Fine American and European Paintings

Benjamins Fine Arts Governing Terms and Conditions By choosing the ?Accept? box, you agree to all terms and conditions and other provisions presented below. You also agree to accept all of these conditions and provisions without change. These Terms and Conditions encompass all aspects of bidding and buying at our sales, regardless of the venue, that is, in-person, absentee, telephone or Internet. You should be aware of those provisions that apply to the venue that you are using. Online Bidding Terms and Conditions This section presents the terms and conditions that govern online bidding with Benjamins Fine Arts. Online bidding (also referred to as ?Internet bidding?) is made available Benjamins Fine Arts as an alternative to telephone or other absentee bidding to accommodate bidders who choose not to personally attend auction sales. Benjamins Fine Arts will not be liable for malfunctions, errors or omissions (hardware, software, electronic, human or otherwise), whether or not due to Benjamins Fine Arts fault or negligence, resulting in the inaccurate transmittal of bids, the failure to execute bids or any other irregularity. Changes in Terms and Conditions Please note that the information in the catalogue may be changed prior to or during the auction sale, by (i) written addenda to the catalogue, (ii) postings at the physical site of the sale, or (iii) auctioneer announcements. Changes will be effective immediately. Therefore you should review the information carefully each time you logon for online bidding by selecting 'Terms and Conditions' from the site navigation menu. Revised information will become part of the Terms and Conditions for the auction and will be binding, whether or not you are aware of changes. It is your responsibility to ensure that you are bidding with the most current auction information and terms. By bidding online, you agree to accept these responsibilities. Please carefully read the Terms and Conditions and all other information contained in this site. Eligibility for Bidding Online Only persons who are legally permitted under applicable law to enter into contracts and participate in online auctions are allowed to access and use this site. Minors and other persons prohibited under their state laws to enter into legally binding contracts or participate in online auctions, may not bid or use this site. Fraudulent Conduct You agree at all times to comply with applicable laws. You are not permitted to register under a false name, use another person's name or password, give false information or supply false credit information. Appropriate law enforcement agencies may be notified of conduct that is believed to be a violation of state or federal law. Benjamins Fine Arts will cooperate with law enforcement investigations to ensure that those violating state or federal laws are prosecuted to the fullest extent of the law. How to Contact Us Should you have other questions or concerns about these privacy policies, please send us an email fineartandantiques@yahoo.com Right of Rescission Online bidders are assumed to have the same access to information about items for sale as other bidders, including those who participate in person. Benjamins Fine Arts has no responsibility to refund your bid or renegotiate bid price after you have received and inspected the property, unless the specific tests for bid rescission as defined below are met. Notification of Winning Bidders Successful online bidders receive an automatic notification from Liveauctioneers. Benjamins Fine Arts will send a confirming e-mail within 48 hours after the end of the auction (or session) to the winning bidder confirming the bid price, buyer?s premium and any relevant information and requesting information on a payment method or instrument. Packaging and Shipping Winning bidders are responsible for all associated costs of packaging and shipping. Bid Increments Bid increments may be changed at any time at the auctioneer?s discretion. In some cases, these increments may not reflect those pre-programmed into the online bidding system. As always, the auctioneer?s decisions are final. Changes to Online Catalogue The online catalog may not reflect the actual sequence of the auction or the lots to be presented. In some cases, the online catalog cannot be modified to accommodate last minute changes, such as withdrawal of an item, a revised description or estimates. Benjamins Fine Arts will make every effort to alert online bidders of such changes at the time the lot is presented (or not, in the case of withdrawal), but we do not guarantee that we can do so in every case and assume no liability if we cannot. Additional Liveauctioneers Buyer?s Premium Purchasers using Liveauctioneers are charged an additional premium of 3% of the hammer price. General Terms and Conditions This section presents the conditions that apply to all Benjamins Fine Arts auction sales, regardless of type of auction, venue or sales method. General Conditions of Sale. The offering and sale of property by Benjamins Fine Arts is subject to the following Conditions of Sale, as modified or supplemented by other provisions of: (a) the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Benjamins Fine Arts, (c) in notices posted by Benjamins Fine Arts, and (d) in announcements made by the auctioneer, prior to or at the time of the sale, which together comprise the Terms and Conditions. Agent for Sale of Property. Unless otherwise stated, Benjamins Fine Arts is acting only as an agent for the consignor of property offered for sale, at auction or otherwise, in this catalogue (the ?Property?). The consignor may either be the seller of the Property or an agent for the seller. Property Sold by Lot. Property is sold by lot and all bids are per lot as numbered in the catalogue. Agreement of Bidders and Purchasers. By bidding or buying at a sale, whether in person, through a representative, by