Conditions of Sale
The property in this sale will be offered and sold by the Convent of the Sacred Heart. Convent of the Sacred Heart, in conducting the auction sale, participates in the following terms and conditions, as amended by any posted notices or oral announcements during the sale, which govern the sale of all property offered at the auction:
- The Convent of the Sacred Heart does not assume any risk, liability or responsibility for the authenticity of the authorship of any property offered at the auction (that is, the identity of the creator or the period, culture, source of origin, as the case may be, with which the creation of any property is identified).
ALL PROPERTY IS SOLD "AS IS" AND THE CHARITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OF NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL EITHER OF THEM BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOG OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE, OR HISTORICAL RELEVANCE OF THE PROPERTY. No statement in any catalog, notice or description or made at the sale, in any bill of sale invoice or elsewhere, shall be deemed such a representation or warranty or any assumption of liability. Convent of the Sacred Heart makes no representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property. Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored.
- Any property may be withdrawn at any time before the actual sale without any liability therefore.
- Convent of the Sacred Heart reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Convent of the Sacred Heart's sale records shall be conclusive in all aspects.
- If the auctioneer determines that an opening bid is not commensurate with the value of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.
- With the auctioneer's closing of the lot, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitations damage to frames or glass covering the prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore or such as the Convent of the Sacred Heart may require. All property shall be removed from the Convent of the Sacred Heart's premises by the purchaser at his expense no later than three days following the sale and, if not so removed, will be sent by the Convent of the Sacred Heart at the expense of the purchaser to a public warehouse for the account, risk and expense of the purchaser and such added charges will then be added to the purchase price of the object. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the Convent of the Sacred Heart by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Convent of the Sacred Heart at their option, may either (a) cancel the sale, or (b) resell the property on three days' notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.
- Any checks should be payable to the Convent of the Sacred Heart.
- In the case of proxy bids, the Convent of the Sacred Heart is not responsible for any errors or omissions in connection to such bids.