Pdf Catalogue - California Art Auction

Conditions of Sale
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Lots Sold to The Highest Bidder: The highest bidder acknowledged by the auctioneer shall be the buyer. Under no circumstances are
the consignors or the consignor’s agents or persons acting on behalf of the consignors permitted to bid at the auction on their consigned
property. The auctioneer has the right to reject any bid, to advance the bidding at his or her absolute discretion and, in the
event of any dispute between bidders or any other issue with respect to the highest bidder, to determine the successful bidder, to continue
the bidding or to reoffer and resell the lot in question. In the event of any dispute after the sale, John Moran Auctioneers, Inc., a
California Corporation (hereinafter referred to as, JMA), record of final sale shall be conclusive.
Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE
EXCLUDED. NEITHER WE NOR THE CONSIGNOR OR OUR ASSOCIATES MAKE ANY REPRESENTATION, EXPRESSED OR IMPLIED
WARRANTY, OR GUARANTEE IN CONDITION, SIZE, PROVENANCE, MEDIUM, SIGNATURE, INSCRIPTION, EXHIBITION (S),
IMPORTANCE, RARITY, COUNTRY OR ORIGIN, AGE, GENUINENESS, SUBJECT HISTORICAL RELEVANCE, MONETARY OR OTHER VALUE,
FRAMING OR LACK THEREOF, MOUNTING, CONSERVATION, COLOR (S), PALETTE, INSCRIPTION, EDITION, STYLE LABEL OR OTHER
DESCRIPTOR. NO STATEMENT IN THE CATALOGUE, BROCHURES OR IN THE BILL OF SALE OR INVOICE OR BIOGRAPHIC INFORMATION
OR STATEMENTS MADE BY THE AUCTIONEER DURING THE AUCTION OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR
REPRESENTATION OR AN ASSUMPTION OF LIABILITY. NO EMPLOYEE OF JOHN MORAN AUCTIONEERS IS AUTHORIZED TO MAKE,
ON OUR BEHALF OR THAT OF THE CONSIGNOR, ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, WITH RESPECT TO ANY
PROPERTY.
Buyer’s obligation to inspect each item: Buyers are strongly encouraged to view all items auctioned on display before the auction to
determine the true condition and nature of any item(s) of interest. Although there is no legal requirement that each buyer inspect lots
purchased before the
auction, the failure to inspect may constitute a waiver of that buyer’s complaint that the item was not delivered in a condition equal to
the existent condition at the auction as described in section 14 of these Conditions of Sale.
All Sales Final: Notwithstanding any other terms of these conditions, any and all refunds shall be given at the sole discretion of JMA.
Refunds requested on the grounds of authenticity must be made within 10 days of the auction date, and such requests must be accompanied
by at least one supporting statement in writing from a recognized authority stating that the painting or art sold is incorrect or
not the work of the artist. A
recognized authority shall be defined as a person who has authored, edited, or substantially contributed to a monograph on the artist,
a person who has curated, organized or substantially contributed to a solo exhibition on the artist, a person who has represented the
artists estate or someone who represented or worked closely with the artist while they were alive and, in any of the above instances
physically handled works of the period,
medium and subject matter in question during the course of their duties. Please note that dealers who advertise to buy a wide range of
artists, appraisers and representatives of other auction firms do not qualify as authenticators of individual artists unless they have had
such specific involvement with an artists work as specified above in addition to their daily duties. Any lot in question must be returned
to JMA in the exact same condition as when sold. Please be advised that JMA does not grant extensions to refund considerations
based upon authenticity due to shipping delays. There are no exceptions to this refund policy.
The Right to withdraw Lots: JMA reserves the right to withdraw any lot before or at the sale.
Buyer’s Premium: The purchase price payable by a buyer shall be the sum of the final bid plus a premium of 15% of the final bid price.
(Effective June 1, 2006)
A 20% buyer’s premium shall apply on all purchases made via ebay Live.
Lots are Subject to a Reserve Price: Some lots in the auction are subject to a reserve, which is the confidential minimum price below
which the lot will not be sold (the reserve). In no event will the reserve price exceed the low estimate. JMA shall act to protect the
reserve by bidding through the auctioneer. The auctioneer may open bidding on any lot below the reserve by placing a bid on behalf
of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive
bids or by placing bids in response to other bidders. The estimates provided by JMA concerning a given lot, are carefully considered
opinions of the cataloguer and fine art staff. Any estimates given are merely suggestive guidelines for interested buyers. Buyers must
be aware that paintings and art are subject to fluctuating values depending on the subjective interests of collectors and a wide variety
of other uncontrollable factors. The lots auctioned may sell at prices either above or below estimates.
Winning Bid Constitutes an Immediate Transfer of Title: Title to the offered lot shall pass to the buyer upon the fall of the auctioneer‚s
hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other Conditions
of Sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price or such part
thereof as JMA, in its sole discretion, shall require. In addition, the buyer may be required to sign a confirmation of purchase or abide
by any other financial terms that JMA deems necessary to protect the interest of the consignors.