Conditions of Sale
Conditions of Sale
Bid Price:
Each buyer must have an assigned Buyer's Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer's premium equal to 26% of the first $500,000 of the bid price, plus 20% on any amount between $500,001 and $1,000,000, and 10% for any amount over $1,000,000 (for those who bid through the internet, there is a 2% surcharge for Clars Online Bidding or 5% for all other bidding platforms), plus 3) sales tax unless the purchaser is exempt by law from such taxes.
ACCEPTANCE OF BID: As each item is sold, the Auctioneer shall announce the winning bid and the Buyer's Number of the winning bid. Failure of the person assigned to the Buyer's Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
REGULATION OF BID: The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
Payment and Pickup:
Invoices must be paid in full within three days and merchandise picked up within two weeks of the date of sale. Payment may be made by cash, wire transfer, check, credit/debit card, or PayPal. Credit/debit card and PayPal payments will be subject to an additional 2% processing fee. A storage fee may be charged if merchandise is left longer than two weeks at a rate of $10.00 PER LOT PER DAY. If the property is left longer than 3 1/2 (three and one-half) weeks, you may not be approved to bid in any subsequent auction. We are not responsible for packing or shipping. Internet purchases on Clars Live are available same day of auction. Live Auctioneers & Invaluable purchases are available one day after the auction.
ABSENTEE BIDS: Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction. Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11 am on the first weekday following the sale to find out if they were successful.
NO TRANSFERS: No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.
RISK OF LOSS: In the event, delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY; ALL ITEMS SOLD "AS IS AND WHERE IS" THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
If a sale results in a cancelled sale, Clars will not accept responsibility for shipping or return shipping charges.
Any condition statement given to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The Gallery strongly recommends that one reviews a condition report for each item on which one plans to bid.
RIGHT OF RESCISSION: Not withstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser (a) gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein), and (b) with 10 days after such notice returns the lots to us in the same condition as at the time of sale and (c) establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser's sole remedy in the physical condition and size, quality, rarity, importance, provenance, exhibition, and literature of historical relevance. Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
APPLICABLE LAW: These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the State of California as applied to contracts entered into by residents of California and to be performed entirely within the State of California. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the Gallery, bidders, and purchasers) consent irrevocably and exclusively to venue in Alameda County in the State of California.
ATTORNEY'S FEES: In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs.
PAYMENT: Cash, cashier's check, wire transfer, personal check (items may be held until the check clears), and ATM, American Express, MasterCard, Discover & VISA accepted, but not for vehicles. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. Time is of the essence.
DO WE GUARANTEE THAT A CERTAIN PIECE OF ART IS BY A PARTICULAR ARTIST?
PLEASE SEE THE CATALOG DESCRIPTION/ All authorship of items in this catalog are described according to the following terms:
• By Maurice Braun: In our opinion, the work is by the artist.
• Attributed to Maurice Braun: In our opinion, the work may be ascribed to the artist on the basis of style, but there may be some question as to actual authorship.
• In the manner of Maurice Braun: In our opinion, the work was executed by an unknown hand, but was designed deliberately to emulate the style of the artist.
• After Maurice Braun: In our opinion, the work was executed by an unknown hand, but is a deliberate copy of a known work by the artist.
• Circle of Maurice Braun: In our opinion, a work of the period of the artist showing his influence, closely associated with the artist but not necessarily his pupil.
• Follower of Maurice Braun: In our opinion, a work by a pupil or a follower of the artist (not necessarily a pupil).
• American, 19th century: In our opinion, this work was executed by an unknown hand, and can only be identified by origin (i.e., region, period).
• Bears signature: In our opinion, the signature on the artwork may be spurious.
• Apocryphal: Of doubtful authenticity.
Condition:
We may include a brief note on condition within the catalog description. We do this when the condition problem is serious enough to affect the estimate of the artwork. This does not constitute a complete condition report, nor should it be assumed that artworks cataloged without mention of condition are in perfect condition.
