Pdf Catalogue - California Art Auction
Pdf Catalogue - California Art Auction
Pdf Catalogue - California Art Auction
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Conditions of Sale<br />
9.<br />
10.<br />
11.<br />
12.<br />
13.<br />
14.<br />
Removal of Purchased lots: All items sold may not be removed from JMA’s premises, or the premises of the auction, until the buyer has<br />
paid in full the purchase price therefor or has satisfied such terms, as JMA, in its sole discretion, shall require. Subject to the foregoing,<br />
all lots are to be paid for and removed from JMA premises at the buyer’s expense no later than the third calendar day following the sale,<br />
and, if not so removed, JMA may transfer any such lot to its warehouse at the risk and expense of the buyer. If a lot has not been collected<br />
the third calendar day following the sale and JMA does transfer the uncollected property to its warehouse, the buyer will be liable<br />
to JMA for storage and handling charges of $10.00 per day for each lot. In addition to other remedies available by law, JMA reserves the<br />
right to impose a late charge of 1% per month or the maximum permitted by law on the purchase price commencing on the day following<br />
the date on which payment is due if the buyer does not make payment in full in accordance with these Conditions of Sale.<br />
Absent Bidders: Bids which are submitted to JMA in writing or are otherwise left with JMA prior to an auction for execution at or<br />
below a specified price (Absentee bids), as well as telephone bids, shall be entertained and executed by JMA for the convenience of<br />
bidders not present at auction, but JMA shall not be responsible for failing to execute such bids or for errors relating to our execution<br />
of such bids. Bidding on any article(s), whether in person, by agent, order bid, telephone or other means, constitutes the highest bidders<br />
acceptance of these Conditions of Sale. All absentee bids must be received by JMA prior to the day of sale. Bidders by telephone<br />
are also encouraged to leave a cover bid in case of technical failure.<br />
Applicable taxes: Unless exempted by <strong>California</strong> law, the buyer shall be required to pay any applicable state and local sales tax or<br />
compensating use tax on the purchase price.<br />
Buyer’s Breach of Conditions of Sale: If the buyer fails to comply with any of these Conditions of Sale, JMA may, in addition to asserting<br />
all remedies available by law, including the right to hold such defaulting buyer liable for the purchase price, (I) cancel the sale,<br />
retaining as liquidated damages any payment made by the buyer, (II) resell the property without reserve at public auction or privately<br />
on seven days notice to the buyer, or (iii) take such other action as we deem necessary or appropriate. If JMA resells the property, the<br />
original defaulting buyer shall be liable for the payments of any deficiency in the purchase price and all costs and expenses, including<br />
warehousing, the expenses of both sales, reasonable attorneys‚ fees, commissions, incidental damages and all other charges<br />
due hereunder. In the event that such buyer pays a portion of the purchase price for any or all lots purchased, JMA shall apply the<br />
payment received to such lot or lots that JMA, in our sole discretion, deems appropriate. JMA shall have the benefit of all rights of a<br />
secured party under the Uniform Commercial Code adopted in the State of <strong>California</strong> where the auction is held.<br />
Governing Law, Venue and Jurisdiction: The rights and obligations of the parties with respect to the Conditions of Sale and the conduct<br />
of the auction shall be governed and interpreted by the laws of the State of <strong>California</strong>. By bidding at an auction, whether present<br />
in person or by agent, by absentee bid, telephone or other means, the buyer shall be deemed to have consented to the exclusive<br />
jurisdiction of the courts of such state and the federal courts sitting in such state. Further, the buyer agrees that the venue for any<br />
action arising out of the failure to abide by the Conditions of Sale, or any conduct related to or arising out of the auction, shall be the<br />
Los Angeles Superior Court, Pasadena Branch located at 300 E. Walnut Street, Pasadena, <strong>California</strong> 91101 or the Federal Court Central<br />
District located at 312 North Spring Street, Los Angeles, <strong>California</strong>, 90012-4793. The buyer expressly agrees that (i) neither JMA nor<br />
the seller shall be liable, in whole or in part, for any special, indirect or consequential damages, including, without limitation, loss of<br />
profits and (ii) the buyer’s damages, if any, are limited exclusively to the original purchase price paid for the lot.<br />
Delivery of Lots Sold: The packing and handling of purchased lots by John Moran <strong>Auction</strong>eer’s staff at the auction is undertaken solely<br />
as a courtesy to customers. There is no charge for packing material and labor supplied to you on the evening of the sale. In no event<br />
will JMA be liable for<br />
damage to painting, glass or frames regardless of cause in connection with this free service.<br />
JMA may, in our discretion and as a service to buyers, arrange to have purchased lots packed, insured and forwarded at the request,<br />
expense and risk of the buyer. JMA assumes no responsibility for acts or omissions in such packing or shipping by other packers or<br />
carriers, whether or not<br />
recommended by JMA. Nor does JMA assume any responsibility for any damage to picture frames or to the glass therein. In circumstances<br />
in which JMA arranges and bills for such services via invoice or credit card, JMA will include an administration charge.<br />
In the case of JMA personally delivering an item, if an item cannot be delivered in condition equal to the existent condition at the time<br />
of sale, or should any item be mis delivered, stolen or lost prior to delivery, JMA‚s liability shall not exceed the amount paid by the<br />
buyer at the auction. Buyers are strongly encouraged to view all items auctioned on display before the auction to determine the true<br />
condition of items of interest.<br />
15.<br />
16.<br />
Notices, Demands and Refunds: Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction<br />
shall be in writing and addressed to JMA at 735 West Woodbury, Altadena, <strong>California</strong> 91001.<br />
Effect of any Unenforceable Provisions: Should any of the Conditions of Sale be deemed unenforceable by a competent court having<br />
jurisdiction, such unenforceable provision shall have no effect on the enforcability of the remaining provisions contained in the<br />
Conditions of Sale.