Conditions of Sale
Each buyer must have an assigned Buyer’s Number prior to bidding. The highest bidder on a lot shall be the buyer of the lot. The purchase price shall be the sum of 1) the price at which the item is sold (hammer price), 2) a buyer’s premium equal to 25% of the first $500,000 of the bid price, plus 20% on any amount between $500,001 and $1,000,000, and 10% for any amount over $1,000,000 (for those who bid through the internet, there is a 2% surcharge for Clars Online Bidding or 5% for all other bidding platforms), plus 3) sales tax unless the purchaser is exempt by law from such taxes.
Acceptance of Bid
As each item is sold, the Auctioneer shall announce the winning bid and the Buyer’s Number of the winning bid. Failure of the person assigned to the Buyer’s Number to object at the time of announcement shall constitute an acknowledgment of the bid and purchase. The purchaser is legally liable to pay for the item or pay the difference if we must re-offer and sell the item for a lower price.
Regulation of Bid
The Auctioneer shall regulate the bidding and shall be the sole arbiter of any disputes. We reserve the right to withdraw property at any time before the sale and reject a bid from any bidder.
Payment and Pickup
Invoices must be paid in full within three days and merchandise picked up within two weeks of the date of sale. Payment may be made by cash, wire transfer, check, credit/debit card, or PayPal. Credit/debit card and PayPal payments will be subject to an additional 2% processing fee. A storage fee may be charged if merchandise is left longer than two weeks at a rate of $10.00 PER LOT PER DAY. If the property is left longer than 3 1⁄2 (three and one-half) weeks, you may not be approved to bid in any subsequent auction. We are not responsible for packing or shipping. Internet purchases on Clars Live are available same day of auction. Live Auctioneers & Invaluable purchases are available one day after the auction.
Absentee bids are accepted until fifteen minutes prior to the start of the auction for all lots in the auction.
Absentee bids for later lots may continue to be accepted according to announcements or signs posted on the office window. A deposit may be requested on absentee bids over $4,000.00. The auctioneer will bid the absentee bid against floor bidders. In the event of a tie, the floor bidder shall prevail. The Gallery assumes no responsibility for failure to execute any bid for any reason and absentee bids are made subject to the Conditions of Sale. Absentee bidders are requested to call after 11AM on the first weekday following the sale to find out if they were successful.
No lots shall be sold, transferred, or assigned to anyone other than the winning bidder prior to the removal of the lot from the Gallery and only the winning bidder shall remove the lot.
Risk of Loss
In the event, delivery cannot be made because of loss due to fire, theft, or any other reason, the Gallery shall only be liable for the return of any deposits or payments made by the purchaser.
NO WARRANTY; ALL ITEMS SOLD “AS IS AND WHERE IS” THE GALLERY, ITS AGENTS AND EMPLOYEES, AND THE CONSIGNOR DO NOT WARRANT ANY LOT TO BE MERCHANTABLE OR TO BE SUITED FOR ANY PURPOSE AND THEY DO NOT ASSUME ANY RISK, LIABILITY OR RESPONSIBILITY FOR ANY PERSON AS TO AUTHENTICITY, GENUINENESS, CULTURE, SOURCE, ORIGIN, ATTRIBUTION, PERIOD, PURPOSE OR MEASUREMENTS OF ANY LOT. THESE CONDITIONS MAY NOT BE ALTERED OR MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING, SIGNED BY AUCTIONEER AND BUYER.
Any condition statement given to a client, is only an opinion and should not be treated as a statement of fact. The Gallery shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The Gallery strongly recommends that one reviews a condition report for each item on which one plans to bid.
Right of Rescission
Not withstanding the preceding conditions, if within 21 days of the date of sale of any lot, the original purchaser…
gives notice in writing to us alleging that the identification of Authorship (as defined below) of such lot is not substantially correct based on a fair reading of the catalogue (including the terms of glossary contained therein) and within 10 days after such notice returns the lots to us in the same condition as at the time of sale and establishes the allegation in the notice to our satisfaction then the sale of such lot will be rescinded and the original purchase price refunded.
Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any lot. The purchaser’s sole remedy in the physical condition and size, quality, rarity, importance, provenance, exhibition, and literature of historical relevance.
Although our best judgment is used in attributing paintings, drawings and sculpture created prior to 1870 through the appropriate use of the glossary terms, and due care is taken to ensure the correctness of the supplemental material, the right of rescission does not extend to any possible errors or omissions therein.
These Conditions of Sale shall be governed by and construed, interpreted, applied and enforced in accordance with the domestic laws of the State of California as applied to contracts entered into by residents of California and to be performed entirely within the State of California. By participating in any auction subject to these Conditions of Sale, it is agreed that all parties (including but not limited to, the Gallery, bidders, and purchasers) consent irrevocably and exclusively to venue in Alameda County in the State of California.
In the event of a dispute, action, arbitration or other legal proceeding arising from the enforcement or interpretation of these Conditions of Sale, in addition to any other relief permitted by law, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs.
Cash, cashier’s check, wire transfer, PayPal, personal check (items may be held until the check clears), and ATM, MasterCard, Discover & VISA accepted, but not for vehicles. International credit cards are not accepted for any payment. If any legal action is commenced to enforce these Conditions of Sale, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Time is of the essence. Credit/debit card and PayPal payments will be subject to an additional 2% processing fee.
Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at
auction for similar property around the world. Estimates can change as wine markets fluctuate in price. Neither you, nor any party, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot or its value for any other purposes. Estimates do not include any buyer’s premium or any applicable taxes or charges.
A buyer’s responsibility is to examine any item(s) of potential interest carefully. This applies to all wine sold at Clars Auction Gallery. All property is sold “AS IS” without any representations or warranties, express or implied, by Clars Wines as to the correctness of the description of the physical conditions, faults present in the item, size, quality, rarity, importance, provenance, or historical relevance of any property and no statement anywhere, whether oral or written, whether made on our web Site, in an advertisement, a bill of sale or anywhere, shall be deemed such a warranty, representation or assumption of liability. Clars Wines is not responsible for any errors and omissions on both the Clars and auction websites, advertisements or elsewhere. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any such auction lots. In no event will Clars Wine’ liability to a purchaser exceed the purchase price actually paid.