The following Conditions of Sale and Terms of Guarantee are Farber Auctioneers and Appraisers, LLC. and the Consignor’s entire agreement with the purchaser and any bidders relative to the property listed in this catalogue.
The Conditions of Sale, Terms of Guarantee, and all other contents of this catalogue are subject to amendment by us by the posting of such amendments on the Farber Auctioneers & Appraisers’ website (www.farberauctions.com). The property will be offered by us as agent for the Consignor unless the catalogue indicates otherwise.
By participating in any sale, you acknowledge that you are bound by these Conditions of Sale and Terms of Guarantee.
1. As Is Items auctioned are previously owned and often of some age. The authenticity of property listed in the catalogue is guaranteed as stated in the Terms of Guarantee and except for the Limited Warranty contained therein, all property is sold “AS IS” without any representations or warranties by us or the Consignor and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, or elsewhere, shall be deemed such a warranty, representation, or assumption of liability. We and the Consignor make no representations and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property. We and the Consignor are not responsible for errors and omissions in the catalogue.
2. Inspection Prospective bidders should make themselves aware of the property on which they wish to bid, which may include information about its condition and size and whether the property has been repaired or restored. Please contact us regarding inspection or for additional information. Any condition reports are provided to assist you with assessing the condition of the property.
3. Buyer’s Premium A buyer’s premium will be added to the hammer price and ar payable by the purchaser as part of the total purchase price. The buyer’s premium is 25% of the hammer price up to and including $53,000, 23% of any amount in excess of $50,000 up to and including $200,000, and 21% of any amount in excess of $200,000.
4. Withdrawal We reserve the right to withdraw any property before, during and after the sale and shall have no liability whatsoever for such withdrawal.
- Bidding All bids placed in that auction are governed by the Conditions of Sale for that auction.
By participating in the sale, you represent and warrant that any bids placed by you, or on your behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
- Cancelling Bids A bidder may cancel a bid placed in an online sale by contacting our representatives at least 24 hours prior to commencement of the live auction.
7. Governing Law and Jurisdiction These Conditions of Sale and Terms of Guarantee, as well as bidders’, the purchaser’s and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey. By bidding at an auction, all bidders including the purchaser, shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New Jersey. All parties agree, however, that Farber Auctioneers & Appraisers shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of New Jersey.
8. Packing and Shipping Packing and handling of purchased lots is at the entire risk of the purchaser.
9. Limitation of Liability In no event will the aggregate liability of Farber Auctioneers & Appraisers and the consignor to a purchaser exceed the purchase price actually paid. Farber Auctioneers & Appraisers will not be responsible for any errors or failures to execute bids placed online or for any errors or omissions in connection therewith including, without limitation, errors or failures caused by (i) a loss of connection to the internet or the Farber Auctioneers & Appraisers online platform software by either Farber Auctioneers & Appraisers or the client; (ii) a breakdown or problem with Farber Auctioneers & Appraisers online platform software; or (iii) a breakdown or problem with a client’s Internet connection, mobile network or computer.
Terms of Guarantee
As set forth below and in the Conditions of Sale, for all lots, Farber Auctioneers or Appraisers, LLC guarantees that the authorship, or origin (collectively, “Authorship”) of each lot in this catalogue is as set out in the initial lot heading immediately following the lot number in the catalogue description of the lot, as amended by notices posted on the Farber Auctioneers & Appraisers website. Farber Auctioneers and Appraisers makes no warranties whatsoever, whether express or implied, with respect to any material in the catalogue other than the Authorship appearing in the initial lot heading immediately following the lot number and subject to the exclusions below. For the avoidance of doubt, any property designation related to the seller of the property that may appear below the lot number is not deemed a heading for purposes of the Guarantee.
In the event Farber Auctioneers and Appraisers in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, it shall refund to the original purchaser of record the hammer price paid and applicable buyer’s premium and overhead premium paid for the lot by the original purchaser of record.
This Guarantee is provided for a period of two (2) years from the closing date of the relevant auction, is solely for the benefit of the original purchaser of record at the auction and may not be transferred to any third party. To be able to claim under this Guarantee of Authorship, the original purchaser of record must: (i) notify Farber Auctioneers and Appraisers, LLC in writing within one (1) month of receiving any information that causes the original purchaser of record to question the accuracy of the Authorship in the initial lot heading immediately following the lot number, specifying the lot number, closing date of the auction at which it was purchased and the reasons for such question; and (ii) return the Lot to Farber Auctioneers and Appraisers at the original selling location in the same condition as at the closing date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
Farber Auctioneers and Appraisers has discretion to waive any of the above requirements. Farber Auctioneers and Appraisers may require the original purchaser of record to obtain at the original purchaser of record’s cost the reports of two independent and recognized experts in the field, mutually acceptable to Farber Auctioneers and Appraisers and the original purchaser of record. Farber Auctioneers and Appraisers shall not be bound by any reports produced by the original purchaser of record and reserves the right to seek additional expert advice at its own expense. It is specifically agreed and understood that the rescission of a sale and the refund of the original purchase price paid (the successful hammer price, plus the buyer’s premium and overhead premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law. Farber Auctioneers and Appraisers and the Consignor shall not be liable for any special, punitive, incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
During the Auction
The Catalogue The catalogue will be available online at the start of the auction and is available throughout the auction.
