Terms and Conditions
Jan 1, 2016
An auction is a recognized legal contract between buyer and seller. The bidder, by his bid, extends a legally binding offer to buy the item offered. The auction, as the seller, enters into a contract to sell IF the buyer's bid is acceptable. All normal provisions of contract law apply to enforce these arrangements. Please read the descriptions of each auction lot carefully as well as the Terms and Conditions detailed below before bidding. Know what you are bidding on!
1. GUARANTEE OF AUTHENTICITY: This is not a "buyers beware" auction. All works are guaranteed authentic as follows:
a. Author: Each
work offered and sold is guaranteed to be that of the author identified
b. Signature: Each individually written signature is guaranteed to be the authentic hand written signature of the person whose name appears in the signature, i.e. not a counterfeit or forgery, unless specifically exempted or qualified.
c. Descriptions: Other descriptive material is presented for information only and while prepared with the intention to be as complete and accurate as possible is explicitly not covered by the guarantee.
d. Ancient Artifacts and Other Specialized Material: We may be unable to date or attribute with great certainty some lots and thus not able to offer strict warranties beyond what is stated in the description. Limits to our warranty for such lots will be stated in the lot description.
Notification concerning a breach of warranty must be made within 30 days of auction and returned within 14 days of notification. In case of dispute, the auction may request collaborating statement of fact concerning the breach of guarantee from a knowledgeable art professional. Works returned must be in the same condition as sold and should be shipped with appropriate insurance. All communications should refer to the registration code number which is at the end of each description in the auction catalogue.
Special note regarding warranty provision: warranty may not apply in cases where items purchased from us and subsequently offered for sale on Ebay or similar sites and where said item is removed by Ebay from their listings for copyright violations as this is a automatic default response by Ebay, without recourse, whether a valid claim or not, to anyone owning a proper copyright who alleges copyright violations. A violation of copyright does not ipso facto mean that the work is counterfeit or illegitimate.
2. REFERENCE: The term "reference" used in conjunction with lot descriptions refers to standard texts which list and describe and often illustrate the known works of an artist and usually define whether the works are original or reproductive. Unfortunately not all artists are so catalogued, and others incompletely so. In addition, such reference works do not list works which have been produced since the catalogue was written.
4. ESTIMATES: Retail estimates for each work are based on published price lists, actual sales, or best estimates when other information is available. Auction estimates refer to a fair auction price. All estimates, however, represent auction staff opinions. While many works will be sold under estimates, many also will be sold over the estimates. Bidders should keep in mind that through the internet bidding process, you will purchase at the lowest possible price dependent on the interest of other bidders (see section 6 below).
Telephone Bidding: You may bid live on the telephone by making a reservation. This option is subject to availability of personnel and open lines. Contact us if you wish to arrange telephone bidding.
7. BUYER'S PREMIUM: Please Note: Buyer's
through Creighton-Davis website
8. PAYMENT: Payment is expected promptly after
of a successful bid. Payment may be by check, cash, or credit cards
after approval(Visa, Mastercard, Discover). The maximum credit card
invoice is $500. Invoices in excess of $500 must be paid by check
or other bank instrument.
9. SHIPPING: Shipping is the responsibility of the buyer. Shipping is not necessarily expensive unless there is damage. Creighton-Davis will help to arrange shipping, but individuals are free to use their own shippers. We recommend; Craters and Freighters for large items and goods easily damaged. Smaller parcels may be shipped through the Mailbox etc. UPS system. If you use alternative shipping, we can't be responsible for any resulting damage. Note: there is a minimum shipping charge of $25 to cover materials, handling and basic shipping fees if Creighton-Davis arranges shipping.
10. Note: Works may be withdrawn from the original listings at any time and for any reason, and if not delivered to the buyer after payment, may be exempt from the contract terms of the auction.
11. Auction reserves the right to refuse bids or registrations from any individual or other interest for any reason.