Fine Art Terms And Conditions
CONDITIONS OF AUCTION SALE
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. Unless the context otherwise indicates, the terms “Barridoff Galleries” and “auctioneer” are interchangeable. By registering for or participating in the auction sale, all bidders agree to the terms hereof.
1.The Sale. The contract for sale for any item purchased at auction is between the consignor (seller) and the winning bidder. Barridoff Galleries acts as the consignor’s agent only, unless Barridoff Galleries is selling the item as principal. The sale of every lot of one or multiple items constitutes a separate sale under Maine law and the Uniform Commercial Code. Bidding on a lot starts when the lot is opened for bidding by the auctioneer. Items are sold with reserve and starting bids may start below the reserve price. The auctioneer may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. If an item does not reach its reserve price, the auctioneer may pass the item. Barridoff Galleries may withdraw any item at any time before its actual sale. Bids must be consistent with the standard bidding increments and may be varied only upon permission from the auctioneer. A bid received between two increments may be rejected or reduced to the next lowest increment. A bidder may not make consecutive bids and there must be at least one increment/other bidder separating the bidder’s bids, except by permission of the auctioneer.
The auction is a live sale and not a timed sale, and absentee and pre-auction bids submitted prior to the sale are not considered submitted until made by the clerk administering the bid and recognized by the auctioneer. The auctioneer will recognize bids as they are made and does not give preference to either bids made by bidders in the room or remote bids. A clerk administering a remote bid is deemed a bidder present in the room for that bid and will be recognized by the auctioneer equally to all other bidders. The buyer is the highest bidder acknowledged by the auctioneer upon the fall of the hammer, which indicates the completion of the sale. In the event of a tie bid, the first bid recognized by the auctioneer has precedence. In the event of a bid received as the hammer is falling, it is in the auctioneer’s discretion whether to accept the bid or declare the sale complete. Barridoff Galleries has authority to decide any disputes over the auction process in Barridoff Galleries’ sole discretion, whose decision is final and binding. Bidder understands that any dispute regarding a purchased lot is between the consignor and the winning bidder unless the dispute concerns the conduct of the sale or other issue within the sole responsibility and control of Barridoff Galleries. The actual results of the sale are not final until confirmed as such by Barridoff Galleries prior to the auction.
2. Remote Bidding. As a convenience to clients who cannot attend a sale in person, absentee bidding, telephone bidding and online bidding options are available, but Barridoff Galleries is not responsible for technical difficulties, mistakes or other issue that may occur with those bidding methods. Barridoff Galleries strongly suggests that bidders be present in the room. Remote methods and absentee or other pre-auction bids do not take precedence over bidding in the room. The clerk administering a remote bid is deemed a bidder in the room and bids made by that clerk are subject to recognition by the auctioneer as any other bidder. The auctioneer will not skip an increment for an absentee or pre-auction bid that is recognized by the auctioneer an increment below the maximum amount of that bid. Barridoff Galleries strongly recommends remote bidders who wish to bid pre-auction or absentee complete the absentee registration form, not submit the bid through an online bidding platform, and indicate “+1,” which will protect the absentee bidder if another bidder lands on the absentee bidder’s maximum amount by allowing the clerk to bid one increment higher than the maximum.
Each remote bidding platform/method will order tie bids with the first received bid having precedence. This bid will be the bid presented to the auctioneer by the clerk for that platform/method. An absentee or safety bid submitted that is less than half of the low estimate of an item will be rejected by Barridoff Galleries.
Absentee and telephone bidding registration forms may be found on the Barridoff Galleries website. Any pre-auction, absentee or telephone safety bid given that is not consistent with the published bidding increments may be rejected or rounded down to the next lowest increment. Online bidding may be available on the Barridoff website and one or more online auctioneering websites as announced by Barridoff Galleries and absentee or pre-auction bids left on those platforms do not take precedence over other bids. Barridoff Galleries is not responsible for errors and omissions made in connection with absentee, telephone, Internet or other remote bidding methods. Mistakes made by Bidder are the responsibility of Bidder and may not be cause to rescind a sale. Online bidding may indicate a winning bid or other confirmation that is erroneous based upon what happens in the room (bid comes after fall of hammer, auctioneer recognizes another bid given simultaneously, mistake made by remote clerk, etc) and the final sale results are the ones confirmed as such by Barridoff Galleries under paragraph 1. Online bidders may have to wait to purchase and retrieve won lots until after confirmation of final sale by Barridoff Galleries.
