Terms & Conditions/Conditions Of Sale |
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Printable Conditions of Sale
Access to and use of this World Wide Web site (the "Site") is provided subject to the terms, conditions and notices described below (the "Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS AND CONDITIONS AND THE CONDITIONS OF SALE THAT FOLLOW, YOU AGREE TO ACCEPT ALL OF THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS AND CONDITIONS OF SALE WITHOUT CHANGE.
Neal Auction Company ("Neal Auction") reserves the right, within its sole discretion, to change, modify, update, add, or delete portions of the Terms and Conditions and Conditions of Sale at any time, and your use of this Site will be conditioned upon the Terms and Conditions and Conditions of Sale in effect at the time of your use. You should check this page periodically for updates.
When submitting an Absentee Bid through this Site, you will be required to acknowledge your acceptance of the Terms and Conditions and Conditions of Sale in effect at the time of each bid by clicking on the "Submit Bid. I Accept the Terms and Conditions and Conditions of Sale" button at the end of the Absentee Bid form.
Notice of Intellectual Property Rights |
Neal Auction is the exclusive owner (or authorized licensee) of all intellectual property rights, including copyright, and other rights, in the compilation of the textual and visual material contained on this Site, including but not limited to, the illustrations and images contained in the online catalogue. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed, under United States and international law. In addition, Neal Auction, Neal Auction Company, Nealco and Louisiana Purchase Auction are the trademarks of Neal Auction.
You may not sell, license, copy, reproduce, transmit, create derivative works or otherwise use any material or content from this Site for public or commercial purposes, except as permitted by the Limited License to Use set forth below.
Neal Auction grants each user of this Site a limited license to make personal use of the Site for the sole purpose of viewing, bidding upon or purchasing items offered at auction and for no other purpose.
This Site is made available on an "as is" and "as available" basis. To the full extent permissible by applicable law, Neal Auction disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, completeness or currentness. You agree that your use or reliance on this Site is at your sole risk and that you are solely responsible for any loss or damage arising. Neal Auction does not make any representations or warranties, express or implied, regarding the operation of this Site, its servers, or any material contained on or transmitted by this Site, including but not limited to any warranties that this service will be uninterrupted, continuously available, timely, secure, free from error, free of viruses or other harmful components.
Because some jurisdictions do not permit the exclusion of certain warranties, or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights which vary from state to state.
For purposes of this provision, Neal Auction shall include Neal Auction, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.
To the maximum extent permitted by law, Neal Auction will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from the use of, or the inability to use, this Site regardless of whether such alleged liability is based upon contract, tort, negligence, strict liability or any other basis. If you are dissatisfied with this Site or with any of the Terms and Conditions or Conditions of Sale, your sole and exclusive remedy is to discontinue using the Site. Because some jurisdictions do not permit the exclusion or limitation of certain kinds of damages, Neal Auction's liability in these jurisdictions shall be limited to the extent permissible under law.Without limiting the foregoing, and to the maximum extent permitted by law, Neal Auction will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or not, arising from Neal Auction's failure to execute or rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid.
For purposes of this provision, Neal Auction shall include Neal Auction, its directors, officers, employees, its divisions, subsidiaries, successors, parent companies, and their officers, directors, employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data and all other parties involved in creating and producing this Site.
Neal Auction is committed to protecting your privacy. Our Privacy Policy, which explains the way we collect, use and safeguard your personal information, is incorporated into and subject to these Terms and Conditions. You may click here to access our Privacy Policy. By accepting the Terms and Conditions, you expressly consent to our use and disclosure of your personally identifiable information in accordance with the terms of our Privacy Policy.
Absentee Bids Submitted Online |
Neal Auction, through this Site, offers its clients the convenience of submitting Absentee Bids online free of charge. Neal Auction's representatives will endeavor to execute Absentee Bids submitted online, but, as set forth in the foregoing Limitation of Liability provision, will not be liable for any damages, whether foreseeable or not, arising from Neal Auction's failure to execute or its rejection of any Absentee Bid submitted online, or any error in connection with the execution or failure to execute such bid and shall not be subject to any injunctive relief in connection with any Absentee Bid..
Absentee bids, whether submitted online or by other means, are governed by the Conditions of Sale printed in each auction catalogue and on this website and, in addition, by the Terms and Conditions set forth on this website. By submitting an Absentee Bid online, bidders agree to be bound by the Conditions of Sale and Terms and Conditions. Absentee bidders who submit Absentee Bids online expressly acknowledge that at the fall of the auctioneer's hammer, title to the offered lot will pass to the bidder acknowledged by the auctioneer, whether such bid is made in person or as an absentee bid executed by a representative of Neal Auction on behalf of an absentee bidder. The bidder, whether in person or absentee, thereupon assumes full risk and responsibility and will pay the full purchase price for the said lot, plus the buyer's premium, all applicable taxes and other expenses. Neal Auction reserves the right to require that all Absentee Bids, including those submitted online, be accompanied by a 25% deposit.
