Collectors Exchange Fine Art Auction

COLLECTORS EXCHANGE FINE ART AUCTION - TERMS AND CONDITIONS:

The James Cox Gallery (JCG) at Woodstock is not acting as an agent for the bidder or buyer. The JCG has taken care to describe and depict all items fairly and accurately but takes NO responsibility regarding authenticity, condition, or description.

All property and every lot for sale in our catalog is subject to the following Terms and Conditions, along with any changes that may be published or announced prior to or during a sale by The James Cox Gallery at Woodstock. All lots may be examined prior to sale at the times and place listed in our promotional advertising. Lot descriptions and images may be altered at any time without notice.

By registering to bid at auction, in person, or through an agent, by absentee bid, or telephone or any other means including the Internet and e-mail, the buyer agrees to be bound by these Conditions of Sale (and changes made as noted below).

TERMS AND CONDITIONS OF SALE:

BEFORE THE SALE:
1. DESCRIPTION OF LOTS:
- Our description of any lot in the catalog, any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions, or provenance are our opinion and are not to be relied upon as a statement of fact.
- All dimensions and weights are approximate only.
2. CONDITION
- ALL LOTS ARE SOLD ?AS IS?.
- The condition of lots sold in our auctions can vary widely due to factors such as age, prior damage, restoration, repair, and general wear and tear. Because of their nature, items will rarely be in perfect condition.
- Any reference to condition in a catalog entry or in a condition report will not amount to a full description of condition, and images may not show a lot clearly.
- Condition reports are offered as a courtesy and are typically published online or can be made available upon request. The absence of a condition report does not imply that an item is free from defects or restoration, nor does reference to particular defects imply the absence of others.
- For that reason condition reports are not an alternative to examining a lot in person or seeking your own professional advice.
3. CATALOG IMAGES
- Our catalog images are taken under professional studio lighting to evenly illuminate the surface of the work and capture as much detail as possible.
- Please note that artwork can appear different in person than it does in photographs. Lighting conditions, camera settings, and individual screen displays can all affect how colors, tones, and textures are perceived.
- Minor edits may be made to our images, including cropping and light adjustments. These edits are performed at our discretion and are intended only to present the artwork as accurately as possible.
4. VIEWING LOTS PRE-AUCTION
- If you are planning to bid on a lot, we highly recommend you inspect it personally or through a knowledgeable representative before you make a bid to make sure that you accept the description and its condition.
- All lots may be examined prior to sale at the times and place listed in our promotional advertising. We recommend that you call the gallery ahead of time, to ensure that someone is there.
5. ESTIMATES
- Estimates are based on the condition, rarity, quality and provenance of the lots and on prices recently paid at auction for similar property.
Estimates do not include the buyer?s premium or any applicable taxes.
6. WITHDRAWAL OF A LOT
- JCG may, at its option, withdraw any lot from auction at any time prior to or during the sale of the lot. JCG has no liability to you for any decision to withdraw.

REGISTERING TO BID
- Bidders MUST register IN ADVANCE to bid at auction.
- We may require credit card information and/or bank references for registration.
- By bidding at the auction, a buyer assumes responsibility to pay the purchase price plus the buyer's premium, sales tax, and any additional charges that become due and payable in connection with the purchase - i.e. credit card fees, delivery, packing & shipping, or storage of property.
- The auctioneer reserves the right to refuse to register any prospective bidder for any reason.
- Online bidders must register with online services LiveAuctioneers or Invaluable before bidding. Proper identification will be required.
- ABSENTEE BIDS: Phone Bids and Order Bids must be submitted to the auctioneer at least 24 hours prior to the sale.
- We will accept bids by telephone for lots only if our staff are available to take the bids.
- JCG does not accept any responsibility to an order bidder, nor any liability whatsoever for a failure to execute the order bid for any reason. In the event that identical multiple order bids are the highest bids received for the same lot then the earliest received of the competing absentee bids shall prevail at that bid amount.
- In regard to order bidders, JCG will take reasonable steps to carry out bids at the lowest possible price, taking into account any reserves.