written bid, online bid, telephone bid or other absentee bid, all bidders and purchasers agree to be bound by the Terms and Conditions. Disclaimers Concerning the Property As-Is. The consignor warrants good title to the purchaser. Benjamins Fine Arts makes no independent warranty of title. All Property is sold AS-IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY Benjamins Fine Arts AND THE CONSIGNOR. Benjamins Fine Arts also disclaims all warranties arising from course of dealing and usage in the trade. Descriptive Information. To the greatest extent permitted by applicable law, neither Benjamins Fine Arts nor the consignor makes any representation or warranty with respect to the correctness or completeness of information about the Property, such as but not limited to the characteristics of age, condition, size, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance of the Property. Neither Benjamins Fine Arts nor the consignor shall be liable, for damages or otherwise with respect to incorrect or incomplete information, except to the extent provided for in Paragraph 11 below. Communications Not Intended as Binding. No information or statement communicated, at any time, to bidders or buyers by Benjamins Fine Arts (or its directors, officers, employees, agents or representatives), orally or in writing, shall be deemed a legally binding representation or warranty (or assumption of liability) with respect to any of the above mentioned characteristics or other information about the Property, unless a specific law requires otherwise. Inspection of Property. The Property is exhibited for inspection by bidders prior to the sale. It is the bidder?s sole responsibility to be fully satisfied about the characteristics and condition of the Property, including matters relating to any restoration, repair or alteration of the Property. If a bidder or bidder?s agent (not a Benjamins Fine Arts employee or representative) has not examined the Property, Benjamins Fine Arts recommends that bidder make no bid on the Property. Intellectual Property Rights. No representation, express or implied, is made by Benjamins Fine Arts or the consignor as to whether or not a purchaser will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property. Sale to the Highest Bidder and Auctioneer?s Determinations Final Highest Bidder. Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. Decision of Auctioneer Final. The auctioneer will also have the sole and exclusive power and authority, without liability, to (a) resolve any disputes between bidders, (b) determine whether to pass or re-offer any lot for sale, (c) reject or challenge any bid or advance in the bidding, or (d) otherwise regulate the bidding and its increments. If the auctioneer receives more than one bid of the same value, only the first received will be accepted. Benjamins Fine Arts assumes no liability for the auctioneer?s discretionary decisions. ?Auctioneer? as used in these Terms and Conditions means an employee or representative of Benjamins Fine Arts duly licensed as an auctioneer or otherwise authorized by Benjamins Fine Arts to conduct an auction. Buyer?s Premium and Purchase Price Buyer?s Premium. All bidding at auction and purchases will be in U. S. Dollars. A buyer?s premium of 10% of the successful high bid will be added to the amount of the successful bid price for all lots purchased at auction. Online Buyer?s Premium. Benjamins Fine Arts reserves the right to charge an additional premium, as a percentage of the hammer price, for online purchases. See "Terms and Conditions for Liveauctioneers? Purchase Price and Taxes. Upon the announcement by the auctioneer of the successful bidder, the purchaser will be responsible to pay the amount of the successful bid price, the buyer?s premium, applicable taxes and other charges provided for in the Terms and Conditions. Applicable taxes shall include sales, use, excise, and other taxes or levies Reserves All lots offered are subject to a reserve, although reserves may not be set for some lots, at the sole discretion of Benjamins Fine Arts. A reserve is the confidential minimum price established between Benjamins Fine Arts and the consignor. The reserve is generally set at a percentage of the low estimate of the lot and will not exceed, in any case, the low estimate of the lot. Reserves do not include the buyer?s premium, any applicable taxes or other charges. Benjamins Fine Arts prohibits consignors from bidding on their own property. The auctioneer may implement the reserve by bidding on behalf of the consignor at the auction. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor and may continue bidding for the consignor by placing responsive or consecutive bids, but only up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in and withdrawn from sale Estimates Low and high estimates are given for each lot. The estimates are merely guides for bidders and represent Benjamins Fine Arts opinion of the price a lot might bring at auction. Estimates are based, where possible, on prices that similar items have sold for in the past. The estimates are determined prior to the sale and are subject to revision to reflect changing market conditions. Estimates should not be relied on as a representation or prediction of the actual price a lot will be sold for. Actual selling prices could be significantly different from estimates. Benjamins Fine Arts will not be liable if the actual selling price is different from the estimate. Estimates do not include the buyer?s premium, any applicable taxes or other charges. Withdrawal of Property from Sale Benjamins Fine Arts reserves the right to withdraw Property from sale for any reason and with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale. Payment, Collection and Shipping Responsibilities of Purchaser Successful Purchaser Obligations. On the fall of the auctioneer?s hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass to