1. PAYMENT: A 23% buyer's premium is charged on all items for online Bidders above the auction sale price. Payment is due within 48 hours of the date of sale or the sale will be considered void. Cash, debit, Visa, MasterCard, or Discover credit cards accepted; WIRE TRANSFER MAY BE REQUIRED AT THE SOLE DISCRETION OF WILTON GALLERY (“WGâ€) and a $15.00 wire transfer fee will be charged to winning bidder. Checks are NOT accepted.
2. SHIPPING: Pickup must be made within 10 days from the date of the auction; Buyer is responsible for all packing, shipping and insurance expenses. Storage fees of $5 per item per day may be applied for items not picked up in this time frame.
3. Each lot will be sold AS IS, WHERE IS with all defects and faults, and neither WG nor the Seller makes any guaranties, warranties or representations of any kind, express or implied, with regard to the description, genuineness, provenance, importance, condition, authenticity, authorship, signatures, marks, medium, material, attribution, period, culture, quality, source, fitness, value, size, rarity, merchantability or suitability of any property offered for sale. WG is not responsible for any errors or omissions. All measurements are approximate. Online, verbal, and catalog descriptions or condition reports provided by WG are rendered solely as an opinion and a convenience. The Bidder relies solely on his or her own information, knowledge, judgment and inspection when making a decision to bid, and if they have any doubts about the authenticity, provenance, or condition of an item they should not bid. The absence of any reference to the condition of any lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging, or whether an item has been repaired or restored.
4. If within 7 days of the sale of any lot, the winning Bidder of any painting, watercolor, lithograph, drawing, or lot of silver gives notice in writing to WG that the lot so sold is a counterfeit and, if within 7 days after such notice the Bidder returns the lot to WG in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalog or WG's comments at the time of sale, WG may, as agent for the Consignor, at its sole discretion rescind the sale and refund the purchase price.
5. The Bidder agrees that he shall have no remedy other than rescission of the sale and the refund of the original purchase price paid plus the buyer's premium. WG will not be responsible for shipping, handling or other fees. No rescission and refund will be made unless the item is returned to WG in the same condition as at the time of sale. The remedy of rescission and refund is exclusive, and the Bidder waives any other remedy which may be otherwise available in law or equity. WG shall not be liable for any special, consequential, or incidental damages incurred or claimed including, without limitation, loss of profits or for interest, or for loss of use of funds.
6. Florida sales taxes will be charged on all items picked up locally or shipped to a Florida address, including sales tax on the buyer's premium, unless the Bidder presents a current Florida Annual Resale Certificate for Sales Tax form at the time of purchase. If shipped, Buyer is responsible for satisfying any sales tax requirements or other taxes or fees that may be imposed by their state or jurisdiction..
7. Any Lot not removed within 30 days of the auction will be DEEMED ABANDONED and at WG's sole discretion may be disposed of in the trash, donated to a charitable organization of WG's choice, or resold for WGs account.
8. This Agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between the Bidder, Seller, and/or WG will be in Broward County, Florida. 15. ARBITRATION: Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with WG or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorneys’ fees.
9. If any part of the Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent of the law.
AU1243 and AB2785
