Fine Arts, Antiques & Contemporary Art III

1.Sale Terms and Item Condition
All Sold "As Is" No Guarantees or Returns
All items are sold strictly "as is, where is", without any warranties or guarantees, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, condition, quality, rarity, provenance, authenticity, or historical significance.
Catalog descriptions, images, and any other information provided (whether in print, online, or verbally) reflect the opinion of the auction house and are not to be relied upon as definitive statements of fact. This includes artist attribution, date of creation, medium, materials, and any other descriptive element. Ashford Gallery Inc. makes no representations or guarantees regarding authorship, authenticity, origin, period, or provenance.
Prospective bidders are strongly encouraged to conduct their own inspections or arrange independent expert evaluations prior to bidding. Failure to inspect an item shall not be grounds for cancellation, refund, return, or reduction in purchase price.
By placing a bid, the bidder accepts full responsibility for examining and evaluating the item and waives any claim against Ashford Gallery Inc. or the consignor related to the condition, description, or authenticity of the item.
All sales are final. No refunds, exchanges, or returns will be accepted for any reason once the auction is concluded.
No statement made by the auctioneer, staff member, or representative of Ashford Gallery Inc., whether oral or written, shall be deemed a warranty, representation, or assumption of liability. Ashford Gallery Inc. and its consignors shall not be held liable for errors or omissions in descriptions or for any discrepancies between the description and the actual item.
Bidders who require absolute certainty in any aspect of an item's characteristics are advised not to bid.


2.Auction Bidding Procedure
The bidding will commence at a price determined at the discretion of the auctioneer. The auctioneer retains the right to withdraw any lot from the auction at their discretion and for any reason. No bid below half (1/2) of the low estimate will be accepted, whether from phone bidders, absentee bidders, internet bidders, or in-person bids, unless explicitly authorized by the auctioneer. All lots featured in this catalog are offered with a reserve, which represents the confidential minimum hammer price at which a lot will be sold. The auctioneer may bid on behalf of the consignor in order to reach the reserve, whether by initiating or continuing bidding in response to other offers. Should the reserve not be met, the auctioneer is entitled to withdraw the lot from the auction.

3.Final Sale Agreement
Once an item is declared "sold" by the auctioneer, the bidding for that lot is officially closed and cannot be reopened under any circumstances. It is the bidder's responsibility to ensure their bid is acknowledged by the auctioneer prior to the declaration of "sold." Upon this declaration, ownership of the item transfers to the successful bidder.
We reserve the right to reject any bid deemed inappropriate or to withdraw any item from the auction if no acceptable bids are received. Withdrawn items will only be reoffered at the sole discretion of the auctioneer.

4.Phone and Absentee Bidding
All phone and absentee bids are handled with the utmost confidentiality and must be submitted at least 24 hours before the auction. No phone bids will be accepted on the day of the auction. By placing an absentee or phone bid, the bidder agrees to open bidding at half (1/2) of the printed low estimate and grants the auctioneer the authority to initiate bidding at that level. The minimum amount for phone bids is $500. The auction house reserves the right to withdraw any item for any reason or cancel any sale in the event of an error or dispute. While we make every effort to honor all phone and absentee bids, we are not liable for any losses due to failures in executing these bids. Submitting phone or absentee bids does not imply credit extension. A $1,000 deposit is required for new bidders.

5.Shipping and Insurance
Items will generally be shipped within one to two weeks after payment is received, though larger packages or international deliveries may require additional time. The bidder (buyer) is responsible for the freight costs at the time of bidding. The shipping cost for each lot will be confirmed by the bidder prior to the actual shipment through a third-party service. The bidder is also advised to select an appropriate insurance coverage to protect against potential loss or damage during transit. Please note, the service fee is separate from the lot's transaction price and must be paid by the bidder directly.
INTERNATIONAL BIDDERS ARE RESPONSIBLE FOR COMPLYING WITH CUSTOMS AND IMPORT/EXPORT REGULATIONS. WHILE WE CAN OFFER ASSISTANCE, WE CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS.

