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Hidden Treasures Antiques & Fine Arts   拍卖公司条款

Hidden Treasures Antiques & Fine Arts - Terms and Conditions of Sale
CONDITIONS OF SALE:
1. BINDING TERMS
The catalogue and auction offered through Invaluable Live located at
www.invaluable.com, the catalogue and auction that may be offered through
eBay located at www.ebay.com, and the catalogue and auction that may be
offered through the Web site located at www.htantiques.com each, the "Web
Service") is a service of Hidden Treasures Antiques & Fine Art Inc. ("Hidden
Treasures," "us" or "we").
The lots listed in this catalogue will be offered by Hidden Treasures as owner
or as agent for consignor subject to the following terms and conditions. Where
Hidden Treasures is agent, the contract is between seller and buyer. The
following Conditions of Sale and Terms of Guarantee constitute the entire
agreement with the purchaser relative to the property listed in this catalogue.
By bidding at auction you agree to be bound by these terms:
BY ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL,
OR ANY SERVICES AVAILABLE ON OR THROUGH THIS WEB
SERVICE, YOU INDICATE THAT YOU HAVE READ AND
UNDERSTAND THESE TERMS, THAT YOU AGREE TO THEM AND
INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE
TO THESE TERMS, OR IF YOU ARE NOT AUTHORIZED TO
CONTRACT, OR IF YOU ARE UNDER 18 YEARS OF AGE, OR IF YOU
WERE PREVIOUSLY SUSPENDED FROM THE WEB SERVICE, YOU
ARE NOT GRANTED PERMISSION TO USE THIS WEB SERVICE AND
MUST EXIT IMMEDIATELY.
Hidden Treasures Antiques & Fine Art Inc. from New York does not
guarantee that live Internet bidding will be uninterrupted or without error, or
that Internet bids will be received.
2. AS IS
All lots are sold "AS IS" and without recourse and neither Hidden Treasures
nor its consignor makes any warranties or representations, express or
implied, with respect to such lots, except for the limited warranties expressly
stated in the Terms of Guarantee section of this catalogue. Prospective buyers
are strongly advised to examine personally any property in which they are
interested, before the auction takes place, to determine its condition, size, and
whether or not it has been repaired or restored.
Except as otherwise expressly and specifically provided in the Terms of
Guarantee, neither Hidden Treasures nor its consignor makes any express or
implied warranty or representation of any kind or nature with respect to
merchantability, fitness for purpose, correctness of the catalogue or other
description of the physical condition, size, quality, rarity, importance,
medium, material, genuineness, attribution, provenance, period, culture,
source, origin, exhibitions, literature or historical significance of any lot sold.
The absence of any reference to the condition of a lot does not imply that the
lot is in perfect condition or completely free from wear and tear,
imperfections or the effects of aging; nor does a reference to particular defects
imply the absence of others. References in the catalogue entry or the condition
report to damage or restoration are for guidance only and should be
evaluated by personal inspection by the bidder or a knowledgeable
representative.
The Terms of Guarantee are controlling, and no statement, whether written
or oral, and whether made in this catalogue, an advertisement, a bill of sale, a
salesroom posting or announcement, the remarks of an auctioneer, or
otherwise, shall be deemed to create any warranty, representation or
assumption of liability. All statements by Hidden Treasures in the catalogue
entry for the property or in the condition report, or made orally or in writing
elsewhere, are statements of opinion and are not to be relied on as statements
of fact. Except as stated in the Terms of Guarantee, neither Hidden Treasures
nor the seller is responsible in any way for errors or omissions in the
catalogue or any supplemental material. Buyers are responsible for satisfying
themselves concerning the condition of the property and the matters referred
to in the catalogue entry.
Hidden Treasures and its consignor make no warranty or representation,
express or implied, that the purchaser will acquire any copyright or
reproduction rights to any lot sold. Hidden Treasures expressly reserves the
right to reproduce any image of the lots sold in this catalogue. The copyright
in all images, illustrations and written material produced by or for Hidden
Treasures relating to a lot, including the contents of this catalogue, is, and
shall remain at all times, the property of Hidden Treasures and shall not be
used by the buyer, nor by anyone else, without our prior written consent.
