Conditions of Sale
1. CORRECTNESS OF DESCRIPTION: Robert C. Eldred Co., Inc. (hereinafter referred to as Eldred's) has exercised reasonable care to catalog and describe correctly the property to be sold, but neither Eldred's nor its consignors warrant the correctness of description, attribution, authenticity, or condition of said property. No statements shall be deemed such a warranty or representation or an assumption of liability with respect thereto, but are to be construed as opinions only. Bidders are encouraged to personally examine all property to be sold prior to the beginning of the auction.
2. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered.
3. Eldred's reserves the right to withdraw any property before the sale.
4. DETERMINATION OF HIGHEST BIDDER: The highest bidder accepted by the auctioneer shall be the buyer. In the event of any dispute between bidders, the auctioneer may determine who is the successful bidder or the auctioneer may re-offer the article in dispute and his decision shall be final.
5. REJECTION OF BIDS: The auctioneer reserves the right to reject any nominal raise or any bid or raise which, in his opinion, is not commensurate with the value of the article being offered. At his discretion, he may also reject any nominal raise or any bid that he may determine as having a detrimental effect on the item in question or the sale as a whole. Eldred's may refuse to issue bidding privileges to any person not in good credit standing with Eldred's, who has no credit standing, or to any person who is deemed by Eldred's in its sole discretion, to be disruptive of or harmful to established auction practices, either before or after the acceptance of bids or the fall of the hammer.
6. TITLE: Except as herein otherwise provided, title will pass to the highest bidder as determined by the auctioneer, and the property is thereafter at the purchaser's sole risk and responsibility.
7. PAYMENT and SHIPPING: Please make payment at museum or by phone and pick up art promptly. Art is available to pick up Sunday, July 9, 12-4pm, Cahoon Museum of American Art, 4676 Falmouth Road, Cotuit, MA 02635 or by appointment with Claudia Smith at (508) 428-7581 or [email protected]. Shipping is available. There is a $15 handling fee in addition to actual UPS charges. UPS insurance is billed at $2.70 for the first $100 and at $.90 per hundred afterwards.
8. ORDER BIDS: Subject to these Conditions of Sale and to such terms and conditions as it may prescribe, but at no charge to the customer, Eldred's will undertake to execute all order bids submitted to it by a customer who has established credit with said company. Requests for such bidding must be given in writing with such clearness as to leave no room for misunderstanding as to the amount to be bid and must state the catalog number and the name or title of the article to be bid on. Telephone bids must be confirmed in writing or by cable. All bids are kept in strict confidence. In the event of identical bids, the earliest will take precedence (This applies to bids left directly with Eldred's NOT for online left bids). IMPORTANT ONLINE BIDDING NOTE: Because the live auction console does not differentiate between left bids and live bids, the first bid accepted by the auctioneer is the winning bid, regardless of the time the bid was originally left. Eldred's shall not be held responsible for errors or failure to execute bids. A deposit of 10% of the total amount bid is required. TELEPHONE BIDS: While the sale is in progress, bidding by telephone may be allowed by the auctioneer at his discretion. A deposit of 10% of the anticipated top bid is required. Eldred's shall not be held responsible for any failure to properly execute such a bid whether it be due to equipment failure, loss of connection, or failure to hear or understand the bidder's directions. Any advice or opinions provided by Eldred's or its employees are given strictly as a courtesy and are not a warrant of condition, attribution, authenticity, or description of said property. All bidding by telephone is solely at the risk of the bidder.
9. CONDITION: If for any cause whatsoever any article sold cannot be delivered, or cannot be delivered in as good condition as the same may have been at the time of sale, due to a failure or damage on the company's part, the sale will be cancelled, and any amount that may have been paid on account of the sale will be returned to the purchaser. EXCEPTION: Eldred's will not be held responsible for damage to picture frames or lampshades. Eldreds will not be responsible for damage by the shipping agent or their shippers after it has been delivered to such agent by Eldreds.
10. SALES TAX: All purchases are subject the buyer's individual sales tax rules and Eldred's economic nexus in the state. Please assume that your state sale's tax will be collected.
11. RESERVES: Unless advertised as an "Unreserved Auction", all sales may have items subject to reserve (an agreed upon price between the auctioneer and the consignor, below which the article will not be sold).
14. These Conditions of Sale cannot be altered except in writing by Eldreds or by public announcement by the auctioneer at the time of the sale.
15. Bidding on any article(s) indicates acceptance of the terms set forth above.
16. These Conditions of Sale
Buyer's Premium
A 5% Buyer's Premium will be charged on successful bids.
Contract
Your bid is a legally binding contract. Upon the fall of the auctioneer's hammer, title will pass to the highest bidder, and the property is thereafter at the purchaser's sole risk and responsibility. Users must register and be approved to bid before the auction. Eldred's reserves the right to deny approval for any reason.
Payment and Shipping
o Please make payment at museum or by phone and pick up art promptly. Art is available to pick up Sunday, July 9, 12-4pm, Cahoon Museum of American Art, 4676 Falmouth Road, Cotuit, MA 02635 or by appointment with Claudia Smith at (508) 428-7581 or [email protected]. Shipping is available. There is a $15 handling fee in addition to actual UPS charges. UPS insurance is billed at $2.70 for the first $100 and at $.90 per hundred afterwards.