Eligibility to Submit Absentee Bids On-Line |
Only those persons who can lawfully enter into and form contracts and participate in online auctions under applicable law are allowed to enter and submits bids on this Site. Without limiting the foregoing, minors and other individuals who are not permitted to enter into legally binding contracts or participate in online auctions under the laws of the states in which they reside are not allowed to enter and submit bids.
By registering with this Site and submitting a bid, you agree to this Site's Terms and Conditions and Conditions of Sale. Regardless of whether you register with the Site or submit a bid, however, you agree to the Terms and Conditions that apply to all users of this Site.
Termination And Refusal Of Absentee Bids Submitted On-Line |
Neal Auction shall be entitled, without any liability, to refuse to accept any Absentee Bid submitted online or to terminate its acceptance of all Absentee Bids for any auction, or for any item offered at auction, for any reason and at any time. Neal Auction shall have the right to investigate the credit of any bidder submitting an Absentee Bid online or such bidder's use of a credit card or other arrangement for payment, and shall be entitled to reject any Absentee Bid submitted online, cancel any sale or require additional assurance of payment, if Neal Auction believes, in its sole discretion, that there appears to be grounds to do so.Fraudulent Information and Compliance with Laws |
This Site may be used only for lawful purposes and in a lawful manner. You warrant and agree at all times to comply with all applicable laws, statutes and regulations. You warrant and agree not to register under a false or fictious name, use another person's user id or password, or otherwise provide false information, including but not limited to providing false, invalid or unauthorized credit card information. Neal Auction may notify law enforcement agencies of any conduct it believes, in its sole discretion, constitutes fraudulent or unlawful conduct and will cooperate with law enforcement authorities to ensure that users engaging in such conduct will prosecuted to the fullest extent allowed under the law.Termination of Site Usage |
Neal Auction reserves the right, within its sole discretion, to cancel or terminate the right of any user to use this Site or any part of this Site, including the ability to submit Absentee Bids, at any time with or without notice. Without limiting the foregoing, Neal Auction shall have the right to immediately terminate any user's access to and use of this Site in the event that Neal Auction determines, in its sole discretion, that the user has engaged in conduct that Neal Auction deems inappropriate, unlawful or inconsistent with or in breach of these Terms and Conditions or its Conditions of Sale.Entire Agreement and Severability |
These Terms and Conditions of Use and Conditions of Sale constitute the entire agreement between Neal Auction and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. Neither the course of conduct between the parties nor trade practice shall act to modify any provision under these Terms and Condition and Conditions of Sale.
Any failure by Neal Auction to enforce strict compliance with these Terms and Conditions and Conditions of Sale shall not be construed as a waiver of any of its rights hereunder; any waiver by Neal Auction of any breach of these Terms and Conditions and Conditions of Sale shall not be deemed to be a waiver of any preceding or subsequent breach.
If any provision of the Terms and Conditions and Conditions of Sale shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or failing any such interpretation that would render the provision valid, be deemed severable from this agreement and not affect the validity and enforceability of the remaining provisions of the Terms and Conditions and Conditions of Sale, which shall remain in full force and effect.The Terms and Conditions and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any principles or conflicts of law. You hereby consent and submit to the exclusive personal jurisdiction of the state and federal courts located in the parish of Orleans, Louisiana, in connection with all claims and controversies arising from your use of this Site or under this Agreement.
CONDITIONS OF SALE; WAIVERS
OF WARRANTY; LIMITATIONS OF LIABILITY
Registering for and/or placing a bid at auction constitutes the acceptance of
and agreement to these Conditions of Sale; WAIVERS OF WARRANTY; and LIMITATIONS
OF LIABILITY (collectively, the “Conditions of Sale”). These Conditions of Sale
are binding and enforceable on all bidders and buyers.
1. WARRANTY WAIVERS; LABILITY LIMITATIONS. All lots are sold
"AS IS, WHERE IS" – WITH ALL FAULTS and WITH NO EXPRESS OR IMPLIED WARRANTIES.
No statement or description regarding attribution, authenticity, authorship,
character, condition, kind, period, provenance, value, size, or quality of a
lot, whether made orally at the auction or at any other time, in electronic
messages, online, in writing, or in a catalogue, website, correspondence,
advertising, literature, or elsewhere, is or shall be construed to be a
guarantee, an express or implied warranty, or assumption of liability,
obligation, or responsibility. The buyer WAIVES any such warranty, WAIVES any
warranty of fitness for ordinary use or for any intended use, and further WAIVES
any warranty against redhibitory vices and defects, whether latent, hidden, or
apparent, any whether imposed by the Louisiana Civil Code or any other
applicable statute, law, jurisprudence, or legal authority. The buyer further
WAIVES any rights or remedies in redhibition to a return or reduction of the
purchase price for any lot, including for any lot with any defect rendering the
lot useless, inconvenient, or of diminished usefulness. All sales are final,
without exception.