3. WITHDRAWAL
Hidden Treasures reserves the right to withdraw any lot at any time prior to
the commencement of bidding for such lot and shall have no liability
whatsoever for such withdrawal.
4. RESERVES
If the auctioneer decides that any opening bid is below the value of the lot
offered, the auctioneer may reject that bid and withdraw the lot from sale;
and if, having acknowledged an opening bid, he decides that any advance
thereafter is insufficient, he may reject that advance. Unless otherwise
indicated, all lots are offered subject to a reserve, which is the confidential
minimum price below which such lot will not be sold. No reserve will exceed
the low estimate of the lot. Reserves are agreed upon with the consignor or, in
the absence thereof, in the absolute discretion of Hidden Treasures.
Unless otherwise announced by the auctioneer, all bids are per lot as
numbered in the catalogue.
The auctioneer may implement the reserve by opening bidding on any lot by
placing a bid on behalf of the seller. The auctioneer will not specifically
identify bids placed on behalf of the seller. The auctioneer may further bid on
behalf of the seller, up to the amount of the reserve, by placing successive or
consecutive bids for a lot or by placing bids in response to other bidders.
5. ESTIMATES
Each lot in the catalogue is given a low and high estimate representing that
range which, in the opinion of Hidden Treasures, represents a fair and
probable auction value. When possible, the estimate is based on previous
auction records of comparable property, condition, rarity, quality and
provenances. The estimates are often determined several months before a sale
and are therefore subject to change upon further research of the property, or
to reflect market conditions or currency fluctuations. Estimates are subject to
revision. Actual prices realized for items can fall below or above this range.
An estimate of the selling price should not be relied on as a statement that this
is the price at which the item will sell or its value for any other purpose.
Estimates do not include the buyer's premium. Where "Estimate on Request"
appears, please contact the Specialist Department for further information.
6. BIDDING
Hidden Treasures reserves the right, at our complete discretion, to refuse
admission to the premises or participation in any auction and to reject any
bid, as well as the right to refuse to acknowledge any bidder. The highest
bidder acknowledged by the auctioneer will be the purchaser. The auctioneer
has the right at his absolute and sole discretion to advance the bidding in such
a manner as he may decide, to withdraw or divide any lot, and to combine any
two or more lots. In the event of error or dispute between bidders, or in the
event of doubt on our part as to the validity of any bid, whether during or
after the sale, the auctioneer has final discretion to determine the successful
bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the
lot in dispute. If any dispute arises after the sale, the Hidden Treasures sale
record shall be conclusive.
7. PURCHASER'S RESPONSIBILITY
Title passes upon the fall of the auctioneer's hammer to the highest
acknowledged bidder, subject to the conditions of sale set forth herein. Such
bidder thereupon assumes full risk and responsibility therefore (including,
without limitation, liability for or damage to frames and glass covering prints,
paintings or other works). Although in our discretion we will execute orders
or absentee bids or accept telephone bids as a convenience to clients who are
not present at auctions, we are not responsible for any errors or omissions in
connection therewith.
When making a bid, a bidder is accepting personal liability to pay the
purchase price as follows, unless it has been explicitly agreed in writing with
Hidden Treasures before the commencement of the sale that the bidder is
acting as agent on behalf of an identified third party acceptable to Hidden
Treasures, and that Hidden Treasures will look only to the principal for
payment:
The total purchase price to be paid by purchaser is the amount of the
successful bid price plus a premium of 20% on the first $100,000 of the
hammer price and 15% on that portion of the hammer price exceeding
$100,001. Payment shall be made as follows:
A cash or Credit card deposit of not less than 25% of the purchase price
(unless the whole purchase price is required at the sole discretion of Hidden
Treasures) will be paid on the day of the auction. Deposits shall apply to all
purchases made at this sale and not to any one particular lot.
Prior to the sale, the buyer must provide us with his or her name and
permanent address and, if so requested, details of the bank from which
payment will be made.
