Auction Terms & Conditions
1 Your bidding on items indicates your acceptance of the following Terms
and Conditions of sale by Copley Fine Art Auctions, LLC. These terms are
subject to amendment before or during the sale. Copley Fine Art Auctions,
LLC operates as an agent of the seller only, and is not responsible in any way
in the event the seller or buyer fails to fulfill their respective agreements. In
all instances the auctioneer’s interpretation of these conditions is final and
binding on all bidders.
2 All bids are per lot as numbered in the catalog unless otherwise announced
by the auctioneer. The sales price shall consist of the final bid price plus the
buyer’s premium, plus any applicable sales tax. A buyer’s premium of 20%
(23% for online bidding) of the final bid price up to and including $1,000,000,
plus 15% of the final bid price over $1,000,000, will be applied to each lot
sold, to be paid by the buyer as part of the purchase price.
3 The auctioneer reserves the right to reject any bid that, in his opinion, is not
commensurate with the value of the lot.
4 The auctioneer has the sole right to re-offer a lot and/or settle disputed bids.
The record of sale kept by the auction house will be taken as final in the event
of dispute. Additionally, items may be withdrawn at any time prior to the
offering of each lot.
5 All goods are sold “as is” and all sales are final with no exchanges or refunds.
Copley Fine Art Auctions, LLC and its consignors make no representations
or warranties as to merchantability, fitness for a particular purpose, the
correctness of the catalog or other description of physical condition, quality,
size, medium, importance, rarity, provenance or historical relevance of any
property, and no statement made at the sale, or in the bill of sale, or invoice,
or elsewhere shall be deemed such a warranty or representation or an
assumption of liability. The purchaser assumes complete responsibility for
items at the fall of the hammer.
6 Successful bidders are to pay for their purchases during or immediately after
the sale or upon receipt of an invoice, unless other arrangements have been
authorized in writing by the auction house. Payment may be made by cash
or good check payable to Copley Fine Art Auctions, LLC. The auction house
reserves the right to hold property until checks clear. A monthly service charge
of 1.5% will be added to unpaid balances beginning 30 days after the sale
date. A $50.00 fee will be added for returned checks. If a check fails to clear
after the second deposit, the purchaser will be held responsible for any and all
fees incurred until we have collected good funds. All bidders holding a valid
Massachusetts or out of state resale number must provide their certificate or
a copy thereof while registering. Failure to do so will subject the bidder to a
mandatory 6.25% Massachusetts sales tax on purchases.
7 If the purchaser breaches any of its obligations under these Conditions of Sale,
including its obligation to pay in full the purchase price of all items for which it
was the highest successful bidder, Copley Fine Art Auctions, LLC may exercise
all of its rights and remedies under the law including, without limitation, (a)
canceling the sale, and applying any payments made by the purchaser to
the damages caused by the purchaser’s breach, and/or (b) offering at public
auction, without reserve, any lot or item for which the purchaser has failed to
pay in full the purchase price, holding the purchaser liable for any deficiency
plus all costs of sale.
8 Condition reports are not included in this catalog. It is the responsibility of
prospective bidders to examine lots and decide their level of interest. Neither
the auctioneer, Copley Fine Art Auctions, LLC, nor the consignor is responsible
for the accuracy of any printed or verbal descriptions. Copley Fine Art
Auctions, LLC strongly encourages clients to attend our previews and auctions
so as to best determine condition of lots. Due to the high volume of condition
requests, Copley Fine Art Auctions, LLC reserves the right to reject requests at
its sole discretion. All weights and measurements are approximate.
9 Some of the lots in this sale carry reserves or minimum selling prices. This is
a confidential figure set by the consignor and the auction house below which
a lot will not be sold. The reserve will not exceed the low estimate, and the
auction house will execute the reserve bids by bidding for the consignor.
Estimates are subject to change at any time prior to the offering of each lot.
10 Absentee and telephone bids will be executed when possible as a convenience
to customers: the auction house will not be held responsible for any errors or
failures to accurately execute bids. All absentee and telephone bids must be
received at least 24 hours before the start of the sale.
11 Buyers wishing to pick up items at the sale must do so by 5 PM on the day of
the sale. Buyers wishing to pick up items after the auction at our office may do
so only by appointment starting five days after the sale. We kindly ask that all
items be removed from our warehouse within 30 days of auction end to avoid a
$5 daily storage fee.
12 Shipping is the responsibility of the buyer. Upon request, we will provide a
list of shippers who deliver within the United States and overseas. Once your
payment has cleared, items may be released for shipment. Copley Fine Art
Auctions, LLC shall have no liability for any loss or damage to such items.
Buyers should allow up to four weeks for shipment.
13 Copley Fine Art Auctions, LLC may, at its discretion and at the buyer’s request,
package and ship sold items as directed by the purchaser. In such instances
1) the buyer shall prepay all related expenses, and 2) the buyer agrees that
all packaging, handling and shipment is at the sole risk of the purchaser, and
Copley Fine Art Auctions, LLC shall have no liability for any loss or damage to
such items. Buyer should allow four to five weeks for shipment.
14 Some property sold at auction can be subject to laws governing export from
the United States, such as items that include material from some endangered
species. Import restrictions from foreign countries are subject to these same
governing laws. Granting of licensing for import or export of goods from local
authorities is the sole responsibility of the buyer. Denial or delay of licensing
will not constitute delay or cancellation in payment for the total purchase price
of these lots.
15 Bidding increments will normally follow the pattern below, but may vary at the
sole discretion of the auctioneer:
To 950 50
1,000 - 2,400 100
2,500 - 4,750 250
5,000 - 9,500 500
10,000 - 24,000 1,000
25,000 - 47,500 2,500
50,000 - 95,000 5,000
Over 100,000 at auctioneer’s discretion
16 Copley Fine Art Auctions, LLC is the owner of the images of each lot offered
for sale, and may use such images at any time at its sole discretion for
advertising, publicity, and for archival purposes.
17 If you are bidding as an agent for another individual or company, and you
execute a bid on behalf of someone else under your bidder number, then you
are responsible for the settlement of that account.
18 In no event will the liability of Copley Fine Art Auctions, LLC to any purchaser
with respect to any item exceed the purchase price actually paid by such
purchaser for such item.
19 Any legal disputes arising from this auction shall be settled in the court system
of the Commonwealth of Massachusetts.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.