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Conditions of SaleThese Conditions of Sale and the Notices and Explanation of Cataloguing Practices contain all of the terms on which Kamelot and the seller contract with the buyer. They may be amended by posted notices or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms. |
1. BEFORE THE SALE
Except as stated in the Limited Warranty in paragraph 5 below, all property is sold "as is" without any representation or warranty of any kind by Kamelot or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
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2. DURING THE SALE
All unreserved bidding starts at 50% of the low estimate unless there are two or more competing absentee bids at a price higher than that. (For example, a lot estimated at $1,000 - $1,500, with no reserve, will normally open at $500. If there are two absentee bids for $600 and $800, the lot must sell for $650, even if there is no further bidding from the phone, internet or from the live audience.
Please check and comply with these increments. In case of failure to comply, we will reduce each off-increment bid to the next lower figure. "Plus" bids: Because of our structured bidding increments, it is more likely that several people will leave identical bids. Since an earlier bid left with the auction house wins in the event of a tie, a later bid with an added "plus" bid to the next increment would win the piece. (NOTE: Absentee bids left on Live Auctioneers are sent to the auction house during the actual sale. There is no time advantage to leaving bids in this fashion.) (b) Phone bids Kamelot requires all phone bids be submitted no later than 7:00pm on the business day prior to the auction. If you fax your phone bids, please call to confirm receipt. One of the reasons people bid by phone is to monitor how much they are spending. However, if you bid by phone, you must be willing to bid to the low estimate should the bidding go that far. There is no exception to this rule. All requests for overseas telephone lines must be accompanied by absentee bids, which will be executed on the buyer’s behalf, should there be a problem executing the telephone bid. (c) Internet bids Kamelot Auctions is able to provide online bidding via kamelotauctions.com or Live Auctioneers. However, the user of these sites indemnifies and holds Kamelot Auctions and its consignors harmless against any claim arising out of or resulting from your use of any or all of these sites, including all losses, damages, liabilities, and all fees (including attorney’s fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Kamelot Auctions and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, these sites. |
3. AFTER THE SALE
(a) Sales results
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4. EXTENT OF KAMELOT’S LIABILITY
We agree to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 5 below. Apart from that, neither the seller nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated in paragraph 5 below, neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
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5. LIMITED WARRANTY
Subject to the terms and conditions of this paragraph Kamelot warrants for
a period of 30 days from the date of the sale that any artwork described in
this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. Within those 30 days, Kamelot will allow the buyer to submit, at his own expense, an opinion in writing from a recognized expert, approved by Kamelot and the purchaser, regarding authenticity. Such inspection must be performed in person and not be based on photographs, facsimile, email or a verbal description. In the event the work is judged inauthentic by the expert, the work may be returned in the same condition as at time of sale and the buyer's full purchase price will be refunded. Refunds shall not include costs of transportation, insurance or other expenses that may have been incurred by the buyer. It is the buyer's responsibility to make payment in a timely fashion such that the property can be released and inspected within this 30 day time frame. Should the buyer not do so, or should the buyer request Kamelot to delay shipment, should he give an incorrect shipping address, or be unavailable to receive shipment, the 30 day warranty shall still apply.
The term "author" or "authorship" refers to the creator of the property or to the period, culture,
source or origin, as the case may be, with which the creation of such property
is identified in the description of the property in this catalogue. Kamelot's
warranty does not apply to supplemental material, which appears below the
heading of each lot, and Kamelot is not responsible for any errors or
omissions in such material. The terms used in the headings are further
explained in Notices and Explanation of Cataloguing Practice. The warranty
does not apply to any heading that is stated to represent a qualified opinion.
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6. COPYRIGHT
The copyright in all images, illustrations and written material produced by or for Kamelot relating to a lot including the contents of this catalogue, is and shall remain at all times the property of Kamelot and shall not be used by the buyer, nor by anyone else, without our prior written consent. Kamelot and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
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7. SEVERABILITY
If any part of these 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 permitted by law.
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8. LAW AND JURISDICTION
The rights and obligation of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Kamelot, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state.
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Notices and Explanation of Cataloguing Practices
Artwork is subject to the guarantees and conditions contained in this catalog.
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