the successful bidder who thereupon assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise). Methods of Payment and Fees Acceptable Methods of Payment. A purchaser may use one or more of the following methods of payment: cash, wire transfers and personal checks. Benjamins Fine Arts reserves the right to hold Property purchased by check until the check has cleared. Benjamins Fine Arts will charge a fee of $25.00 for any dishonored check. Benjamins Fine Arts shall not be liable for damage to lots remaining at Benjamins Fine Arts facilities after 10 business days following a sale. Late Payment Charge. In addition to any other remedies available by law to Benjamins Fine Arts and the consignor, Benjamins Fine Arts reserves the right to impose from the date of sale a late charge of 1-1/2% per month (or if lower, the highest rate permitted by applicable law) of the total purchase price if payment is not made in accordance with the payment provisions of these Terms and Conditions. Rescission by Purchaser Limited Right of Rescission. If, within a reasonable time, not to exceed twenty one (21) calendar days after the sale, the original purchaser (a) gives written notice to Benjamins Fine Arts by certified mail or facsimile (or in such other written form deemed acceptable by Benjamins Fine Arts in its absolute discretion) alleging that the description, condition, weight, size, title, origin, provenance or other characteristics of a lot as set forth in the catalogue were grossly and materially inaccurate and misleading and substantially overstated the value of the Property, and (b) within five calendar days (or such later time deemed to be reasonable under the circumstances by Benjamins Fine Arts in its absolute discretion) after such written notice, returns each item of Property in the lot to Benjamins Fine Arts in the same condition it was in at the time of sale, and (c) proves the truth of such allegations to Benjamins Fine Arts satisfaction, the sale of such lot will be rescinded. If Benjamins Fine Arts has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Benjamins Fine Arts will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance or other expenses, which may have been incurred by purchaser. If Benjamins Fine Arts has paid the consignor the amounts due as a result of the sale, Benjamins Fine Arts will (i) refund to the purchaser the amount of the buyer?s premium and taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Benjamins Fine Arts shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Benjamins Fine Arts rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Benjamins Fine Arts will have no further liability to purchaser or responsibility to pursue the purchaser?s claim. Benjamins Fine Arts will extend its reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Benjamins Fine Arts. Rescission Only by Original Purchaser. This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assign or other third party or assigned to any subsequent transferee of the Property which gave rise to the claim. Exclusive Remedy. Purchaser acknowledges and expressly agrees that the provisions of this Paragraph 11 state the sole and exclusive remedy available to a purchaser in the event of nonconformity in Property purchased. Benjamins Fine Arts will not be liable for damages of any kind, whether characterized as compensatory, direct, indirect, incidental or consequential (including damages for loss of profits or revenue, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether or not caused by Benjamins Fine Arts fault or negligence, except as provided above or to the extent applicable law does not permit Benjamins Fine Arts to exclude such liability. Governing Law The law of the state (excluding its conflicts of law rules) in which the Property is auctioned or sold shall govern, provided however, that if the Property is auctioned or offered for sale only through the medium of an online auction, the law of the State of Maryland (excluding its conflicts of laws rules) shall govern. Forum for Lawsuits Consent of Bidders and Purchasers to Jurisdiction. If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the state courts of, the State whose law has been chosen to govern as provided in the preceding Governing Law Paragraph 13. Lawsuits by Bidders and Purchasers Only in Certain Courts. Each bidder and purchaser hereby agrees that any lawsuit that bidder or purchaser may bring against Benjamins Fine Arts or the consignor will only be brought in the federal courts located in, or the state courts of, the State whose law has been chosen to govern as provided in the Governing Law Paragraph 13 above. Limitation of Liability Benjamins Fine Arts acts only as agent for the consignor and in no event will Benjamins Fine Arts be liable for any breach or default by the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Terms and Conditions, (a) in no event will Benjamins Fine Art?s liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Benjamins Fine Arts have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenues, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Benjamins Fine Telephone Bids Bids may be placed by telephone during the sale, but are accepted only at Benjamins Fine Arts discretion and at the caller?s risk. You may make arrangements before a sale for a Benjamins Fine Arts telephone bidder to contact you at a telephone number of your designation in order for you to participate in the bidding on particular lot(s). By bidding on the telephone, prospective purchasers consent and agree to the Terms and Conditions. Telephone bidding is a convenience offered to Benjamins Fine Arts customers and while we make every effort to execute your instructions regarding your telephone bidding, Benjamins Fine Arts is not liable or responsible for any errors or failure to execute such instructions. Copyright 2012 Benjamins Fine Arts

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