JEWELRY: A buyer's responsibility is to examine any item(s) of potential interest carefully. This applies to all jewelry sold Clars Auction Gallery. Gemstone weights are approximate. A very large majority of gemstones today are subjected to a variety of treatments/enhancements. This includes diamonds and colored stones, the purpose is to improve their appearance color and/or clarity. Treatments such as heat, diffusion, irradiated, HTHP, oiling, resin, bleaching, dying and impregnation are just a few techniques known today. Some treatments are combined, some permanent and others are not. Not all treatments are detectable using standard gemological equipment. Prospective buyers are therefore reminded that unless otherwise noted in the description(s), or condition report, it must be assumed that some form of enhancement may have been used. Regarding Laboratories Reports: only reflect the opinions of the laboratory on that date. Each Laboratory has their own strengths and weaknesses, therefore differing in degrees of grading and/or treatments. Watches must be examined carefully with the assistance of the Clars staff. We give our opinion of function only at the time of cataloging. Clars does not guarantee the accuracy or future operation of any watch function, nor the authenticity of any individual parts, which are often subsequent to repairs, restoration or replacement. Please note that the movement has not been tested for the accuracy of time. Although we do attempt to mention in our descriptions significant defects, needed repairs, stones missing, enamel loss etc., we do not guarantee the accuracy or operation of any watch function. Condition reports are available for most pieces upon request. These reports contain more information that was observed during cataloging, other than the catalog descriptions. Images shown may appear smaller or larger than actual size.
International Credit Cards
International payment is accepted via Wire Transfer or PayPal only. International Credit Cards can be used to pay via the payment link on our invoice. Credit/debit card and PayPal payments will be subject to an additional 2% processing fee.
Shipping Information
Shipping Information
We do not have in-house shipping or packing facilities. Shipping is at buyer's cost. If a sale results in a canceled sale, we do not refund shipping or return shipping costs. Please contact one of the shippers listed below, or a shipper of your choice, for a shipping quote prior to bidding. They will need the lot number, short description, approximate selling price and your shipping address. They will pick up, pack and ship your items to you.
The following packers, shippers and movers have been used by other Clars Auctions customers:
Packers and Shippers:
PakMail; (415) 472-2533 [email protected]
The Packaging Store; (510) 420-1171 [email protected]
RM Auction Shipping Services; 1-650-952-1041; [email protected]
Delbert McCrea (CA only) (831) 566-6088, [email protected] (Blanket Wrap)
Local Transport (some will also do longer distances)
Plycon Vanlines (310) 419-1200
Delbert McCrea (831) 566-6088, [email protected] (Blanket Wrap)
Cross Country Transport
Vintage Transport (888) 882-4442
Wintersteen Trucking Inc. (800) 274-0311
RM Auction Shipping Services; 1-650-952-1041; [email protected]
Piano Movers
AA Piano Movers (510) 633-2828, www.mcpianomove.com
A1 Piano Movers (510) 783-8031
South Bay Piano Movers (408) 667-2572
Fine Art Transport
Atthowe Fine Art Services (510) 654-6816 [email protected]
Payment
We accept the following methods of payment:
Cash
Personal Check
Wire Transfer
Visa
MasterCard
American Express
Discover Card
PayPal
We do not accept international credit cards over the phone. International buyers wishing to pay with a credit card must use PayPal or wire transfer. Credit/debit card and PayPal payments will be subject to an additional 2% processing fee.
CA Sales Tax
If you are a resident of CA a 10.25% sales tax will be added to the hammer price plus buyer's premium. You must provide the gallery with a valid CA resale certificate to waive CA sales tax.
If you are a resident of MA, a 6.25% sales tax will be added to the hammer price plus buyer's premium. You must provide the gallery with a valid MA resale certificate to waive MA sales tax.
If you live outside of CA or MA, your purchases must be picked up and shipped by a licensed and bonded shipper in order to waive CA or MA sales tax.
Buyer's Premium
Our in-house base Buyer's Premium is 26%. The Clars Live Buyer's Premium is 28%. The online fee to bid via Invaluable is 5% for a total online Buyer's Premium of 31%.
Condition Reports
Detailed condition reports are not included in this catalog. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. For additional information, including condition reports, please contact us at [email protected]. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission.