3. Mistakes by Bidder. 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 bid was made by mistake or otherwise unintentional. 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. Attention to the item being bid on and the conduct of Bidder’s bidding is the sole responsibility of Bidder. A person who has not registered who bids on and wins an item at the auction sale is deemed to be a bidder and agrees and is subject to these terms and conditions.
4. Information Provided by Barridoff Galleries. Provenances are included in the catalog to the extent they are available. Estimates are included with each lot (See note on estimates in paragraph 11). 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 paragraphs 5 and 6. However, Barridoff Galleries endeavors to provide the most accurate and complete information on an item and to 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). Barridoff Galleries and the auctioneer may make corrections and provide additional information as available up to and during the time of sale.
5. Disclaimer for Errors and Omissions; Items sold AS IS; Bidder responsibility to inspect and perform due diligence.Barridoff Galleries is not responsible for errors or omissions contained in the catalog, provided by Barridoff Galleries or presented by the auctioneer or in any other information detailed in paragraph 4. 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 and perform other due diligence 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 Bidder acquires any reproduction rights of the item.
6. Opportunity for Inspection by Bidder; No Obligation to Inspect or Test by Barridoff Galleries. Barridoff Galleries offers the opportunity for prospective bidders to examine an item and Barridoff Galleries assumes no obligation to Bidder 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. Bidder 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 representation 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.
7. Buyer’s Premium. 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 a hammer price up to $500,000, and 17% of a hammer price above $500,000. A surcharge above this premium may be assessed for online sales, the amount of which may vary depending on the specific online platform on which the bidding is being conducted, which will be noted in the terms for that specific platform.
8. Completion of Sale; Payment by Bidder. Upon the fall of the auctioneer’s hammer, the sale is complete and title to the item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility thereof. The winning bidder authorizes Barridoff Galleries to sign a sales record, which is conclusive as to the terms of the sale, on the winning bidder’s behalf. It is expected that the winning bidder has the funds available to pay for the item upon the completion of sale. Payment is due upon completion of the auction and, unless alternate payment arrangements have been made, Barridoff Galleries reserves the right to charge any credit card or other financial account of Bidder on file with Barridoff Galleries at that time or any time thereafter for any amounts owed. All items must be fully paid for, including any additional amounts owed Barridoff Galleries under paragraph 9 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. Payment for each item purchased must be made before the item is removed. Only cash, certified check, wire transfer or verified credit card are acceptable as payment methods unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction. All sales are final and no refunds will be given with the limited exception of circumstances under paragraph 11.
9. Post-sale responsibilities of Bidder. Barridoff Galleries is not responsible for any loss by the winning bidder as a result of the damage, loss or theft of an item subsequent to the completion of the sale for that item and encourages Bidder to pay for and remove purchased items immediately after the sale. If an item won at auction is not paid for and removed from the premises within 4 business days after the sale, additional charges under paragraph 10 may apply. Shipping, packing, storage and any related expense of an item are the sole responsibility of the winning bidder of the item.
10. Bidder Compliance with Terms and Conditions; Remedies Available to Barridoff Galleries. If Bidder does not comply with an applicable term or condition herein, Barridoff Galleries and the consignor have one or more of the following nonexclusive rights and remedies, in addition any other remedy available at law or in equity: 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 is 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; h) to ship items owned by the winning bidder to the winning bidder at winning bidder’s expense; i) to charge winning bidder’s credit card on file with or available to Barridoff Galleries for any amounts owed. The winning bidder is responsible to Barridoff Galleries for the winning bidder’s premium due Barridoff Galleries under paragraph 7 separate and apart from any other remedy listed in this paragraph. A winning bidder is deemed to have granted to Barridoff Galleries or its consignor as collateral for bidder’s obligations hereunder a security interest in any item of the winning bidder purchased at a Barridoff auction sale, and Barridoff Galleries and the consignor have all of the rights of a secured party in Maine and the law of the location of the item. Barridoff Galleries has all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignor are 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.
11. Disputes on Grounds of Authenticity. 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 item 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, the decision of which is 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 contract or law. In no event does Barridoff Galleries’ or its consignor’s responsibility under this paragraph exceed the purchase price of the item sold. The terms of this paragraph do not apply to any item listed as “attribution,” “attributed to,” “school of,” “circle of” or any other term qualifying authenticity.
