The October Collection - Fine Art & Jewelry

DURAN AUCTIONS
TERMS AND CONDITIONS

1. GENERAL TERMS AND CONDITIONS

(a) All sales at Duran Auctions (“Duran Auctions”), by any means, including but not limited to auctions, online, in person or by representative, are governed by and are subject to the following terms and conditions. By using this site and/or participating in any Duran Auctions sales you agree to be subject to such terms and conditions and acknowledgment that you have read and understood same or have consulted with counsel of your choice to explain same. These terms and conditions are subject to amendment and/or modification at the time of sale by notices posted in the sales room, printed amendments or announcements by the auctioneer and participant agrees to be bound by same.

(b) The items offered by Duran Auctions may be owned directly by Duran Auctions, or Duran Auctions may be acting as agent for the owner through consignment or otherwise.

(c) EACH ITEM OFFERED FOR SALE AND SOLD BY DURAN AUCTIONS IS SOLD “AS-IS” AND “WHERE-IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES CONTAINED IN OR CREATED BY THE UNIFORM COMMERCIAL CODE OR OTHERWISE. BUYERS ACKNOWLEDGE THAT NEITHER DURAN AUCTIONS. NOR ANY OF ITS AGENTS HAVE MADE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING (i) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ITEMS PURCHASED FROM DURAN AUCTIONS, (ii) THE SUITABILITY OF THE ITEMS PURCHASED FROM DURAN AUCTIONS FOR ANY INTENDED USES, (iii) THE COMPLIANCE OF THE ITEMS PURCHASED FROM DURAN AUCTIONS WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, (iv) THE MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ITEMS PURCHASED FROM DURAN AUCTIONS, OR (v) ANY OTHER MATTER WITH RESPECT TO THE ITEMS PURCHASED FROM DURAN AUCTIONS. BUYERS SHALL RELY SOLELY ON BUYERS’ OWN INVESTIGATION OF THE ITEMS PURCHASED FROM DURAN AUCTIONS AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY DURAN AUCTIONS OR ITS AGENTS, EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. DURAN AUCTIONS SHALL NOT BE LIABLE IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE ITEMS PURCHASED FROM DURAN AUCTIONS FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF DURAN AUCTIONS.

(d) Every item offered for sale at Duran Auctions is available for buyer inspection prior to the auction. BUYERS ARE STRONGLY ENCOURAGED TO MAKE AN INDEPENDENT EVALUATION OF ALL ITEMS OF INTEREST PRIOR TO AUCTION.

(e) All representations as to condition of items are subjective and buyers must rely on their own inspection to determine condition or fault. Duran Auctions condition reports are to aid buyer and are not exhaustive or definitive. bidders should note that item may have faults that are not expressly referred to in the catalog or condition report. Items used in photographs for display and/or containing items such as crates, totes, step blocks, back drops, etc. are not included in the sale of the item unless specifically listed in the description. Item photographs and/or illustrations may be representative only and may not accurately represent the item being offered for sale, including, without limitation, color, texture, and size. Sizes and dimensions are approximate. Furthermore, the materials appearing on Duran Auctions website could include technical, typographical, or photographic errors. Duran Auctions does not warrant that any of the materials on its website are accurate, complete or current. Duran Auctions may make changes to the materials contained on its website at any time without notice. However, Duran Auctions does not make any commitment to update the materials. ACCORDINGLY, BUYER’S INSPECTION OF THE ITEM OFFERED FOR SALE PRIOR TO AUCTION IS HIGHLY RECOMMENDED.

(f) Information provided to prospective buyers in respect of any item, including any pre-sale estimate, whether written or oral, and information contained in any catalog, condition or other report, commentary or valuation, may not be taken as of fact but are a statement of opinion held by Duran Auctions. Any pre-sale estimate may not be relied on as a prediction of the selling price or value of the item and are subject to revision by Duran Auctions, in our absolute discretion, when we deem doing same appropriate. Duran Auctions, its affiliates or agents assume no liability for any difference between the pre-sale estimates for any item and the actual price achieved at auction or other sale.