Each bidder and buyer agrees and acknowledges that: (a) the bidder or buyer is
not relying on Neal Auction Company's actual, perceived, or expressed skill,
expertise, experience, knowledge, or judgment in deciding to purchase any lot;
(b) no oral, written, or electronic statement or description in a catalogue,
website, correspondence, advertising, literature, or elsewhere regarding
attribution, authenticity, authorship, character, condition, kind, period,
provenance, quality, size, or value is the cause of or reason behind the buyer's
purchase of any lot; (c) the buyer would have purchased any lot regardless of
any oral, written, or electronic statement or description about attribution,
authenticity, authorship, character, condition, kind, period, provenance,
quality, size, or value, made in a catalogue, website, correspondence,
advertising, literature, or elsewhere; (d) Neal Auction Company did not know,
nor should it have known that attribution, authenticity, authorship, character,
condition, kind, period, provenance, size, quality, or expressed value is the
cause or reason why the buyer decides to purchase any lot; (e) the buyer's
purchase of any lot is not intended to gratify a nonpecuniary interest; (f) Neal
Auction Company did not know, nor should it have known, that any oral, written,
or electronic statement or description in a catalogue, website, correspondence,
advertising, literature, or elsewhere would cause a pecuniary or nonpecuniary
loss to any bidder or buyer; (g) the bidder or buyer has had the opportunity
prior to bidding to make independent inspections of, and conduct due diligence
on, all lots being offered; (h) there is no inspection or examination period
after the auction bidding; (i) the bidder’s or buyer’s failure to be fully
informed as to the attribution, authenticity, authorship, character, condition,
kind, period, provenance, quality, size, or value of a lot will not be grounds
for any reduction of the purchase price or rescission of the sale; (j) Neal
Auction Company shall not be liable, obligated, or responsible for the presence
of lead-based paint or any other environmental or other hazard of any lot; (k)
Neal Auction Company shall not be liable, obligated, or responsible to the buyer
as to third parties who may claims rights to or interests in any lot; (l) the
buyer is buying at the buyer’s sole risk and peril; (m) Neal Auction Company
shall not be liable, obligated, or responsible for any errors or omissions in
any oral, written or electronic statement or description in a catalogue,
website, correspondence, advertising, literature, or elsewhere. Each bidder and
buyer WAIVES and RELEASES any and all claims arising out of the matters
expressed above. All such waivers, releases, and limitations of liability shall
apply to Neal Auction Company and its owners, officers, directors,
representatives, insurers, agents and employees.
2. Fine Art. Subject to the foregoing Conditions of Sale, WAIVERS OF
WARRANTY, and LIMITATIONS OF LIABILITY, with respect to authorship of works
of fine art, the following phrases have the following meanings:
ARTIST - In our qualified opinion, we believe the work is by the artist named.
Attributed to ARTIST - In our qualified opinion, we believe the work may be
ascribed to the artist named on the basis of style and period, but our opinion
is less certain than in the previous category.
Signed "ARTIST" - In our qualified opinion, the signature, monogram, or other
indication of authorship is a signature of the artist.
School of ARTIST - In our qualified opinion, the work is of the period of the
artist named, by a student or a follower of the artist, but not by the artist.
Manner of ARTIST - In our qualified opinion, although the work is in the style
of the artist named, it is actually of a later period
After ARTIST - In our qualified opinion, the work is a copy of a known work of
the artist named.
Bears signature "ARTIST" - In our qualified opinion, although the work bears the
signature or monogram of the artist, the work most likely is not that of the
artist.
3. Discretionary Rescission. Notwithstanding the foregoing Conditions of
Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, Neal Auction Company
may in its sole discretion, but shall not be obligated to, consider any
reasonable request for rescission of a sale of a work of fine art on the basis
of authenticity of authorship only under the following terms, conditions, and
LIMITATIONS OF LIABILITY, all of which apply, and the buyer WAIVES and RELEASES
any other rights, relief or remedies:
A. Neal Auction Company shall not grant rescission of any lot identified by the
terms "attributed to," “signed,” "school of," "manner of," "after," or "bears
signature."
B. Neal Auction Company shall not grant rescission of any lot unless the buyer
notifies Neal Auction Company in writing within 25 calendar days from the date
of the auction, and returns the lot to Neal Auction Company in the same
condition that the lot was in at the time of sale.
C. Neal Auction Company shall not grant rescission regarding any lot unless the
buyer presents to Neal Auction Company a written document signed by a recognized
art expert acceptable to Neal Auction Company that the lot in question is a
forgery.
D. Neal Auction Company shall not grant rescission to any person (including but
not limited to the original buyer's heirs, legatees, assigns, transferees, or
subsequent purchasers) other than the original buyer, and any rights or
interests of the original buyer are not transferrable, inheritable, or
assignable.
