Folk Art, Unusual Antiques, and Outsider Art

Artisans' Terms and Conditions of Sale The property offered and sold through Artisans public auctions shall be offered and sold pursuant to the terms and conditions set forth below. This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By bidding at the auction, the buyer of the Property agrees to be bound by this Agreement. PROPERTY SOLD AS IS. All Property is sold as is, where is, with all faults. Neither Artisans nor any consignor makes any guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalogue or any other description of the Property. In no event shall Artisans or the consignor be responsible for the correctness, nor be deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation. Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is sometimes the proof that an item is an antique. If a description has been provided it is done as a courtesy. If you need to know more, including any fine points of condition, please call or email for a condition report. It is the Buyer's responsibility to request condition reports. Failure to request a condition report waives the Buyer's rights to rescind a sale based on the condition of an item. WITHDRAWAL OF PROPERTY. Artisans reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute. COPYRIGHT AND REPRODUCTION RIGHTS. Artisans and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. Artisans expressly reserves the right to reproduce any image of the Property sold in the catalogue. The copyright in all images, illustrations and written material produced by or for Artisans relating to Property, including the contents of the catalogue, is, and shall remain at all times, the property of Artisans and shall not be used by the Buyer, nor by anyone else, without Artisans prior written consent. EXAMINATION OF PROPERTY. All Property is available for examination prior to bidding. The Buyers bidding signifies that the Buyer has examined the Property as fully as desired or has chosen not to examine the Property. Artisans recommends that prospective bidders examine all items in which they have an interest prior to bidding. BIDDING. RESERVES . Some of the Property in the sale is offered subject to a reserve. The reserve is a confidential minimum price agreed upon by the consignor and/or Artisans below which the lot will not be sold. In most cases, the reserve will be set below the estimated range. Bidding will begin at a price appropriate in the auctioneers discretion. The auctioneer always reserves the right to withdraw Property for any reason he deems appropriate. HIGHEST BIDDER. The highest bidder as determined by the auctioneer shall be the Buyer. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or reoffer the Property for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. At such time as the auctioneer has declared Property sold to a given Buyer, said Buyer thereupon assumes full risk and responsibility for the Property, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyers Premium, therefore or such part, upon such terms as Artisans may require. PAYMENT: YOUR PAYMENT IS DUE UPON RECEIPT OF YOUR INVOICE. Invoices are emailed to the successful bidder within three business days of the auction. Please do not call Artisans to inquire about your invoice until at least three business days after the auction, as that is the time we require to receive and process auction data from LiveAuctioneers. LiveAuctioneers is authorized to both send invoices and receive payments. If you are invoiced by or through LiveAuctioneers, you agree to pay them upon receipt of your invoice. The delivery of email is subject to factors outside the control of Artisans; therefore, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If your payment is not received within seven (7) business days of the auction, Artisans reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. Artisans accepts payments by you in the methods indicated in the specific auction information, made to LiveAuctioneers. Please note that there is an additional fee for paying by credit card. This is generally under 3%, but may be higher for non-US cards or accounts. You may also pay Artisans directly using personal or certified checks or wire transfers as payment for items purchased. Items may not leave the premises until payment is made and checks have cleared. A fee of $50 will be assessed on all returned checks. There will be a late fee of one and one half (1 1/2) percent per month with a minimum of $10 on all invoices not paid within 28 days after the auction. You are responsible for paying in US DOLLAR currency. You are responsible for any currency-conversion fees if not paid in US DOLLARS. Artisans reserves the right to take possession of any items not paid within 28 days, for re-sale, at bidder's expense. You will be responsible for any difference between net selling price and original invoice, including storage fees. Bad debts will be reported to appropriate credit agencies. STORAGE: Due to limited storage space for sold items, Artisans requires that the arrangements for the pick-up or shipment of purchased items must be completed within 15 days of the auction unless other arrangements have been made. Please remember, once an item has sold, it is no longer covered by insurance and is stored at the owner's risk. Arrangement for pickup must be made at least 3 days before items are picked up. Artisans reserves the right to charge a fee of $5 per day, per item, if not removed within the requested time frame. Items not removed after 30 days, may at the discretion of Artisans, be sold without notice to the original purchaser, to cover the cost of the merchandise and/or storage charges. Items are stored at the buyer's risk. REMOVAL OF PROPERTY. All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. Items not collected or shipped by the 15th day following the sale will incur storage fees at a rate of $5.00 per lot per day regardless of the size or value of the lot. Items not collected by the 30th day following the sale may be sold by Artisans or sent by Artisans to a public warehouse at the sole risk of, and charge to, the Buyer and Artisans may prohibit the Buyer from participating, directly or indirectly, as a bidder or purchaser in any future sale. No Property may be removed from Artisans premises until the Buyer has paid in full the purchase price including Buyers premium. Artisans shall have no liability for any damage to Property left on its premises after the auction. A defaulting Buyer will be deemed to have granted and assigned to Artisans a continuing security interest of first priority in any Property or money of, or owing to such Buyer in Artisans possession, and Artisans may retain and apply such Property or money as collateral security for the obligations due to Artisans. Artisans shall have all of the rights accorded a secured party under the Alabama Uniform Commercial Code. PACKING AND SHIPPING. Buyer agrees that packing and shipping are done at the Buyers risk and that Buyer will pay in advance all packing expenses, materials, carrier fees and insurance charges. Shipping is the sole responsibility of the Buyer. Artisans will have no liability for any loss or damage to shipped items. Upon request, Artisans will provide an estimate of cost to pack and ship an item, and will provide a list of shippers who can pack and ship to destinations within the United States and overseas. SALES TAX: Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a tax exemption form with Artisans before any exemption can be made. All purchases are subject to Alabama sales tax unless the Buyer possesses an Alabama sales tax exemption number. Alabama residents will be charged 8.00%, unless exempt. Buyer is responsible for any and all tariffs, taxes and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyers country. IMPORT/EXPORT RESTRICTIONS. Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property. BUYERS BREACH. If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, Artisans may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale. GOVERNING LAW. These conditions of sale shall be governed by the laws of the State of Alabama (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against Artisans in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the State of Alabama or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. AMENDMENTS TO TERMS AND CONDITIONS. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of Artisans in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Artisans on any future occasion. Shipping Terms: Buyer Pays Shipping Cost. YOU must make arrangements with Artisans or one of the packers/shippers below or one of your own choosing. YOU will deal directly with shippers in regards to the cost and payment of the packing and shipping of your item(s). YOU must make arrangements for the shipper to take possession of your items(s). Artisans will arrange delivery of items to The Package Store, 601 Gault Avenue N, Fort Payne, AL. There will be a charge of Ten Dollars ($10.00) per item delivered. Buyer agrees to pay this charge prior to delivery. Shipper: The Package Store, 601 Gault Avenue N, Fort Payne, AL. 256-845-7225