2. BIDDING PROCEDURE

(a) Duran Auctions reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. Duran Auctions reserves the right to cancel, suspend, extend or reschedule an individual item and/or auction event or to make changes to the auction closing times, inspections or removal times.

(b) Duran Auctions retains the right to determine a buyer’s eligibility to participate in any sale. All potential bidders must complete all forms and information requests required by Duran Auctions to qualify.

(c) Bidders not are unable to personally attend any auction may submit written bids to be entered by Duran Auctions on their behalf. All such bids must be submitted on the approved bid form in U.S. Currency and are subject to all, taxes, commissions and other normal and customary fees and charges.

(d) All telephone bidders are required to submit telephone bid application form. Duran Auctions accepts Telephone bidding on all items. A telephone Bidder consents to all telephone bidding being recorded and such recording being recognized as the legal equivalent of a written bid and if the winning bid a valid purchase contract.

(e) Online bidding is available through Duran Auctions online live bidding platform on our website at www.duran.art. Online bidders must register online before the start of the auction and be deemed qualified. A bidder submits a bid by clicking the bid button on the computer screen, all bids submitted are final and may not be canceled. Please be aware items being auctioned by or through Duran Auctions are also being auctioned through different auction platforms at the same time. Accordingly, please note, no online bids are displayed on the online bidder’s computer screen as “floor bid”, “phone bid” or “paddle bids” but will be displayed as “competing bid” during the auction. In the unlikely event that there is more than one winning bidder at the end of an auction as a result of an item being auctioned on different auction platforms, the bidder with the highest bid amount will be the winning bidder and if the bid amounts are the same, then the first bidder to bid the winning bid amount will be the winning bidder. Duran Auctions reserves the right, in Duran Auctions’ sole and absolute discretion, to determine the winning bidder. Duran Auctions is not responsible for internet nor platform outages during an online auction. In the event of a platform outage at the close of an auction, Duran Auctions reserves the right to no-sell the item and offer the item for resale at a later date.

(f) All winning bidders, regardless of bidding method, are responsible for the full payment of the purchase price and all applicable fees, commissions, taxes and other customary charges.

(g) All credit card payments are subject to a 3.5% service fee.

3. CONDUCT OF THE AUCTION

(a) The winning bidder will be announced by auctioneer striking the hammer, thereupon the winning bidder is responsible for payment of the bid including, taxes, commissions and other customary fees. The Risk and responsibility for the item passes to the buyer at the earlier of pick up or 5 days after sale.

(b) Some items presented may have a reserve price, the auctioneer may personally bid or may accept bids made by a company affiliated with Duran Auctions to protect the reserve price.

4. PAYMENT AND PICK UP

(a) The buyer agrees to pay Duran Auctions, in addition to final auction knock down price of the item, a buyer’s premium and any applicable sales tax. The cumulative buyer’s premium is 30% up $125,000.00, 24% from $125,001.00 to $250,000.00, 18% from $250,001 to $1,000,000.00 and 15 % from $1,000,001 and above. Unless the buyer has a valid US resale tax certificate all applicable taxes are payable by buyer.

(b) Payment is due immediately following the auction in US funds by cash (under $10,000.00), check drawn on a US bank or wire transfer. (A $35.00 fee shall be added to all payment via wire transfer.) Checks are to be made payable to Duran Auctions; please indicate sale date and item number with payment. A $35.00 fee will be added to all payment via wire transfer. For payment questions, contact info@duran.art or 561-319-3481.

(c) New Bidder Payment Policy: For new bidders, invoices totaling $5,000 or more must be paid by wire transfer or cashier?s check. Other forms of payment will not be accepted for these transactions

(d) Payment by wire transfer may be sent directly to Duran Auctions. Contact us directly to receive and confirm details at info@duran.art, 561-319-3481.

(e) Title in a purchased item does not pass until Duran Auctions has received cleared funds. No item will be released without cleared funds and proper identification.

(f) Upon receipt of cleared funds Duran Auctions will release the item to buyer. All items are to be collected from Duran Auctions during regular business hours at the pickup location designated by Duran Auctions (3460 Fairlaine Farms Rd. #3 Wellington, FL 33414). At the earlier of buyer pick up or 5 days after sale the risk of loss passes to the buyer. For pickup questions, contact info@duran.art or 561-319-3481.