E. Neal Auction Company shall not grant rescission when: (a) there is a conflict
of expert opinion as to the authorship; (b) expert opinion supported authorship
at the time of sale, although expert opinion may have changed after the date of
sale; and (c) scientific or other tests, examinations, investigations, research,
or processes that were unavailable, expensive or impractical at the time of the
auction or sale have revealed since that time that the author, character,
condition, kind, provenance, period, quality, or value Neal Auction Company
believed to be accurate at the time of sale was inaccurate.
In any dispute between Neal Auction Company and the buyer regarding authorship
of a work of fine art, rescission of the sale and refund of the purchase price
paid shall be the buyer's sole recourse or remedy, if any is available. Neal
Auction Company (and its owners, officers, directors, representatives, agents,
insurers, and employees) shall not be liable, obligated, or responsible for any
damages (including compensatory, general, incidental, consequential, exemplary,
or special damages), non-pecuniary losses, costs, expenses, injury, mental
anguish, lost profits, attorneys' fees, or any other monetary, declaratory,
equitable, or injunctive relief or remedy. The buyer WAIVES and RELEASES any and
all such damages, relief, and remedies.
AUCTION BIDDING AND SALE
1. The auctioneer shall have absolute discretion in determining the
highest and best bid on each lot. The auctioneer may decide that any original
bid is not commensurate with the value of the lot offered, or that any advance
thereafter is not of sufficient amount, and the auctioneer may reject or refuse
to recognize that bid or advance.
2. At the fall of the auctioneer's hammer, title to the offered lot shall
pass to the bidder acknowledged by the auctioneer. The bidder, whether in person
or absentee, thereupon assumes full risk, obligation, and responsibility for the
lot and shall pay the full purchase price for the lot, which shall include the
hammer price, plus the buyer’s premium, and all applicable taxes, charges, and
costs.
3. At any time before the sale of a lot, Neal Auction Company reserves
the right to withdraw the lot or any part of the lot, to combine lots, or to
separate items within a lot.
4. No lots will be released before the end of the auction.
5. If the buyer fails to comply with any of these Conditions of Sale,
Neal Auction Company reserves the right to (a) hold such defaulting buyer
liable, obligated, and responsible for the total amount due and to commence
legal proceedings to recover the entire amount along with interest, reasonable
attorneys’ fees, expenses, and costs; (b) charge outstanding amounts to the
buyer’s credit card; (c) apply any payments to outstanding amounts chosen by
Neal Auction Company notwithstanding the instructions of the buyer; (d) cancel
the sale, retaining as liquidated damages any payment made by the buyer; (e)
resell the lot without reserve at public auction, online-only auction, or
privately on seven calendar days' notice to the buyer; (f) enforce specific
performance of the sale; (g) require a deposit in future auctions; (h) exclude
the buyer from future auctions or bidding on particular lots; (i) exercise the
rights and remedies of a person holding security and/or privilege over property
in Neal Auction Company’s possession, whether by pledge, security interest or
any other mechanism, to the full extent allowed under Louisiana law, and Neal
Auction Company may hold the property of the buyer as collateral security for
the buyer’s obligations; (j) and/or take such other actions allowed by law in
Neal Auction Company’s sole discretion. If Neal Auction Company resells the lot,
the defaulting buyer shall be liable, obligated, and responsible for the payment
of any deficiency in the purchase price and any damages, including but not
limited to all costs and expenses of both sales, such as, by way of example
only, storage, handling, insurance, repairs, illustrations, consultations,
examinations, moving, shipping, promotions, advertising, reasonable attorneys'
fees, commissions, and incidental damages.
6. Virtually all lots offered have been subject to use over a
considerable period of time. No mention of cracks, scratches, chips, tears,
breaks, weaknesses, or any damages or wear will be included in oral, written, or
electronic statements or descriptions in the catalogue, website, correspondence,
advertising, or literature. Condition reports may be provided upon request, but
condition reports may not mention all cracks, scratches, chips, defects,
hazards, tears, breaks, weaknesses, or other damages or wear. Neal Auction
Company makes no representations or warranties as to the accuracy or
completeness of any information or description in a condition report or
elsewhere, whether oral, written, electronic, or online. Neal Auction Company
reserves the right to decline to provide a condition report for any specific
lot, at its sole discretion.
7. Neither high nor low estimates in a catalogue, website, advertising,
correspondence, literature, or elsewhere should be relied on as a
representation, prediction, appraisal, guarantee, or warranty that a particular
lot will sell for a particular price or that a particular lot has a particular
value.
8. Neal Auction Company has absolute discretion to admit a bidder to the
auction premises, to expel a bidder from the auction premises, or to refuse a
bidder from participating in the auction.
9. Neal Auction Company and its auctioneers shall not be liable,
obligated, or responsible for failure to recognize or execute any bids for any
reason whatsoever, or for no reason. Bidders waive and release any rights to
damages, and equitable, declaratory, and injunctive relief arising out of the
failure or rejection of any bid, or any errors or omissions relating to the
bidding process.
