The Florida Collection: Modern Art and Design

NEWEL SOUTH FLORIDA: TERMS AND CONDITIONS OF SALE
Last Updated: February 4, 2025
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE PROCEEDING. ONLY PROCEED IF YOU AGREE TO BE BOUND BY THE TERMS BELOW.
CRITICAL DEADLINES & SHIPPING RULES
MANDATORY SHIPPING: LOCAL PICKUP IS NOT AN OPTION. All items MUST be shipped via LiveAuctioneers Shipping Services.
Please find the details of LiveAuctioneers Shipping Support Team below for your reference:
Email: packaging@liveauctioneers.com
Phone: +1 (929) 314-5566
ABSOLUTE DEADLINE: All items must be removed from the premises no later than APRIL 20th, 2026.
PAYMENT: Full payment is due within 36 HOURS of the auction close.

1. FINAL SALE & "AS IS" CONDITION
All property is sold AS IS, WHERE IS, with all faults, defects, and imperfections. No refunds, returns, credits, or exchanges are permitted for any reason. All sales are final at the conclusion of the auction. Buyers are encouraged to inspect items and request additional information prior to bidding. No claims will be accepted after the sale.
2. STATEMENTS ABOUT THE WORK
2.1 Opinion Only: All statements by Newel regarding authenticity, attribution, description, date, age, provenance, title, or condition represent only our judgment and opinion and are not warranted.
2.2 UL Compliance: Newel cannot warrant or certify UL Laboratory compliance for any electrical or lighting components.
2.3 Deterioration: Newel will provide condition information on request, but we are not responsible for deterioration that occurs after the sale.
3. PAYMENT, DEFAULT, AND COLLECTION
3.1 Payment Window: Payment in full is due within thirty-six (36) hours after the auction closes.
3.2 Default: If an invoice remains unpaid fifteen (15) calendar days after the auction closes, the Lot(s) may be forfeited without refund at Newel’s sole discretion. The Buyer remains fully liable for the outstanding balance.
3.3 Remedies: Newel reserves the right to pursue all collection remedies, including referral to collection agencies, credit reporting, and legal action. The Buyer is responsible for all associated costs, including attorney’s fees and court costs.
4. SALES TAX AND DOCUMENTATION
Newel collects sales tax in NY, NJ, and FL. All purchases are subject to applicable taxes unless a valid resale certificate is provided before payment. Out-of-state shipments are exempt only when the buyer provides a Bill of Lading from a licensed common carrier showing delivery outside NY, NJ, or FL. Taxes will not be refunded after payment is processed.
5. BUYER’S PREMIUM
A twenty-eight percent (28%) buyer’s premium will be added to the hammer price of all Lots without exception. This premium is non-refundable and payable as part of the total purchase price.
6. MANDATORY REMOVAL & ABANDONMENT
Newel South Florida is vacating the premises and cannot store items beyond APRIL 20, 2026.
Forfeiture: Any Lot not shipped by April 20 will be deemed forfeited and abandoned without refund or exception.
Liquidated Damages: The Buyer agrees that in the event of abandonment, Newel shall retain all payments (Hammer Price + Premium) as liquidated damages for storage, administrative, and lease-end costs.
7. EXCLUSIVE SHIPPING (NO LOCAL PICKUP)
Coordination: All packing, crating, and transportation will be handled exclusively through LiveAuctioneers Shipping Services. Buyers may not arrange their own pickup or transport.
Liability Release: Newel assumes no responsibility for damage occurring during packing, shipping, or delivery once the Lot leaves the premises. The contract of carriage is between the Buyer and the carrier/LiveAuctioneers.
Timing: Furniture shipping generally requires 2–8 weeks. Oversized items may have shipping costs calculated and added to the invoice post-auction. High shipping costs are not grounds for cancellation.
8. ITEM DESCRIPTIONS & CONDITION REPORTS
8.1 Reliance: Descriptions, images, and measurements are for reference only. Buyers rely solely on their own judgment.
8.2 Wear & Tear: Minor wear, age-related signs, repairs, or odors common to antiques may not be disclosed and do not constitute misrepresentation.
8.3 Visuals: Variations in lighting or display settings affecting appearance are not grounds for return or chargeback.
9. RETURNS AND RESTOCKING FEE
9.1 Approval: All sales are final unless expressly approved in writing by Newel South Florida Auction.
9.2 Fees: If a return is approved, a twenty percent (20%) restocking fee applies to the total purchase price (including premium). Shipping and handling costs are non-refundable.
10. LIMITATION OF LIABILITY
10.1 Disclaimer: Newel and consignors disclaim all express or implied warranties, including merchantability or fitness for purpose.
10.2 Remedy: If liability is imposed, the Buyer’s sole remedy is limited to the hammer price paid for the affected Lot only. Newel is not liable for indirect, incidental, or punitive damages.
11. FORCE MAJEURE
Newel shall not be liable for delays or failures caused by events beyond reasonable control, including acts of God, government restrictions, or failures of infrastructure. No refunds shall be owed due to such events.
12. INTELLECTUAL PROPERTY
Purchase of a Lot does not convey copyright or reproduction rights. Newel retains the right to use images and descriptions of all Lots for marketing and archival purposes.
13. DISPUTE RESOLUTION & GOVERNING LAW
All transactions are governed by the laws of the State of Florida. All disputes shall be resolved by binding arbitration administered by the American Arbitration Association in Florida. The prevailing party may recover reasonable attorney’s fees.