Estimates Each lot in the catalogue is given a low and high estimate, indicating to a prospective buyer a range in which the lot might sell at auction. When possible, the estimate is based on previous auction records of comparable pieces. Estimates should not be relied upon as a representation or prediction of actual selling prices.
Provenance In certain circumstances, Farber Auctioneers and Appraisers may publish in the catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a seller’s request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
Specialist Advice Prospective bidders may be interested in specific information not included in the catalogue description of a lot. For additional information, please contact one of our client services associates via email at email@example.com.
Inspection Prospective bidders should make themselves aware of the item on which they wish to bid, which may include information about its condition, size, and whether the item has been repaired. Please contact us regarding inspection or for additional information. Any images and condition reports are provided to assist you with assessing the condition of the property and are for guidance only.
Bidding If you would like to bid, you must have an online account with Farber Auctioneers and Appraisers. Farber Auctioneers and Appraisers reserves the right, in our sole discretion, to refuse your registration or participation in the auction or to revoke your permission to participate before, during or after the sale.
All lots sold will be invoiced to the name and address registered for the bid and cannot be transferred to other names and addresses. Farber Auctioneers and Appraisers reserves the right to refuse to accept payment from a source other than the buyer of record. For information about registering to bid please visit the Farber Auctioneers and Appraisers website.
Hammer Price and the Buyer’s Premium For lots which are sold, the last price for a lot noted by Farber Auctioneers and Appraisers online bidding system is the hammer price. A buyer’s premium will be added to the hammer price and is payable by the purchaser as part of the total purchase price. The buyer’s premium will be the amount stated in the Farber Auctioneers and Appraisers’ Conditions of Sale.
After the Auction
Payment If your bid is successful, your invoice will be e-mailed to you. The final price is determined by adding the buyer’s premium and any other applicable charges to the hammer price on a per-lot basis. Sales tax, where applicable, will be charged on the entire amount. Payment is due in full within seven (7) days after the sale.
Payment by Credit Cards
Farber Auctioneers and Appraisers accepts payment by credit card for Visa, MasterCard, Discover and American Express. Credit Card payments are only accepted for invoices totaling $2500 or less. Payment by credit card may be made by calling in to Client Services at 215.798.3202, or in person at our premises.
Payment by Check
Farber Auctioneers and appraisers accepts personal, certified, banker’s draft or cashier’s checks. Money orders are not accepted. Personal checks will not be accepted for invoices greater than $5000. Any invoice totally over $5000 must be paid with a certified check, bank check or bank wire transfer.
Payment by Wire Transfer To pay for a purchase by wire transfer, please refer to the payment instructions on the invoice provided by Farber Auctioneers and Appraisers or contact Client Services to request instructions.
Sales and Use Tax New Jersey sales tax is charged on the hammer price, buyer’s premium, and any other applicable charges on any property picked up or delivered in the State of New Jersey, regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper who is not a considered a “common carrier” by the New Jersey Department of Revenue will be charged New Jersey sales tax on the entire charge regardless of the destination of the property.
Shipping Services Farber Auctioneers and Appraisers will provide you with a list of recommended shippers enclosed with your winning bidder invoice. You are not obligated to use the shippers listed; this is simply provided as a courtesy.
Collecting your Property Farber Auctioneers and Appraisers office is open on a limited basis by appointment only. All collections and deliveries for purchased property will be handled by Client Services in coordination with purchasers after the auction.
If you are having your property shipped, your shipper must provide a Bill of Lading prior to collection. The Bill of Lading must include: the purchaser’s full name, the full delivery address including the street name and number, city and state or city and country, the sale and lot number.
Farber Auctioneers and Appraisers will contact your shipper within 24 hours of receipt of the Bill of Lading to confirm the date and time that your property can be collected. Property will not be released without this confirmation and your shipper must bring the same Bill of Lading that was emailed to Farber Auctioneers and Appraisers when collecting. All property releases are subject to the receipt of cleared funds.
Failure to Pay
If you fail to pay the purchase price in full by the due date, we will be entitled to pursue one or more of the following (as well as enforce any other remedies we have by law) at our sole discretion:
(a) We can charge interest from the due date at a rate of up to two percent (2%) per month on the unpaid amount due.
(b) We can cancel the sale of the lot and sell the lot again, on such terms as we believe appropriate, in which case you will be liable for paying us any shortfall between the amount you owe us and the resale price, plus all expenses, damages, and legal fees we incur due to your nonpayment.
(c) We can pay the seller the amount due to them, in which case you acknowledge and understand that we will have all the seller’s rights to pursue you for such amount.
(d) We can hold you legally responsible for the amount you owe us and bring legal proceedings against you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by law.
(e) We may reject any bids made by or on behalf of you in future auctions or require you to provide us with a deposit before accepting any bids.
Loss and Liability Unless otherwise agreed by Farber Auctioneers and Appraisers, all sold property must be removed from our premises by the buyer at their expense no later than 60 calendar days following the close of the auction. Buyers are reminded that Farber Auctioneers and Appraisers liability for loss or damage to sold property shall cease no later than 30 calendar days after the close of the auction.