Fine Art Terms and conditions
CONDITIONS OF AUCTION SALE
The following Conditions of Sale, including the appended notes and other information, whether printed or online, as they may be amended by any posted notices or oral announcements before or during the auction sale, constitute the entire agreement between Barridoff Galleries, representing its consignors, and the bidder relative to the item being sold and the conduct of the sale. By registering for or participating in the sale, all bidders agree to the terms hereof.
1. The contract for sale for any item purchased at auction is between the consignor and the winning bidder. Barridoff Galleries acts as the consignor’s agent only, unless Barridoff Galleries is selling the item as principal. Barridoff Galleries may reject any bid for any reason. Items are sold with reserve and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any item at any time before its actual sale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in its sole discretion, and its decision shall be final and binding. Absentee bidding, telephone bidding and online bidding options are available. As a convenience to clients who cannot attend a sale in person, absentee/telephone bid forms may be found on the Barridoff Galleries website. Online bidding may also be available on one or more online auctioneering websites as announced by Barridoff Galleries, the conduct of which Barridoff Galleries takes no responsibility. Barridoff Galleries is not responsible for errors and omissions in connection with absentee, telephone, Internet or other remote bidding methods and that mistakes made by bidder are bidder’s responsibility. Bidder understands that any dispute regarding the auction or a purchased item is between the consignor and the winning bidder unless the dispute concerns the conduct of the sale or other issue within Barridoff Galleries’ sole responsibility and control.
Under Maine Law and the Uniform Commercial Code, the bidder with the highest bid recognized by the auctioneer upon the fall of the hammer becomes the owner of the item, even if the bidder mistakenly bid on or otherwise unintentionally won that item. Attention to the item being bid on and the conduct of the bidder’s bidding, particularly while online bidding, is the sole responsibility of the bidder and Barridoff Galleries takes no responsibility nor will rescind or refund a sale in which the winning bidder claims to have won unintentionally or by mistake.
2. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot (See note on estimates in paragraph 8.) Statements of condition may be provided. However, these provenances, estimates and statements of condition and any other information provided by Barridoff Galleries or its staff are merely the opinion of Barridoff Galleries and may not be taken as statements of fact to substitute research regarding and inspection of the item by the bidder, more fully described in paragraph 3. Barridoff Galleries, however, will endeavor to provide the most accurate and complete information on an item and answer to the fullest extent possible any reasonable question, subject to the disclaimers herein. An item may be described as an attribution or “attributed to,” indicating that the authenticity of the item cannot be definitively determined (also see Old Masters in Notes and Other Information, below). The auctioneer may make corrections and provide additional information as available at the time of sale.
3. Barridoff Galleries is not responsible for errors and omissions contained in the catalog, presented by the auctioneer or in any of the information detailed in paragraph 2. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold “AS IS.” Prospective bidders bear sole responsibility to inspect an item before bidding to determine the item’s authenticity, condition, size and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any item or whether the bidder acquires any reproduction rights of the item.
Barridoff Galleries offers the opportunity for prospective bidders to examine an item and Barridoff Galleries undertakes no obligation to bidders for Barridoff Galleries to examine, investigate or carry out any tests, either in sufficient depth or at all, to establish the authenticity or accuracy or otherwise of any description or opinion of Barridoff Galleries, whether given orally, in writing, on its website or any published catalog or literature. Bidders should not assume that any such examination, investigation or test has occurred. Barridoff Galleries does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in contract or in tort) with respect to the accuracy or completeness of any statement or representation made by Barridoff Galleries or on Barridoff Galleries’ behalf that is in any way descriptive of any item or as to the anticipated or likely selling price of any item. No statement or representative by Barridoff Galleries or on Barridoff Galleries’ behalf in any way descriptive of any item or any estimate is incorporated into these terms and conditions or agreement for sale with bidder.
4. Barridoff Galleries charges the winning bidder a premium to be added to the hammer price on each item purchased. This premium is equal to:
-22% of the hammer price for telephone and absentee bids
-24% of the hammer price for online bidding with Barridoff Galleries
-25% of the hammer price for live bidding (present in the room)
-26% of the hammer price for online bidding with Bidsquare
-27% of the hammer price for online bidding with Invaluable or Liveauctioneers
A 2% discount of the premium will be given for any item paid for and removed by the end of the auction day.