10. Interfering with the auction in any way is prohibited.
11. Bid rigging is strictly prohibited. Any agreement, understanding, or
arrangement not to bid against another or otherwise to dampen the bidding is
unlawful. The auctioneer reserves the right to bid on behalf of the consignor
for the protection of the consignor if this illegal activity by two or more
bidders is detected, disclosed, or suspected.
12. Canvassing or solicitating on the auction premises is prohibited.
13. The auctioneer has the sole discretion as to the increments of
bidding, the recognition of any bid, the acceptance of the final bid, and
resolving any disputes among bidders.
14. Neal Auction Company represents the consignors only and is not acting
as agent or representative of bidders or buyers. The payment of the buyer’s
premium by the buyer does not indicate a dual agency relationship. Neal Auction
Company is to be paid a fee or commission by the consignor pursuant to a
separate written agreement between the consignor and Neal Auction Company. The
consignor is the seller of the lot sold. Neal Auction Company is the consignment
agent or representative, not the seller.
15. The successful bidder is obligated to pay the purchase price in full
unless Neal Auction Company has consented in writing at the time of the bidder’s
registration that the bidder is acting as an agent on behalf of an identified
person and that said principal is obligated to pay the purchase price in full.
Neal Auction Company reserves the right to require an advance deposit for such
bids.
16. Prior to placing any bid, all bidders must complete a standard Neal
Auction Company Registration Form in use at the time of the auction.
17. Dealers must provide Neal Auction Company with proper documentation
prior to bidding.
18. First time bidders are required to produce a valid state-issued
identification card or passport.
19. Bids are required to be made in U.S. dollars.
20. Neal Auction Company may require a bidder or buyer at any time to
produce financial, banking, or trade references and information.
21. All bidders are required to provide credit card information (such as
but not limited to the type of card, card number, name as it appears on the
card, billing zip code, expiration date, and security code).
22. All bidders are required to select, and notify Neal Auction Company
of, a method of payment (cash/check/wire or credit card) in writing at the time
of registration.
23. Neal Auction Company reserves the right to describe or to make
photographic, video, or audio recordings of the auction, or any part thereof,
and to publish such descriptions, photographs and/or recordings.
24. Lots may be offered subject to a reserve, which is the confidential
minimum hammer price below which the lot will not be sold, for the protection of
the consignor. Such reserve will not exceed the low estimate for the lot. The
auctioneer may open the bidding on any lot by placing a bid on behalf of the
consignor, auctioneer, or an absentee bidder that is below the reserve. The
auctioneer may continue to bid on behalf of the consignor, auctioneer, or
absentee bidder up to the amount of the reserve, by placing consecutive bids or
by bidding in response to other bidders. Neal Auction Company may sell a lot at
a hammer price below the reserve at its discretion, subject to its agreement
with the consignor.
ABSENTEE/TELEPHONE/ONLINE BIDS
1. All absentee bids and/or telephone bids must be received by Neal
Auction Company by 5 p.m. Central Time the Thursday prior to the auction.
2. All arrangements for bidding should be made as early as possible.
Telephone bidding will be taken at the discretion of Neal Auction Company. Each
lot must have a minimum low estimate of $500 for telephone bidding. Absentee
bids are accepted for any lots regardless of estimate, at the discretion of Neal
Auction Company.
3. Neal Auction Company intends to endeavor to protect the
confidentiality of absentee/telephone bids. In the event that the identity of
absentee/telephone bidders or buyers or of the amounts of absentee/telephone
bids is disclosed, Neal Auction Company shall not be liable, obligated, or
responsible for such disclosure, and each bidder and buyer waives and releases
Neal Auction Company (and its owners, officers, directors, representatives,
insurers, agents, and employees) from any claims arising out of such disclosure.
4. Neal Auction Company reserves the right, in its sole discretion, to
require that any advance bids be accompanied by a security deposit.
5. Neal Auction Company shall not be liable, obligated, or responsible
for any failure, design flaw, error, act, omission, or negligence of third party
sites or their agents. Bidders waive and release any rights to damages and
equitable, declaratory, and injunctive relief and remedies arising therefrom.
6. Prior to placing any absentee, telephone, or online bid, all bidders
are required to complete the applicable Registration Form prior to such bidding.
7. In the event of ambiguity, uncertainty, or discrepancy, the lot number
and not the lot description on any bid will be deemed to be the lot on which the
bid is made.
8. If more than one absentee bid on a particular lot is received with the
same maximum bid amount, and that bid amount is the highest and best bid for the
lot, the lot will be sold to the bidder whose absentee bid was accepted first by
Neal Auction Company after receiving it. If a bid placed on a lot by a bidder
who is physically present at the auction is identical to an absentee bid for the
lot and is the highest and best bid for the lot, the lot will be sold to the
person who is physically present at the auction. If a bid placed on a lot by a
bidder who is present at the auction (in person or by telephone) is identical to
an absentee bid for the lot and is the highest and best bid for the lot, the lot
will be sold to the person who is present at the auction (in person or by
telephone).