12. 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 other than Barridoff Galleries’ opinion of the item’s possible auction price.
13. Sales Tax. 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 certificate issued by or acceptable to Maine Revenue Services and a valid, signed copy of which is presented to Barridoff Galleries. Maine sales tax is applicable to the full purchase price, which includes the hammer price plus the buyer’s premium and surcharges under paragraph 7. Purchases from other states or jurisdictions may be subject to a sales or use tax for that state or jurisdiction.
14. Use of Images. The images and descriptions used in the catalog may not be reproduced in any manner without the written authorization of Barridoff Galleries.
15. Applicable Law; Jurisdiction of Disputes. Title 11, Section 2-328 of the Uniform Commercial Code and Title 32, chapter 5-B of the Maine Revised Statutes apply to auction sales conducted by Barridoff Galleries. These terms and 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.
16. Maintain current contact information and timely respond to Barridoff communications. Bidder must provide and maintain current contact information that allows Barridoff Galleries to communicate with Bidder and timely respond to Barridoff Galleries inquiries, requests and other communications as required by Barridoff Galleries.
17. Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
18. Application of Terms and Conditions. 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
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, it is on verso unless otherwise indicated. Signatures, initials, dates and titles, etc. may be noted but not quoted in the description unless there is an unusual or noteworthy characteristic of the signature, initial, date or title, etc. If an item description does not note a signature or that the item is signed, it should be assumed that the item is not signed.
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 is happy to arrange these services with another shipper at Bidder’s request. All packing and shipping charges are the responsibility of Bidder and Barridoff Galleries assumes no responsibility of any kind for providing this service. Bidder 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 unless information about the frame is included in the catalog description.
Unless otherwise noted, 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, as more fully described in paragraph 4, a condition report is in no way a guarantee, nor should it be considered an expert opinion. 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. All prints (etchings, lithographs, silkscreens, etc.), to the best of Barridoff Galleries’ knowledge, have full margins unless otherwise noted. The terms regarding information in paragraph 4 apply to information regarding sizes provided by Barridoff Galleries.
LIVE PHONE BIDDING AND ONLINE BIDDING
Phone bid registrations are 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, and it is suggested that phone bidders leave a “safety” bid, or emergency absentee bid, in the event the telephone call is disrupted, dropped or otherwise unable to be connected through to the completion of bidding for that lot. Bidding may also be available online in real time at barridoff.com, bidsquare.com, invaluable.com, and liveauctioneers.com. Bidder is advised to familiarize themselves with the rules and procedures provided for whatever platform Bidder is using prior to bidding. Online bidding platforms may charge a surcharge over and above the buyer’s premium for an item. Barridoff Galleries is not responsible for any difficulties, technical or otherwise, that may be experienced through bidding other than in person. Mistakes made by Bidder, including mistakenly bidding on and winning an item not intended by Bidder, is Bidder’s sole responsibility and Barridoff Galleries will not refund or rescind a sale that Bidder claimed was made by mistake or unintentional.
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 on the online catalog to the extent possible. All additions will be included on the final sheet available at the auction and be placed sequentially at the end of the sale. Online catalogs are updated daily. Lot numbers correspond with the printed catalog and additions sheets. Errata are also published in the updated sheet listing any corrections of inaccuracies or additional information concerning the original catalog. Online updates may happen without notice by Barridoff Galleries, so Bidder should refer to the most current posted auction information to remained accurately informed. The auctioneer may announce errors, omissions or changes at the commencement of or during the auction sale.
Provenance is listed insofar as it is known or is allowed to be published by the consignor, who is ultimately responsible for the accuracy of any provenance information given. The conditions regarding information in paragraph 4 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 of an untitled item used to identify the item.
OFFERS FOR PREVIOUS SALES
Barridoff Galleries accepts offers for items purchased at former auctions on behalf of winning bidders. An offer for an item from a previous sale that does not exceed the purchase price for that sale will not be considerd. 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 rejection, acceptance or counter-offer. If the winning bidder accepts the offer, a counter-offer or makes a counter-offer that is accepted, the applicable terms and conditions of sale herein 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 7 an amount equal to 2% of the hammer price for items paid for and removed from the auction premises the day of the auction. This discount does not apply for our DISCOVERY AUCTIONS.
William J. Milliken. ME license number AUC1627