The balance of the purchase price, if any, should be paid for and picked up at
Hidden Treasures within 7 days after the auction. Such payment shall be
made in U.S. dollars by certified or cashier check drawn on a U.S. bank unless
other arrangements are made with Hidden Treasures. The buyer will not
acquire title to the lot until we have received all amounts due to us from the
buyer in good cleared funds even in circumstances where we have released the
lot to the buyer. Hidden Treasures reserves the right to hold merchandise
purchased by personal check until the check has cleared the bank. The
purchaser agrees to pay Hidden Treasures a handling charge of $25 for any
check dishonored by the drawer.
At some auctions there may be a video or digital screen. Errors may occur in
its operation and in the quality of the image, and Hidden Treasures does not
accept liability for such errors.
8. REMEDIES AVAILABLE TO HIDDEN TREASURES
In addition to the other remedies available to us by law, we reserve the right
to impose a late charge of 1 1/2% per month of the total purchase price if
payment is not made in accordance with the conditions set forth herein. All
property must be removed from our premises by the purchaser at their
expense not later than five (5) business days following its sale and, if it is not
removed, Hidden Treasures reserves the right to charge a minimum storage
fee of $5 per lot per day or to deliver the property to a public warehouse for
storage at the purchaser's expense, to be released only after payment in full of
all removal, storage, handling, insurance and any other costs incurred,
together with payment of all other amounts due to us. Hidden Treasures shall
have no liability for any damage to property left on its premises for more than
(2) days following the sale.
If any applicable conditions herein are not complied with by the purchaser, in
addition to other remedies available to us and the consignor by law, including
without limitation the right to hold the purchaser liable for the total purchase
price, including all fees, charges and expenses more fully set forth herein, we
shall be entitled in our absolute discretion to exercise one or more of the
following rights or remedies:
a) To charge interest at such rate as we shall reasonably select;
b) To hold the defaulting buyer liable for the total amount due and to
commence legal proceedings for its recovery together with interest, legal fees
and costs to the fullest extent permitted under applicable law;
c) Cancel the sale of that, or any other lot or lots sold to the defaulting
purchaser at the same or any other auction, retaining as liquidated damages
all payments made by the purchaser;
d) Resell the property whether at private sale or public auction without
reserve, and the purchaser will be liable for any deficiency, cost, including
handling charges, the expenses of both sales, our commission on both sales at
our regular rate, all other charges due hereunder and incidental damages;
e) To set off the outstanding amount remaining unpaid by the buyer against
any amounts which we may owe the buyer in any other transactions;
f) Where several amounts are owed by the buyer to us, in respect of different
transactions, to apply any amount paid to discharge any amount owed in
respect of any particular transaction, whether or not the buyer so directs;
g) To reject at any future auction any bids made by or on behalf of the buyer
or to require a deposit from the buyer before accepting any bids;
h) To take such other actions as we deem necessary or appropriate; or
i) To effect any combination thereof.
In addition, a defaulting purchaser will be deemed to have granted and
assigned to us a continuing security interest of first priority in, and we may
retain as collateral security for such purchaser's obligations to us, any
property or money of or owing to such purchaser in our possession. We shall
have all of the rights accorded a secured party under the New York Uniform
Commercial Code with respect to such property and we may apply against
such obligations all monies held or received by us for the account of, or due
from us, to such purchaser. At our option, payment will not be deemed to
have been made in full until we have collected funds represented by checks, or
in the case of bank or cashier's checks, we have confirmed their authenticity.
In the event the purchaser fails to pay any or all of the total purchaser price
for any lot and Hidden Treasures nonetheless elects to pay the consignor any
portion of the sale proceeds, the purchaser acknowledges that Hidden
Treasures shall have all of the rights of the consignor to pursue the purchaser
for any amounts paid to the consignor, whether at law, in equity, or under
these Conditions of Sale.
9. LIMITED LIABILITY
If for any cause a purchased lot cannot be delivered in as good condition as at
the time of sale, or should any purchased lot be stolen or mis-delivered or lost
prior to delivery, Hidden Treasures shall not be liable for any amount in
excess of that paid by the purchaser. We are not responsible for the acts or
omissions of carriers or packers of purchased lots, whether or not
recommended by us. Packing and handling of purchased lots by us is at the
entire risk of the purchaser and Hidden Treasures will have no liability for
any loss or damage to such items.