5. Upon the fall of the auctioneer’s hammer, title to that item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. The winning bidder authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the sale, on the winning bidder’s behalf. All items must be fully paid for, including any additional amounts owed Barridoff Galleries under paragraph 6 or otherwise, and removed from the premises of the auction by the winning bidder, at the winning bidder’s expense, within 24 hours of the day of sale unless other specific arrangements have been made with Barridoff Galleries. Barridoff Galleries is not responsible for any loss by the winning bidder as a result of the damage or theft of an item subsequent to the fall of the hammer for that item and encourages bidders to pay for and remove purchased items immediately after the sale. Payment for each item purchased must be made before the item is removed. Only cash, certified check or verified credit card will be acceptable unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction. If items won at auction are not paid for and removed from the premises within 5 business days after the sale, additional charges may apply. Shipping, packing, storage and any related expense of an item are the sole responsibility of the buyer of the item. All sales are final and no refunds will be given with the limited exception of circumstances under paragraph 7.
6. If the winning bidder does not comply with any applicable conditions herein, Barridoff Galleries and the consignor shall have all of the following nonexclusive rights and remedies, in addition to their other remedies at law or in equity: the right a) to hold the winning bidder liable for the total purchase price plus interest of 1 1⁄2 % per month; b) to cancel the sale and retain as liquidated damages all payments made by the winning bidder; c) to resell the item, in which case the winning bidder shall be liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any item not timely removed; e) to exclude the winning bidder and its agents or affiliates from all future auctions; f) to charge a reasonable storage fee; g) to set off any amounts Barridoff or consignor owes the winning bidder and h) to charge winning bidders credit card on file with Barridoff Galleries for any amounts owed. The winning bidder is responsible for the winning bidder’s premium due Barridoff Galleries under paragraph 4 separate and apart from any other remedy listed in this paragraph. A winning bidder shall be deemed to have granted to Barridoff Galleries and its consignor as collateral for bidder’s obligations hereunder a security interest in any item of the winning bidder in the possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party in Maine and the law of the location of the item. Barridoff Galleries shall have all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all of their costs, including reasonable attorney’s fees, in enforcing their rights and remedies hereunder. Bidder waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property.
7. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the auction and must be supported by the written testimony of at least one recognized expert of the specific artist involved, or two recognized experts of the general field or genre in which that artist belongs. Only if the disputed article is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to rescind the sale, which decision shall be at Barridoff Galleries’ sole discretion, an amount up to the purchase price, plus sales tax if appropriate, may be refunded to the winning bidder. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries’ or its consignor’s liability exceed the purchase price of the item sold.
8. Estimates. The high and low estimate given for an item are solely a guideline based upon Barridoff Galleries’ approximation as to the range within which an item may be sold for at auction. An estimate is not a statement of value or selling price of an item and Barridoff Galleries makes no guarantee, representation, or agreement as to the value or selling price of an item more than the Galleries’ opinion of the item’s possible auction price.
9. All purchases are subject to Maine sales tax (5.5%) unless the bidder is located out-of-state and shipping is arranged by Barridoff Galleries or the bidder possesses a sales tax exemption number issued by or acceptable to Maine Revenue Services and presents to Barridoff Galleries a valid signed certificate acceptable to Maine Revenue Services stating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable to the full purchase price, which includes the hammer price plus the premium under paragraph 4.
10. The images and descriptions used in this catalog may not be reproduced in any manner without the written authorization of Barridoff Galleries.
11. The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof. The regulating authority of this auction is the Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.
12. Unless agreed otherwise in writing between Barridoff Galleries and the bidder, these terms and conditions, whenever applicable, apply to all private sales, post auction sales and any other transaction between the parties not conducted at the auction sale that occur while these terms and conditions are posted by Barridoff Galleries.
NOTES AND OTHER INFORMATION ABBREVIATIONS
l.c. lower center
l.l. lower left
l.r lower right
u.c. upper center
u.l. upper left
u.r. upper right
All descriptions and notes of signatures, titles, dates, labels, inscriptions and other notable features of an item are assumed to be of the front (recto) unless otherwise noted. If a notable feature is described to be on “verso,” that indicates it is on the back or reverse of the item. If a feature is described to be on the stretcher, that is on verso unless otherwise indicated. Signatures, initials, dates and titles, etc. may be noted but not quoted in the notes unless there is an unusual or noteworthy characteristic of the signature, initial, date or title, etc.
For the buyer’s convenience, Barridoff Galleries may arrange for the UPS Store in South Portland to receive, pack and ship items purchased at the auction. Barridoff Galleries would be happy to arrange these services with another shipper at the buyer’s request. All packing and shipping charges are the responsibility of the buyer and Barridoff Galleries assumes no responsibility of any kind for providing this service. Buyers should otherwise make arrangements to collect or ship purchases in a timely manner following the sale.
