Terms and Conditions Page
Conditions of Sale
The terms and conditions set forth below apply to and govern the bidding on and purchase of all items offered at auction through the services of Tarisio Auctions LLC or Tarisio Europe Ltd (“Tarisio”) at www.tarisio.com (the “Auction Site”). Bidding or acting as an agent for a bidder, or purchasing any item at the auction constitutes acceptance of the following terms and conditions.
Registration
All bidders must register with Tarisio before placing their first bid. Bidders may register on the Auction Site or by telephone as described on the Auction Site. Tarisio may reject the registration of any bidder in its sole discretion. Furthermore, Tarisio reserves the right to not register any new bidders within 24 hours prior to the close of bidding at the auction.
Reserve
Items for sale at the auction will be divided into Lots. Some of the Lots are offered for sale subject to a reserve. The reserve is a confidential minimum price, agreed upon by the consignor of such Lot and Tarisio, below which such Lot will not be sold. In most cases, the reserve will be less than the low pre-sale estimate for the Lot, and in no case will the reserve be greater than the low pre-sale estimate.
Viewing
All items will be available for viewing and trial at pre-sale exhibitions to be held at locations and times listed at the Auction Site. Potential bidders are encouraged to visit the pre-auction exhibitions.
Bids
All bids must be stated in US Dollars in the US sales and in Pounds Sterling in the UK sales. By placing a bid on a Lot, the bidder is committing to a legally binding and irrevocable offer to purchase the Lot at any price up to and including his or her highest bid amount. Except as stated in paragraph 2 above, the highest bidder as determined by Tarisio shall be the purchaser of the Lot. Failure to complete the transaction is a breach of this Agreement and is legally actionable by Tarisio. All bid retractions require the prior written consent of Tarisio. Tarisio may reject any bid in its sole discretion.
Payment
The Purchaser must make full payment of the purchase price to Tarisio, plus any applicable sales taxes and all charges associated with shipping (including insurance), and the Buyer's Premium (hereinafter defined), no later than seven (7) working days after the close of bidding. For each Lot purchased, the Purchaser shall pay to Tarisio a Buyer's Premium equal to twenty percent (20%) of the total purchase price up to and including two-hundred thousand dollars ($200,000), plus twelve percent (12%) of the total purchase price over two-hundred thousand dollars ($200,000) (this threshold is £100,000 in UK sales). Winning bidders will be notified by email or telephone promptly after the close of the bidding. Payment will be accepted in any of the following methods: personal check, company check, cashier's check, money order, wire transfer, credit card, or cash (for sums of £10,000 or under only in UK sales). Payments made by credit card will be assessed a processing fee of three per cent (3%) of the total purchase price, which shall include buyer's premiums and all other charges. Payment by credit card is not available for UK sales but buyers may elect to pay by PayPal at a surcharge of 4%. All payments and notices should be sent to Tarisio Auctions LLC, 244-250 West 54th, 11th Floor, New York, NY 10019, USA OR in the case of UK sales to Tarisio Europe Ltd, Leroy House 1Q, 436 Essex Road, London N1 3QP, UK. No Lot will be released and no title to any Lot will be transferred until full payment is received by Tarisio. Tarisio reserves the right to hold Lots purchased by personal check or company personal check until such check has cleared in full. Tarisio may impose, and Purchaser agrees to pay, a monthly interest charge of 1.5% of the total purchase price of any Lot not paid by the Purchaser within fifteen (15) days after the date of sale.
Purchaser's Limited Remedy
If the Purchaser of a Lot notifies Tarisio in writing that the Lot is not a genuine work of the maker specified for such Lot in the auction catalog or on the Auction Site, and delivers such notice to Tarisio together with the Lot such that both the notice and Lot are received by Tarisio within twenty (20) days after the close of bidding, Tarisio shall in collaboration with its chosen acceptable experts (hereinafter defined) make a determination of the genuineness of such Lot and, if Tarisio determines that the Lot is not a genuine work of the maker specified in the auction catalog or on the Auction Site, Tarisio will fully refund the purchase price paid for the Lot by the Purchaser. Upon request at any time before, during, or after the bidding period, Tarisio will supply a list of three acceptable experts per Lot whose opinions would be used to determine the genuineness of such Lot. If Tarisio determines not to refund the purchase price, the Lot will be returned to the Purchaser at his or her sole risk and (pre-paid) expense. All packaging, handling, shipping and insurance shall be the sole responsibility of the Purchaser. Tarisio shall have no responsibility for any loss or damage to any Lot incurred in shipment.
EXCEPT AS STATED ABOVE IN THIS PARAGRAPH 6, ALL GOODS ARE SOLD AT AUCTION "AS IS" AND TARISIO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO ANY LOT. IN NO EVENT SHALL TARISIO BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE AUCTION SITE, IN THE AUCTION CATALOG OR OTHERWISE, WITH RESPECT TO THE MAKER, ORIGIN OR CONDITION OF ANY LOT. IN NO EVENT WILL TARISIO BE HELD LIABLE TO ANY PERSON FOR ANY LOT IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE ACTUALLY PAID BY THE PURCHASER FOR SUCH LOT.
Shipping
Upon the Purchaser's making full payment for a Lot in the amounts described in paragraph 5 of these Terms and Conditions, Tarisio will arrange for the packaging and shipping of the Lot in accordance with instructions provided by the Purchaser. The Purchaser may also, at his or her option, pick up the item at Tarisio's offices at 244 West 54th, 11th Floor, New York, NY 10019 (US sales) or Leroy House 1Q, 436 Essex Road, London N1 3QP (UK sales) after making full payment. Under no circumstance will Tarisio be responsible for damage to lots incurred during shipment to purchaser.
Storage
The Purchaser agrees to pay a monthly storage fee of 1.5% of the purchase price of any Lot or portion of a Lot which has not been shipped to or picked up by the Purchaser within 14 days after the close of the auction. Tarisio shall not be responsible for any loss or damage to property left on its premises for more than 14 days after the close of the auction.
Bidder Default
In the event that the highest bidder on a Lot does not remit full payment for such Lot in accordance with these Terms and Conditions (a "Defaulting Bidder"), Tarisio may re-sell such Lot to another bidder at the same or at a later auction and the Defaulting Bidder shall remain responsible for, and shall pay to Tarisio, all deficiencies between the purchase price and the subsequent sale price received by Tarisio for such Lot, plus the Buyer's Premium and all costs of sale and attorneys' fees. If Tarisio returns the item to the consignor, the Defaulting Bidder shall remain liable for all legally enforceable damages, including the Buyer's Premium and attorneys' fees.
Operation of Auction Site
Neither Tarisio nor its web hosting company are responsible for any loss or damage experienced by any bidder or purchaser through his or her use of the Auction Site. Neither Tarisio nor its web hosting company guarantees continuous, uninterrupted, or secure access to the Auction Site as operation of such site may be interfered by numerous factors outside its control. Tarisio and its web hosting company will attempt to prevent inappropriate use of the system but will not under any circumstances be responsible for damage or loss caused by errors in the Auction Site system software or the internet.
Miscellaneous
If any provision (or portion thereof) of these Terms and Conditions shall be invalid or unenforceable under applicable law, such invalidity shall not affect the enforceability of any other provision hereof. In addition, in the event that any provision (or portion thereof) of these Terms and Conditions is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent or character of any obligation contained herein, it is the parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law.