6.Sales Tax
All purchases are subject to applicable sales tax unless a fully completed Resale Certificate tax form is submitted prior to the time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for any tariffs, taxes, or assessments applied to shipped items in their respective countries. Items shipped out of state may not be subject to sales tax.

7.Breach of Terms
By placing a bid on an item, the bidder acknowledges and accepts these Terms of Sale. If a purchaser violates any of these Terms, including the obligation to pay for purchased items, the auction house reserves the right to pursue legal remedies, including canceling the sale and reoffering the property without reserve.

8.Buyer's Premium
A buyer's premium will be added to the final hammer price of all items. For lots up to $200,000, the buyer's premium is 26% of the hammer price. For lots between $20,000 and $500,000, the buyer's premium is 20%. For lots exceeding $500,000, the buyer's premium is 18%. For phone bids, for lots up to $200,000, the buyer's premium is 22% of the hammer price. For lots between $20,000 and $500,000, the buyer's premium is 16%. For lots exceeding $500,000, the buyer's premium is 14%.

9.Storage Fees
Any items not collected within three months will incur a storage fee of $6.00 per day, per item.

10.Copyright Notice
All photos and descriptions posted on any online platform are the property of the auction house and are protected by U.S. copyright laws. No photo or description may be used without prior written consent from an authorized agent of the auction house. Unauthorized use of these materials may result in legal penalties.

11.Legal Compliance
In the event that any court refuses to enforce any of the terms outlined in these Terms and Conditions, those unenforceable terms shall be considered null and void for the purpose of the specific judicial proceedings, but the remaining terms shall continue to be enforced.

12.Amendment Policy
These Terms and Conditions shall be binding upon and benefit Ashford Gallery Inc, its successors, and/or assigns. They may only be amended, modified, or terminated through a written agreement executed by authorized representatives of Ashford Gallery Inc

13.Dispute Resolution
All disputes or claims arising from or related to events and actions covered by these Terms, whether brought by or against Ashford Gallery Inc, will be resolved through mediation or binding arbitration in accordance with the procedures outlined below. This provision does not apply to claims made directly by the Buyer against the Consignor, including, but not limited to, any claims initiated under the rescission provisions mentioned previously.You and Ashford Gallery Inc agree that any disputes, claims, or controversies arising from or related to these Terms, or their breach, termination, enforcement, interpretation, or validity, as well as the use of the Site or Services (collectively referred to as "Disputes"), will be settled through binding arbitration. However, each party retains the right to file an individual action in small claims court and the right to seek injunctive or other equitable relief in a competent court to prevent any actual or threatened infringement, misappropriation, or violation of intellectual property rights, including copyrights, trademarks, trade secrets, and patents. Both parties acknowledge that they are waiving their right to a jury trial or to participate as a plaintiff or class member in any class action or representative lawsuit.

14.Payment Terms
The invoice will include the hammer price, along with any additional charges such as the buyer's premium, taxes, shipping fees, and any other applicable costs. All payments must be made in US dollars, and the Buyer may only collect purchased lots once full payment has been received. If payment is made by check or draft, lots will only be released once the bank clears the payment. If you have a card on file with LiveAuctioneers, it will be automatically charged 72 hours after you receive your invoice.
We accept payments via wire transfer, checks, and credit cards. A 3.5% transaction fee will be applied to credit card payments. The Buyer is responsible for any transaction fees, and a $50 fee will be charged for returned checks. If a bidder refuses to settle their invoice after a successful bid, liquidated damages of 30% of the hammer price will be imposed on the Buyer. If payment is not received within 15 days, Ashford Gallery Inc reserves the right to dispute the unpaid lot and cancel the transaction.
For invoices exceeding $5,000, payment must be made via bank transfer (ACH) or check to ensure secure processing. This policy is designed to protect financial transactions and reduce the risk of fraud or unauthorized activities. Payments must be completed within 7 days. If payment is not made within the specified period, we reserve the right to cancel your purchase and take appropriate action.