CONDUCTING THE SALE
1. AUCTIONEER?s DISCRETION
- The JCG has the right, in their absolute discretion, to determine the conduct of the sale as they see fit.
- The gallery reserves the right to: advance the bidding, to reject bids, to combine lots, to split lots, reopen or continue the bidding even after the hammer has fallen, cancel the sale of the lot, reoffer and resell any lot, and to withdraw lots before the actual sale.
- Auctions can be fast paced and there are many moving parts. Many times, snap decisions are made, and mistakes can be made easily with an errant click or with a misspeak.
- We understand from experience that losing a lot because of a clerical error can be difficult. That is why we work hard to avoid mistakes while maintaining a fast-paced, exciting atmosphere.
- All property is sold AS-IS. All sales are final. No returns are accepted.
- Descriptions of size, condition, subjects, dates, etc. are made to the best of our knowledge but are opinions only.
- Images are provided online. Prospective buyers should be aware that these images cannot possibly provide all visual and physical information needed for informed decisions. Bidders are encouraged to examine the property in this sale in person on which they intend to bid, prior to the auction.
- RESERVES: Reserves are in some cases set by sellers as a confidential minimum that must be met before an actual sale is consummated. JCG may protect the reserve by an initial bid or continued bidding on behalf of the consignor. Neither the consignor nor an agent or representative of the consignor is allowed to bid on their own property.
- 98% of our auction items have no reserves.
- Note: Any lot with a reserve will be noted with ?RESERVE?.
- Pre-sale estimates are intended to be rough guides of value and do not necessarily reflect actual value or hammer price. All values are in US dollars.
2. BIDDING:
- The auctioneer accepts bids from: telephone bidders, order bidders, and internet bidders through LiveAuctioneers and Invaluable.
- The highest bidder acknowledged by the auctioneer shall be the buyer.
- In case of a dispute, the auctioneer shall determine the buyer or re-open the bidding process to settle the dispute.
- Bidding will begin at one half the low estimate on each lot. Bidding increments for this sale are posted at LiveAuctioneers, Invaluable or on our website. The auctioneer at their discretion may lower the starting bid.
- Successful Bids
- We will issue an invoice only to the registered bidder who made the successful bid. While we send out invoices by LiveAuctioneers, Invaluable or email after the auction, we do not accept responsibility for telling you whether or not your bid was successful.

THE BUYER?S PREMIUM AND TAXES
1. BUYER PREMIUMS: All bidders are subject to a 25% buyer?s premium which will be added to the hammer price for each lot sold.
2. SALES TAX: All sales are subject to sales tax except where/when exempt by law. Proper documentation must be on file before this tax may be waived.
- Ulster County, New York sales tax is 8%
- International buyers assume responsibility for any additional taxes or fees associated with shipment destinations.
- If your invoice from LiveAuctioneers or Invaluable has tax on it, you must pay the tax. If you have a tax exemption or a resale certificate, you must upload it to your LiveAuctioneers/Invaluable profile.
- We are unable to remove sales tax from your LiveAuctioneers and Invaluable invoice if you have not uploaded your resale certificate.
- If you are bidding by phone or order bid, please let JCG know and we will note it on your form.
- It is the buyer?s responsibility to pay the purchase price plus the buyer's premium, sales tax, and any additional charges that become due and payable in connection with the purchase - i.e. credit card fees, delivery, packing & shipping, or storage of property.
- Please note: buyer is responsible for an additional processing fee (s) on LiveAuctioneers and Invaluable.