9. Neal Auction Company reserves the right to record any telephone
bidding or conversation relating to said bidding, or any part thereof, and to
publish said recordings. By participating in telephone bidding, the bidder
consents to such recording and publication, notwithstanding the laws or
regulations of the state or jurisdiction of the bidder.
PAYMENT
1. The successful bidder (except a successful online bidder) shall pay a
buyer's premium in the amount of 25% of the hammer price on each lot up to and
including $200,000, plus 15% of the hammer price greater than $200,000. For
payments made by cash, check, or wire transfer (except by online bidders) within
15 calendar days of the auction, the buyer's premium will be discounted to 22%.
2. The successful online bidder shall pay a buyer's premium in the amount
of 28% of the hammer price on each lot. A discount for payments made by cash,
check, or wire transfer is not available for purchases made by online bidders.
3. In the event of any dispute, the Neal Auction Company sale record is
conclusive.
4. Unless exempt by law, the buyer will be required to pay Louisiana and
local taxes, and, if applicable, any federal luxury or other tax, on the total
purchase price.
5. Documentation of tax exemption must be provided upon registration.
Billing name and address of a bidder must agree with that on the sales tax
exemption certificate.
6. Payment in full of the purchase price must be made by the successful
bidder in U.S. Dollars within 15 calendar days of the auction. Interest charges
of one and one-half percent per month shall apply to invoices paid after this
period expires. Neal Auction Company reserves the right to require payment in
full of the purchase price immediately following declaration of the successful
bidder.
7. Payment for all jewelry purchases must be made by cash, check or wire
transfer.
8. VISA, MasterCard, Discover, and American Express are accepted for
payment of invoices (except jewelry) up to $25,000 per buyer
9. The buyer’s signature on a registration form (or other writing with
the buyer’s credit card number) gives Neal Auction Company permission to charge
the buyer’s credit card the full amount of the buyer’s invoice if full payment
is not received within 15 calendar days of the auction or, in Neal Auction
Company’s discretion, to charge the buyer’s credit card later, with interest at
the rate of one and one-half percent per month.
PACKING, MOVING, SHIPPING, AND DELIVERY
Neal Auction Company may furnish information on packers, movers, or shippers for
buyers making packing, moving, shipping, and delivery arrangements, but Neal
Auction Company shall not be liable, obligated, or responsible therefore, and
buyers retain packers, movers, and shippers at their own risk and peril.
Shipping, moving, packing, and delivery arrangements and agreements are strictly
between the buyer and the shipper, mover, or packer. Neal Auction Company shall
not be liable, obligated, or responsible for any damage to property, including
vehicles, or for any personal injuries of buyer or any third parties involved in
packing, moving, shipping, or delivery. Buyers waive and release Neal Auction
Company (and its owners, officers, directors, representatives, insurers, agents,
and employees) from any and all claims relating to packing, moving, shipping,
and delivery of purchased lots, and any damage or injuries to persons or
property arising therefrom.
HANDLING AND STORAGE
Unless other arrangements are made and confirmed in writing by Neal Auction
Company, all lots must be removed within 15 calendar days of the auction. On the
first business day following that time period, any lots remaining in the Neal
Auction Company gallery may be turned over to a storage facility, at Neal
Auction Company’s discretion. The buyer will be responsible for all handling and
storage charges. Handling charges shall be a minimum of $50 per lot. Storage
costs shall be a minimum charge of $50 per month per lot. Storage charges accrue
monthly and must be paid in full before any lots purchased by the buyer are
released. At its discretion, Neal Auction Company may charge the full amount of
any storage and handling charges, on a periodic basis, on the buyer’s credit
card, including interest at the rate of one and one-half percent per month.
All purchased lots will be handled and stored at the buyer's sole risk and
peril. Neal Auction Company (and its owners, officers, directors,
representatives, insurers, agents, and employees) shall not be liable,
obligated, or responsible for handling or storage, or for any damage to or loss
of, any lot after the auction or sale. The buyer waives and releases all such
claims against Neal Auction Company (and its owners, officers, directors,
representatives, insurers, agents, and employees).
INTELLECTUAL PROPERTY RIGHTS
Neal Auction Company retains the copyright and other intellectual property
rights to all photographs, video, illustrations, text, and other works in its
catalogue, website, advertising, correspondence, literature, and elsewhere. Such
photographs, video, illustrations, text, and other works may not be used,
copied, published, exhibited, revised, or displayed without the prior written
permission of Neal Auction Company.
Neal Auction Company and the consignor make no representation or warranty that
the buyer of a lot will acquire any copyright or other intellectual property
right or interest in the lot.
