SPECTRUM: NOTICES & CONDITIONS
Checks should be made payable to the Hunter Museum of American Art. All purchases must be paid for in full before delivery and picked up by Friday, November 16, 2018. All offerings are subject to the Condition of Sale in this Catalogue. Although members of the Museum staff have endeavored to catalogue and describe all items correctly, all property is sold “AS IS” in accordance with Paragraph 1 in the Conditions of Sale.
Any unsold artwork will be available for purchase at the opening bid plus 10% until close of business Monday, November 12, 2018.
CONDITIONS OF SALE FOR SPECTRUM AUCTION
The property listed in this catalogue will be offered and sold by Hunter Museum of American Art (HMAA).
(a) HMAA assumes no risk, liability or responsibility of the authorship of any property identified in this catalogue (that is, the identity of the creator with which the creation of any property is identified herein.) All conditions of sale however are equally applicable to the Hunter Museum of American Art, its employees, officers and trustees.
(b) All property is sold “as is” and HMAA makes no representations or warranties of any kind or nature, express or implied, with respect to the property, and in no event shall HMAA be responsible for the correctness, nor be deemed to have made any representation or warranty of description, genuineness, attribution, provenance or condition of the property. No statement in the catalogue or made at the sale or in any bill of sale or invoice or elsewhere shall be deemed such a representation or warranty, express or implied, as to whether the purchaser acquires any reproduction rights in the property.
Any property may be withdrawn by HMAA at any time before actual sale.
Unless otherwise announced by the auctioneer at the time of sale, bids are per lots as numbered in the printed catalogue.
HMAA 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 reoffer and resell the article in dispute. If any disputes arise after the sale HMAA sale records shall be conclusive in all respects.
If the auctioneer determines that any 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 on opening bid, he decides that any advance thereafter is insufficient, he may reject the advance and withdraw the article from sale.
On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all conditions set forth herein and thereupon (a) assumes full risk and responsibility therefor, (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefor or such part as HMAA may require. All property shall be removed from the premises by the purchaser at his expense, if not the evening of the auction then by Friday, November 16, 2018.
If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the HMAA by law, including without limitation, the right to hold the purchaser liable for the bid price, HMAA at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for 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.
In the case of order bids or bids transmitted by telephone HMAA is not responsible for errors or omissions.
Sealed Bid Sales. The date and hour must appear on the Bid Sheet to grant the lot to the first of duplicate bids. In the event of identical bids, the bid which was received earliest will be the successful bid. The highest bidder on any lot becomes the purchaser of said lot at an increment over any lower bids or bids which may have been submitted on the same lot.
These conditions of sale as well as the purchaser’s and HMAA’s rights and obligation hereunder shall be governed by and construed and enforced in accordance with the laws of the state of Tennessee. The highest bidder at auction, silent or live, whether present person or by agent or otherwise, the purchase shall be deemed to have consented to the jurisdiction of the state courts or, and the federal courts sitting in, the state of Tennessee.
In no event or under no circumstance will HMAA’s liability to a purchaser exceed the purchase price actually paid.