POST AUCTION:
1. PAYMENT
- ALL SALES MUST BE PAID FOR WITHIN FIVE BUSINESS DAYS OF THE SALE OR THE SELLER MAY VOID THE SALE
- Please do not make full payment until you have received an official invoice from the James Cox Gallery. Invoices will come from LiveAuctioneers, Invaluable, or via email for Phone and Order bidders.
- Acceptable forms of payment include MasterCard and Visa, PayPal sent to pay@jamescoxgallery.com, cash, money order, or check. We do not accept American Express.
- LiveAuctioneers AutoPay and Invaluable WePay:
- Both LiveAuctioneers and Invaluable provide their own payment systems to process payments: AutoPay for LiveAuctioneers, and WePay for Invaluable.
- Note: If you have not contacted James Cox Gallery to arrange payment within 3 days of the time that invoice is sent, LiveAuctioneers will charge the credit card you used to register for the auction for the amount of your invoice.
- Please Note: Any invoice over $15,000 must be paid by wire transfer, money order, cash, or check.
2. TAKING POSSESSION OF PROPERTY
- Once property is sold and paid for, the buyer assumes all risk of loss or damage to the property. The buyer assumes responsibility for all costs and expenses related to the sale. Ownership passes to the buyer when full payment is received.
- The James Cox Gallery will hold purchased lots for no more than fifteen days waiting for payment, pick-up, or shipping instructions. Beginning on the sixteenth day a storage fee of five dollars per item per day will be charged and added to the client?s invoice. After 30 days, a charge of $10 per day per item will be levied.
- Four options for taking possession of property:
- Pick Up In Person
- Authorize Someone To Pick Up Merchandise For You (YOU MUST TELL US WHO YOU AUTHORIZE)
- Hire a Shipper
- In-House Shipping (Size and Weight limits apply)
3. SHIPPING: Shipping, packing, and insurance are frequently outsourced and are services provided at the buyer's expense and paid directly to the shipper. Buyers may contract with their own shippers however they must complete auction payment to the James Cox Gallery in full before items are released to shippers.
- The James Cox Gallery will not obtain multiple quotes or negotiate between shippers on the buyer's behalf.
- Once a winning bidder has paid he/she/they must make shipping arrangements or contact one of the preferred shippers directly.
- RECOMMENDED SHIPPERS
- The UPS STORE
- 230 Kings Mall Ct., Kingston, NY 12401
- Phone: 845-336-4877
- Fax: 845-336-3832
- Email: store4541@theupsstore.com
- If you choose the UPS Store for shipping, a store representative will come to pick up your item(s). Typically, pickups occur when there is a large volume of artwork to be collected. However, in some cases, it still may take up to two weeks for UPS to collect your item(s).
- Note: Once UPS has picked up your shipment, we will send you an email confirmation to let you know they are in possession of your item(s).
- IT?S A WRAP
- Contact: Karen
- 107 Tinker St # 1A, Woodstock, NY 12498
- Phone: 845-679-0273
- This shipper asks for business or personal checks by mail. Will quote costs prior to shipping. No credit cards, please.
- If you choose It?s A Wrap for shipping, please inform someone at the gallery. We will personally deliver your item(s) to Karen at It?s A Wrap and will send you an email confirmation once the delivery has been made.
- In-House Shipping
- We offer in-house shipping for small and/or unframed two-dimensional artwork.
- Pricing starts at $25 for a single unframed piece, with an additional $5 per extra piece (e.g., 3 pieces = $35; 5 pieces = $45, etc.). Please note that $25 is the minimum packing fee, and final costs may vary depending on insurance and destination.
- For shipping:
- Domestic shipments are sent via UPS.
- International shipments are sent via USPS, unless otherwise requested by the buyer.
- We accept Visa, MasterCard, and PayPal for payment.
- All packages are insured for the total amount on the invoice, unless the buyer specifies otherwise.
- We will use the shipping address provided on your invoice, if any corrections or changes are needed, please inform us as soon as possible.
- Once we have received payment for packing, we will notify you when your items have been shipped and provide a tracking number.
- In-house shipping is a courtesy service, and we kindly ask for your patience as we process your shipment.
- Please note: The person we use for in-house shipping comes about once a week. If you need your items shipped quickly please let us know.
- LiveAuctioneers LiveShipping
- LiveAuctioneers and their shipping partners offer convenient shipping worldwide. The estimated shipping cost is based on the zip code you provided, the estimated size and weight of the item, and the designated shipping vendor. The cost includes item packing, shipping, delivery, and insurance.
- Your actual shipping cost is subject to change based on the final price and insurance value of your item. If you do not see an estimated shipping cost in your invoice or on the item page and would like to request a free quote, please contact us at 929.314.5566 or packaging@liveauctioneers.com.
- Shipping fees for all lots won in this auction will be included on your invoice for applicable orders. This fee can be accepted upon checkout, or alternatively, you can opt for Self-Arranged Shipping or Pickup. If you choose to ship via LiveAuctioneers shipping partner, you will receive tracking notifications as your package moves through our network.
- The buyer is responsible for all shipping charges. Live Auctioneers will now reach out to you with a shipping charge. If you do not wish to accept this quote, please select BUYER ARRANGE SHIPPING. Often it is more economical and efficient to ship locally.
4. Please note: Item(s) not claimed after sixty (60) days, will be donated to charity.

NOTE: WE ARE PLEASED TO ANSWER QUESTIONS ABOUT ANY LOT OR AUCTION PROCEDURE. IT IS BEST TO CONTACT US 48 HOURS OR MORE BEFORE THE SALE. Call us at 845-679-7608 or email us at info@jamescoxgallery.com.