IMPORT/EXPORT
Lots made of or incorporating endangered or protected wildlife materials,
irrespective of age or amount of material, may require a license or certificate
authorizing export from the United States as well as relevant authorizations
from the country of import. It is the responsibility of the bidder or buyer to
determine and be satisfied that the requirements of any applicable laws and
regulations applying to the transportation, whether international or interstate,
can be met before bidding. The inability of a buyer to transport lots containing
endangered or protected wildlife material is not a basis for cancellation or
rescission of the sale. Although licenses may be obtainable to export certain
types of endangered species, some types may not be exported at all, and other
types may not be resold in certain states in the United States. Neal Auction
Company cannot assist the bidder or buyer in attempting to obtain the
appropriate licenses and/or certificates, and bidders and buyers can be given no
assurance that an export license or certificate can be obtained. Each bidder
should verify with an attorney or qualified shipping company if uncertain as to
whether a lot is subject to export/import license and certificate requirements
and any other restrictions or prohibitions on the interstate transportation or
exportation from the United States. Neal Auction Company (and its owners,
officers, directors, representatives, insurers, agents, and employees) shall not
be liable, obligated, or responsible for any oral, written, or electronic advice
given or representations made by it or by any shipping company, legal counsel,
or other person. Buyers waive any and all claims against Neal Auction Company
(and its owners, officers, directors, representatives, insurers, agents, and
employees) relating to such advice and representations.
MANDATORY AND EXCLUSIVE FORUM SELECTION; CHOICE OF LAW
Any action of any nature brought by a bidder or buyer against Neal Auction
Company (and/or its owners, directors, officers, representatives, insurers,
and/or employees) and/or the consignor of any lot in any court, whether federal
or state, shall be brought exclusively in Orleans Parish, Louisiana. Every
bidder and buyer agrees to submit to jurisdiction and venue in federal or state
court in Orleans Parish, Louisiana, waives all objections or challenges to such
jurisdiction or venue, and waives any rights to jurisdiction or venue in any
other forum. Any dispute between the bidder or buyer and Neal Auction Company
(and/or its owners, directors, officers, representatives, insurers, and/or
employees) and/or the consignor of any lot shall be governed by the law of the
State of Louisiana, notwithstanding any conflicts of laws principles.
MISCELLANEOUS LEGAL PROVISIONS
If any part of these Conditions of Sale is held to be invalid, null, or
unenforceable, that part shall be reformed so as to implement the intent of the
parties as expressed herein, and any such holding shall not affect the remaining
provisions of these Conditions of Sale, which shall remain in full force and
effect, subject to reformation to implement the intent of the parties as
expressed herein.
The paragraph headings contained herein are for convenience of reference only
and shall not affect the meaning or interpretation of these Conditions of Sale.
All prior and contemporaneous representations, communications, and agreements,
if any, between the bidder or buyer and Neal Auction Company (and any of its
owners, officers, directors, representatives, insurers, agents, and employees)
relating to any of the lots offered for sale or to the auction or sale are
hereby superseded and merged into these Conditions of Sale, which are the entire
and only contract between the bidder or buyer and Neal Auction Company relating
to the subject matter herein.
Any modifications, amendments, or waivers of these Conditions of Sale must be
made in a writing signed by both Neal Auction Company and the bidder or buyer.
In the event of any disputes arising out of the auction or sale of lots or these
Conditions of Sale, Neal Auction Company (and its owners, officers, directors,
representatives, insurers, agents, and employees) shall not be liable, obligated
or responsible for any general, special, exemplary, incidental, or consequential
damages (including but not limited to lost profits and attorneys’ fees). Every
bidder and buyer waives and releases any rights to such damages. This LIMITATION
OF LIABILITY does not, and is not intended to, enlarge or expand any rights or
interests of a bidder or buyer that are restricted or limited elsewhere in these
Conditions of Sale (including but not limited to the WARRANTY WAIVERS and
LIABILITY LIMITATIONS set forth herein).
These Conditions of Sale constitute a binding legal contract between Neal
Auction Company and each bidder or buyer. Each bidder and buyer acknowledges
having read and understood these Conditions of Sale, WAIVERS OF WARRANTY, and
LIMITATIONS OF LIABILITY. All bidders and buyers further acknowledge that they
enter into these Conditions of Sale of their own free will, with full authority,
and under no duress or coercion.
Please note that all of the terms and
descriptions used in this catalogue are intended as qualified opinions only and
are subject to the Conditions of Sale and Limited Warranty set forth elsewhere.
