1 Your bidding on items indicates your acceptance of the following Terms and Conditions of Sale by Copley Fine Art Auctions, LLC. These terms are subject to amendment before or during the sale. Copley Fine Art Auctions, LLC operates as an agent of the seller only and is not responsible in any way in the event the seller or buyer fails to fulfill their respective agreements. In all instances, the auctioneer’s interpretation of these conditions is final and binding on all bidders.
2 All bids are per lot as numbered online. The sales price shall consist of the final bid price plus the buyer’s premium plus any applicable sales tax. A buyer's premium of 30% of the final bid price will be applied to each lot sold, to be paid by the buyer as part of the purchase price.
3 The auctioneer reserves the right to reject any bid that, in his opinion, is not commensurate with the value of the lot.
4 The auctioneer has the sole right to re-offer a lot and/or settle disputed bids. The record of sale kept by the auction house will be taken as final in the event of a dispute. Additionally, items may be withdrawn at any time prior to the offering of each lot.
5 Except with respect to the guarantee for decoys as set forth below in paragraph 6, all goods are sold “as is" and all sales are final with no exchanges or refunds. Copley Fine Art Auctions, LLC and its consignors make no representations or warranties as to merchantability, fitness for a particular purpose, the correctness of the online listing or other description of physical condition, quality, size, medium, importance, rarity, provenance or historical relevance of any property, and no statement made at the sale, or in the bill of sale, or invoice, or elsewhere shall be deemed such a warranty or representation or an assumption of liability. The purchaser assumes complete responsibility for items at the fall of the hammer.
6 The Copley decoy team is committed to accurately cataloging all decoys. To this end, all decoy lots in this online sale carry guaranteed condition reports. Copley encourages all potential bidders to contact our decoy specialists at least 2 days before the auction ends with any questions or concerns regarding condition. Since opinions can differ in the matter of condition and age, Copley Fine Art Auctions, LLC will be the sole judge in the matter of refunds. If we fail to identify a flaw that significantly impacts the decoy’s value, the purchaser may return the decoy. Duration of Guarantee: Any request for a refund of any decoy lot in the auction must be within 48 hours of receipt of the decoy. It is the purchaser’s responsibility to examine the decoy and identify in writing any flaw or flaws that significantly impact the value of the lot. In order to be eligible for the guarantee, Copley Fine Art Auctions, LLC must receive payment for the decoy within 7 days of the conclusion of the auction. Receipt of the decoy by the purchaser must take place no more than 21 days after the auction ends. Please note that it is the purchaser’s responsibility to arrange pick-up or shipping of the lot. The guarantee in all cases will end 21 days after the auction ends.
7 Successful bidders must pay for their purchases immediately after the sale. All invoices must be paid in full within ten (10) days of the close of the auction. We accept cash, checks (3% discount for checks), credit cards, and wire transfers. The auction house reserves the right to hold property until payment has cleared. A monthly service charge of 1.5% will be added to unpaid balances beginning 30 days after the sale date. A $50.00 fee will be added for returned checks. If a check fails to clear after the second deposit, the purchaser will be held responsible for any and all fees incurred until we have collected good funds.
8 If the purchaser breaches any of its obligations under these Conditions of Sale, including its obligation to pay in full the purchase price of all items for which it was the highest successful bidder, Copley Fine Art Auctions, LLC 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 purchaser to the damages caused by the purchaser’s breach, and/or (b) offering at public auction, without reserve, any lot or item for which the purchaser has failed to pay in full the purchase price, holding the purchaser liable for any deficiency plus all costs of sale.
9 Prospective buyers should satisfy themselves by personal inspection as to the condition of each lot. Although condition reports may be published or given on request, such reports are statements of opinion only. Regardless of whether or not a condition report is given, all property is sold "as is." The absence of a condition report does not imply that the property is in good condition. Copley Fine Art Auctions, LLC reserves the right, at its sole discretion, to refuse condition requests. All weights and measurements are approximate.
10 Some of the lots in this sale carry reserves or minimum selling prices. This is a confidential figure set by the consignor and the auction house below which a lot will not be sold. The reserve will not exceed the low estimate, and the auction house will execute the reserve bids by bidding for the consignor. Estimates are subject to change at any time prior to the offering of each lot.
11 Buyers wishing to pick up items after the auction at our office may do so by appointment. We kindly ask that all items be removed from our warehouse within 30 days of the auction’s end to avoid a $5 daily storage fee.
12 Shipping is the responsibility of the buyer. Upon request, we will provide a list of shippers who deliver within the United States and overseas. Once your payment has cleared, items may be released for shipment. Copley Fine Art Auctions, LLC shall have no liability for any loss or damage to such items. Buyers should allow up to four weeks for shipment.
13 Copley Fine Art Auctions, LLC may, at its discretion and at the buyer’s request, package and ship sold items as directed by the purchaser. In such instances 1) the buyer shall prepay all related expenses, and 2) the buyer agrees that all packaging, handling, and shipment is at the sole risk of the purchaser, and Copley Fine Art Auctions, LLC shall have no liability for any loss or damage to such items. Buyer should allow up to four to five weeks for shipment.
14 Some property 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 goods from local authorities is the sole responsibility of the buyer. Denial or delay of licensing will not constitute delay or cancellation in payment for the total purchase price of these lots.
15 Bidding increments will normally follow the pattern below, but may vary at the sole discretion of the auctioneer:
Estimate Bid Increment
To 450 25
500-950 50
1000-4900 100
5000-9750 250
10,000-19,500 500
20,000-49,000 1,000
50,000-72,500 2,500
75,000+ 5,000
16 Copley Fine Art Auctions, LLC is the owner of the images of each lot offered for sale, and may use such images at any time at its sole discretion for advertising, publicity, and for archival purposes.
17 If you are bidding as an agent for another individual or company, and you execute a bid on behalf of someone else under your bidder number, then you are responsible for the settlement of that account.
18 In no event will the liability of Copley Fine Art Auctions, LLC to any purchaser with respect to any item exceed the purchase price actually paid by such purchaser for such item.
19 Any legal disputes arising from this auction shall be settled in the court system of the Commonwealth of Massachusetts.