Mattress Factory Anniversary Auction

CONDITIONS OF SALE FOR THE AUCTION: This constitutes the Mattress Factory’s entire agreement with bidders and buyers relative to the works of art (“lot,” “lots” or “property”) to be sold to buyers at or through the October 17, 2019 Mattress Factory Anniversary Art Auction (“Auction”). The following Conditions of Sale are the complete and only terms and conditions on which the property is offered for sale. 1. Donated Works: All property has been donated by identified artists or their designated agents to the Mattress Factory for the purpose of the Auction. 2. Consent to Conditions: Auction bidding—whether in person, through a proxy, by written bid, by telephone, online or other means—automatically constitutes agreement to be bound by these Conditions of Sale. 3. Representation and Warranties: All property is sold as is. Neither the Mattress Factory nor the artist makes any guarantees, warranties or representations, expressed or implied, with respect to the property, including its condition, or the accuracy of the catalog or other descriptions of the property. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation. 4. Size, Condition and Catalogue: All dimensions are approximate. Bidders should note that property may have imperfections or faults that are not expressly identified. Illustrations in the catalogue or other sources are available for identification purposes only. 5. Inspection: Prior to the Auction, the Mattress Factory will make lots available for inspection. Prospective bidders should inspect the property before bidding to determine its condition, size and other issues. The Mattress Factory and/or the Auction Auctioneers Sam Berkovitz and Alison Oehler (“Auctioneers”) accept bids on the basis that bidders have fully inspected the lot prior to bidding and have satisfied themselves as to both the condition of the property and the accuracy of its description. 6. Pre-Sale Estimates: Pre-sale information regarding the property, including estimated value, is not a representation of fact but rather a statement of opinion. Any pre-sale estimate may not be relied on as a prediction of the selling price or value of the property, and such estimates may be revised prior to the Auction. The Mattress Factory, the Auctioneers and the artists shall not be liable for any difference between the pre-sale estimates for any property and the actual price achieved at Auction or upon resale. 7. Reproduction: Neither the Mattress Factory nor the artist make any make representation or warranty as to whether the buyer acquires any reproduction rights in the property. 8. Withdrawal: The Mattress Factory and the Auctioneers reserve the right to withdraw any property before sale. 9. Auction Conditions: All bidders must register prior to Auction bidding; additional instructions may apply to bidders who bid via proxy/online/telephone means. The Mattress Factory and/or the Auctioneers reserve the right to reject any bid. The highest bidder acknowledged by the Auctioneers will be the buyer. In the event of dispute between bidders, or in the event of questions regarding the validity of any bid, the Auctioneers will have the final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, Mattress Factory sales records are conclusive. 10. Auctioneers’ Withdrawal: Lots may be offered subject to a reserve. If the Auctioneers decide that any opening bid is below the value and/or reserve, or if there is error or dispute, they may reject the bid and withdraw the property from sale. Additionally, if, having acknowledged an opening bid, the Auctioneers decide that any subsequent bid is insufficient or there is error or dispute, they may reject the advance and withdraw the property from sale. In either instance, the Auctioneers have discretion to re-offer the lot for sale. 11. Absentee/Online/Phone Bidding: Although the Mattress Factory and the Auctioneers will, in their discretion, execute absentee bids or accept telephone and online bids (“Absentee Bids”) as a convenience to clients who are not present at auction, the Mattress Factory and the Auctioneers are not responsible for any errors or omission in connection. Such Absentee Bids will executed by a designated Mattress Factory employee or volunteer, in conjunction with the Auctioneers. 12. Bidding and Sale: When making a bid, whether in person, by absentee bid, on the telephone or online, a bidder accepts personal liability to pay the purchase price. The sale will be conducted in US dollars and payment is due in US dollars. 13. Completed Transactions: Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following the Auction. All such payment transactions must be complete before property is removed from the premise. The buyer will not receive possession of the property the property is paid for or, in the discretion of the Auctioneers or the Mattress Factory, arrangements for payment have been made. Cash, certified check, Master Card, Visa or personal checks with prior approval are acceptable methods for purchases. 14. Pick-Up: All property must be picked up as soon as practicable following sale. A storage fee of $10 per day will be assessed for any property left after fourteen (14) days of the Auction. Additional charges may apply to oversize lots. Property not picked up within one (1) month may be re-auctioned or resold without further notice to the buyer, and payment will be forfeited. 15. Packing and Transport: Merchandise will be packed, transported and shipped by the buyer at their own risk and expense. As a courtesy, Mattress Factory employees or volunteers may provide packing and transport services. Such services are entirely at the buyer’s risk and responsibility. The Mattress Factory will not be liable for any loss or damages that may occur relating to packing and transport. 16. Absentee Shipping and Transport: Buyers through Absentee Bids are responsible for all costs associated with packing, shipping and transport. Such buyers should contact the Mattress Factory to arrange for shipping. 17. Sale Cancellation: If the property cannot be delivered by reason of theft, breakage or other damage prior to the buyer taking possession, the sale shall be deemed canceled, without any liability on the part of the Mattress Factory or the Auctioneers. 18. Photography Disclaimer: The Mattress Factory reserves the right to use any photographs or media (“photographs”) from the Auction for Mattress Factory publications, communications, marketing or development, without the express written permission of those included in the photographs. Auction attendees understand that the photographs are property of the Mattress Factory, and that the Mattress Factory may use and/or edits such images in its discretion. 19. IMPORTANT NOTICE: A premium of ten percent (10%) will be applied to all property sold at or through the Auction, including through Absentee Bids, to be paid by buyer as part of the purchase price. Pennsylvania sales tax also applies. Auction License: Sam Berkovitz AU003292-L, Alison Oehler AU005978