If a frame is thought to be original to the work of art or of some other particular interest based upon its history, value or beauty, it may be illustrated; but the illustration is in no way to be considered a guarantee of same and nothing about the frame is included in any catalog entry.
All works by Old Masters, including school, manner and other related information including dates are now by policy offered as attributions because, in the opinion of Barridoff Galleries, there has been too little or no known opportunity for a consensus, extensive research or singular expertise or because such opportunities often result in significant changes and varied opinions. However, all attributions are, in the opinion of Barridoff Galleries, appropriate as cataloged.
Condition reports may be in the catalog and are available upon request. However, information provided by Barridoff Galleries pertaining to the condition of any auction lot is for the bidder to use or interpret as the bidder sees fit. As more fully described in paragraph 3, a condition report is in no way a guarantee, nor should it be considered an expert opinion. All prints (etchings, lithographs, silkscreens, etc.), to the best of Barridoff Galleries’ knowledge, have full margins unless otherwise noted. All lots should be examined by potential bidders. Because few lots are examined by Barridoff Galleries out of their frames, potential bidders should assume that condition reports only include areas that are clearly visible unless otherwise stated.
Unless otherwise noted, the size of each item is measured height by width in inches and does not include the frame. Sizes are approximate. The term “actual” means the actual size of the item without any frame or other appendage, “framed” means the size of the item including the frame and “sight” means the visible portion of the item when the actual size is covered or obscured and unable to be determined. The terms regarding information in paragraph 3 apply to information regarding sizes provided by Barridoff Galleries.
LIVE PHONE BIDDING AND ONLINE BIDDING
Phone bids will be allowed on a limited first-come, first-served basis. Phone bidders must make arrangements in advance. Barridoff Galleries provides phone bidding as a service for bidders who cannot attend the auction, but phones are not the perfect medium for bidding at an auction under any circumstances and cell phones, while useful, can be particularly difficult. Bidders should be mindful of these limitations if choosing to bid by phone. Bidding may also be available online in real time at barridoff.com, bidsquare.com, invaluable.com, and liveauctioneers.com. Bidders are advised to familiarize themselves with the rules and procedures provided thereon prior to bidding. Barridoff Galleries is not responsible for any difficulties, technical or otherwise, that may be experienced through bidding other than in person. Mistakes made by bidders, including mistakenly bidding on and winning an item not intended by the bidder, is the bidder’s sole responsibility and Barridoff Galleries will not refund or rescind a sale bidder claimed was made by mistake.
ADDITIONS AND ERRATA.
Additions consigned too late to be included in the bound copy of the catalog may be found on a continually updated separate sheet and in the online catalog to the extent possible. All additions will be included on the final sheet available at the auction and will be placed sequentially at the end of the sale. Digital catalogs will be updated daily. Lot numbers will correspond with the printed catalog and additions sheets. Errata will also be published in the updated sheet listing any corrections of inaccuracies or additional information concerning the original catalog. Digital updates may not be noted so Barridoff Galleries urges bidders to refer to the most current posted auction information to remained accurately informed.
Provenance is listed insofar as it is known or is allowed to be published by the owner. The conditions regarding information in paragraph 3 apply to any provenance information provided by Barridoff Galleries.
Titles are provided for most items in the sale. A title bounded by quotation marks indicates that it is the official title of the item. A title not bounded by quotation marks is an unofficial title or a brief description used to identify the item.
OFFERS FOR PREVIOUS SALES
Barridoff Galleries accepts offers for items sold at former auctions at prices at or above the prior hammer price acceptable to participating winning bidders. If Barridoff Galleries receives and determines suitable a bona fide offer for an item, Barridoff Galleries will relay the offer to the winning bidder for consideration and acceptance. If the winning bidder accepts the offer, the applicable standard conditions of sale apply to the transaction.
MAJOR CREDIT CARDS ACCEPTED
Barridoff Galleries accepts as payment the credit cards Visa, Mastercard, Discover or American Express.
DISCOUNT FOR PAYING FOR/REMOVING PURCHASED ITEMS ON AUCTION DAY Barridoff Galleries is offering a discount on the bidder’s premium under paragraph 4 an amount equal to 2% of the hammer price for items paid for and removed from the auction premises the day of the auction.
William J. Milliken. ME license number AUC1627