(g) Duran Auctions provides a 15 day pick up window for buyer, unless special arrangements are made buyer will be charged a reasonable storage fee after such 15 days. All items left in excess of 60 days shall be considered abandoned, and become the property of Duran Auctions, with no refund or other obligation to the buyer.

5. PRIVACY POLICY

(a) Please see Duran Auctions privacy information at www.duran.art. For questions, contact info@duran.art or 561-319-3481.

6. LIMITATION OF LIABILITY

(a) Duran Auctions, our affiliated companies and the seller’s sole liability in any action regarding the sale to the buyer shall be limited to the Purchase Price paid by the buyer for the Item.

(b) Neither Duran Auctions nor any of our affiliated companies or the seller (i) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective buyers by Duran Auctions or any of our affiliated companies or (ii) accepts responsibility to any bidder in respect of acts or omissions, whether negligent or otherwise, by Duran Auctions or any of our affiliated companies in connection with the conduct of the auction or for any other matter relating to the sale of any item.

(c) All warranties whether express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by Duran Auctions our affiliated companies and the seller to the fullest extent permitted by law.

(d) Neither Duran Auctions nor any of our affiliated companies or the seller shall be liable to the buyer for any loss or damage beyond the refund of the Purchase Price, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law.

7. COPYRIGHT

(a) Duran Auctions retains the copyright to all images, illustrations and written materials produced by or for Duran Auctions relating to an item, including the contents of any catalog. Such images and materials may not be used by the buyer or any other party without our prior written consent. Duran Auctions and the seller make no representations that the buyer of an item will acquire any copyright or other reproduction rights in it.

8. ENTIRE AGREEMENT

(a) These Terms and Conditions, subject to amendment or modification as provided in Paragraph 1 above, set out the entire agreement between the parties with respect to the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements.

(b) All notices to Duran Auctions shall be in writing and specify the auction date and item number. Notices may be sent to info@duran.art or mailed to 3460 Fairlane Farms Rd. #3, Wellington, FL 33414. For questions, call 561-319-3481. All notices to buyer will be to address provided by buyer.

(c) The buyer’s successors, assigns and representatives are subject to these terms and conditions to the same extent as the original buyer.

(d) Should any provision of these Terms and Conditions are held to be void, invalid or unenforceable by any court, the remaining provisions shall remain in full force and effect. No failure by Duran Auctions to exercise, nor any delay in exercising, any right or remedy under these Terms and conditions shall waive or release any part of same.

9. GOVERNING LAW, JURISDICTION AND VENUE

(a) The rights and obligations of the parties with respect to these Terms and Conditions, the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with laws of the State of Florida, excluding its conflicts of law statutes.

(b) Duran Auctions, and all bidders and all sellers agree to the exclusive jurisdiction of the (i) state courts of the State of Florida located in Palm Beach County, Florida and (ii) the federal courts for the Southern District of Florida to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms and Conditions relate to or apply.

(c) All bidders and sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by Florida law or the law of the place of service, at the last address of the bidder or seller known to Duran Auctions.

(d) The prevailing party in any dispute, controversy, action, proceeding or matter in connection with, arising from or in any related to these terms and conditions, the purchase and sale of an item by or though Duran Auctions, or any transaction by and between a buyer and Duran Auctions shall be entitled to recover reasonable attorney’s fees, costs, and expenses incurred with respect to such dispute, controversy, action, proceeding or matter and in any appellate proceedings relating thereto.

10. SALES TAX

(a) Unless the buyer has delivered a valid certificate evidencing exemption from tax, the buyer shall pay applicable sales tax on any item picked up or delivered anywhere in the United States where State law requires same.

(b) If the point of delivery or transfer of possession for any purchased item to the buyer or the buyer’s designee occurs in Florida, then the sale is subject to Florida sales tax at the current rate of 6.5%, items over $5,000 will be charged 6% plus which sales tax rate is subject to change from time to time under Florida law.