Clark's Fine Art Gallery & Auctioneers Inc.
February Time Book Auctions
All lots are offered
AS IS without any guarantee to catalog or condition descriptions. All books
may have dust accumulation from shelve storage.
The lack of a statement regarding condition does not imply the lot is in
good condition or completely free from defects or the effects of aging. The
proceeding terms supersedes our terms of guarantee. Otherwise all terms of
the Conditions of Sale apply.
The following Conditions of Sale and Terms of Guarantee apply to all
property offered for sale or at auction by Clark’s Fine & Art Auctioneers
Inc or Clark Cierlak Fine Arts (either hereafter known as CFAA).
This includes catalogued, non-catalogued, consigned or inventory
property offered for sale or at auction.
All property descriptions, whether listed in the catalogue or not,
may be amended by us by the posting of an addendum, erratum, notice, or by
oral announcements made during the auction or sale.
All consigned property is offered by CFAA as an agent for the
Consignor(s). By bidding,
purchasing, or agreeing to purchase at auction or sale, you warrant that you
are bound by these Conditions of Sale and Terms of Guarantee.
All bids and agreements to purchase are contractual and intentional.
Under no circumstances will any bids or agreements to purchase be
recognized as accidental or unintentional.
All property is available for inspection.
We recommend that everyone personally inspect any property before
bidding on or agreeing to purchase it.
Although reasonable efforts have been made to describe the property,
it is the buyer's responsibility to inspect the property prior to the
auction or sale (see paragraph J). Unless specifically requested, none of
the property has been inspected by CFAA for a condition report,
no assumption of condition is made or suggested by a description or the lack
of description in the catalogue, addendum, online listing or verbal
announcement. We do not open frames for inspection.
A buyer's premium will be added to the successful bid or sale price
and is payable by the purchaser as part of the total purchase price.
The buyer's premium is 30 %
of the successful bid or sale price.
Online, telephone and absentee bidders as well as bidders not known
to CFAA are required to supply us with a valid credit card (in their name)
or a bank letter of credit prior to the auction.
Bids may not be honored if such arrangements are not made before the
auction. Bidders not known to
CFAA who would like to pay with a business or personal check are required to
supply us with a bank letter of credit prior to the auction. We will then
hold the purchases until the check has cleared our bank. Credit cards are
only accepted in person with valid photo identification unless otherwise
agreed upon by CFAA. Other approved electronic payments will be subject to
Property is offered in lots for the auction.
All bids are per lot as numbered in the catalogue unless otherwise
announced by the auctioneer or listed as such on the catalogue's addendum.
We reserve the right to withdraw any property from the auction or
sale for any reason whatsoever and shall have no liability for doing so.
The auctioneer reserves the right to reject any bid for any reason
whatsoever and shall have no liability for doing so.
This includes, but is not limited to, opening bids below the reserve,
insufficient advances or increments, or bids from a questionable bidder.
The highest bidder acknowledged by the auctioneer will be the
purchaser. In the event of any
dispute between bidders, or if there is doubt on our part as to the validity
of any bid, the auctioneer will determine who is the successful bidder.
The auctioneer may cancel the sale or re-offer and resell the article
in dispute. If any dispute
arises after the sale, our sales record is conclusive.
We are not responsible for any errors or omissions in connection with
absentee, Internet or telephone bids.
If a lot is offered with a reserve the auctioneer may bid for the
consignor up to the reserve. The auctioneer may open the bidding and or
place consecutive bids on behalf of the consignor.
In instances where the auctioneer may have an interest in the lot
other than the commission, the auctioneer may bid up to the reserve to
protect such interest. Any lot
that is consigned to us without a reserve may be assigned a reserve, which
in our judgment is appropriate.
Unless exempted by law the purchaser will be required to pay the
combined California state and local sales tax, any applicable combination
use tax of another state, and if applicable, any federal luxury or other
tax, on the total purchase price. Out of state shipments must be made by a
qualified carrier. Dealers new
to us will be refunded the sales tax upon our verification of a valid
California resale number issued specifically for the type of property
The authenticity of the Authorship (creator, period, culture, or
source of origin, as the case may be, as set forth in the
Bold Type Heading of a catalogue
lot or as described on the Sales Agreement) of property is guaranteed for
30 days from the sale date.
If within 30 days the
purchaser returns the property in the same condition as when purchased and
gives us written proof from a recognized impartial expert which establishes
beyond a reasonable doubt that the returned property is in fact a
counterfeit or a forgery intended to deceive and that this was not indicated
by a fair reading of the auction catalogue, sales agreement or auctioneer’s
comments at the time of sale, then we and the consignor will rescind the
sale and refund the purchase price.
This is a non-assignable guarantee and applicable only to the
receipt-bearing original purchaser. The guarantee does not apply to (a)
property with a heading or description which includes the word or words
"after", "attributed", "manner", "style", "school", "circle", “follower”,
“collection”, “bearing”, “bears signature”, “complimentary signature”,
“signed artist’s name” or
“inscribed artist’s name”
(b) property sold as or listed under the heading or section
“Decorative Arts” or “Fine Decorative Arts”, (c) lots with a low estimate of
$500. or less, (d) lots offered without an estimate, (e) property offered in
a weekday auction.
Aside from authorship, all property is sold "AS IS" without any
warranties or representations by us or the Consignor as to the exactness or
correctness of the catalogue, index, addendum, oral statement, or online
description of the medium, date, state, edition, size, quality, physical
condition, rarity, reference, importance, value, provenance, exhibitions,
estimate, literature or historical relevance of any property.