Neal Auction Company assumes no express or implied warranty with respect to
these terms and descriptions, and they shall not be construed to be a warranty,
representation or assumption of liability. Subject to the foregoing, with
respect to authorship of works of art, the following terms shall have the
following meanings: George Inness
In our qualified opinion, we believe the work is by the artist named. Attributed to George Inness
In our qualified opinion, we believe the work may be ascribed to the artist
named on the basis of style and period, but our opinion is less certain than in
the previous category. Signed “George Inness”
In our qualified opinion, the signature, monogram
or other indication of authorship is a signature of the artist. School of George Inness
In our qualified opinion, the work is of the period of the artist named, by a
student or a follower of the artist, but not by the artist. Manner of George Inness
In our qualified opinion, although the work is in the style of the artist named,
it is actually of a later period. After George Inness
In our qualified opinion, the work is a copy of a known work of the artist
named. Bears signature “George Inness” - In our qualified opinion, although the
work bears the signature or monogram of the artist, the work most likely is not
that of the artist. Absentee / Telephone Bids |
1. All absentee
bids and/or telephone bids must be in our gallery by 5 P.M. CST the Thursday
prior to the auction.
2. All arrangements for bidding should be made as early as possible. Telephone
bidding will be taken at the discretion of the Neal Auction Company. Each item
must have a minimum low estimate of $500.
3. We assume no responsibility for failure to execute bids for any reason
whatsoever.
4. We reserve the right to require that advance bids be accompanied by a
deposit.
1. The successful bidder agrees to pay a
buyer’s premium in the amount of 25% of the hammer price on each lot up to and
including $200,000, plus 15% of the hammer price greater than $200,000. For
payments made by cash, check or wire transfer within 15 days of the auction, the
buyer’s premium shall be discounted 3% of this 25%.
2. Online bidding is available at a buyer’s premium in the amount of 28% of the
hammer price. A cash discount is not available for purchases made online. Neal
Auction is not liable for any failure of third party sites. In the event of a
dispute, the Neal Auction sale record is conclusive.
3. Unless exempt by law, the buyer will be required to pay Louisiana and local
taxes, and, if applicable, any federal luxury or other tax, on the total
purchase price.
4. Documentation of tax exemption must be provided upon registration. Billing
name and address of a bidder must agree with that on the sales tax exemption
certificate.
5. Payment in full must be made by the successful bidder in US Dollars within 15
days of the auction date. Interest charges will apply to invoices paid after
this period expires. We reserve the right to require payment in full of the
sales price at the moment of the successful bid.
6. VISA, MasterCard, Discover and American Express are accepted for invoices up
to $25,000 per customer.
Neal Auction has discretion to admit a bidder to
the auction premises or refuse participation in the auction.
Neal Auction Company requires that the merchandise be held on premises until the
check clears or money can be wired into the Neal Auction Company account.
Your signature on this form gives Neal Auction permission to charge your credit
card the full amount of your invoice if payment is not received within 15 days
of the auction.
We will assist
buyers in making shipping arrangements by furnishing information on packers and
shippers. Handling of purchased items by us is at the risk of the buyer. Final
shipping arrangements and agreements are strictly between the buyer and the
shipper.
Due to the embargo on Persian carpets, they may not be shipped internationally.
Unless other
arrangements are made and confirmed in writing, all items must be removed within
15 days of the auction. On the first business day following that time period,
items remaining in the gallery will be turned over to a storage facility. The
buyer will be responsible for handling and storage costs. Handling costs will be
a minimum of $50. Storage rates will carry a minimum charge of $50 per month per
item. All items handled or stored will be at the buyer’s risk. Storage charges
are accrued monthly and must be paid in full before items are released. We are
not liable for any damage to items after the sale.
Neal Auction retains the rights to all photographs
and all intellectual property in this catalogue. They may not be used without
prior written permission.
Items made of or incorporating endangered or
protected wildlife materials, irrespective of age or percentage of material
included therein, may require a license or certificate authorizing export from
the US as well as relevant authorizations from the country of import. It is the
responsibility of the prospective purchaser to determine and be satisfied that
the requirements of any applicable laws or regulations applying to the
transportation, whether international or interstate, can be met before bidding.
The inability of a buyer to transport property containing endangered or
protected wildlife material is not a basis for cancellation or rescission of the
sale.
Although licenses can be obtained to export some types of endangered species,
other types may not be exported at all, and other types may not be resold in
certain states in the United States. Neal Auction Company cannot assist the
purchaser in attempting to obtain the appropriate licenses and/or certificates,
and purchasers can be given no assurance that an export license or certificate
can be obtained. Please check with a qualified shipping company to if you are
uncertain as to whether a lot is subject to these export/import license and
certificate requirements, or any other restrictions on its interstate
transportation or exportation from the United States.
MANDATORY AND EXCLUSIVE FORUM
SELECTION; AND CHOICE OF LAW |
Any action of any nature
brought by either party against the other in any court, whether federal or
state, shall be brought exclusively in Orleans Parish, Louisiana. Each party
agrees to submit to jurisdiction and venue in federal or state court in Orleans
Parish, Louisiana, waives all questions of such jurisdiction or venue, and
waives any rights to jurisdiction or venue in any other forum. Any dispute
between the parties shall be governed by the law of the State of Louisiana,
notwithstanding any conflicts of law principles.
Last revised:
1/16/2020 |