10. HIDDEN TREASURES EMPLOYEES
Employees of Hidden Treasures are not prohibited from bidding on property.
In the course of their employment it is possible that they may have access to
information not available to the public.
11. Hidden Treasures on occasion makes loans or advances funds to
consignors.
12. WAIVER OF CONDITIONS
Any and all of these conditions may be waived or modified in the sole
discretion of Hidden Treasures. The Conditions of Sale, Terms of Guarantee,
the glossary, if any, and all other contents of this catalogue are subject to
amendment by us by oral announcements made during the sale. Salesroom
notices amend the catalogue description of a lot after our catalogue has gone
to press. They are posted in the viewing galleries and salesroom or are
announced by the auctioneer. Please take note of them.
13. All measurements and weight are approximate. Hidden Treasures is not
responsible for damage of glass covering paintings, drawings and other works
or frames regardless of cause.
14. If any part of these Conditions of Sale is found by any court to be invalid,
illegal or unenforceable, the balance of the conditions shall continue to be
valid to the fullest extent permitted by law.
15. The rights and obligations of the parties with respect to these Conditions
of Sale and Terms of Guarantee, as well as the purchaser's and our respective
rights and obligations hereunder, the conduct of the auction and any matters
connected with any of the foregoing, shall be governed and interpreted by the
laws of the State of New York. By bidding at auction, whether present in
person or by agent, by written bid, telephone or other means, the buyer shall
be deemed to have submitted, for the benefit of Hidden Treasures, to the
exclusive jurisdiction of the federal or state courts located in the state and
county of New York and waives any objection to the jurisdiction and venue of
any such court.
CONTRACT:
By bidding via Artfact/Invaluable Live/eBay you agree to be bound by the
terms and conditions of sale.
PAYMENT:
Accepted forms of payment include bank wire transfers, cash (in US currency
up to $5,000), traveler's check (in US currency up to $5,000), money orders (in
US currency up to $5,000), or personal check made payable in US dollars
drawn on a US bank (up to $5,000), unless other arrangements are made with
Purchaser Accounts.
SHIPPING:
Shipping is the responsibility of the buyer. Hidden Treasures does pack items
for a fee; the amount of the fee differs upon each item. Upon request, we may
suggest a list of shippers who deliver to destinations within the United States
and overseas.
BUYER'S PREMIUM:
Hidden Treasures charges a premium to the buyer on the final bid price of
each lot sold at the following rates: 20% on the first $100,000 of the hammer
price and 15% on that portion of the hammer price exceeding $100,001.
TAXES:
Applicable sales tax will also be added to the final total. New York Sales tax is
charged on the hammer price, buyer's premium and any other applicable
charges on any property picked up or delivered in New York State, regardless
of the state or country in which the purchaser resides or does business.
CONDITION REPORTS:
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. 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. Hidden Treasures
shall have no responsibility for any error or omission.
CONTRACT:
By bidding via Artfact/Invaluable Live/eBay you agree to be bound by the
Terms and Conditions of Sale.
PAYMENT:
Accepted forms of payment include bank wire transfers, cash (in US currency
up to $5,000), traveler's check (in US currency up to $5,000), money orders (in
US currency up to $5,000), or personal check made payable in US dollars
drawn on a US bank (up to $5,000), unless other arrangements are made with
Purchaser Accounts.
SHIPPING TERMS:
Shipping is the responsibility of the buyer. Hidden Treasures does pack items
for a fee; the amount of the fee differs upon each item. Upon request, we may
suggest a list of shippers who deliver to destinations within the United States
and overseas.
BUYER'S PREMIUM:
Hidden Treasures charges a premium to the buyer on the final bid price of
each lot sold at the following rates: 20% on the first $100,000 of the hammer
price and 15% on that portion of the hammer price exceeding $100,001.
TAXES:
Applicable sales tax will also be added to the final total. New York Sales tax is
charged on the hammer price, buyer's premium and any other applicable
charges on any property picked up or delivered in New York State, regardless
of the state or country in which the purchaser resides or does business.

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