No statement anywhere, whether oral or written or online, whether
made in the catalogue, sales agreement, sales-room posting or announcement,
an advertisement, or elsewhere, shall be deemed such a warranty,
representation, or assumption of liability.
We and the Consignor make no representations and warranties
whatsoever as to whether the buyer acquires any copyrights or reproduction
rights in any property. Neither
we nor the Consignor are responsible for omissions or errors in the
catalogue, online description, or any other material.
The successful bidder recognized by the auctioneer will take title
(subject to fulfillment of all of the conditions of sale) to the offered lot
at the declaration of the auctioneer as being sold to that bidder, and (a)
will assume full responsibility and risk thereof, and (b) will immediately
pay the full purchase price or deposit as we may require within seven days.
A late charge of 5 % per week of the total purchase price may be incurred by
the purchaser if payment is not made within 7 days from the sale date.
Seven days after the sale date (unless other agreed upon arrangements
have been made and honored), we can (a) apply late charges and storage fees,
(b) cancel the sale, (c) auction or privately resell the property and apply
the net proceeds after our selling commissions and expenses to satisfy the
unpaid balance, (d) sell any or all property the purchaser may have on
consignment with us without minimum or reserve regardless of previously
contracted terms to satisfy amount owed, (e) forfeit the purchaser’s
eligibility to complete the sale and apply any late charges and storage
fees, (f) apply any partial payments to any late charges and storage fees,
or (g) effect any combination thereof.
Any legal expenses incurred by us to collect any or all of the
payment due to us will be charged to the purchaser.
All property must be removed from the premises by the purchaser at
their expense no later than one week after the date of sale unless other
specific arrangements are made with us or shipping arrangements have been
requested. Any item held by
us after seven days may be stored or sent to a storage facility, without
liability on our behalf, for a charge of 5 % of the total purchase
price per day or ten dollars per day, whichever is greater.
If the storage charges accumulate to an amount equal to or greater
than the purchase price we can then auction or privately resell the property
or sell any or all property the purchaser may have on consignment with us
without minimum or reserve regardless of previously contracted terms to
satisfy the accumulated storage charges after our selling commissions and
expenses. Items which have been
paid for but have not been picked up or arranged to be picked up by the
purchaser or their agents will be deemed as abandoned after 30 days,
and may be disposed of by us as we see fit
without any liability or obligation to the
owner whatsoever, unless prior written arrangements have been confirmed by
These Conditions of Sale and Terms of Guarantee, as well as the
buyer's and seller's respective rights and obligations hereunder, shall be
governed by and construed and enforced in accordance with laws of the State
of California. By bidding at an
auction or agreeing to purchase, whether present in person or by agent,
absentee bid, online, telephone or other means, 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 California.
In-house or referred packing may be available for some items for an
additional cost. We are under no obligation to perform in-house packing or
refer the purchaser to a third party packer.
United States Postal Service is currently not available for most
in-house packing. We cannot be
responsible for the acts or omissions in our packing or shipping or those of
other carriers or packers whether or not recommended by us.
Packing and handling of purchased property is at the entire risk of
the purchaser. Insurance is
available upon request for most items. CFAA will not insure or make
insurance claims for glass, damage from glass, or for non-recommended frames
or from damage from thereof.
Under no circumstances and in no event will our liability to a
purchaser exceed the purchase price actually paid.
Clark’s Fine Art generally uses the following bid increments :
$1,000,000. and above
GLOSSARY OF TERMS
Name of Artist:
Subject to the Conditions of Sale set forth in this catalogue, each lot is
identified to be the work of the artist whose name appears in
incorporates the following terms and
combination of terms for describing the physical condition of property to be
offered for sale. Unless otherwise requested, artworks are not inspected out
of their frames. Some condition issues may be listed in the description in
addition to their ranking while other condition issues may not be listed but
may be present based on their ranking. We are happy to provide additional
property description upon request. The “Conditions of Sale and Terms of
Guarantee” apply to all property offered for sale.
In condition as most
likely received from the artist’s studio or production facility.
In good condition as
one might expect given the age of the item. African, Ethnic, Tribal and
others, especially ritual or ceremonial objects may have cracks and losses,
natural or otherwise, which are considered normal and may not be listed in
the condition report.
noted no obvious condition problems sighted at time of inspection, framed or
perceived studio condition.
A) Good Condition (A condition)
May have a few
unobtrusive minor condition issues. For works on paper this may include:
Soft handling creases, pale toning or discoloration, light scuffs, minor
creases or other minor imperfections that may have not been noticed at time
of inspection. For works not on paper this may include: Surface soiling,
light surface scuffs or scratches, natural and or hairline cracking, minor
wear, or other minor imperfections that may have not been noticed at time of
B) Generally Good (B condition)
May have more minor
to moderate condition issues that are generally more pronounced or more
noticeable than “good” condition. For works on paper this may also include:
Nicks or scrapes, small edge tears, lightly scattered speckles or foxing,
some staining in the margins, some fading, and or similar condition issues.
For works not on paper this may also include: Small chips, losses, tears,
some repair, and or more similar condition issues.
C) Fair (C condition)
May have more
moderate condition issues overall. This may include: tears and or losses and
or repairs and or fading of colors, and or more moderate “generally good”
D) Poor (D condition)
Less than “fair
condition” and in need of repair and or restoration.