reserves the right to withdraw any misdescribed lot. The right is reserved to reject bids, which in the Auctioneer's opinion, are not offered in good faith.
3. Reserves Some consignors have been advanced monies against the sale of their properties. It may be assumed that all lots are subject to a reserve price. The auctioneer may implement such reserve price by bidding on behalf of the seller.
4. Payment can be made by Cash, Check, Money Order, Credit Card (at no additional cost) or PayPal. Successful bidders who have furnished a credit card will have their lots forwarded immediately; all others will be invoiced, and payment must be remitted within 7 days. Lots will not be sent without full payment. Please allow 10 days for processing and mailing of lots. Bidders are responsible for shipping, handling and insurance costs. Overseas bidders are responsible for any custom duties and taxes imposed by their respective country. Proof of receipt of a shipment at the advised address shall constitute delivery. Title shall not pass to the buyer until full payment is received. A late payment charge of 2% per month will be imposed on all past due accounts over 30 days. If collection of any balance due requires legal action, the bidder is responsible for all legal fees incurred.
5. Expertization Extensions All lots are sold as genuine, unless otherwise noted. Lots accompanied by an Expert Certificate (COA) shall not be subject to re-certification if issued within the past 10 years. The following conditions apply to requests for expertization: (a) the lot must be paid in full; (b) the lot must be submitted by either the Auctioneer or the bidder to an expertizing authority recognized by the Auctioneer within 21 days of the sale; (c) if submitted by the bidder, bidder must notify Auctioneer and send a copy of the application form to the Auctioneer; (d) if submitted by the Auctioneer, the COA fee plus a $10 per lot handling fee and shipping costs to and from the expertizing service will be charged to the buyer; (e) any expenses incurred shall be borne by the buyer, except the Auctioneer shall be responsible for a full refund of the expertization charges if an adverse opinion is rendered; (f) Lots may NOT be returned due to 'grading' since it is highly subjective; (g) lots submitted for certification will be considered cleared 90 days from the date of the sale, unless written notification is received otherwise.
6. Artwork If you are buying a lot containing original artwork, you are buying the artwork only and NOT the right to commercially make prints and reproductions for sale to the public without the expressed written permission of the artist. Any glass used within frames will not be shipped; it will be removed prior to shipping. If you wish to keep the glass, you must pick up the lot in person or arrange your own shipping.
7. Shipping and Handling Charges are based upon the actual cost of packaging, insurance and shipping. Delicate or breakable items require additional packaging and may cost more, especially if
professional crating is required. Shipping charges depend upon your location and an estimate can be given when accompanied by your Zipcode or Country. Most bulky shipments to destinations within the USA are sent via UPS. We try to combine multiple items to reduce shipping & packing costs.
8. Returns & Refunds Every effort has been made to describe lots accurately. Any lot described incorrectly must be returned intact within 7 days of receipt. Photo illustrations may not be to scale, and in no case constitute an incorrect description. The following are NOT returnable for any reason whatsoever: (a) Lots containing multiple items (whether photographed or not) because of value; (b) lots described as containing items with faults or defects; (c) lots inspected by floor bidders or postal viewers; (d) lots described ‘sold as is’ or in ‘mixed’ condition; (e) photographed lots for reasons of centering, cancellations, margins or perforation faults; (f) lots may NOT be returned due to 'grading' since it is highly subjective; and, (g) lots altered from their original condition, including the addition of authentication markings, even if not genuine. If your auction invoice is not paid in full within 7 days of receipt, all lots will be rendered not returnable for any reason.
9. Tax Buyers residing in Missouri, or bidders picking up auction lots at the RegencySuperior Gallery are subject to state sales tax, unless exempt and provide a valid resale certificate.
10. Claims Should any dispute arise between bidders, the decision of the Auctioneer is final. Any oral or written statements, including those regarding condition, made by any staff of the Auctioneer are statements of opinion only, and should not be construed as warranties of any kind. The Auctioneer is a subscriber to the ASDA’s Code of Ethics for Public Auction firms. In the event of any dispute between the Auctioneer and Bidder, the parties agree to binding arbitration in accordance with the rules of the ASDA. This agreement contains a binding and enforceable arbitration clause, and shall be governed by the laws and regulations of the State of Missouri.
11. Prices Realized Posted on the website.
David M. Kols
10% Buyer Premium added to the hammer (selling) price of each lot