Fine Art & Collectibles Auction

Terms

Condition and Descriptions: Worthington Holdings, LLC ("Worthington") has endeavored to accurately describe all items being sold. However, the photographs are the only intended descriptive items that a prospective buyer should use to evaluate whether to purchase the item. All items are sold as is, where is, with all faults. There are absolutely no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Worthington 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, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer or a representative of Worthington shall be deemed a warranty or assumption of liability by Worthington or by any seller represented by Worthington.

Worthington reserves the right to withdraw any lot, item or property any time including before the auction or sale. Worthington reserves the right to withdraw any lot, item or property, under its sole discretion, after any auction, sale, or purchase for any reason whatsoever, and shall issue a full refund to the winning bidder if already paid. Buyers understand and agree that some or all lots or items listed in any auction catalogue or to be sold at any auction may have a stated or unstated reserve amount or price restricting or preventing the sale of such item or lot to only bids that exceed such reserve.

Liquidated Damages. Buyers understand and agree that problems, issues, difficulties or circumstances sometimes arise, both before or after an auction, that interfere if not eliminate the ability of the consignor or Worthington to provide the lot or item to the winning bidder. All prospective buyers, bidders and/or winning bidders understand and agree that the only remedy or relief at law or in equity to any such buyer, bidder or winning bidder is to obtain a refund of the amount the buyer paid for any such lot or item (the "Liquidated Damages"). Such Liquidated Damages shall be the exclusive and sole remedy, relief or damages a buyer is entitled to receive, and expressly excludes all other remedies that may be afforded at law or in equity, including the specific performance of the contract created herein, or any other contract that may be created between Worthington and a buyer relating to any auction or item. Buyers understand and agree that such Liquidated Damages are herein expressly designated by the parties as the only damages that any buyer, third party, or such other injured party to collect as compensation upon any contract breach.

A prospective buyer may only preview or inspect any lots or items to be auctioned at the time and dates designated by Worthington. All bidders, buyers and winning bidders understand and agree that any bid placed on or before an auction shall be deemed an admission by such bidder, buyer or winning bidder that he/she/it has fully investigated, inspected, and reviewed the item or lot to their full satisfaction, and have determined that the lot or item is as described and has a value or worth equal to or greater than the winning bid on such item or lot.

Your bid is a contract: In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, "Sold". The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her/its own risk and expense.
Right of Set Off: The bidder and/or auction winner understands and agrees that Worthington Galleries shall have the right to set off any credits or refunds owed the bidder and/or auction winner against any and all amounts owed to Worthington Galleries by said bidder and/or auction winner.

Live Auction: Attendance at a live auction event REQUIRES pre-registration through invaluable.com. Please register to bid in our auction by completing all information requested, including providing a valid credit card. Failure to do so will likely result in your not being allowed to attend the live auction or bid online.

The artwork in Worthington Galleries Auctions is owned primarily by artists, private collectors, and organizations such as museums (the "Owners"). The Owners own a copyright or assignment of the copyright to the art. Consequently, photographs and videos of the auction and its art is strictly prohibited. Use of any device to take photographs or videos will result in your being asked to leave. Such conduct may result in your being liable for copyright, trademark and other intellectual property infringement.

Terms & Conditions: The bidder agrees to abide by all terms of the sale of any lot or item. Although a bidder is not entitled to a refund of any item purchased in an auction, should Worthington allow the return of any lot or item, no refunds will be made unless and until the purchased lot or item is received by Worthington. Furthermore, any costs or expenses in any way associated with the repacking, handling, mailing, shipment and return of the lot or item is the full responsibility of the Buyer. Should Worthington receive the item in any lesser condition that it was sold (which determination is at the sole and unilateral judgement and discretion of Worthington), Worthington may withhold the refund of the lot or item until such time the lot or item is repaired. Any and all such repairs shall be the responsibility of the Buyer. Should any dispute arise regarding a lot or item purchased by a Bidder or Buyer, such disputes must be resolved in the Circuit Court of Sumner County Tennessee, and the choice of law will be under the laws of the State of Tennessee.

Taxes: Purchases may be subject to 9.25% Tennessee sales tax unless the Tennessee Department of Revenue Blanket Certificate of Resale form is completed and provided, along with a copy of the resale certificate from your state and received prior to time of purchase. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.